EARLY YEARS OF ORGANIZED FIREFIGHTING

ROME The first Roman brigade was a grouped of slaves who were hired by Marcus Ignatius Rufus. Augustus took this idea from Rufus and then built on it form the vigils in 6 A.D. to combat fires using buckets and pumps, as well as poles and hooks to tear down buildings in advance of flames. The Vigiles patrolled the streets of Rome to watch for fires and served the police force.

1966 United Kingdom (The Great Fire of London) The Great of Fire in London in 1966 started in bakers shop in Pudding Lane, which consumed about two square miles (around 5 square kilometers) of the city, leaving tens of thousands homeless, prior to this fire, London had no organized fire protection system. Afterwards insurance companies formed private fire brigades the company insured. These buildings were identified though fire insurance marks. This was a turning point in the fire service.

Hans Hautsh
A German inventor who improved the manual pump by creating the first suction and force pump and adding some flexible hoses to the pump.

Jan Van Der Heyden

A Dutch inventor who invented the fire hose in 1672. Constructed from flexible leather and coupled every 50 feet (15meters) with brass fittings, the length and connections remained the standard up to this day.

Richard Newshan
A native of London further developed the fire engine in 1725, pulled as a cart to the fire scene, these manual pumps were manned by teams of men and could deliver up to 160 gallons per minutes at up to 120 feet (40 meters). Governor John Winthrop Bostons Governor who outlawed wooden chimneys and thatched roofs in 1631.

Governor Peter Stuvvesant New Amsterdam Governor who in 1648, appointed four men to act as fire wardens; they were empowered to inspect all chimneys and to fine any violators of the rules. The City burghers later appointed eight prominent citizens to the Rattle Watch, these men volunteered to patrol the streets at night carrying large wooden rattles. If fire were seen the men spun (spin) the rattles then direct the responding citizens to form bucket brigades.

Other Events and Personalities to Fire Service

Bucket Brigade first known firefighting unit organized thousands of years B.C. Dr. Nicolas Barton underwrote the first insurance policy and organized the first known fire department. Paul Hodge designed and built the first steampowered fire engine in New York in 1840. Moses Latta built fire engines in 1852 that was successfully put into service during the Cincinnati, Ohio fire on January 01, 1853.

National Fire Protection Agency (NFPA) organized in 1896 to set standards on fire prevention and firefighting procedures. Great Triangle Fire occurred in 1911 in New York which led to the adoption and promulgation of fire codes.

Regimen De Pompier firefighting unit organized in France during the first World War.

Manila Fire Department first organized fire department in the Philippines, established on August 6, 1901 with Captain F.R. Hodge as it first fire chief Captain Jacinto Lorenzo - first Filipino was appointed as fire chief on October 19, 1935 before the inauguration of the Philippine Commonwealth Government. He also reduced the schedule of duties of firemen from 4 straight days service with 7 hours day off and 15 hours night off to 48 hours duty and 24 hours off duty.

Presidential degree (PD) 765 signed on August 8, 1975 by then Pres. Marcos establishing the Integrated National Police (INP) integrating all local police and fire forces into one national organization.

Presidential degree (PD) 1185 the first known fire code of the Philippines, signed into law by Pres. Marcos on August 26, 1977.

National Fire Service Council created by Juan Ponce Enrile who was Minister of defense at the time; the council recommended the establishment of a national training center for the fire service. National Fire Service Training Center (NFSTC) established on October 1, 1979 with FCol. Jose V. Cajipe as the first training commandant; now known as the Fire National Training Institute (FNTI).

The Birth and Growth of the FireBureau The Bureau of Fire Protection was created together with other uniformed services in the government by virtue of Republic Act 6975. the very first fire station established in the Philippines is the San Nicolas Fire Station in Manila. The first Fire Marshal then was MAJ GENERAL PRIMO D. CORDETA. Trainings were conducted at National Fire Safety Training Center (NFSTC) in Canlunbang, Laguna, which was under the Integrated National Police Training Center (INPTC) which is now called Fire National Training Institute(NFTI) and Philippine Public Safety College (PPSC), respectively. Civilian employees serving the fire service during INP time was absorbed by the Bureau.

On August 2, 1991, the BFP was separated from the Philippine Constabulary-Integrated National Police(PC_INP) as distinct agency through an Appropriations Act with mandates to prevent and suppress destructive fires, investigate its causes, provide emergency medical and rescue services. The enactment of republic Act 6975, otherwise known as the Department of Interior and Local Government act of 1990 which took effect on January 1, 1991 paved the way for the establishment of the Philippine National Police (PNP),Bureau of Fire Protection(BFP) and Bureau of Jail Management and Penology (BJMP) as separated entities.

Specifically, the Fire bureaus charter was created under Chapter IV Section 53 to 59) and Carried-out through the provisions of rule VII (Section 49 to 58) of the implementing rules and regulations of said law. The organization was the placed under the direct supervision of the DILG Undersecretary for Peace and Order. The succeeding approval of the appropriation act of 19991 has also caused the inaugural operation of the Bureau of Fire Protection on August 2, 1991 as distinct agency of the government, with its initial preparation of Operation Plans and Budget (OPB)

undertaken by the staff of the Office of the National Chief Fire Marshal at Camp Crame, Quezon City headed by then F/Brigadier General Ernesto Madriaga, INP (1990-1992 that took over from the long regn of F/Major Primo D Cordeta (Ret) the First Chief Fire Marshal (1978-2989).

Gen. Madriga served as the BFP first Acting Fire Chief/Director from 1991 to 1992. BFP is responsible for ensuring public safety through prevention and/or suppression of all destructive fires on buildings, houses, and other similar structure, forest, and land transportation vehicles and equipment, ships/vessels docked at piers, wharves or anchored at major seaports, petroleum industry installations. It is also responsible for the enforcement of the Fire Code of the Philippines (PD 1185) and other related laws, conduct investigations involving fire incidents and causes thereof include the filing of appropriate complaints/cases.

BFP Operation Manual and Disciplinary Machinery for Uniformed Personnel was crafted. Capability development programs continued. Among those acquired were firefighting apparatus, arson Laboratory Van a.k.a MECIE (Mobile Evidence Collection and Identification Equipment) Vehicle which was much ahead of PNP-SOCO, Fire Boss a.k.a ERAP(Emergency Response Advance Post) Van, eleven(11) Advance Cardiac Life Support (ACLS) EMS Van, and ten (10) Rescue Vehicles equipped with inflatable air shelter squad tent and various tools and equipment. Also procured twelve (12) gallons Columbia fire trucks and radios.

Established Special Rescue Unit (SRU) on March 12, 1998 with the then SINSP JOSE EMBANG JR as its Chief who took Rescue Training Course in Japan. New Building structure which was initiated by SSUPT GARCIA was constructed to replace the dilapidated San Lorenzo Fire Station at Juan Luna Avenue cor. Quiricida Street in Manila.

In April 19, 1998, the SLEX EMS Satellite was inaugurated by ASEC Nelson Collates. There was optimum utilization of new emergency, rescue and firefighting equipment, including Arson Lab, radios and dispatch system.
Upon acquiring new radios, and establishing dispatch and tracking system, the Fire Control Operations Center (FCOC) was established. These also caused of EARNET (Emergency Assistance and Response Network) among inter-government agencies and private organization involved in crime prevention, emergency and disaster

responses and mitigation. This was launched on august 23, 1999 and became the forerunner of DILG Patrol 117.
Millennium information equipment were procured. Battalion-sized responders was reserved to respond for the then contemplated negative disastrous effect of Millennium Bug which the whole world anxiously awaited.

Organized the first ever BFP-Volunteer Fire Brigade National Convention in 1999 at the Manila Hotel, Roxas Boulevard, Manila resulting to close bilateral coordination and cooperation among BFP members and Fire Volunteer Brigades (FVDs) nationwide wherein a nationwide directory of all FVBs was established. This caused the establishment of FVB Coordination Officer under the Office of the Deputy Chief for Operations who was headed by DIR COLLADO.

The BFP thrusts during this time were equipment capability enhancement, partnership with the LGUs to address fire safety problems in the areas, setting-up of fire safety inspectors qualification standards of enhancement of their technical skill through training and workshops and proposed amendments of Fire Code to enhance and utilize revenue collections.

Task force on fire safety was created to formulate and harmonize various laws and issuances relating to Fire Safety wit Member Agencies-DOTC, DENR, DOLE, DPWH, DOJ, BFP, NAPOLCOM, MARINA, ATO, PIA, MMDA, PNP, PCG, and MIA. This is in response to tragic which claimed many precious lives and properties. There were various programs during that period. There was extended repair program of non-serviceable fire truck and auxiliary equipment through partnership with the LGUs and NGOs dibbed as adopt a-fire truck and adopt-a-fire station programs.

The first convention of BFP and Volunteer Firefighters was in 2001 which has produced a Joint Directory. During this year also, the first BFP web was launched with Electronic Data Processing Unit (EDPU) as incharge.
BFP Firefighters Institutional Regulations and Ethical Standards (FIRE) was also published which established a dynamic, professional and strong BFP as it articulates the professional obligation and norms of conduct and behavior of personnel.

In 2002, the BFP in collaboration with the CSC entered into a MOA for the conduct specialized for Fire Officer I (first level) and Fire Officer II (second level) eligibilities aimed at establishing a register of eligible from which certification and appointment to BFP positions will be made. It was initiated in view of passage of CSC resolution No. 020902 which set the deadline for BFP holding NAPOLCOM eligibilities and temporary appointments to comply with the requirement of having the appropriate eligibility.

There were international collaborations which resulted to capability-building in the area of WMD first responding training (Operational Level) in 2002 and Mass Casualty Emergency Training in 2003 engaged under US State Department Anti-Terrorism Assistance Program (ATAP); Two (2) Coasters, six (6) Toyota Revo in 2002 and eighty eight (88) units of Hyundai fire trucks (1000 gallons capacity) were produced in 2003.

BFP PROUD (Promote Reduction of Undue Delay) Program which was anti-red tape campaign was also launched. Nowadays, the implementation of agencys citizens charter is strictly monitored by the CSC and Ombudsman.

There was a creation of BFP technical Committee, Fire Code Amendments and Enhancement of Fire Code Fees Collection Committee, Task Force Validation and SPEX Malampaya Off-Shore Platform Inspection Team, Building Committee-PMCO< BFP Devolution Study Group and implementation Program for BFP Capability Building Program (IP-BFP-CBP) under JICA and JBIC appraisal and Upgrading of Firefighting Capability for BFP-NCR (UFC-BFP-NCR) under ODA from Austria for packaging project proposals to secure financial assistance.

The major milestone in 2004 was the attendance of President Gloria Macapagal-Arroyo as Guest of Honor and speaker during Kick-off Ceremony of Fire Prevention Month in Luneta Park, Manila which paved way to release of presidential fund for the acquisition of thirty seven (37) units of fire pumps.

BFP organization elevated its professional standards and salary scale commensurate to their PNP uniformed members counterpart through the passage of RA 9263, otherwise known as the BFP and BJMP Professionalization Act f 2004. This act caused the restructuring of BFP Organizational Structure thereby creating additional Directories which now totals to six (6).

In 2005, Arson Laboratory Building in Agham, Quezon City started to be constructed. During this year also 2006, the Kiddie/junior Fire Marshal Program was launched. At the same time Fire Station in Boracay was built.
There was continuous procurement of various firefighting gears and equipment apparatus. Republic Act 9263 Implementing Rules and Regulations was passed/issued. Fire and Life Safety Assessment/ report (FALAR) was promoted.

During these years, BFP Vision and Mission Statements were revised from modernized to world class fire protection agency for its vision; BFP patch was created; regional logos and standard flags were adopted by regional offices; GOA uniform midnight blue color with bush jacket version for officers as well as blue duck; rank insignias for both officers and non-officers are still adopted.

The SRU orange field uniform, EMS blue emergency response uniform, and operating units uniform were subject for approval of the National Historical Institute (NHI).

Mission To prevent and suppress destructive fires, investigate its causes and provide emergency medical and rescue services, and enforce other fire related laws with active involvement of community. Vision A modern fire protection agency working towards a safe and progressive society.

Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the Twenty-eight day of July, two thousand three.

Republic Act No.9263

March 10, 2004

AN ACT PROVIDING FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE PROTECTION (BFP) AND THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING CERTAIN, PROVISIONS OF REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF AND FOR OTHER PURPOSES

Be it enacted by Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Tittle. This act shall be known as the Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act 2004

SECTION 2. Declaration of Policy and Principles. It is declared policy of the state to maintain peace and order, protect life, liberty and property, and promote the general welfare essential for the enjoyment by all the people of the blessings of democracy (Article 11, Section 5 of the Philippine Constitution) Moreover it recognizes the responsibility of the state to strengthen government capability aimed towards the strengthening of the delivery of basic service to the citizenry thought the institutionalization of highly efficient and competent fire and jail services.

It is provided for under Republic Act No. 6975, other wise known as the Department of the Interior and Local Government Act 1990 that the task of fire protection, and jail management and penology shall be the responsibility of the Bureau of Fire Protection (BFP) and Bureau of Jail Management and Penology (BJMP), respectively.

Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the Philippine National Police Reform and Reorganization Act 1998, provides that in the times of national emergency, BFP and the BJMP along with the Philippine National Police (PNP) Shall, upon the direction of the President, assist The Armed Forces of the Philippines (AFP) in meeting the national emergency, in addition to the performance of their inherent functions as mandated by law.

It is therefore recognized that the uniformed personnel of the BFP and the BJMP as member of the uniformed service of the government under the Department of the Interior and Local Government (DILG), are required the same amount of sacrifice, service and dedication like their counterparts in the PNP and the AFP to carry out their respective duties to extent of risking their lives and limbs.

Towards this end, the State shall provide for the Professionalization and restructuring of the BFP and the BJMP by Upgrading the level of qualifications of their, uniformed personnel and standardizing their base pay, retirement and other benefits, making it at par with those of the PNP and the AFP.

SECTION 3. Organization and Key Positions of the BFP. The BFP shall be respectively headed by a Chief who shall be assisted by two (2) deputy chiefs, one (1) for administration and one (1) for operations, all of whom shall be appointed by the President upon recommendation of the Secretary of the DILG from among the qualified officers with atleast the rank of senior superintendent in the service.

The Heads of the BFP with the rank of director shall have the position title of Chief of the Fire Bureau. The second officers in command of the BFP with the rank of chief superintendent shall have the position title of Deputy Chief for Administration of the Fire Bureau. The third officer in command of the BFP with the rank of chief superintendent shall have the position title of Deputy Chief for Operation of Fire Bureau.

The fourth officers in command of the BFP with the rank of chief superintendent shall have the respective position title of Chief of Directorial Staff of the Fire Bureau, who shall be assisted by the directors of directorates in the respective national headquarters office with atleast the rank of senior superintendent.

The BFP shall establish, operate and maintain their respective regional offices in each of the administrative regions of the country which shall be headed by a Regional Director for Fire Protection with the rank of senior superintendent. He/she shall be respectively assisted by the following officers with the rank of superintendent: Assistant Regional Director for Administration, Assistant Regional Director for Operations, and Regional Chief of Directorial Staff.

SECTION 4. Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed Personnel to the BFP. No person shall be appointed as uniformed personnel of BFP unless he/she possesses the following minimum qualifications:
a) A citezen of the Republic of the Philippines; b) A person of good moral character; c) Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining his/her physical and mental health;

d) Must possess a baccalaureate degree from recognized institution of learning; e) Must possess the appropriate civil service eligibility; f) Must not have been dishonorably discharged of dismissal for cause from previous employment; g) Must not have been convicted by final judgement of an offense or crime involving moral turpitude;

h) Must be atleast one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter and fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for height and age requirement/s shall be automatically granted to apllicants belonging to the cultural communities; and i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his/her height, age and sex.

Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30) years of age: except for this particular provision, the above enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be ground separation or retirement from the service: Porvided,further, That the uniformed personnel who are already in the service upon the effectivity of this Act shall be given five (5) years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.

After the lapse of the time of period for the satisfaction of a specific requirement, current uniformed personnel of the BFP 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 the government for less than twenty (20) years, or retired if they are age fifty (50) and above and have served in the government for atleast twenty (20) years without prejudice in either case to the payment of benefits they may be entitled to under existing laws.

SECTION 5. Appointment of Uniformed Personnel to the BFP. The appointment of the BFP shall be effected in the following manners: a) Fire Officer I to Senior Fire Officer IV. Appointed by the respective Regional Director for Fire Protection and Regional Director for Jail Management and Penology for the regional office uniformed personnel or by the respective Chief of the Fire Bureau for the national headquarters office uniformed personnel, and attested by the Civil Service Commission (CSC);

b) Fire Inspector to Fire Superintendent. Appointed by the respective Chief of the Fire Bureau and Chief of the Jail Bureau, as recommended by their immediate superiors, and attested by the CSC; c) Fire Senior Superintendent. Appointed by the Secretary of the DILG upon recommendation of the respective Chief of the Fire Bureau and Chief of the Jail Bureau, with the proper attestation of the CSC; and d) Fire Chief Superintendent to Fire Director. Appointed by the President upon recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman of the CSC.

SECTION 6. Lateral Entry of Officer into the BFP. In general, all original appointments of officers in the Fire Bureau shall commence the rank fire inspector wherein applicants for lateral entry into the BFP shall include all those with highly specialized and technical qualifications such as, but not limited to, civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemist, achitects, criminologists, certified public accountants, nurses, physical therapists, and dentists. Doctor of Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of fire senior inspector in their particular technical

service. Graduate of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of fire inspector. SECTION 7. Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed Personnel of the BFP to Key Positions.

a) No person shall be designated to the following key positions of the BFP unless he/she has met the qualifications provided therein:

1) Municipal Fire Marshal. Should have the rank of senior inspector, who must have finished atleast second year Bachelor of Laws or earned atleast twelve (12) units in a masters degree program in public administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning, and must have satisfactory passed the necessary training of career courses for such position as may be established by the Fire Bureau;

2) City Fire Marshal. Should have the rank of chief of senior inspector, who must have finished atleast second year Bachelor of Laws or earned atleast twenty four (24) units in maters degree program in public administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning, and must have satisfactory passed the necessary training of career courses for such position as may be established by the Fire Bureau;

3) District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for Administration, Assistant Regional Director for Operatios and Regional Chief of Directorial Staff. Should have the rank of superintendent, who must be a graduate of Bachelor of Laws or a holder of a masters degree in public administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning, and must have satisfactory passed the necessary training of career courses for such position as may be established by the Fire Bureau;

4) District Fire Marshal for the National Capital Region, Regional Director for Fire Protection and Director of the Directorate of the National Headquarters Office. Should have atleast the rank of senior superintendent, who must be a graduate of Bachelor of Laws or a holder of masters degree in public administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning, and must have satisfactory passed the necessary training of career courses for such position as may be established by the Fire Bureau;

5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of the Fire Bureau and Chief Directorial Staff of the Fire Bureau. Should have the rank of chief superintendent, who must be a member of the Philippine Bar or a holder of a masters degree in public administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning, and must have satisfactory passed the necessary training of career courses for such position as may be established by the Fire Bureau; and

6) Chief of the Fire Bureau. Should have the rank of director, who must be a member of the Philippine Bar or a holder of a masters degree in public administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning, and must have satisfactory passed the necessary training of career courses for such position as may be established by the Fire Bureau. Any uniformed personnel of the BFP who is currently occupying such position but lacks any of the qualifications mentioned therein shall be given three

(3) years upon the effectivity of this Act to comply with the requirements, otherwise he/she shall be relieved from the position.
SECTION 8. Professionalization and Qualifications Upgrading Program. The DILG shall design and establish a professionalization and qualifications upgrading program for uniformed personnel of the BFP in coordination with CSC and the Commission on Higher Education (CHED) though an off-campus education program or other similar programs within ninety (90) days from the effectivity of this Act.

SECTION 9. Attrition System for the Uniformed Personnel of the BFP. There shall be established a system of attrition for the uniformed personnel of the BFP within one (1) year from the effectivity of this Act to be submitted by said bureau to the DILG for approval. Such attrition system shall include, but is not limited to, the provision of the following principles:

a) Attrition by Demotion in Position or Rank. Any uniformed personnel of the BFP who is relieved and assigned to a position lower than that is established for his/her grade in the respective staffing pattern of the Fire Bureau, and who shall not be assigned to a posiiton commensurate to his/her grade within two (2) years after such demotion in position shall be separated or retired from the service;

b) Attrition by Non-Promotion. Any uniformed personnel of the BFP who has not been promoted for a continuous period of ten (10) years shall be separated or retired from the service, except for those who are occupying a third-level position; c) Attrition by Other Means. Any uniformed personnel of the BFP with atleast five (5) years of accumulated active serviceshall be separated from the service based on any of the following factors:

1) Inefficiency based on poor performance during the last two (2) successive semestral ratings period; 2) Inefficiency based on poor performance for three (3) cumulative semestral rating period; 3) Physical and/or mental incapacity to perform his/her duties and functions; or 4) Failure to complete the required career courses and/or appropriate civil service eligibilityfor his/her position except for justifiable; and

d) Separation or Retirement from the Fire Bureau under this Section. Any personnel who is dismissed from the BFP pursuant to the aboveenumerated principles in this Section shall be separated if he/she has rendered less than twenty (20) years of service and be retired if he/she has rendered atleast twenty (20) years of service unless the concerned personnel is disqualified by law to receive such benefits.

SECTION 10. Promotion System for the Uniformed Personnel of the BFP and BJMP. Within six (6) months after the affectivity of this Act, the DILG shall establish a system of promotion for the uniformed personnel of the BFP and the BJMP though the following principles:
a) Rationalized Promotion System. The system of promotion shall be based on merits and on the availability of vacant ranks in the BFP and the BJMP staffing pattern.

Such system shall be gender-fair so as to ensure that women personnel of the Fire Bureau and the Jail Bureau shall enjoy equal opportunity for promotion as to men;
b) Requirements for Promotion. 1) Any personnel of BFP and the BJMP shall not eligible for promotion to a higher rank unless he/she has met the minimum qualification standards or the appropriate civil service, eligibility set by the CSC, and has the satisfactorily passed the required psychiatric/psychological, drug and physical test.

2) Any personnel of the BFP and the BJMP who has exhibited act of conspicuous courage and gallantry at the risk hi/her life above and beyond the call of duty, or selected as such in a nationwide search conducted by any accredited civic organization, shall be promoted to the next higher rank, Provided, That these shall be validated by the DILG and the CSC based on established criteria.

SECTION 11. Performance Evaluation System. There

shall be established a performance evaluation system which shall be administered with accordance with the rules, regulations, and standards, and a code conduct for the uniformed personnel of the BFP and the BJMP to be promulgated by the Fire Bureau and the Jail Bureau through the DILG. Such performance evaluation system shall be administered in such a way as to foster the improvement of the individual efficiency and behavioral discipline as well as the promotion of organizational effectiveness and commitment to service.

The rating system as contemplated herein standard shall be based on standard prescribed by the Fire Bureau and the Jail Bureau through the DILG and shall be consider the result of the annual psychiatric/psychological and physical test conducted on the uniformed personnel of the BFP and the BJMP.

SECTION 12. Standardization of the Base Pay, Retirement and the other Benefits of The Uniformed Personnel of the BFP and the BJMP. In order to enhance the general welfare, commitment to service and professionalism of the uniformed personnel of the BFP and the BJMP, they shall receive the minimum starting salary equivalent to the salary grade level of the corresponding rank classification of their counterparts in PNP, as provided under Section 36 of Republic Act No. 8551, and in the AFP, as provided under Section 2 of Republic Act No. 9166.

The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be adjusted in accordance with the following salary grade schedule: RANK SALARY Fire/Jail Director Fire/ Jail Chief Superintendent Fire/ Jail Senior Superintendent Fire/Jail Superintendent Fire/Jail Chief Inspector Fire/ Jail Senior Inspector GRADE 28 27 26

25 24 23

Fire/ Jail Inspector Senior Fire/Jail Officer IV Senior Fire/ Jail Officer III Senior Fire/ Jail Officer II Senior Fire/ Jail Officer I Fire/ Jail Officer III Fire/ Jail Officer II Fire/ Jail Officer I

22 19 18 17 16 14 12 10

Provided, That all Benefits currently receive by the uniformed personnel of the BFP and the BJMP under existing laws shall continue to be received by them: Provided, Further, That their retirement pay shall be subject to adjustment/s based on the prevailing scale of base pay of the uniformed personnel in the active service.
SECTION 13. Implementation. The implementation of this Act shall be undertaken in staggered phases, but not to exceed three (3) years, taking into consideration the financial position of the national government: Provided, That any partial implementation shall be uniform and proportionate for all ranks.

SECTION 14. Implementation Rules and Regulation. The DILG in coordination with the BFP and the BJMP, the CSC, the Department of Budget and Management (DBM), and the Department of Finance (DOF) shall, within ninety (90) days from the affectivity of this Act, Promulgated the rules and regulations necessary to implement the provision of this Act.

SECTION 15. Annual Report. The BFP and the BJMP through the DILG and the DBM shall jointly submit to the President of the Senate and the Speaker of the House of Representatives an annual report on the implementation of this Act. This report shall include information on the application of the budget for the salary and other benefits provided under this Act.

The DBM, in consultation with the BFP and the BJMP though the DILG, shall periodically review and adjust every five (5) years the rates of base pay, taking into consideration labor productivity, consumer price index, oil price and other similar economic indicators as may determined by the National Economic and Development authority (NEDA).

The beginning of the countrys Fire Service entity dates back to 1901 with the pioneer firefighters of the Manila Fire Department which has headed by New Yorker Capt. F>R> Dodge as the Fire Chief. Since then the Manila Fire Department had Gradually grown and became the launching point of the fire service units in the neighboring towns and cities. Eventually. The fire protection system expanded to other parts of the country. For long time, firemen like the police and jail forces had been under the control of local government authorities until in the mid 70s , they were integrated into the defunct PC/INP which was a national agency under the Department of National Defense (DND).

For several years under the PC/INP organization, the Fire Service had proven its efficiency in the field of public service. The passage of Republic Act. (RA) 6975 in 1990 changed the entire organization. Better known as the Department of the Interior and Local Government Act of 1990 (DILG Act of 1990), the PC/INP was dissolve and was divided into three (3) separate agencies, namely: the Philippine National Police (PNP), the Bureau of Jail Management and Penology (BJMP), and the Bureau of Jail under the auspices of the Department of the Interior and Local Government (DILG).

The Bureau of Fire Protection, referred to as the Fire Bureau, was created under Rule VIII, Section 49 of Republic Act 6975. In Section 50 of the same Act, the Bureau is responsible for the prevention and suppression of all destructive fires on buildings, houses, and other structures, forests, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code..

Then the existing powers and functions delegated to the Station Commanders, Provincial Superintendents, Regional Directors, Director General INP, and the Secretary of National Defense under the PC/INP set-up are now exercised by the City/Municipal Fire Marshals, Provincial Fire Marshals, Director of the Fire Bureau and the Secretary of the DILG, respectively. The Fire Bureau is also empowered 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.

The BFP is a community- oriented government agency that provides assistance to the citizenry not only during fire but also in times of typhoons, floods, earthquakes, vehicular accidents, and various other calamities. While its primary mission is to serve the fire safety needs of the country, the Fire Bureau is also active in rescue, evacuation, paramedic, and relief operation in any life-threatening situation.

OUR MISSION: The BUREAU OF FIRE PROTECTION (BFP) shall ensure public safety through the prevention of and suppression of all kinds of destructive fires with the active support of the community, enforce the Fire Code and has the power to investigate all causes of fire and if necessary, file the proper complaints with the appropriate agency. OUR VISION: The BUREAU OF FIRE PROTECTION ENVISIONS a modernized efficient and responsive national fire protection agency fully-equipped and manned by highly-trained officers and men capability, as well as resilience and strength to confront the onslaught of raging fire and other disasters and calamities.

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF FIRE PROTECTION

BFP GRIEVANCE MACHINERY (BFP GM) In line with the Revised Policies on the settlement of Grievances contained in Civil Service Commission (CSC) Memorandum Circular No. 02,s 2001, the Bureau of Fire protection(BFP) hereby adopts the herein Grievance Machinery (GM) I. PURPOSE The grievance machinery prescribes the policies and procedures governing the expeditious, fair and equitable resulting of grievance in the Bureau of Fire Protection.

II. BASIC POLICIES 1. A grievance shall be resolved expeditiously at all times at the lowest possible level in the BFP. However, in case of failure to reach a settlement, the aggrieved party shall present his/her grievance to the next higher authority following the hierarchy of positions. 2. The grievance proceeding shall be aimed at determining what proper action should be done to resolve the grievance expeditiously. 3. The BFP shall ensure that its Grievance Machinery is responsive to grievances covered under this circular.

4. Grievance party shall be assured freedom from coercion, discrimination, reprisal and based action on a presented grievance. 5. Grievance proceedings shall not be bound by legal rules and technicalities. Even verbal grievance must be acted upon expeditiously. The services of a legal counsel shall not be allowed. 6. A Grievance shall be in the form of a complaint presented verbally or in writing by the aggrieved party to his or her or immediate supervisor, the grievance shall be presented to the next higher supervisor.

7. The top management shall ensure equal opportunity for men and women to be represented in the Grievance Committee. 8. Only permanent officials and employees, whenever applicable, shall be designated as members of the Grievance Committee to the designation of the committee members, integrity, sincerely and credibility shall be considered. 9. Supervisors or officials who refuse to take on a grievance brought to their attention shall be liable for neglect of duty in accordance with existing civil service law, rules and regulations.

10. The right to appeal on a grievance in accordance with the provisions of this Grievance Machinery shall not be curtailed.

III. OBJECTIVES
1. General The BFP Grievance Machinery aims to create a work atmosphere conductive to a harmonious employee relations and improved employee morale. 2. Specific Specifically, the BFP GM aim to:

a. Settle grievances at the lowest possible level in the BFP organization; b. Serve as catalyst for the development of capabilities of personnel in dispute settlement, especially among supervisors in the agency; c. Establish an orderly method for handling disputes and grievances; and d. Allow the parties equal opportunity to be heard and to appeal the results of the grievance negotiation step by step until a final, binding and executory decision is reached.

IV. SCOPE The BFP Grievance Machinery applies to all uniformed and non-uniformed personnel of the Bureau of Fire Protection. It may also apply to non-career employees whenever practicable. Grievance may occur in any of the following:
a. between and among individual employees and supervisor, between and among supervisors, or between employees and management; and b. all matters giving rise to employee dissatisfaction.

V. DEFINITION OF TERMS Accredited or Recognized Employee Union refers to an employee union accredited pursuant to Executive Order No. 180 and its implementing rules and regulations. Aggrieved Party is the party who has a grievance and seeks redress therefore or for it. Bilis Aksyon Partner refers to the counterpart action partner of the Civil Service Commission under the Mamamayan Muna Program in every agency pursuant to CSC MC No. 3, s. 1994.

Grievance is a work-related discontent or dissatisfaction expressed verbally or in writing, and which in the aggrieved employees opinion has been ignored or dropped without due consideration Grievance Procedure refers to the procedure for seeking redress of grievances in accordance with the provisions of the Grievance Machinery. Grievance Machinery refers to the Personnel Mechanism established in a government agency to address grievance between or among government officials and employees. Immediate Supervisor is the direct supervisor of an employee

Party Complained Of refers to the person who is the subject of the complaint or grievance Public Sector Labor Management Council (PSLMC) is the council responsible for the promulgation, implementation and administration of the guidelines for the exercise of the right government employees to organize pursuant to Executive Order No. 180. Top Management refers to the national headquarters if the matter is in the national level and Regional Offices if the matter is in the regional level.

IV. APPLICATION OF GRIEVANCE MACHINERY

The following instances must be acted upon through the Grievance Machinery: 1. Non-implementation of policies, Practices and procedures relating to economic and financial issues and other terms and conditions of employment fixed by law, including salaries, incentives, working hours, and leave benefits, such as delay in the processing of overtime pay, unreasonable withholding of salaries and inaction on application for leave;

2. Non-implementation of policies, practices and procedures which affect employees from recruitment to promotion, detail, transfer, retirement, termination, lay-offs, and other related issues that affect them such as failure to observe selection process in appointment, and undue delay in the processing of retirement papers; 3. Inadequate physical working conditions such as lack of proper ventilation in the workplace and insufficient facilities and equipment necessary for the safety and protection of employees who nature and place of work are classified as high risk or hazardous.

4. Poor interpersonal relationships and linkages such as unreasonable refusal to give official information by one employee to another. 5. Protest on appointments; and 6. All other matters giving rise to employee dissatisfaction and discontentment outside of those cases enumerated above

7. The following cases shall not be acted upon through the grievance machinery: a. Disciplinary cases which shall be resolved pursuant to the Uniform Rules on Administrative Cases; b. Sexual harassment cases as provided for in RA 7877; and c. Union-related issues and concerns.

VII. GRIEVANCE PROCEDURE The procedures for seeking redress of grievances shall be as follows: 1. Discussion with Immediate Supervisor. At the first instance, a grievance shall be presented verbally or in writing by the aggrieved party to his or her immediate supervisor. The supervisor shall verbally inform the aggrieved party of the corresponding action within three (3) working days from date of presentation; provided, however, that where the subject of the grievance is the immediate supervisor, the aggrieved party may bring the grievance to the next higher supervisor.

2. Appeal to the Higher Supervisor. If the aggrieved party is not satisfied with the verbal decision, he or she may submit the grievance in writing within (5) days to the next higher supervisor who shall render his or her decision within (5) working days from receipt of the grievance.

3. Appeal to the Grievance Committee. The decision of the next higher supervisor may be elevated to the grievance committee within five (5) working days from receipt of the decision for the next higher supervisor. The Grievance committee may conduct an investigation within (10) working days from receipt of the grievance and render a decision within five (5) working days after the termination of the investigation; provided, however, that where the subject of the grievance is the Grievance Committee, the aggrieved party may submit the grievance to top management.

4. Appeal to Top Management. If the aggrieved party is not satisfied with the decision of the Grievance Committee, he or she may elevate his or her grievance within five (5) working days from receipt of the decision to top management that shall make the decision within ten (10) working days after the receipt of the grievance; provided, however, that where the subject of the grievance is the top management may bring his or her grievance directly to the Civil Service Commission Regional Office.

5. Appeal to the Civil Service Commission Regional Office. If the aggrieved party is not satisfied with the decision of the top management, he or she may appeal or elevate his or her grievance to the Civil Service Commission Regional Office concerned within fifteen (15) working days from the receipt of such decision. Together with the appeal, the aggrieved party shall submit a Certificate of Final Action on the Grievance (CFAG). The Civil Service Commission Regional Office shall rule on the appeal in accordance with existing civil serve laws, rules and regulations.

6. Unless appealed in accordance with the grievance procedure, the decision rendered by competent authorities shall take effect after fifteen (15) days from receipt if no appeal has been taken by either parties. 7. Contents of the written Grievance. The aggrieved party may file a written complaint which includes the following information:

a. Date Filled b. Name of Aggrieved Party/ Complainant c. Position Title/ Designation of Aggrieved Party (if any) d. Nature/ Subject of Grievance e. Action Desired f. Section/ Division/ Office (where the aggrieved party is assigned) g. Aggrieved Partys Higher Supervisor h. Signature of Aggrieved Party

VIII.GRIEVANCE COMMITTEE A. Composition of the Grievance Committee 1. National Headquarters Chairperson Director for Administration Members Chief of Administrative Division Chief of Internal Affairs Services Chaplain National Enlisted Senior Fire Officer (NESFO)

2. Regional Offices Chairperson Assistant Regional Director for Administration Members Chief of Administrative Division Chief of Internal Affairs Services Chaplain/ Chief of Operations Division Regional Enlisted Senior Fire Officer (RESFO)

3. Provincial District Offices Chairperson Deputy Provincial/District Fire Marshal Members Chief of Administrative Section Chief of Operations Section

4. City/Municipal Fire Stations Chairperson Deputy City/Municipal Fire Marshal Members Chief of Administrative Section Chief of Operations Section

B. RESPONSIBILITIES OF THE GRIEVANCE COMMITTEE In addition to finding the best way to address a specific grievance, the Grievance Committee shall have the following responsibilities: 1. Establish its own internal procedures and strategies Membership in the grievance committee shall be considered part of the members regular duties.

2. Develop and implement pro-active measures or activities to prevent grievance such as employee assembly which shall be conducted at least ince every quarter, talakayan, counseling and other human resourse interventions. Minutes of the proceedings of these activities shall be documented for the audit purposes. 3. Conduct continuing information drive on Grievance Machinery among officials and employees in collaboration with the personnel section. 4. Conduct dialogue between and among the parties involved.

5. Conduct investigation and hearing. 6. Issue Certificate of Final Action on the Grievance (CFAG) which shall contain, among other things, the history and final action taken by the agency on a grievance. 7. Submit a quarterly report of its accomplishments and status of unresolved grievances to the Civil Service Commission Regional Office concerned.

C. RESPONSIBILITIES OF THE PERSONNEL SECTIONS

1. The BFP Personnel Section shall extend secretariat service to the Grievance Committee. 2. The BFP Personnel Section in collaboration with the Grievance Committee, shall conduct a continuing information drive on Grievance Machinery among BFP officials and employees.

X. EFFECTIVITY This Grievance Machinery shall take effect immediately upon approval by the Civil Service Commission Regional Office concerned.

XI. COMMITMENT I hereby commit to implement the provisions of the Grievance Machinery and take necessary action in accordance with existing civil service laws; rules and regulations against supervisors or officials who shall refuse to act on a grievance brought before their attention

UNIFORM RULES ON ADMINISTRATIVE CASES IN THE BUREAU OF FIRE PROTECTION

BFP MEMORANDUM CIRCULAR NO. 2006-005 Pursuant to Section 55 of Republic Act No 6975 (otherwise known as the Department of the Interior and Local Government Act of 1990), which mandates the Fire Chief to recommend to the Secretary, DILG the Disciplinary Machinery governing the conduct of all officers and men, as well as the non-uniformed personnel in the Bureau of Fire Protection, the undersigned Officer-in-Charge, Bureau if Fire Protection hereby, subject to the approval of the Secretary, Department of the Interior and Local Government,

promulgates rules and regulations governing the investigation and adjudication of administrative cases in the Bureau of Fire Protection, to wit:

RULE I GENERAL PROVISIONS

Section 1. Purpose. To ensure uniformity in the conduct of investigation and disposition of cases against BFP members; to have a speedy, fair and judicious disposition of cases; and to empower the Regional Directors, Provincial/District/City/Municipal Fire Marshals in disciplining their personnel in accordance with these rules and other related laws. Section 2. Scope. These rules shall be applicable to all cases against BFP personnel, except where a special law provides otherwise.

Section 3. Title. These rules shall be known as the Uniform Rules on Administrative Cases in the Bureau of Fire Protection. Section 4. Definition of Terms. The terms hereunder shall be construed as follows: a. BFP PERSONNEL refers to the men and women in the Bureau of Fire Protection, either uniformed or non-uniformed personnel. b. SHO refers Summary Hearing Officer who shall conduct the formal hearing.

c. SILG refers to the incumbent Secretary of the Department of the Interior and Local Government. d. DISCIPLINING AUTHORITY refers to the C, BFP; Regional Director; P/DFM/ C/MFM and substation commander having disciplining authority over their respective personnel. e. RESPONDENT refers to the BFP personnel who is formally charged by the disciplining authority. f. PERSON COMPLAINED OF refers to the BFP personnel who is the subject of a complaint but who is not yet formally charged by the disciplining authority.

g. PARTY ADVERSELY AFFECTED refers to the respondent against whom a decision in a disciplinary case has been rendered. h. FORUM-SHOPPING refers to the filing of an administrative action or complaint before another agency or any tribunal against the same party involving the same acts or causes of action and relief. Section 5. Technical Rules in Administrative Investigations. Administrative invesigations and dispositions shall be conducted without necessarily adhering strictly to the technical rules of procedure and evidence applicable to judicial proceedings.

RULE II DISCIPLINING AUTHORITY

Section 6. Municipal/City Fire Marshals. The Municipal/City Fire Marshals shall have the original and concurrent authority with their Provincial/District and Regional Director to discipline and impose penalty of reprimand and suspension of not exceeding fifteen (15) calendar days over BFP personnel under their respective jurisdictions.

Section 7. Provincial/District Fire Marshals. The Provincial/District Fire Marshals shall have the original and concurrent authority with the Regional Director to discipline and impose penalty of reprimand and suspension of not exceeding thirty (30) calendar days over BFP personnel under their jurisdiction.
Section 8. Regional Directors. The Regional Directors shall have the original and concurrent authority to discipline and impose penalty of reprimand to dismissal of BFP personnel having the rank of FO1 to SFO4 or NUP occupying first level

positions at the time of the commission of the offense, and reprimand and suspension of not exceeding six (6) months over other BFP personnel under their jurisdiction. Section 9. Chief, BFP. The Chief, BFP shall have the authority to discipline and impose penalty of reprimand and dismissal of all BFP personnel, except those occupying third level position as provided by these rules and other laws.

Section 10. Hierarchy of the Disciplining Authority. It is understood, once the higher authority took cognizance of the administrative case, the lower disciplining authority shall cease and desist from further disposing of the case; immediately inform the parties; and submit its records to such higher disciplining authority investigating the case.

RULE III INTERNAL AFFAIRS SERVICE

Section 11. The Internal Affairs Service of the National Headquarters, Regional, Provincial/District, City or Municipal Offices, or Station/Substation, if there is any, shall: a. Receive complaints; b. Investigate complaints in accordance with these rules;

c. Submit a report of its findings/resolution relative to the existence of prima facie case with the corresponding recommendation to the disciplining authority for the filing of formal change; otherwise the recommendation shall be fir the dismissal or the complaint; d. Act as the prosecutor during the formal hearing; and e. Perform other duties as may be directed by the higher authority.

RULE IV COMMENCEMENT OF ADMINISTRATIVE ACTION

Section 12. Complaint or Delinquency Report. All proceedings must be commenced by a complaint or delinquency report against the BFP personnel who appears to be responsible therefor. Section 13. Complaint. A complaint against BFP personnel shall not be given due course unless it is in writing and subscribed and sworn to by the complaint. However, in cases initiated bu the proper disciplining authority, the complaint or delinquency report need not be under oath.

No anonymous complaint shall be entertained unless there is obvious truth or merit to the allegations therein or it is supported by documentary or direct evidence, in which case the person complained of may be required to comment.

The complaint should be written in clear, simple and concise language, and i a systematic manner as to apprise the person complained of the nature and cause of the accusation against him and to enable him to intelligently prepare his defense or answer.

The complaint should contain the following: a. Full name and address of the complainant; b. Full name and address of the person complained of as well as his position and office of employment; c. A narration of the relevant and material facts which show the acts or omission as allegedly committed by the civil servant;

d. Certified true copies of documentary evidence and affidavits of his witnesses, if any; and e. Certification or statement of non-forum shopping.
In the absence of any one of the aforementioned requirements, the complaint shall be dismissed.

Section 14. When and Where to File a Complaint. Except when otherwise provided for by law, an administrative complaint may be filed at anytime with the Disciplining Authority or the Internal Affairs Service having jurisdiction over the person complained of for the purpose of conducting preliminary investigation.
Section 15. Withdrawal of the Complaint. The withdrawal of the complaint does not result in its outright dismissal nor discharge the person complained of from my administrative liability. Where there is

obvious truth or merit to the allegation in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course.

Section 16. Action on the Complaint. Upon receipt of a complaint which is sufficient in form and substance, the disciplining authority or investigator-oncase shall require the person complained of to submit a counter-affidavit/comment under oath, in five (5) copies, within three (3) days from receipt. Section 17. Preliminary Investigation. A preliminary investigation involves the ex parte examination of records and documents submitted by the complainant and the person complained of, as well as documents readily available from other government

offices. During said investigation, the parties are given the opportunity to submit affidavits and counteraffidavits. Failure of the person complained of to submit his counter-affidavit shall be considered as a waiver thereof.
Thereafter, if necessary, the parties may be summoned to a conference where the investigator may ask clarificatory and other relevant questions.

Upon receipt of the counter-affidavit or comment under oath, the disciplining authority or investigator-on-case may now determine whether a prima facie case exists to warrant the issuance of a formal change.

A fact-finding investigation may be conducted further or prior to the preliminary investigation for the purpose of ascertaining the truth. A preliminary investigation necessarily includes a fact-finding investigation.
Section 18. Duration of the Investigation. A preliminary investigation shall commence not later than five (5) days from receipt of the complaint by the disciplining authority or investigator-on-case and shall be terminated within thirty (30) days thereafter.

Section 19. Investigation Report. Within five (5) days from the termination of the preliminary investigation, the investigating officer shall submit the investigation report and the complete records of the case to the disciplining authority.
Section 20. Decision or Resolution after Preliminary Investigation. If a prima facie case is established during the preliminary investigation, the disciplining authority shall issue a formal charge. A formal hearing if elected or necessary shall follow.

In the absence of a prima facie case, the complaint shall be dismissed by the disciplining authority.
Section 21. Formal Charge. After a finding of a prima facie case, the disciplining authority shall formally charge the person complained of. The formal charge shall contain a specification of charge(s) a brief statement of material or relevant facts, accompanied by certified true copies of the documentary evidence, if any; sworn statements covering the testimony of witnesses; a directive to answer the charge(s) in writing

under oath in not less than seventy-two (72) hours from receipt thereof; an advice for the respondent to indicate in his answer whether or not he elects a formal hearing of the charge(s); and a notice that he is entitled ti be assisted by a counsel of his choice.
The disciplining authority or SHO shall not entertain request for clarification, bills of particulars or motions to dismiss which are obviously designed to delay the administrative proceedings. If any of these pleadings are interposed by the respondent, the same shall be considered as an answer and shall be evaluated as such.

Section 22. Answer. The answer, which is in writing and under oath, shall be specific and shal contain material facts and applicable lawsm, if any, including documentary evidence, sworn statements covering testimonies of witnesses, if any, in support of his case. It shall also include a statement indicating whether or not he elects a formal hearing.

Section 23. Failure to File an Answer. If the respondent fails or refuses to file his answer to the formal charge within (5) days from receipt therof, hw shall be considered to have waived his right thereto and formal investigation may commence. Section 24. Preventive Suspension. Upon motion of the complainant or motu proprio, the Regional Fire Marshal of Fire Chief, upon recommendation of the investigator-on-case, may issue and order of preventive suspension upon service of the Formal Charge or immediately thereafter to any subordinate officer or employee under his authority pending an investigation,

if the charge involves:

a. b. c. d. e. Dishonesty; Oppression; Grave misconduct; Neglect in the performance of duty; or If there are reasons to believe that the respondent is guilty of charge which would warrant his removal from the service.

An order of preventive suspension may be issued to temporarily remove the respondent from the scene if his misfeasance or malfeasance and to preclude the possibility if exerting undue influence or pressure on the witnesses against him or tampering of documentary evidence on file with his office. In lieu of preventive suspension, for the same purpose, the proper disciplining authority or head of office may reassign respondent to other unit of the agency during the formal hearings.

Section 25. Duration of Preventive Suspension. When the administrative case against an officer or employee under preventive suspension is not finally decided by the disciplining authority within the period if ninety (90) days after the date of his preventive suspension, unless otherwise provided by special law, he shall be automatically reinstated in the service; provided that, when the delay in the disposition if the case is due to the fault, negligence ir petition of the respondent, the period of delay should not be included in the counting of the 90 calendar days period of preventive suspension; provided further that, should the respondent be on maternity/paternity leave, said preventive suspension shall be deferred or interrupted until such time that said leave has been fully enjoyed.

Section 26. Remedies from the Order of Preventive Suspension. The respondent may file a motion for reconsideration with the disciplining authority or may elevate the same to the higher disciplining authority by way of an appeal within fifteen (15) days from receipt thereof. Section 27. Conduct of Formal Hearing. Although the respondent does not request a formal investigation, one shall nevertheless be conducted by the disciplining authority or SHO where from the allegations of the complaint and the answer of the

respondent, including the supporting documents of both parties, the merits of the case cannot be decided judiciously without conducting such hearing.
The investigation shall be held not earlier that five (5) days nor later than ten (10) days from receipt of the respondents answer. Said investigation shall be finished within thirty (30) days from the issuance of the formal charge or the receipt of the answer unless the period is extended by the disciplining authority or SHO meritorious cases.

Section 28. Pre-Hearing Conferences. All the commencement of the formal hearing, the disciplining authority or SHO may conduct a pre-hearing conference for the parties to appear, consider and agree on any of the following:
a. Stipulation of facts; b. Simplification of issues; c. Identification and marking of evidence of the parties; d. Waiver of objections to admissibility of evidence; e. Limiting the number of witnesses and their names;

f. Dates of subsequent hearings; and g. Such other matters that may aid in the prompt and just resolution of the case.
The parties may submit position paper/memoranda and submit the case for resolution based on the result of the pre-hearing conference without any need for further hearings.

Section 29. Continuous Hearing Until Terminated; Postponement. Hearings shall be conducted on the hearing dates set by the disciplining authority or SHO, or as agreed upon during the prehearing conference.
Where no pre-hearing conference is conducted, the parties, their counsel and witnesses, if any, shall be given a notice of at least five (5) days before the first scheduled hearing specifiying the time, date and place of the said hearing and subsequent hearings.

Thereafter, the schedule of hearings previously set shall be strictly followed without further notice. A party shall be granted only three (3) postponements upon oral or written requests. A fourth postponement may be granted only upon written request, subject to the discretion of the disciplining authority or SHO. If the respondent fails or refuses to appear during the scheduled hearings despite due notice, the hearing shall proceed ex parte and the respondent is deemed to have waived his right to be present and to submit evidence his favor during those hearings.

Section 30. Preliminary Matters. At the start of the hearing, the disciplining authority or SHO shall note the appearances of the parties and shall proceed with the reception of evidence for the complainant.
If the respondent appears without the aid of a counsel, he shall be deemed to have waived his right thereto. Before taking the testimony of a witness, the disciplining authority or SHO shall place him under oath and then take his name, address, civil status, age, and place of employment.

A sworn statement of a witness properly identified and affirmed shall constitute his direct testimony, copy furnished the other party. Clarificatory questions may also be asked.
Section 31. Appearance of Counsel. Any counsel appearing for either the respondent or complainant before any hearing or investigation shall manifest orally or in writing, stating his full name, IBP receipt and exact address where he can be served notices and other pleadings. Any pleading or appearance of a counsel without complying with the above stated requirements shall not be recognized.

Section 32. Order of Hearing. Unless the disciplining authority or SHO directs otherwise, the order of hearing shall be as follows:
a. The prosecution shall be present its evidence subject to the pre-hearing agreement; b. Cross-examination by the party; c. There may be redirect and re-cross-examination; d. The respondent shall then offer evidence to his defense following the manner of prosecution; e. Rebuttal and sur-rebuttal, if any.

When the presentation of evidence has been concluded, the parties shall formally offer their respective evidence either orally or in writing and thereafter objections thereto may be made either orally or in writing. After which, both parties may be given time to submit their respective memorandum/comment which in no case shall be beyond five (5) days after the termination of the investigation. Failure to submit the same within the given period shall be considered a waiver thereof.

Section 33. Objections. All objections raised during the hearing shall be resolved by the disciplining authority or SHO. However, objections that cannot be ruled upon by the hearing officer shall be noted with the information that the same shall be included in the memorandum/comment of the concerned party to be ruled upon by the proper disciplining authority.
The disciplining authority or SHO shall accept all evidence deemed material and relevant to the case. In case of doubt, he shall allow the admission of evidence subject to the objection interposed against its admission.

Section 34. Markings. All documentary evidence or exhibits shall be properly marked by letters (A,B,C, etc.) if presented by the complainant and by numbers (1,2,3, etc.) if presented by the respondent. These shall form part of the complete records of the case.
Section 35. Request for Subpoena. if a party desires the attendance of a witness or the production of documents, he shall make a request for the issuance of the necessary subpoena ad testificandum and/or subpoena duces tecum at least three (3) days before the scheduled hearing.

Section 36. Issuance of Subpoena. The disciplining authority or SHO may issue subpoena ad testificandum to compel the attendance of witnesses and subpoena duces tecum for the production of documents or things.
Section 37. Records of Proceedings. Records of the proceedings during the formal investigation may be taken in shorthand or stenotype or any other means of recording.

Section 38. Filling of Motions, Petitions, Appeals and Other Pleadings. Any motion, petition, appeal and other pleadings sent by mail shall be deemed filed on the date shown by the postmark on the envelope which shall be attached to the records of the case and in case of personal delivery, the date stamped thereon by the disciplining office.
Section 39. Effect of the Pendency of an Administrative Case. Pendency of an administrative case shall not disqualify respondent for promotion from claiming maternity/paternity benefits.

For this purpose, a pending administrative case shall be construed as follows:

a. When the disciplining authority has issued a formal change; or b. In case of a complaint filed by a private person, a prima facie case is found to exist by the disciplining authority.

Section 40. Formal Hearing Report. Within fifteen (15) days after the conclusion of the format hearing, a report containing a narration of the materials facts established during the hearing or investigation, the findings and the evidence supporting said findings, as well as the recommendations, shall be submitted by the SHO the disciplining authority. The complete records of the case shall be attached to the Report of Hearing or Investigation.

The complete records shall be systematically and chronologically arranged, paged and securely bound to prevent loss. A table of contents shall be prepared. Whoever is in charge of the transmittal of the complete records shall be held responsible for any loss or suppression of pages thereof. Section 41. When Case is Decided. The disciplining authority shall render his decision on the case within (30) days from receipt of the Report of Hearing.

Section 42. Finality of Decisions. A decision rendered by the Fire Chief shall be final and executory. However, if the penalty imposed is dismissal, the same shall be final and executory after the lapse of the reglementary period for filling a motion for reconsideration or an appeal and no such pleading has been filed.

RULE V MOTION FOR RECONSIDERATION

Section 43. Filing of Motion for Reconsideration. The party adversely affected by the decision may be file a motion for reconsideration with the disciplining authority who rendered the same within fifteen (15) days from receipt thereof. Section 44. When Deemed Filed. a motion for reconsideration sent by mail shall be deemed filed on the date shown by the postmark on the envelope which shall be attached to the records of the case and,

In case of personal delivery, the date stamped thereon by the proper office.
Section 45. Grounds for Motion for Reconsideration. The motion for reconsideration shall be based on any of the following a. New evidence has been discovered that materially affects the decision rendered; b. The decision is not supported by the evidence on record; or

c. Errors of law or irregularities have been committed prejudicial to the interest of the movant.
Section 46. Limitation. Only one motion for reconsideration shall be entertained. Section 47. Effect of Filling. The filling of a motion for reconsideration within the reglementary period of fifteen (15) days shall stay the execution of the decision sought to be reconsidered.

RULE VI APPEALS
Section 48. Decision of City or Municipal Fire Marshal; Where to Appeal. An appeal from a decision or final order of a Municipal/City Fire Marshal may be taken to the Provincial/District Fire Marshal exercising jurisdiction over the area to which the former pertains. Section 49. Decision of Provincial/District Fire Marshal; Where to Appeal. - An appeal from a decision or final order of a Provincial/District Fire Marshal may be taken to the Regional Fire Marshal exercising

jurisdiction over the area to which the former pertains

Section 50. Decision of Regional Fire Marshal; Where to Appeal. An appeal from a decision of a Regional Fire Marshal may be taken to the Fire Chief, thru SHO, BFP National Headquarters.

However, the appeal from decision of the Regional Fire Marshal in exercise of appellate jurisdiction shall not stay the decision or final order sought to be reviewed unless the Fire Chief directs otherwise upon such terms as he may deem just.

Section 51. Decision of the Fire Chief; Where to Appeal. An appeal from a decision of the Fire Chief may be taken to the Secretary of the Department of the Interior and Local Government. Pending appeal, the same shall be executory except where the penalty is removal, in which case the same shall be executory only after confirmation by the Secretary.
Section 52. Appeal to Disciplining Authority; When not to be Entertained. The appellate disciplining authority shall not entertain an appeal taken from:

a. An order denying a motion for new trail or reconsideration; b. An interlocutory order; c. An order disallowing or dismissing appeal; d. An order of execution of judgment; or e. An order dismissing an action without prejudice.
Section 53. When to Appeal. An appeal may be taken within fifteen (15) days after notice to the appellant of the decision or final order appealed.

Section 54. How to Appeal. The appeal taken by filling a notice of appeal including the notice of memorandum/comment shall be filed with the appellate authority, copy furnished the disciplining office. The latter shall submit the records of the case in three (3) clear and authenticated copies, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss with its comment, within fifteen (15) days to appellate authority.

Section 55. When Deemed Filed. An appeal sent by mail shall be deemed filed on the date shown by the postmark on the envelope which shall be attached to the records of the case and, in case if personal delivery, the date stamped thereon by the proper office. Section 56. Perfection of an Appeal. To perfect an appeal, the appellant shall within fifteen (15) days from receipt of the decision submit the following:

a. Notice of appeal, which shall specifically state the date of the decision appealed from and the date of receipt thereof; b. Three (3) copies of appeal memorandum/comment containing the grounds for the appeal, together with the certified true copy of the decision, resolution or order appealed, and certified copies of the documents or evidence; c. Proof of service of a copy of the appeal memorandum/comment to disciplining office a quo; and d. A statement or certification of non-forum shopping.

Failure to comply with any of the above requirements within the reglementary period shall be construed as failure to perfect an appeal and shall cause its dismissal.
Section 57. When Deemed Filed. An appeal sent by mail shall be deemed filed on the date shown by the postmark on the envelope which shall be attached to the records of the case and, in case of personal delivery, the date stamped thereon by the proper office.

Section 58. Appeal Fee. The appellant shall pay an appeal fee of Three Hundred Pesos (P300.00) and a copy of the receipt thereof shall be attached to the appeal.
Section 59. When Case is Remanded for Violation of Respondents Right to Due Process. If the case on appeal with the Fire Chief or SILG is remanded to the proper disciplining authority for further investigation, the said disciplining authority shall finish the hearing within three (3) calendar months from the date of receipt of the records from the Commission, unless the hearing is delayed due to

the fault, negligence or petition of the respondent, or an extension is granted by the Fire Chief or SILG in meritorious cases. The period of delay shall not be included in the computation of the prescribed period.
Section 60. Petition for Review. A complainant may elevate the decision of the lower disciplining authority dismissing a complaint for lack of a prima facie case before the Fire Chief or SILG through a petition for review within fifteen (15) days from the receipt of said decision.

Section 61. Recommendation for an Executive Clemency. In meritorious cases and upon recommendation of the Fire Chief or SILG, the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to such terms and conditions as he may impose in the interest of the service.
For this purpose, a petition for favorable recommendation for the grant of executive clemency may be filed by a dismissed or disciplined employee,

With the Fire Chief or SILG upon submission of the following:

a. Certified true copy of the decision in the disciplinary case with a favorable recommendation by the disciplining authority; b. Certification from the reputable members of the community where he resides to the effect that he has become a useful member thereof; c. Proof of non-pendency of an appeal/petition for review relative to his disciplinary case before any court/tribunal; and

d. Proof of payment of Three Hundred (P300.00) Pesos.

RULE VII CLASSIFICATION OF OFFENSES AND PENALTIES

Section 62. Classification of Offenses. Administrative offenses with corresponding penalties are classified into grave or light, depending on their gravity and effects on the government service. A. The following are grave offenses with their corresponding penalties:

1. DISHONESTY - The penalty of dismissal shall be imposed upon any member of the bureau of Fire Protection who shall commit any of the following:

a. Enter in his Information Sheet or CSC 212 Form or Personal Data Sheet or submitted 201 Files material facts that are not true, or conceal or distort facts. b. Make a false investigation report or entry in the fire blotter or in any Bureau record.

c. Give deliberate false testimony against or in favor of a person facing criminal, administrative or disciplinary charge. d. Destroy, conceal or tamper physical evidence to be presented in court by exchanging, altering, damaging or deleting as to effect its original appearance, composition and content. e. Personally use for his or another any stolen property which is recovered, found or abandoned. f. Use properties stolen, found or abandoned on account of any fire occurrence.

g. Solicit money or any valuable consideration on amicable settlement of cases under investigation. h. Commit thievery during rescue, salvage, and fire fighting operation. i. Conceal or distort truth relevant to ones office or connected to the performance of duties. j. Conceal documents or object to obstruct justice. k. Such other circumstances analogous to the foregoing.

2. GROSS NEGLECT OF DUTY - The penalty of dismissal shall be imposed upon any member of the Bureau of Fire Protection who shall commit any of the following Gross Neglect of Duty:

a. Deliberately fail or refuse to take command in an emergency in order to carry out a firemans duty, being the officer present with the highest rank, grade or position.

b. Deliberately fail or refuse to perform his assigned task or fail to participate in an operation during conflagration. c. Deliberately fail to administer first aid then able and/or convey to the nearest hospitals, victims of fire incident and others who are dying and need urgent medical or surgical attention. d. Deliberate fail to respond to a fire alarm at the earliest possible time. e. Deliberate quell a disturbance or to protect a person from death or injury when able to do so.

f. Deliberate fail to apprehend/arrest arsonist where it is her/his duty to do so. g. Deliberately fail to implement or follow any important or urgent lawfull order without justifiable cause. h. Perform any other act analogous to the foregoing.

3. GRAVE MISCONDUCT - The penalty of dismissal shall be imposed upon any member of the Bureau of Fire protection who shall commit any of the following grave misconduct:

a. Maltreat his subordinate or immediate member of his office; b. Manufacture or sell of dangerous drugs;

c. Join strike or refuse to report for duty in order to secure changes in terms and conditions of his employment, or to oust the Fire Chief or any other officer from office. d. Publicity consort with women of all ill repute and/or scandalously cohabit with or maintain a wife/husband other than his/her legitimate spouse. e. Commit any other act analogous to the foregoing.

4. BEING NOTORIOUSLY UNDESIRABLE - The penalty of dismissal shll be imposed upon any member of the Bureau of Fire Protection who is Being Notoriously Undesirable mainly on the general reputation for being difficult to work with, due to his/her quarrelsome attitude and/or repeated infractions of office rules.

5. CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE

- The penalty of dismissal shall be imposed upon any BFP member who is convicted of a crime involving moral turpitude by a final judgement of a regular court.

6. FALSIFICATION OF OFFICIAL DOCUMENT

- The penalty of dismissal shall be imposed upon any member of Bureau of Fire Protection who, taking advantage of his position, shall commit any of the following falsification of official document: a. Counterfeiting or signature, rubric; imitating any handwriting,

b. Causing it to that person have a participated in act or proceeding when they did not in fact so participate; c. Attributing to person who have participated in an act orproceeding statements other tahn those in fact made by the; d. Making untruthful statements in a narration of facts; e. Altering true dates; f. Making any alteration or intercalation in a genuine document which changes its meaning;

g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, taht of the genuine original; or h. Intercalating any instrument or note relative to the issuance thereof in protocol, registry, or official book.

7. PHYSICAL OR MENTAL INCAPACITY OR DISABILITY DUE TO IMMORAL OR VICIOUS HABITS - The penalty of dismissal shall be imposed upon any BFP member who is physically and mentally incapable and unable to perform his duty an responsibility due to his/her immoral and vicious habits.

8. ENGAGING DIRECTLY OR INDIRECTLY IN PARTISAN POLITICAL ATIVITIES

- The penalty of dismissal shall be imposed upon any BFP member who shall, without authority, engage directly or indirectly in partisan political activities .

9. RECEIVING FEE, GIFT OR OTHER VALUABLE CONSIDERATION

- The penalty of dismissal shall be imposed upon any BFP member, shall receive for personal use of a fee, gift or other valuable things in tha course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in tha hope or expectations of receiving a favor or better treatment than the that accorded to other persons, or committing acts punishable under the anti-graft laws.

10. CONTRACTING LOAN AND OTHER PROPERTY The penalty of dismissal shall be imposed upon any BFP member who shall contract a loan of money or other property from persons with whom the office of the BFP member has business relations.

11. SOLICITING OR ACCEPTING ANY GIFT, etc. - The penalty of dismissal shall be imposed upon any BFP member who shall solicit or accept directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary which in the course of his official duties, or in connection with any operation being regulated or any transaction which may be affected by the functions of his office. The propiety or impropiety of the foregoing shall be be determined by its value, kinship, or relationship between giver and receiver, and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature.

12. NEPOTISM - Except as otherwise provided by the law, the penalty of dismissal shall be imposed upon any appointing authority in the BFP who shall appoint in favor of his relative within the third civil degree, either by consanguinity or of affinity of the appointing or recommending authority in the BFP.

13. DISLOYALTY TO THE REPUBLIC OF THE PHILIPPINES AND TO THE FILIPINO PEOPLE
- The penalty of dismissal shall be imposed upon any BFP member who shall breach or renounce his allegiance to the Republic of the Philippines and to the Filipino people.

14. OPPRESSION - The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense and dismissal for the second offense shall be imposed upon any BFP member who shall act with cruelty, severity, unlawfull exaction, domination or excessive use of authority upon his subordanate or to the general public.

15. DISGRACEFULL AND IMMORAL CONDUCT The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall be imposed upon any BFP member who shall conduct himself which willfull, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and repectable members of the community.

16. INFFICIENCY AND INCOMPETENCE IN THE PERFORMANCE OF OFFICIAL DUTIES

- The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall be imposed upon any BFP memeber who is inefficient or incompetent in the performance of his official duties.

17. FREQUENT UNAUTHORIZED ABSENCES OR TARDINESS

The of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall be imposed upon any BFP member who shall incur frequent unauthorized absences, tardiness in reporting for duty, or loafing during regular office hours.

18. REFUSAL TO PERFORM OFFICIAL DUTY - The penalty of suspension of six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall be imposed upon any BFP member who shall refuse to perform official duty.

19. GROSS INSUBORDATINATION - The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall imposed upon any BFP member who shall refuse to obey important order which a superior officer is entitled to give and have obeyed.

20. CONDUCT PREJUDUCIAL TO THE BEST INTEREST OF THE SERVICE

- The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offens, and dismissal for the second offense shall be imposed upon any BFP member who shall commit any of the following:

a. Fail to acquire mission order from competent authority before conducting fire safety inspection; b. Not in proper uniform during the conduct of fire safety inspection; c. Fail to answer immediately hot-line telephone or unauthorized using of hot-line telephon; d. Reveal a secret or confidential office matter and information and/or records, which would jeopardize missions or cause damage to individuals and/or the bureau.

e. Delibarate, or though negligence, destroy, damage or lose government property entrusted to him for official use. f. Engaging directly or indirectly in the safe, manufacture and/or recharging of fire extinguishers. g. Leading unlawfull protest against superior/s for personal popularity and gain. h. Provoking and challenging another to a fistfight or duel.

i.

Sell, pawn, rent or loan any government property or any other fire fighting equipment or spare parts to another person or establishment. j. Countermand the lawful order of a superior officer. k. Prevent a person under investigation to have the right to counsel. l. Commit any other act analogous to the foregoing.

21. DIRECTLY OR INDIRECTLY HAVING FINANCIAL AND MANAGERIAL INTEREST

- The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall be imposed upon any BFP member who shall directly or indirectly having financial and material interest in any transaction requiring the approval of his office. The financial and material interst is defined as precuniary or proprietary interest by which person will gain or lose something.

22. OWNING, CONTROLLING, etc. - The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall be imposed upon any BFP member who shall consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regualated, supervised or licensed by his office, unless authorized or expressly allowed by law.

23. DISCLOSING OR MISUSING CONFEDENTIAL OR CLASSIFIED INFORMATION

- The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense shall be imposed upon any BFP member who shall disclose or misuse confidential or classified information officially known to him by reason of his office and not made available to the public to further his private interets, give undue advantage to anyone, or prejudice the public interest.

24. OBTAINING OR USING ANY STATEMENT FILED

- The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for second offense shall be imposed upon any BFP member who shall obtain or use any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to moral or public policy, or any commercial purpose other than by news and communications media for dissemination to the general public.

25. RECOMMENDING ANY PERSON TO ANY POSITION IN PRIVATE ENTERPRISE

- The penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismssal for second offense shall be imposed upon any BFP member who shall recommend any person to any position in a private enterprise which has or pending official transaction with his office, unless such recommendation or referral is mandated by (1) law; (2) international agreements, commitment and obligation, or (3) as part of the function of his office. B. The following are less grave offenses with the corresponding penalties:

1. SIMPLE NEGLECT OF DUTY - The penalty of suspension for one (1) month and one (1) day to six (6) months for the first time or dismissal for the second time shall be imposed upon any member of the Bureau of Fire Protection who shall commit any of the following simple neglect duty:

a. Fail to excute orders from higher authority or tolerate any subordanate to ignore or ridicule any order, rule and regulation. b. Fail to make immediate correction or take appropriate action when a dereliction, irregularity or violation of law on duty is being committed in his presence by a subordinate undder his command or fail to report the same to his immediate officer within twenty four (24) hours.

c. Fail to prepare disciplinary or administrative complaint or take such other disciplinary action as may be appropriate against a subordanate under his office/command who has committed serious dereliction or irregularity. d. Fail to comply with any lawful order or instrution of his/her superior/immediate officer. e. Fail without justifitable reason to testify, when called to appear before any office office of the Internal Affairs Service or Disciplinary Authority or SHO, when duly notified or summoned.

f. Fail to communicate to the Fire Chief, or his superior/immediate officer, through channels any valuable information that will lead to the early solution of a case. g. Fail to issue Fire Safety Inspection Certificates and other pertinent documents upon laawful order of competent authority within twenty-four (24) hours without justifiable cause. h. Fail to report as a Fire Officer any incident, condition or fire occurence witnessed by or reported to him, which calls for immediate firemans action.

i.

Be unavailable at his given address for an unreasonable length of timeduring general emergency call. j. Sleeping on post, if required to be alert while on duty. k. Fail to perform any other act analogous to foregoing.

2. SIMPLE MISCONDUCT - The penalty of suspension for one (1) day to six (6) months for the first time or dismissal for the second time shall be imposed upon any member of the Bureau of Fire Protection who shall commit any of the following simple misconduct:

a. Take advantage of his position by procuring goods and commodities at a losing price to an unwilling seller, or partaking of foods, drinks and cigarettes free of charge. b. Loiter in gambling joints, narcotics dens, prostitution houses, hotels, mahjong joints, cockpits, night clubs, cocktail lounge, bar, bookies corner and other questionable places while on duty. c. Engage in gambling or regulated/prohibited games of chance while off duty.

d. Be drunk and disorderly while on or off duty or drunk while off duty and uniform when the same has no connection with the performance of duty. e. Maliciously intrigue against the honor of the coofficer, indulge in idle gossip, or spread rumors that tend to discredit another member or the whole Bureau. f. Exhibit marked discourtesy in the course of official duties or use profane or insulting language to any superior or immediate officer.

g. Associate or consort with known gamblers, vagrants, smugglers, vice maintainers and crime syndicates. h. Serve as escort or security officer, whether on foot or on vehicle, for any private individual regardless of his status in social or religious circles on any occasion unless authorized by the Fire Chief or officials authorized to do so. i. Abuse his authority in atyrannical, cruel, and highhanded manner.

j. Using other name to gain personal favor or advantage. k. Using or taking dangerous drugs; l. Commit ant other acts analogous to the foregoing.

3. GROSS DISCOURTESY IN THE COURSE OF OFFICIAL DUTIES

- The penalty of suspension for one (1) month and one (1) year to six (6) months for the first time. Or dismissal for the second time shall be imposed upon any member of the Bureau of Fire Protection who shall manifest discourtesy or disrespect towards general public or to his fellow BFP member in the course of official duties, or whose act brings insult to the Civil Service Norms or the Code of Conduct and Ethical Standards for Public Official and Employees.

4. VIOLATION OF EXISTING CIVIL SERVICE LAW AND RULES OF SERIOUS NATURE

- The penalty of suspension for one (1) day and one (1) month to six (6) months for the first time, or dismissal for the second time shall be imposed upon any member of the Bureau of Fire Protection who shall violate existing Civil Service laws nd rules of serious nature.

5. INSUBORDINATION - The penalty of suspension for one (1) month and one (1) year to six (6) months for the first time, or dismissal for the second time shall be imposed upon any BFP member who shall defy some order or memorandum, not serious in nature, from superior officer.

6. Habitual Drunkenness - The penalty of suspension of one (1) month and one (1) day to six (6) months for the first time or dismissal for the second time shall be imposed upon any BFP members who shall frequently and repeatedly become intoxicated by excessive indulgence in intoxicating liquor so as to acquire a fixed habit and involuntary tendency to become intoxicated as often as the temptation is presented, even though he remains sober for days or even weeks at a time.

A person given to inebriety or the excessive use of intoxicating drinks, who has lost the power of the will, by frequent indulgence to control his appetite for it. The custom or habit of getting drunk, the constant indulgence in stimulates, whereby intoxication is produced; not the ordinary use but the habitual use of them; the habit should be actual and confirmed, but need not be continuous, or even of daily occurrence. That degree of intemperance from the use of intoxicating drinks which disqualifies the person a great potion of the time from properly attending to business, or which would reasonably inflict a course of a great mental anguish upon the innocent party.

7. Unfair Discrimination - The penalty of suspension for one (1) month and one (1) day to six (6) months for the first time or dismissal for the second time shall be imposed upon any BFP member who shall unfairly discriminate in rendering public service due to party affiliation or reference.

8. Failure to file Sworn Statement of Assets Liabilities and Net Worth , and Disclosure of Business Interest and Financial Connections - The penalty of suspension of one (1) month and (1) day to six (6) months for the first time or dismissal for the second time shall be imposed upon any BFP members who shall fail to file sworn statements of assets liabilities and net worth, and disclose business interest and financial connections including those of his spouse and unmarried children under eighteen (18) years of age living in his households.

- The penalty of suspension for one (1) month and one (1) day to six (6) months for the first time, or dismissal for the second time shall be imposed upon any member of the BFP who shall be fail to resign from his position in the private business enterprise within thirty (30) days from the assumption of public office when conflict of interest arises, and/ or failure to divest himself of his shareholdings or interest in private business enterprise within (60) days from assumption of public office when conflict or interest arises; provided, however, that for those who already in the service and conflict of interest, the official or

employee must either resign or divest himself of said interest within the periods herein above; provided further, the same shall be reckoned from the date when the conflict of interest had arisen.

9. Failure to Resign from Private Business - The penalty of suspension for one (1) month and one (1) day to six (6) months for the first time, or dismissal for the second time shall be imposed upon any member of the BFP who shall be fail to resign from his position in the private business enterprise within thirty (30) days from the assumption of public office when conflict of interest arises, and/ or failure to divest himself of his shareholdings or interest in private business enterprise within (60) days from assumption of public office when conflict or interest arises;

provided, however, that for those who already in the service and conflict of interest, the official or employee must either resign or divest himself of said interest within the periods herein above; provided further, the same shall be reckoned from the date when the conflict of interest had arisen.

C. The following are Light corresponding penalties.

Offenses

with

1. Discourtesy in the course of official duties 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal
2. Improper and unauthorized solicitation of contributions from subordinate employees. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal

3. Violation of reasonable office rules and regulations. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal
4. Frequent unauthorized tardiness (Habitual tardiness) 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal

5. Gambling Prohibited by law. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal 6. Refusal to render overtime service. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal

7. Disgraceful, immoral dishonest conduct prior entering the service.

1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal 8. Borrowing money by superior officers from subordinates. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal 9. Lending money at usurious rates of interest.

1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal 10. Willful failure to pay just debts or willful failure to pay taxes due to the government. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal

11. Lobbying for personal interest or gain in legislative halls and offices without authority.

1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal
12. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes, and even in the latter cases, if there is no prior authority. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal

13. Failure to act promptly on letters and request within fifteen ( 15) days from receipt, except as otherwise provided in the rules implementing the code of conduct and Ethical Standards for Public Officials and Employees. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal 14. Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in the rules implementing the Code of Conduct and Ethical standards for Public Officials and Employees.

1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal
15. Failure to attend to anyone who wants to avail himself of the office, or act promptly and expeditiously on public transactions. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal 16. Engaging in private practice of his profession authorized by the constitution, law or regulation, provided that practice will not conflict with his official functions.

1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal
17. Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations. 1st offense Reprimand 2nd Suspension 1-30 days 3rd offense Dismissal

Section 63. Mitigating Circumstances. - the following are Mitigating Circumstances:

a. b. c. d. Physical illness Good Faith Length of service in the government Other circumstances analogous to abovementioned

those

Section 64. Aggravating Circumstances. the following are aggravating circumstances.

a. b. c. d.
e. f.

g. h.

Taking advantage of official position Taking undue advantage of subordinate Undue disclosure off confidential information Use of government property in the commission of the offense Habituality. Offense committed during office hours and within the premises of the working office or building Employment fraudulent means to commit or conceal offense Other circumstances analogous to those abovementioned.

Nevertheless, in the appreciation thereof, the same must be invoked or pleaded by the proper party; otherwise, said circumstances shall not be considered in the imposition of the proper penalty.
Section 65. Manner of Imposition. - When applicable the imposition of penalty may be in accordance with the manner provided below: a. The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances are present.

b. The medium of the penalty shall be imposed where no mitigating and aggravating circumstances are present. c. The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstances are present. d. Where aggravating and mitigating circumstances are present, paragraph [a] shall be applied where there are more mitigating circumstances present; paragraph [b] shall be applied when the circumstances equally offset each other; and paragraph [c] shall be applied when there are more aggravating circumstances.

Section 66. Penalty for the Most Serious Offense. - If the respondent found guilty of two or more charges or counts, the penalty to be imposed shall be that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances. Section 67. Duration and effects of administrative penalties. The following rules shall govern in the imposition of administrative penalties:

a. The penalty of dismissal shall result in the permanent separation of the respondent from the service, with or without prejudice to criminal or civil liability. b. The penalty of transfer shall carry with it the sanction that failure on the part of the respondent to seek transfer to another office within period of not less than ninety (90) days, he shall be considered resigned. The penalty of transfer may be imposed with condition that the respondent shall be barred from holding a position involving property and money responsibility.

c. The penalty of demotion shall include reduction in rank or salary, or both. d. The penalty of suspension shall result in the temporary cessation of work for a period not exceeding one (1) year. Suspension of one day or more shall be considered a gap in the continuity of service. During the period of suspension, respondent shall not be entitled to all money benefits including leave credits.

e. The penalty of fine shall be in an amount not exceeding six (6) months salary of respondent. The computation thereof shall be based on the salary rate of the respondent when the decision becomes final and executory. f. The penalty of reprimand or censure shall not carry with it any accessory penalty nor result in the temporary cessation of work.

Section 68. Administrative Disabilities/ Accessories to Administrative Penalties. a. b. c. d. e. Cancellation of eligibility. Forfeiture of retirement benefits. Disqualification of reinstatement or reemployment. Disqualification for promotion. Bar from taking any civil service examination.

Section 69. Administrative Disabilities Inherent in certain Penalties. a. The penalty of dismissal shall carry with it cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service, unless otherwise provided in the decision. b. The penalty of transfer shall carry with it disqualification for promotion for a period of six (6) months from the date the respondent report to the new position or station.

c. The penalty of demotion shall carry with it disqualification for promotion at the rate of two (2) months for every step or one month for every range of salary by which he was demoted to be computed from the date respondent reports to the new position or station. d. The penalty of suspension shall carry with it disqualification for promotion corresponding to the period of suspension.

e. The penalty of fine shall carry with it disqualification for promotion for a period twice the number of days he was finished. f. The penalty of fine shall be paid to the agency imposing the same, computed on the basis of respondents salary at the time the decision becomes final and executory.

g. The following are the guidelines for the payment of fine. 1. Fine shall be paid within the period of not exceeding one year reckoned from the date the decision/resolution becomes final and executory. 2. The fine may be paid in equal monthly installments subject to the following schedule of payment:
a. Fine equivalent to (1) month salary be paid within (2) months.

b. Fine equivalent to two (2) months salary shall be paid within two (4) months; c. Fine equivalent to three (3) months salary shall be paid within six(6) months; d. Fine equivalent to four (4) months salary shall be within eight (8) months. e. Fine equivalent to five (5) months salary shall be paid within ten (10) months; f. Fine equivalent to six (6) months salary shall be paid within twelve (12) months;

3. Should the respondent fail to pay in full the fine within the prescribed period, he shall be deemed to have failed to serve the penalty imposed, hence, the disqualification for promotion shall remain in effect until such time that the fine is fully paid. h. The penalty of reprimand shall not carry with it any of the accessory penalties. i. A warning or admonition shall not be considered a penalty.

Section 70. Effect of Exoneration on Certain Penalties.

a. In case the penalty imposed is a fine, the same shall be refunded. b. In case the penalty imposed is demotion, the exonerated employee shall be restored to his former position without loss of seniority rights with payment of salary differentials. c. In case the penalty imposed is transfer, he shall immediately be restored to his former post unless he decides otherwise. In case there is demotion in rank, salary or status, he shall be restored to his

former rank, salary or status. d. In case the penalty imposed is suspension, he shall immediately be reinstated to his former post without loss of seniority rights and with payment of back salaries. e. In case the penalty imposed is dismissal, he shall immediately be reinstated without loss of seniority rights and with payment of back salaries.

Mandatory leave, benefits shall not be charged against the respondents leave credits. The respondent who is exonerated by final judgment shall be entitled to the leave credits for the period he had been out of service.

RULE VIII MISCELLANEOUS PROVISIONS

Section 71. Schedule of filing fees. - The following are the schedule of fees subject to revision from the time when the need arises;

a. Appeal b. Protest c. Petition for review

- P 300.00 - P 300.00 - P 300.00

d. Complaints/appeal on other personnel and non- disciplinary action e. Favorable Recommendation for Executive Clemency f. Correction of Personal Information in the Records of the Civil Service Commission

P 300.00

P 300.00

P 100.00

Section 72. Executive of Decision. The decisions of the disciplining authority shall be immediately executory after fifteen (15) days from receipt thereof, unless a motion for reconsideration is seasonably filed, in which case the execution of the decision shall be held in abeyance. Section 73. Implementation of Final Decisions. The Fire Chief or Regional Fire Marshal shall monitor the immediate implementation of these decisions.

Section 74. Effect of Pendency of Petition for Review/Certiorari with the Court. The filing and pendency of a petition for review with the Court shall not stop the execution of the final decision of the disciplining authority unless the Court issues a restraining order or an injunction.
Section 75. Non-execution of Decision. Any officer or employee, who willfully refuses or fails to implement the final resolution, decision, order or ruling of the disciplining authority to the prejudice of the public service and the affected party, may be administratively charged with conduct prejudicial to the best interest of the service or neglect of duty.

Section 76. Computation of Period. In computing any period of time prescribed by these Rules, the first day shall be excluded and the last day included unless a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next working day which is neither a Saturday, Sunday nor a legal Holiday.
Copies of decisions and other communications shall be served to counsel and receipt by either counsel or party shall be deemed to be a valid service. The period to perfect a motion for reconsideration or an appeal shall be reckoned from the date of receipt of counsel or party, whichever is later.

RULE IX REPEALING CLAUSE

Section 77. Rules and Regulation and other issuances or parts thereof inconsistent with the provisions of this Memorandum Circular are hereby repealed or modified accordingly. Section 78. The Rules of Court as amended and Civil Service Laws shall be applicable supletorily.

RULE X EFFECTIVE CLAUSE

Section 79. The Memorandum Circular shall take effect immediately upon approval. Done this 27th day of October 2006.

JOSE E. COLLADO, CES (E) CSUPT (DSC) BFP Officer-in-Charge

Approved: (SGD) ATTY. MARIUS P. CORPUS Undersecretary for Public, DILG.

OPERATIONAL STANDARDS ON COMPREHENSIVE FIRE AND ARSON INVESTIGATION AND FILING OF CRIMINAL COMPLAINT PROCEDURE GENERAL As mandated by the provisions of Section 50, Rule VII, Implementing Rules and Regulations of Republic Act 6975 otherwise known as the Department of the Interior and Local Government Act of 1990, stipulates among others that the Bureau of Fire Protection shall have the Power to investigate all causes of fire and necessary, file the proper complaint to the City or Provincial Prosecutor's Office which has jurisdiction over the case.

The tasks and responsibility of the fire arson investigators are not only limited in conducting exhaustive investigation and filing of complaints to the prosecutors office but also includes the appearance and giving of testimonies before the court of law during legal proceedings. The criminal offense of Arson is punishable under the Revised Penal Code particularly Articles 320 to 326-B as amended in Presidential Decree 1613, 1744 and Section 10 Republic Act 7659 (Heinous Crime Law). As provided by law, it is the prosecution who has burden of proof and the quantum of evidence is proof beyond reasonable doubt.

Once proven, the maximum highest penalty for its commission is life imprisonment under the present rule since the abolition of the death penalty law. Arson is a classic heinous crime that requires skillful, scientific and systematic investigation procedure thus, the respective chiefs of the investigation and intelligence offices of the BFP are joined closely supervise and conduct of the investigation in order to attain effective and plausible results.

This BFP Standard Operating Procedure Nr IID 2008 01 otherwise known as: OPERATIONAL STANDARDS ON COMPREHENSIVE FIRE AND ARSON INVESTIGATION AND FILING OF CRIMINAL COMPLAINT PROCEDURES. II. PURPOSE A. To have a clear and explicable guidelines in conducting fire and arson investigation and the filing of the necessary compliant documents before the office of the City/Provincial Prosecutor.

B. To have a uniform and systematic procedures in the conduct of fire and arson investigation from the BFP National. C. To ensure the quality and value of the investigation being conducted by all BFP fire and arson investigators and disposition of fire and arson cases. III. INTIAL ACTIONS DURING ALARMS During the occurrence of a fire incident, the following initial actions should be assumed by the fire arson investigator:

Section 1 Upon the notification of a fire call or fire incident, the duty Fire Arson Investigator (FAI) who has jurisdiction over the location of the fire incident shall mandatory to immediately respond at the soonest possible time. The conduct of initial inquiry through interview and elicitation from all available witnesses at the fire scene must be done instantaneously. Section 2 as soon as the area of origin or the focal point of the fire is ascertained, the FAI shall make necessary coordination with BFP firefighting personnel to include the volunteer fire brigades to exert diligent and careful efforts in the conduct of fire suppression operation in the identified AREA OF ORIGIN to preserve

the EVIDENTIAL VALUE and the focal point of the fire that might be destroyed due to excessive flooding in the areas. Section 3 the fire scene should be well protected and secured. Coordination with local police units or barangay personnel should be done in order to secure the fire scene from looters and other persons who has intention of entering the burned premises, so as to avoid contamination of the fire areas. Section 4 in the event that the FAI discovered SUSPECTED HAZARDOUS MATERIALS / suspected illegal or regulated chemicals, during the conduct of

investigation of the burned premises, the circumstances shall be immediately reported to proper office (e.g. BFP Hazardous Materials Office or other law enforcement agency). Section 5 Once the Fire Ground Commander (FGC) declared FIRE OUT, the FAI shall take cognizance the responsibilities of PROTECTING and SECURING the whole fire scene by sealing closing the perimeter with barricade tape (Fire Lanes). Posting of uniformed BFP personnel for security purposes may also be carry out as deemed necessary.

IV. DUTIES OF THE FIRE ARSON INVESTIGATION The following are the mandatory duties of the Fire Arson Investigators conducting thorough investigation on the fire scene: SECTION 1 Shall perform systematic scientific examinations and visual reconstruction of the fire scene. This is also to include the COMPLETE DOCUMENTATION AND PROPER RECORDING of the fire area by the use of photography diagrammatic sketch and notes. The diagrammatic sketch should clearly depict the FIRST SCENE, its AREA/ POINT OF ORIGIN, AREA MEASUREMENTS, LOCATION OF EVIDENCE and other important details.

SECTION 2 Conduct interview to all witnesses. The interview should be done in QUESTION AND ANSWER FORM and shall be done under oath preferably by a person of authority whenever available, or be administered by the concerned BFP officer with the rank of INSPECTOR and above. The authority of a BFP officer to administer oath is pursuant to the provisions of Chapter III, Section 50 of RA 6975. All witnesses to be conducted with a formal interview shall be FORMALLY INVITED to the fire station / investigation office concerned in a form of INVITATION LETTER.

Section 3 Conduct THOROUGH ANALYSIS of the fire scene in order to identify the IDNITION SOURCE, initial materials ignited and other factors which bring them together to produce a fire. Examination of FIRE SPREAD and FIRE PATTERN which includes thermal effects on materials such as charring, oxidation, consumption of combustibles, smoke and soot deposits, distortion, malting effect, color change changes of material structure and structural collapse, must be conducted.

Section 4 Identify, recognize and collect physical evidence found at the fire scene that have PROBATIVE Value on fire cause determination. Pieces of evidence to be collected shall be photographed first and shall be collected in the presence of witnesses independent to the investigating body. PROPER DOCUMENTATION, SEALING and PACKAGING of evidence recovered prior to submission to Arson Laboratory Section (ALS)- BFP National Headquarters for laboratory examination shall be observed. The FAI shall strictly follow the instructions pertaining to evidence collection and handling as stipulated in MEMORANDUM CIRCULAR NR. 2006- 01: GUIDELINES IN THE HANDLING, PRESERVATION.

TRANSPORT AND SUBMISSION OF PHYSICAL EVIDENCE AT THE ALS-BFP NATIONAL HEAD QUARTERS Section 5 on the first phase of the investigation, the FAI shall prepare the LISTING OF DOCUMENTS needed by the fire. The required documents are as follows:

A. Affidavit of loss pertaining to Fire damage (itemizes and duly notarized) B. Sworn statement of loss submitted to insurance adjusters/companies. C. Latest inventory of stocks prior to the fire incident.

D. Complete inventory of salvaged items after the fire incident. E. Complete copies of insurance policies to include coinsurances. F. Income Tax Return (ITR) for the last three (3) years. G. Financial statements for the last three (3) years. H. Balance states for the last three (3) years. I. Mayors permit and Business Licenses. J. Occupancy permit. K. Department of Trade and Industry (DTI) registration. L. Securities and Exchange Commission (SEC) registration.

M. Latest Fire Safety Inspection Certificate (FSIC). N. Complete list of employees. O. Approved Floor, Building and Electrical Plans. P. Copy of Lease contract Agreement. Q. Land title/tax declaration. Section 5.1 The above listed documents to be secured to the fire victim will vary based on the TYPE OF OCCUPANCY or the INVOLVED STRUCTURE gutted by fire. Any other documents that may be irrelevant based on type of occupancy may not be required. In addition, the FAI are also AUTHORIZED TO REQUIRE any other pertinent documents, materials and items to the fire

victims as determined by the FAI concerned, that will give support to the conduct of investigation. Section 6 -The FAI must inform all concerned person, occupants and management of the burned premises that the fire scene is RESTRICTED TO ENTRY to any person until the investigation being conducted by the BFP at the burned premises is COMPLETED and /or TERMINATED. Any REMOVAL, RETRIEVAL of items stored at the scene of the fire, DEMOLITION, RECONSTRUCTION, and REHABILITATION of the fire scene is only allowed upon securing approval to the investigating body through submission of a formal written request by the fire victim.

The said formal written request should contain specific purpose. It should be addressed to the respective CHIEFS OF THR BFP INVISTIGATION AND INTELLIGENCE OFFICES through the FIRE ARSON INVESTIGATOR handling the case. The concerned Chief of the Investigation and Intelligence Office, together with his proper recommendation, shall endorse the subject letter request of the fire victim to the concerned BFP HEAD OF OFFICE, who shall then issue the PROPERTY RECOVERY AND CLEARING PERMIT (PRCT) to the requesting party. In such cases that the fire incident is suspected to be INTENTIONAL in nature, issuance of PRCP or temporarily RESTRICTED, until

proven otherwise. If the fire incident is found to be intentional in nature and case is already filed in the court of law, it will be the discretion of the court handling the case whether to issue appropriate document in the clearing or demolition of the burned premises. Section 7 In such event that the death results from the fire incident (FATAL FIRES), the concerned FAI shall immediately sought the assistance of the PHILIPPINE NATIONAL POLICE SCENE OF THE CRIME OPERATION (PNP-SOCO) or any other legal/recognized group for lifting the autopsy of the cadaver/body found at the fire/crime scene.

Section 8 All conduct of follow-up investigation to the fire incident should be covered with appropriate letter/Mission Order signed by the respective BFP Head of office. Section 9 All FAI are also directed and mandated to perform any other task as deemed essential to the development of case build-up and the exhaustive investigation being conducted.

V. FIRE REPORT CLASSIFICATION AND REPORTING SYSTEM

A. Spot Investigation Report (SIR) shall be made an accomplished by the FAI concerned during the actual response to a fire incident. All SIR must be submitted IMMEDIATELY (within 24 hours) to respective Fire Marshalls with copy furnished the OFFICE OF THE CHIEF, BUREAU OF FIRE PROTECTION, thru fax message at the office of the INVESTIGATION AND INTELLIGENCE DIVISION VFP National Headquarters with telephone/fax numbers (02)911-7223, for immediate reason and recording purposes.

The copy (original copy / photo copy) of the SIR of all fire incident transpired within the respective Area of Responsibility (AOR) shall consolidate and be submitted thru proper CHANNEL. The respective OFFICE OF THE REGIONAL DIRECTOR FOR FIRE PROTECTION shall then submit the consolidate SIR to the office of the IID- BFP Headquarters in BI- MONTHLY basis (every 15th and 30th day of the month) thru mail counter for recording and proper disposition. B. Progress Investigation Report (PIR)- Shall be made and accomplished by the FAI concerned after the conduct of follow-up investigation was made. The PIR or any succeeding PIRs (2nd PIR) shall be

accomplished within 7 to 15 days. The copy (original/ photo copy) of the PIR of all incident transpired within the respective (AOR) shall be consolidate and be submitted thru proper CHANNEL. The respective OFFICE OF THE REGIONAL DIRECTOR FOR FIRE PROTECTION shall then submit the consolidate PIR to the office of the IID-BFP National Headquarters in BIMONTHLY basis (every 15th and 30th day of the month) thru mail courier, for recording and disposition. C. Final Investigation Report (FIR) Shall be made and accomplished by the FAI concerned upon the exhaustive Investigation. All concerned FAI and its respective Chief of the Investigation and Intelligence Office.

The FIR should be submitted to soonest time the cases was resolved by the investigation body to submit the FIR shall be 30 to 45 DAYS commencing from the first day of investigation. On the given period, the FAI shall already come up with a proper RESOLUTION or RECOMMENDATION about the case being investigated. For the lower investigating units, the FIR shall be accomplished in five (5) complete copies for distribution to: 1. Office of the Chief, BFP thru the office of the Investigation and Intelligence Division, BFP National Headquarters; 2. Office of the Regional Director for Fire Protection;

3. Office of the District / Provincial Fire Marshall; 4. Office of the City / Municipal Marshals. The last copy (ORIGINAL or DOCUMENT ORIGINAL ) shall remain in the possession of the FAI concerned for his own personal copy and for future verification. No UNDETERMINED cause should be reflected in any FIR. D. Fire Incident Investigation Report (FIIR) This kind of Investigation can only be made in such circumstances that the investigation report cannot be completed for some reasons independent to the will of the FAI. FIIR can only be accomplished in fire cases with UNDETERMINED cause and this kind of case should be considered as ON PENDING INVESTIGATION

subject to REOPENING in circumstances that relevant evidence and / or witness shall surface in the future. The copy ( original copy / photo copy ) of the FIIR of all fire incident transpired within the respective AOR should also be consolidated and be submitted thru proper CHANNEL to the higher headquarters in BIMONTHLY basis ( every 15th and 30th day of the Month ) thru mail courier, for recording and proper disposition.

VI. LEVEL OF AUTHORITY INVESTIGATION;

TO

CONDUCT

Since the fire incidents entails damages to property, the level of authority in conducting fire and arson completion of FIR will be based on the degree or the amount and value of the total (aggregated) Damages incurred in a certain fire incident. These levels of authority are as follows:

A. Municipal Fire Marshall Municipal Limit, LEVEL 1 The municipal level, through its MUNICIPAL INVESTIGATION AND INTELLIGENCE UNIT (MIIU) shall have the responsibility and power to investigate fire incidents with a total amount of damage not exceeding to Twenty Million Pesos (Php 20,000,000.00) B. City Fire Marshall City Limit. LEVEL 2 The city level, through its CITY INVESTIGATION AND INTELLIGENCE SECTION (CIIS) shall have full responsibility and power to investigate fire incidents with a total amount of damage not exceeding to Thirty Million Pesos (Php 30,000,000.00 )

D. District Fire Marshall District Limit, LEVEL 3 The district level through its DISTRICT INVESTIGATION AND INTELLIGENCE BRANCH (DIIB) shall have the responsibility and power to investigate fire incidents with a total damages amounting to above Thirty Million Pesos ( 30, 000, 000.00 ) but not exceeding Forty Million Pesos (40,000,000.00). DIIB operatives can assume the conduct os investigation on fier incidents with damages amounting to more than 20 Million Pesos in Municipal levels only within their respetive jurisditions. E. Provincial Fire Marshall Provincial Limit, LEVEL3 The Provincial level, through its PROVINCIAL INVESTIGATION AND INTELLIGENCE BRANCH (PIIB)

Shall have the responsibility and power to investigate fire incidents with total damages amounting to above Thirty Million Pesos ( php 30,000,000.00 ), but not exceeding to Forty Million Pesos ( 40,000,000.00 ). PIIB operatives can assume the conduct of investigation on fire bincidents with damages amounting to more than 20 Million Pesos in Municipal Levels only within their respective jurisdictions. E. Regional Director of Fire Protection Regional Limit, LEVEL 4 The Regional Director for fire Protection level, through its REGIONAL INVESTIGATION AND INTELLIGENCE BRANCH (RIIB)

shall have the full responsibility and power to investigate fire incidents with a total of damages amounting to above Forty Million Pesos (Php 40,000,000.00), but not exceeding to Sixty Million Pesos ( 60,000,000.00). F. Chief, Bureau of Fire Protection National, LEVEL 5 The Chief, Bureau of Fire Protection, through fire office the INVESTIGATION AND INTELLIGENCE DIVISION BFP National Headquarters (IID) shall have the responsibility and power ti investigate fire incidents with total of damages amounting to above Sixty Million Pesos (Php 60,000,000.00

SPECIAL PROVISONS ON CHAPTER VI OF THIS SOP Section 1 In determination of the total damages incurred in a certain fire incident, the copy of the AFFIDAVIT OF LOSS (duly notarized and itemized) from the fire victim shall prevail. The amount of damages to be determined with regards to the level of Authority to Conduct Investigation. In such circumstances that the damage to property is apparently high or evidently beyond the level of authority of the present investigating units, the case shall be turned-over higher investigating unit.

Section 2 In circumstanes that the propety gutted by fire is currently insured in any insurance company, all copy of the duty accomplished SWORN STATEMENT OF LOSS submitted to the INSURANCE ADJUSTERS by the fire victim must also FORM PART and be ATTACHED together with the AFFIDAVIT OF LOSS submitted by the victim to the BFP investigating body. Section 3 In connection with the Level of Authority to Conduct Investigation, the concerned office handling the investigation of the fire incident shall issue FIRE CLEARANCE CERTICATE ( FCC ) to the fire victim in lieu of the Final Investigation Report ( FIR ), for purpose of insurance claims and for other lawful application. FCC can only be issued to fire incidents which is ACCIDENTAL in nature.

In such case that any BUILDING PREMISES WITH MULTIPLE OCCUPANCIES were gutted by fire, the FCC should only be issued to the concerned party where FIRE ORIGINATED. Other occupants affected by the fire incident shall be issued with FIRE INCIDENT CERTIFATION ( FIC ) for their record purposes and other legal use upon request. Section 4 Issuance of the copy of the FIR to any concerned party can only be allowed in circumstances that RELEVANT LEGAL ISSUES and or QUESTIONABLE MATTERS may arise the request for FIR should be made in the writing by the requesting party and should be

addressed to respective Chiefs of BFP Offices / Fire Marshals who handled the conduct of investigation on the fire incident for their appropriate action. Section 5 All written request for a copy of the FIR should COPY FURNISHED the Chief, Bureau of Fire Protection with attention to the office of the IID BFP NationalHeadwquarters, for documentary reference.

VII. TURN OVER OF INVESTIGATION TO HIGHER HEADQUARTERS

Once a fire incident could be determined by the investigating body to be beyond their Level of Authority to Conduct Investogation. The conduct of investigation should be immediately turned-over to the proper office concerned in a form of ENDORSEMENT , together with the SIR and / or PIR, to include an pertinent documents / attachments. Any other recognized invstigating body of the government cannot intercede in the conduct of fire and arson investigation without a formal communication to the concerned office handling the investigation.

The intercession of any investigating body of the government should have LEGAL AUTHORITY in order to be allowed to conduct LATERAL INVESTIGATION in the investigation being conducted by the BFP. In case that a CONTROVERSY INVOLVED and / or CONCERNING TO CONFLICTING ISSUES arises in the conduct of investigation, subject fire incident case shall be turned over to the NEXT LEVEL OF INVESTIGATING BODY for appropriate action and disposition. However lower investigating units are fully encouraged to resolve fire cases that fall within their respective Level of authority. In case that a fire incident resulted to GREAT NUMBERS

OF FATALITY/ MULTIPLE DEATHS(death of 10 persons and above), or any other issues concerning to the death of the fire victims, the investigation of the subject fire incident upon the approval of the Chief BFP, should be turned over to the office of the IID-BFP National Headquarters for appropriate action. Any other Fire incidents shall be immediately turned over to the higher headquarters for investigation Report upon the written order and direction of the Chief, Bureau of Fire Protection.

VIII. FILING OF COMPLAINT PROCEDURE If a prima facie evidence City/Municipal Fire Marshal should IMMEDIATELY file the appropriate charge to the prosecutors office who has jurisdiction over the case and the same must also be reported to the IID, BFP National Headquarters for further appropriate disposition and guidance. Whenever death results in any fire incident identified to INTENTIONAL in nature, the MOTIVE for the commission of arson must immediately established in order to ascertain whether a crime of MURDER

qualifies. Murder cases committed thru burning of ones property may be referred to the Philippine National Police for proper disposition. However, the FAI should still pursue the filling of the arson case. The FAI can immediately effect arrest on any suspect of such person is/are POSITIVELY IDENTIFIED bi a complaint or witness to be the one who perpetrated the commission of the crime during the course of actual fire incident, and in accordance with the law.

The following rights of the arrested suspect shall be observed by the FAI during CUSTODIAL INVESTIGATION as embodied under the provisions of RA 7483. The suspect shall be apprised of his constitutional rights in accordance to Section 12, Article III, 1987 Constitution, to wit: a. Any person under investigation for the commission of an offense shall have the right to be informed of his/right to remain silent; b. To have competent and independent counsel preferably of his own choice; c. If the person cannot afford to the services of counsel, he must provide with one;

d. These rights cannot be waived except in writing and in the presence of counsel All suspects, once arrested / invited by the FAI and determined to have the probability to commit the crime must immediately be INQUEST to the City/Municipal prosecutor before the lapse of thirty six (36) hours or the legal regulated period. The following are the special/supplemental guidelines for FAI in conducting arson investigation and filing of complaint procedures:

 Arson is established by providing the corpus delicti, usually in the form of CIRCUMSTANCIAL EVIDENCE such as the criminal agency, meaning the substance used, like gasoline, kerosene, or other combustible materials which caused the fire. It can also be in the form of electrical wires, mechanical, chemical or electronic contrivance designed to start a fire, or ashes or traces of such objects which found in the ruins of the burned premises. If the crime of Arson was employed by the offender as a means to kill the offended party, the crime committed is a MUDER. The burning of property as the MEANS to kill

the victim is what is contemplated by the word fire under Article 248 of the Revised Penal Code which qualifies the crime to MURDER. When the burning of the property was done by the offender only to cause damage but the ARSON resulted to the DEATH of the person, the crime committed is still ARSON because the death of the victim is a mere CONSEQUENCE and the INTENTION of the offender. There is no special complex crime for ARSON WITH HOMICIDE. What matters in resolving cases involving arson is the CRIMINAL INTENT of the offender.

 When other, then the burning of ones property results from reckless imprudence and it leads to serious physical injuries and/or damage to property of another, the penalty to be imposed shall not be for the crime of arson under P.D 1613 but rather the penalty shall be based on Article 365 of the Revised Penalty Code as a felony committed Code as a felony committed by means of culpa imprudence and negligence. (e.g. Reckless Imprudence Resulted to Damage to Property/Reckless Imprudence Resulted to Serious Physical Injuries)

IX.

GENERAL RESPONSIBILITIES

Section 1 The respective Regional Directors for fire Protection/District and Provincial Fire Marshals/City and Municipal Fire Marshall shall supervise the proper implementation of this Standard Operating Procedure to ensure that their subordinates will comply and respond effectively to the requirements as stipulated in this Standard Operating Procedure. Section 2 City/Municipal Fire Marshal shall assistance from their respective District/Provincial/Regional Investigation and Intelligence Offices or at the office of

the Investigation and Intelligence Division BFP National Headquarters, if deemed needed. Section 3 As the highest fire and arson Investigating agency of the Bureau of Fire Protection, the office of Investigation and Intelligence Division-BFP National Headquarters shall have the authority to monitor, evaluate and conduct of arbitrary verification to the fire cases and investigation procedures conducted by the lower investigating units of BFP. The a aforementioned office may also be sought to provide technical knowledge, assistance, suggestions, and recommendations to lower investigating units of the BFP.

X. RECISION CLAUSE All publications, memoranda and SOPs in which by any form or part found to be inconsistent with this new Standard operating Procedures and hereby rescinded. XI. ADMINISTRATIVE SANCTION/PENALTY All BFP personnel found violating any provision of the Standard Operating Procedures shall be subjected to administrative action for neglect of duty/ any other related charges (criminal), and it found guilty, shall be immediately relieved from post.

Administrative sanctions shall be governed by the RA 6713, otherwise knows as The Code of Ethics and Profession Standards for Government Employees, other pertinent Civil Service Laws, Office Rules, Regulations and Policies, with prejudice of filling criminal charges if evidence so warrants. PROVISION OF LAW THAT COVER ARSON CASE? Law and Jurisprudence Law a rule of conduct or procedure recognized by a community as binding or enforceable by authority.

Jurisprudence A system of law or the body of laws applied in a particular country or state. The law on arson in the Philippines is covered by articles 320 to 326 of the Revised Penal Code, as amended by P.D No. 1613, P.D. 1744, and sec 50 rule VII IRR of R.A 6975 which provided that the Bureau of Fire Protection(BFP) shall have the power to investigate all cases of fire and, if necessary, file the proper complaint with the city/provincial prosecutor who has jurisdiction over arson case. Due to the alarming increase of suspected arson cases, a clamor was generated to update the law of arson here in our country.

Fire have continuously inflicted extensive damages to both life and property and detrimental to the developing economy. It should be thoroughly investigated to prosecute the perpetrator and finally bring to justice to face the criminal offense. The crime of arson is heinous, non-bailable and one of the act of terrorism as defined in the R.A No. 9372 is often referred to as the Anti-Terror Law or AntiTerrorism Law or properly known as the Human Security Act of 2007. It has a penalty of reclusion perpetua (20 to 40 years) to death depending on the gravity of offense PD 1613-Amending the law arson

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to reclusion perpetua shall be imposed of the property burned is any of the following PD 1613, Section 3. Other Cases of Arson.- The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed of the property burned is any of the following. PD 1613, Section 5, Where Death Results from Arson.If by reason of or on the occasion of the arson death results, the penalty of Reclusion Perpetua to Death shall be imposed. (no more death R.A No. 9346- an act prohibiting the imposition of death penalty in the Philippines.)

PD 1613, Section 7. Conspiracy to commit Arson.Conspiracy to commit arson shall be punished by Prison Mayor in its minimum period. R.A no. 3815 - the Revised penal Code Chapter 3, section 1 Article 27. Reclusion perpetua- The penalty of reclusion perpetua shall be from twenty years and one ay to forty years. Reclusion temporal- The penalty of reclusion temporal shall be form twelve years and .one day to twenty years.

Prison Mayor and temporary disqualification- The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the Principal penalty. Prision correcional, suspension, and destierro.- The duration of the penalties of prision correctional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor.- The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor.- The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace.- The bond to keep the peace shall be required to cover such period of time as the court may determine.(As amended by Section 21, Republic Act. No. 7659. R.A No. 9346- an act prohibiting the imposition of death penalty in the Philppines. Approved: June 24, 2006.