Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

KEG:
HOUSE BILLNo, 4092 _

Introduced by Honorable Erico B. Aumentado

EXPLANATORY NOTE

This bill seeks to provide a magna carta for the members of the
Philippine National Police (PNP).

Peace and order and security are great factors to national
development and stability. The government as the primary purveyor of
security has the duty to provide a peaceful environment for the people by
ensuring public safety through the delivery of effective and efficient police
service.

Cognizant of the critical role of the PNP as the lead agency in
maintaining peace and order, it is necessary to institute measures that will
promote and improve the welfare of its members.

This bill aims to strengthen and professionalize the PNP by
establishing the rights, duties and accountabilities of its members, thus
increasing its capability and competence to maintain peace and order and
ensure public safety and security.

In view of the foregoing, approval of this bill is urgently
recommended,

ot

<F
ERICG/B. AYMENTADO

Bill Drafting Service


Republic of the Philippines
Housr Or REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL No.4092

Introduced by Honorable Erico B. Aumentado

AN ACT
PROVIDING A MAGNA CARTA FOR MEMBERS OF THE
PILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as “Magna
Carta for Members of the Philippine National Police.”

SEC.2. Declaration of Policy. — It is hereby declared the policy
of the State to promote peace and order, provide a highly efficient and
effective police service and establish a professional and competent police
force by standardizing the Philippine National Police (PNP) recruitment and
selection process, manpower training, moral values formation, and

bestowing upon every PNP personnel the enjoyment of basic rights and

Bill Drafting Service


privileges in order to promote their social and economic well-being, upgrade
their skills, increase their capabilities and strengthen their dedication to
service.

Toward this end, the State shall:

a. Promote the social and economic well-being of all police
personnel to enable them to perform their job with honesty and dignity;

b. Ensure the development of skills and capabilities of all police
personnel in order for them to be more responsive and prepared to deliver
efficient and effective service to the people;

ce Establish a system of career promotion based on merit and
fitness and governed by uniform criteria regardless of entry into the police
service and observe gender equality to ensure that female members of the
service shall enjoy equal opportunity for advancement, promotion and
training as male members;

d. Assure the right of every police personnel to present complaints
or grievances to superior officers and adjudicate these as expeditiously as
possible in the best interests of the service, with proper regard to due process
and without fear of reprisal, thereby protecting the right to security of

tenure;

we


& Facilitate administrative and financial support, allowable within
the limits set by law, to every PNP personnel facing criminal or civil suit
arising from any act or omission related to the performance of official duty;

£ Guarantee the right of every PNP member to a just and humane
working condition; and

g Encourage service-oriented members of the community with
sufficient qualifications and skills to join the PNP and motivate those
already in the service to continue in the performance of their duty with
competence and dedication.

SEC. 3. Statutory Construction. — All doubts in the interpretation,
construction and implementation of the provisions of this Act shall be
construed liberally in favor of the PNP personnel, taking into consideration
the intent of the law and with the view of attaining its underlying policies,
principles and objectives.

SEC. 4. Administering Agency. — The Philippine National Police
personnel shall continue to be under the administrative control and
supervision of the National Police Commission (NAPOLCOM) as provided
under Republic Act No. 6975, as amended. The Director General of the
PNP shall, however, have the power to issue detailed implementing policies

and instructions regarding personnel, funds, properties, _ records,


correspondence and such other matters as may be necessary to effectively
carry out the powers, functions and duties of the PNP.
CHAPTER I

UNIFORMED PERSONEL OF THE
PHILIPPINE NATIONAL POLICE

SEC. 5. General Qualifications — Every uniformed personnel of the
PNP shall undergo corresponding police eligibility examination.

No person shall be appointed as officer or member of the PNP unless
the said person possesses the following qualifications:

a. A citizen of the Philippines;

b. A person of good moral character;

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

d. Must posses a formal baccalaureate degree from a recognized
learning institution.

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

NAPOLCOM;


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

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

h. Must obtain the appropriate PNP Security Clearance;

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

j. Must weigh not more or less than five kilograms (5 kgs.) from
the standard weight corresponding to his height, age and sex.

New applicants must not be less than twenty (21) nor more than thirty
(30) years of age. Except for the weight requirement, the above enumerated
qualifications shall be continuing in character and absence of any one of
them at any given time shall be a ground for separation or retirement from
the service. PNP members who are already in the service upon the
effectivity of this Act shall be given at least (2) more years to obtain the
minimum educational qualification and one (1) year to satisfy the weight

requirement.


SEC. 6. Pre-Qualifying Examination. — No applicant shall be
qualified to undergo basic police training unless the latter has passed the pre-
qualifying examination administered by the PNP Screening and Selection
Board. No new graduate of basic police courses shall be absorbed in
permanent status unless he has satisfactorily passed the six-month
probationary period. The PNP shall set the standards for the implementation
of this provision.

CHAPTER IL
RIGHTS, DUTIES AND RESPONSIBILITIES

SEC 7. Rights. — Every member of the PNP is guaranteed to enjoy:

a. The right to equal opportunity in promotion and assignment. Every
member of the PNP shall be governed by uniform requirements for career
advancement in the PNP. The right to promotion and other career
advancement shall be maintained even during the pendency of an
administrative, criminal or civil case, as the mere pendency thereof is not a
ground for disqualification and non-enjoyment of the rights and benefits
under the law and pertinent rules and regulations;

b. The right to be secured in the present position or designation in a
given place of assignment. No PNP personnel shall be relieved of duty

except for lawful cause and after notice and hearing;


c. The right not to be discriminated upon against assignment,
promotion, receipt of merit and commendations, enjoyment of study grants,
and health and educational benefits regardless of sex, race, religion, social
affiliation or institution graduated from;

d. The right to receive continuing in-service quality education and
training programs relevant to the thrust and focus of the police service which
shall mold a PNP personnel to become the true pillar and vanguard of the
society;

e. The right to present complaints and grievances to a superior officer
for the immediate redress thereof;

f. The right to be provided with free legal services when charged
criminally, civilly or administratively for acts or omissions committed
directly or indirectly in the lawful discharge of police duties. Government
lawyers including those from the Public Attorney’s Office (PAO) of the
Department of Justice (DOJ), the National Police Commission and the
Philippine National Police may be designated by their respective heads of
offices to provide legal assistance to a PNP member. The Philippine
National Police, upon the recommendation of the NAPOLCOM, shall
shoulder all the necessary expenses incurred for the legal defense of any

member who has been administratively, civilly or criminally charged before


any court, body or tribunal for service related acts: Provided, That the
services of a private counsel may be tapped at the expense of the
government subject to the rules and regulations of the Commission on Audit;

f. The right to join a legitimate and recognized organization or
institution that will truly enhance and promote the exercise of his duties and
responsibilities; and

g. The right to undertake other activities designated to enhance and
develop his well-being as a person with dignity and as an exemplar to
society;

SEC. 8. Duties and Responsibilities. — Every member of the
Philippine National Police shall:

a. Carry out police duties and responsibilities in the most

professional manner, adhering to the PNP Operational Procedures (POP),

and within the bounds of la
b. Implement the missions set forth by the PNP organization without
fear of physical or legal reprisal, adverse criticism, expectation of monetary
reward, promotion in rank, receipt of merits and recommendations;
c. Exercise the bestowed rights, duties and obligations with
responsibility and accountability for any breach or violation of public trust;

d. Uphold the dignity and prestige of the police service;


e, Promote and maintain the stability of the service by observing
the hierarchy, respecting the rank and position of every member, practicing
the written and unwritten customs and traditions pertaining to the mode of
discipline and observing harmonious working relations with the fellow
members of the service and other members of the government bureaucracy,
as well as the civilian populace;

f. Avoid any direct or indirect involvement in partisan politics or any
political activity and observe loyalty and cooperation only to the legitimate
leadership;

g. Develop his talent and potentials through continuing education
and training relevant to the position in the service and police occupational
field;

h. Observe all customs on courtesy, ceremonies and social decorum
as defined in the PNP Code of Professional Conduct and Ethical Standards;

i. Assume responsibility and accountability to respect and protect
human dignity and others’ rights to life, liberty and property;

j. Uphold the constitutional rights of the accused and of detained
persons who are suspects in the commission of a crime; and

k. Promote gender sensitivity and development.


CHAPTER IV
PERFORMANCE EVALUATION AND PROMOTION SYSTEM

SEC. 9. Performance Evaluation System. — A uniform and equitable
performance evaluation system for all PNP personnel shall be established
and administered by the Philippine National Police. The NAPOLCOM shall
provide the guidelines as basis in the evaluation. Such system shall be
administered with the aim of inculcating professionalism, efficiency and
discipline to every member of the public service. The accomplishment of
tasks and missions shall always be subordinated to the constitutional and
human rights of an individual.

SEC. 10. Promotion. — A merit system and promotion program shall
be established within six (6) months upon the effectivity of this Act, subject
to the approval of NAPOLCOM. This merit system and promotion program
shall be uniformly and equitably applied to all uniformed members of the
Philippine National Police.

No member of the Philippine National Police shall be promoted to
the next higher rank unless he passed the corresponding examinations for the
promotions being administered by NAPOLCOM, completed the required

experience, schooling and training relevant to the said rank.


Promotion of the PNP member who has less than one (1) year of
service before reaching the compulsory retirement age shall be allowed:
Provided, That the mandatory requirements for promotion, such as
education, eligibility, training and experience has been satisfied and the
personnel is currently designated to a position commensurate or higher to the
present rank: Provided, further, That payment of retirement benefits shall
no longer be adjusted to one (1) rank higher upon retirement.

The pendency of any criminal, civil and administrative case, arising
from service-related act or omission before any court, body or tribunal shall
not be a bar for promotion or assignment.

Special or meritorious promotion shall be extended to PNP personnel
with the ranks of Police Officer 1 to Police Superintendent for:

a. Acts of conspicuous courage and gallantry at the risk of his life
and beyond the call of duty;

b. — Conferment by the Civil Service Commission “Dangal ng
Bayan Award” for religiously observing the norms and conduct of public
officials and employees as embodied under Section 4 of Republic Act No.
6713, otherwise known as the “Code of Conduct and Ethical Standards for

Public Officials and Employees;”


c. Series of accomplishment of superior personal undertaking that
contributed to the efficiency, economy or other improvements of PNP
administration and operations as well as other extraordinary acts of service
in connection with or in relation to official duties which redound to the
public interest.

CHAPTER V
GRIEVANCE MACHINERY

SEC. 11. Grievance Mechanism. - Every PNP personnel shall have
the right to present complaints and grievances to the management and have
them settled as expeditiously as possible to the interest of the service, the
PNP organization and the government as a whole. Towards this end, the
PNP management shall take action to immediately address these complaints
and grievances and ensure the fair, speedy and equitable settlement of the
same.

SEC. 12. Coverage. — This machinery shall cover complaints or
grievances of PNP uniformed personnel against his peers, supervisors,
officers and subordinates of parallel units.

SEC. 13. Guidelines. — The following shall be the guidelines in the

conduct of complaints or grievance proceedings:


a. The complainant or aggrieved party shall first discuss the
problem with his immediate supervisor before the filing of a formal written
complaint;

b. The employee or subordinate presenting a complaint or grievance
shall be assured of protection from coercion, discrimination, harassment or
reprisal;

c. Complaints or grievances shall be settled at the lowest possible
level;

d. The grievance proceedings shall be conducted as simply as
possible and shall not be bound by strict legal rules or technicalities;

e. The grievance proceedings shall be aimed at determining “what is
right” and not “who is right;”

f. The right to appeal the actions and decisions on complaints or
grievances shall not be curtailed;

g. These procedures shall not apply only to official actions of PNP
superiors pertaining to the exercise of disciplinary powers where specific
procedures for relief through appeal are already provided:

h. Complaints or grievances concerning promotions shall be given
due course. However, the aggrieved party may elect to proceed either under

this procedure or pursuant to any other applicable laws or regulations; and


i, All proceeding shall be treated as confidential.

SEC. 14. Disciplinary Machinery. — The PNP shall adopt a
disciplinary machinery and its disciplining powers shall be exercised by
legitimate disciplinary authorities as provided for in Republic Act No. 6975,
otherwise known as “Department of the Interior and Local Government Act
of 1990,” as amended.

SEC. 15. Safeguards During Disciplinary Proceedings. — \n every
disciplinary proceeding, the PNP personnel shall have:

a. The right to be informed in writing of the charges against him;

b. The right to pre-charge investigation in administrative cases;

c. The right to full access to the evidence in the case;

d. The right to defend himself or be defended by a representative of
his own choice or his organization and be given adequate time to prepare his
defense;

e. The right to confront witnesses presented against him and
summon witnesses in his behalf including the right to cross-examination;

f. The right to appeal before designated authorities;

g. The right to claim reimbursement for the reasonable expenses
incurred in his defense in case of exoneration or dismissal of charge against

him which shall be sourced from the savings of the PNP, limited only to


service-oriented cases and subject to pertinent laws, rules and regulations;
and

h. Such other rights that will ensure fairness and impartiality during
the proceedings.

CHAPTER VI
HOURS OF WORK, RENUMERATION, WELFARE
AND HEALTH BENEFITS

SEC. 16. Duty Hours. — PNP uniformed personnel shall render an
eight-hour a day service duty: Provided That if the exigencies of the service
so require, any member may be obliged to render an additional two hour
service without payment of additional compensation. When a PNP
personnel is required to render actual service beyond or in excess of the
initial ten-hour period, he shall be entitled to an additional compensation
equivalent to his regular hourly rate but not more than fifty percent (50%) of
the basic pay, in accordance with accounting and auditing requirements.

SEC. 17. Status of PNP Personnel. — The PNP personnel shall be
considered employees of the national government and shall draw their
salaries therefrom. PNP personnel in Metropolitan Manila, chartered cities,
component cities and other municipalities may be paid financial incentives

by the local government unit subject to the availability of funds.


SEC. 18. Salary Scale. — The PNP shall have a salary scale separate
and distinct from the other agencies of the government to attract the best and
competent applicants. There shall be different salary scales for uniformed
and non-uniformed personnel.

Salary scales of PNP personnel shall provide for a gradual progression
from minimum to maximum salary by means of regular increments granted
automatically after three (3) years. The progression from the minimum to
the maximum shall not exceed a period of ten (10) years.

SEC. 19. Criteria for Salary. — The salaries of all uniformed PNP
personnel shall correspond to the following criteria:

a. Salary shall be comparably equal to those paid in the occupations
or professions requiring equivalent or similar qualifications, training and
abilities regardless of rank positions;

b. Salary scale shall ensure that the lowest rank and position shall
receive an amount which will ensure him and his family to afford a
reasonable and decent standard of living; and

c. Basic monthly salary shall exclude the subsistence allowance, cost
of living allowance, quarters allowance, clothing allowance, hazard pay,
amelioration pay, health care pay and all other allowances as may be

provided under existing laws.


SEC. 20. Payment of Salary and other Emoluments. ~ Salaries and
other emoluments of PNP personnel shall be released on time and without
undue delay. No deduction whatsoever shall be allowed from the salaries
due to all PNP personnel except under specific provisions of applicable laws
authorizing such deductions: Provided, That written authorization of the
concerned personnel shall first be obtained.

SEC. 21. Cost of Living Allowance. — The salaries of PNP personnel
shall be based on the prevalent cost of living. Salaries shall automatically
follow changes in cost of living index determined and established by the
NAPOLCOM afier due consultation with appropriate government agencies.

SEC.

. Leave of Absence. — In addition to leave privileges enjoyed
under existing laws, PNP members shall be entitled to study leaves not
exceeding one (1) year with pay: Provided, That no grantee shall be allowed
to accumulate more than one (1) year of study leave except when an extra
semester is needed to complete and defend the thesis for a graduate study in
a degree relevant to being a member of the police service.

An indefinite sick leave of absence shall be granted to an ailing
member whose medical treatment requires more than one (1) year of

continued treatment.


SEC. 23. Longevity Pay. — PNP personnel shall be entitled to a
longevity pay of ten (10%) percent of their basic monthly pay for every five
(5) years of continuous, efficient and meritorious service in the government,
which shall be computed from the date of the member’s first appointment in
the police service or any allied government law enforcement service:
Provided, That the maximum longevity pay shall not exceed sixty (60%)
percent of the basic monthly pay.

SEC. 24. Special Hardship Allowance and Combat Pay. - In areas
wherein a uniformed PNP personnel is exposed to hardship and combat
situation or other hazards unusual to peacekeeping, crime prevention and
investigation activities and established to be peculiar to any given area or
place of assignment as determined by the PNP and approved by the
NAPOLCOM, the uniformed PNP personnel shall be compensated with a
special hardship allowance, similar to combat pay of the AFP, equivalent to
at least forty (40%) percent of the monthly basic salary.

SEC. 25. Compensation for Physical or Mental Injuries Sustained
in the Course of Duty. — All PNP personnel shall be protected against the
consequences of employment injuries. Physical as well as psychological

stresses affecting the health condition of the PNP personnel shall be


recognized as compensable occupational diseases in accordance with
existing laws.

SEC. 26. Permanent Physical Disability. - A uniformed member
who incurs a total permanent disability in the line of duty and has rendered a
total of twenty (20) years of continuous active duty in the police service
shall be compulsorily retired. Upon his compulsory retirement, he shall be
entitled to the payment of a retirement pay equivalent to one and one-half
month’s (1 ¥%4) base pay for every year of service or a fraction thereof
computed based on the next higher rank, and longevity pay based on the last
permanent grade held.

SEC. 27. Disability Benefits. - Any member and legal dependents
shall be entitled to all benefits relative to the member’s permanent
incapacity, as may be provided for under this Act or other existing laws.

SEC. 28. Housing Program. -The PNP shall devise an affordable,
decent housing program available to its uniformed personnel which will be
subsidized by the government.

CHAPTER VII
RETIREMENT AND DEATH BENEFITS
SEC. 29. Optional Retirement. — Upon accumulation of at least

twenty (20) years of satisfactory service, a PNP personnel may request with

20


the approval of the NAPOLCOM, to be retired from the service and shall be
entitled to receive benefits provided for by law.

SEC. 30. Compulsory Retirement. — Compulsory retirement for
officers and non-officers shall be upon the age of fifty-six (56) years old:
Provided, That in times of war or other national emergency declared by the
Congress, the President may extend the tour of duty of the Chief PNP.

SEC. 31. Retirement Benefits. - Upon retirement, uniformed PNP
personnel shall:

a. Receive the pay of the rank higher than the permanent rank he
last held: Provided, that the said retiree has reached the age of fifty five (55)
years old and fulfilled service requirements under the existing laws.

b. The monthly retirement pay of a PNP personnel shall be fifty
(50%) percent of the base pay and longevity pay of the retired rank in case
the retiree has rendered at least twenty (20) years of continuous active police
service, increasing by two and one-half (2 1/2%) percent for every year of
police service rendered beyond the initial twenty (20) years to a maximum
of ninety (90%) percent for thirty-six (36) years of active service and over:
Provided, that the retiree shall have the option to receive in advance a lump
sum of the retirement pay equivalent to the first five (5) years of the

retirement pay as it accrues. The payment of the lump sum shall be made

21


within six (6) months from the effectivity date of retirement. It shali be
incumbent upon the concerned units to provide the completion of all
documentary requirements in support of the payment of the retirees’
retirement pay as the retiree is not required to perform additional tasks other
than to receive the retirement pay. Any personnel who intentionally and
maliciously delays or causes the delay in the processing of the retiree’s just
claim for money and other emoluments shall be considered to have incurred
an administrative offense amounting to grave misconduct and an act pre-
judicial to the interest of the service as defined by existing laws. Provided,
finally, That the retirement pay of all uniformed personnel shall be subject to
adjustment to the prevailing scale of base pay of personnel still in the active
service.

SEC. 32. PNP Exit Program. — The PNP shall devise a program for
retiring uniformed personnel to prepare their entry to civilian life in search
of jobs and other livelihood opportunities.

SEC. 33. Death Benefits. - The immediate heirs and legal
dependents of a uniformed personnel shall be entitled to receive all benefits
relative to the former’s death as provided in this Act and other existing laws.

SEC 34. Uniformed Personnel Missing-in-Action. — Any uniformed

personnel who is officially confirmed by the PNP Board created for this

22


purpose, to be missing-in-action while in the performance of duty or by
reason of being a member of the police service or is kidnapped or captured
by the enemy shall be entitled to receive the same pay, allowances and other
entitlements at the time of the incident which gave rise to the disappearance
or capture: Provided, that should it be known later that the disappearance
was not on the occasion of a legitimate police activity or without any
authority, whatever salary and allowances and other benefits received by the
uniformed personnel and immediate heirs and legal dependents in
accordance with this Act and other existing and relevant laws, shall be
returned to the PNP.

SEC. 35. Salary and Allowances of Missing-in-Action Uniformed
Personnel. —In case any uniformed member has been officially declared as
missing-in-action under the circumstances enumerated under the preceding
section, the PNP Chief shall direct the payment of the missing personnel’s
monthly salary and allowances and other emoluments to heirs and legal
dependents for their support for a period of one (1) year from the time of the
reported disappearance or capture by the enemy as the case may be. A
member who is officially declared missing-in-action as adjudicated by the

PNP Board or NAPOLCOM shall be presumed dead for all legal intents


and purposes after a period of three (4) years from the date of the reported
disappearance or capture.

SEC. 36. Termination of Payment of Salary and Allowances. — Upon
the termination of one year (1) period as specified in the preceding section,
the missing uniformed personnel shall be automatically terminated from the
service. In the event that the said personnel shall thereafter be found to have
been alive and is not entitled to the benefits paid under the preceding
sections, said benefit shall be reimbursed to the State within six (6) months
from the discovery of the fact of reappearance. Otherwise, if the
reappearance or recovery be before the expiration of the four (4) years
presumptive period, the said personnel shall be immediately reinstated into
the service and shall regain the privileges; the case shall be treated as if there
was no separation from the service at all. The PNP personnel shall be
entitled to the payment of the amount equivalent to all the salary, allowances
and other emoluments unpaid during the captivity and absence. But, any
death claim benefits paid to the heirs and legal dependents under this Act
and other existing laws shall be retuned to the PNP. _ However, if the
continued disappearance was fraudulent or made in bad faith, the PNP

personnel shall be dismissed from the service and shall be disqualified from

24


receiving all the salaries, allowances and benefits provided herein, and shall
be prosecuted criminally and administratively.

SEC. 37. Additional Welfare Benefits. — Subject to the provisions
of existing laws, and other rules and regulations, the PNP Chief may
formulate and implement welfare schemes that are deemed beneficial to all
personnel of the Philippine National Police, subject to the approval by the
NAPOLCOM.

SEC. 38. Declaration of Half Mast. — In honor of those PNP
personnel who have sacrificed their lives in the service of the country and
the people, the PNP may declare that all flags be flown at half mast in all
police offices nationwide.

CHAPTER VIII
NON-UNIFORMED PERSONNEL OF THE PNP

SEC. 39. Human Resource Development for Non-Uniformed
Personnel. — There shall be established a Human Resource Development
Program at PNP for non-uniformed personnel including, but not limited to,
provisions on merit promotion, performance evaluation, in-service training
grants, incentive and award system. The program shall conform to the rules

and regulations of the NAPOLCOM.


Where there are no specific applicable provisions in the rules and
regulations of the NAPOLCOM, the existing rules and regulations
promulgated by the Civil Service Commission shall apply.

SEC. 40. Screening and Selection for Appointment. — Applicants
for the non-uniformed personnel (NUP) position shall undergo a screening
process to be conducted by a duly appointed Selection and Promotion Board
based on qualification standards set forth by the NAPOLCOM: Provided,
That in addition thereto, the applicant shall undergo an on-the-job training
for a period of three (3) months to determine fitness and competence to
assume the responsibilities of the position to be occupied.

SEC. 41. Hours of Work, Salaries and Other Remuneration, — The
NUP shall be provided with benefits and welfare services to include but not
limited to the following:

a. Normal Hours of Work — the normal hours of work of any NUP
shall not exceed more than eight (8) hours a day or forty (40) hours a week.
Hours of work shall include:

i, All the time during which the NUP is required to work
or to be at a prescribed workplace; and

ii. All the time during which the NUP is permitted to work.

26


b. Overtime Work — Where the exigencies of the service so require,
any NUP may be required to render service beyond the regular eight (8)
hours a day: Provided, That additional compensation be paid in accordance
with existing laws: Provided, further, That the total additional
compensation shall not exceed fifty (50%) percent of the basic pay.

c. Longevity Pay — All NUP regardless of their unit of assignment
shall be entitled a longevity pay of ten (10%) percent of their basic monthly
pay for every five (5) years of continuous, efficient and meritorious service
in the government: Provided, That the maximum longevity pay shall not
exceed fifty (50%) percent of the basic monthly pay.

d. Compensation for Rest Day, Saturday and Sunday, or Holiday -
Every NUP shall be paid the regular daily wage even during regular
holidays. An NUP who is required or permitted to work on a regular holiday
or on any special public holiday, local or national, shall be paid
compensation equivalent to twice the regular rate.

e. Laundry Allowance — All NUP who are required to wear
uniforms regularly shall be entitled to laundry allowance taking into account
existing laws and prevailing practices.

f. Subsistence Allowance — All NUP who are required to render

service within the premises or prescribed workplace shall be entitled to

27


subsistence allowance of one (1) meal which shall be computed in
accordance with the prevailing circumstances.

g. Hazard Pay —1n areas where an NUP is exposed to hardship or
other hazards unusual to peacekeeping, crime prevention and investigation
activities or those established to be peculiar to any given area or place of
assignment, as determined by the PNP, such NUP shall be compensated with
a special hazard pay equivalent to at least twenty five (25%) percent of the
monthly basic salary.

SEC. 42. Medical and Dental Services. — An annual compulsory
medical examination shall be provided free of charge to all NUP during their
tenure of employment. All NUP shall be accorded free medical and dental
services: Provided, That the cost thereof shall be included as automatic
appropriation in the PNP annual budget.

SEC. 43. Early Retirement Program. — Any NUP who has reached
the age of fifty-five (55) years may avail of the early retirement program and
shall be paid separation benefits in accordance with the prevailing scheme:
Provided, That the service rendered in the PNP organization is at least
fifteen (15) years: Provided, further, That those who have availed of this

benefits shall not be allowed to re-enter the PNP.


SEC. 44. Highest Basic Salary Upon Retirement. - The NUP shall
automatically be granted one (1) salary grade higher than the basic salary
being received and the retirement benefits shall thereafter be computed on
the basis of the highest salary, which shall take effect three (3) months prior
to the compulsory retirement: Provided, That said NUP has reached the age
of fifty-five (55) and has fulfilled the service requirements under existing
laws.

SEC. 45. Civil Service Laws. - Except when otherwise provided for
in this Act and other existing laws, the provisions of Executive Order No.
292 and other Civil Service Laws shall be applicable to all NUP.

CHAPTER IX
PNP DEVELOPMENT PROGRAM

SEC. 46. Organizational Career Planning. — The NAPOLCOM, in
consultation with the PNP, shall establish two separate and distinct
organizational career planning and development systems for the PNP to
hasten the professionalization of the police service. One system shall solely
center on the uniformed personnel, and the other system on the non-
uniformed personnel of the PNP.

In view of the distinctive nature of their work and of the need to

provide equitable opportunities for professional advancement of the PNP

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members, the PNP shall have a distinct career management and
development programs for professional technical personnel such as, but not
limited to, the members of the legal, internal affairs, health, engineering,
chaplain and criminology services.

‘The comprehensive organizational career planning and development
system shall include provisions on merit promotion, performance evaluation,
in-service training, overseas and local scholarships, training grants, incentive
award system, and such other similar services and human resource
development interventions, including programs on the job training,
counseling, coaching, job rotation, secondment, job swapping and other
related provisions.

SEC. 47. In-Service Training. - The PNP shall regularly conduct
enhancement and in-service training programs aimed towards the
development of the skills of PNP personnel and the improvement of their
capabilities. All uniformed personnel assigned at the station levels shall be
given preference in the entitlement to such programs.

SEC. 48. Moral Enhancement Program. — To develop in each
member a strong moral fiber, the PNP shall conduct moral enhancement
programs which shall primarily focus on the PNP Code of Professional

Conduct and Ethical Standards and on the PNP Creed.

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SEC. 49. Physical and Mental Fitness Program. — The PNP shall
formulate policies and guidelines on physical fitness and sports development
and shall conduct periodic physical fitness tests among its personnel.

For the purpose of ensuring the physical and mental health of PNP
members as well as their non-use of prohibited drugs, the PNP in
coordination with a NAPOLCOM-accredited government hospital shall
conduct regular psychiatric, psychological, drug, and physical tests
randomly and without notice.

SEC. 50. Medical and Dental Health Care Program. — There shall
be a medical and dental health care program for the PNP members and their
direct dependents including parents and parents-in-law. Said program may
be operated by the government or by a consortium of government and
private health management organizations.

SEC. 51. Gender Sensitivity Program. — The PNP shall implement a
gender sensitivity program within ninety (90) days from the effectivity of
this Act to include but not limited to the establishment of equal career
opportunities for women in the PNP, the prevention of sexual harassment in
the workplace, and the prohibition of discrimination on the basis of gender

or sexual orientation.

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CHAPTER X

PHILIPPINE NATIONAL POLICE MAGNA CARTA DAY

SEC. 52. Philippine National Police Day. — Consistent with the
intent and provisions of this Act, a “Philippine National Police Day” shall
be declared on the day of the enactment of this Act and thereafter every
anniversary to commemorate it.

To ensure a meaningful observance of said day as declared in this
Section, the Secretary of the Interior and Local Government, the concurrent
ex-officio chairman of NAPOLCOM, the Chief PNP, heads of the various
local government units and all PNP personnel shall initiate consciousness
awareness campaign programs that will highlight the contributions of the
PNP to local as well as national security, peace and order situation and
nation-building.

CHAPTER XI
FINAL PROVISIONS

SEC. 53. Implementing Rules and Regulations. — The
NAPOLCOM, in coordination with the Chief PNP, shall formulate and
prepare the rules and regulations necessary to effectively implement the
provisions of this Act. All rules and regulations so formulated shall be

liberally construed in favor of the Philippine National Police personnel so as


to give them the greatest degree of benefits that can be derived from this
‘Act. Rules and regulations of this Act shall take effect fifteen (15) days after
its publication in a newspaper of general circulation or through any other
means the NAPOLCOM ‘shall deem sufficient in order to give notice to the
general public.

SEC. 54. Budgetary Estimates. — The Chief PNP shall submit to
Congress, through the Secretary of the Interior and Local Government, the
annual budgetary estimates to implement the provisions of this Act which
shall be included in the annual General Appropriations Act. In no case shall
the budget implementing this Act allotted for a given fiscal year be less than
that of the previous fiscal year.

SEC. 55. Separability Clause. - If any provision or part of this Act
is declared invalid or unconstitutional, the remaining parts or provisions not
affected thereby shall remain in full force and effect.

SEC. 56. Repealing Clause. — For purposes of this Act, pertinent
provisions of Republic Act No. 6975, otherwise known as the “Department
of the Interior and Local Government Act of 1990” as amended by Republic
Act No. 8551, otherwise known as the “Philippine National Police Reform
and Reorganization Act of 1998" which are inconsistent with this Act are

hereby deemed amended. All other laws, executive orders, presidential


decrees, rules and regulations or parts thereof inconsistent with any
provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC. 57, Effectivity. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) national newspapers
of general circulation,

Approved,