RECEIVE
Republic of the Philippines FE JUL p. 6
HOUSE OF REPRESENTATIVES DATE:
Quezon City :
ic:
BY:

SEVENTEENTH CONGRESS

First Regular Session greisTeaTION UNIT
1655 BILLS AND INDEX SERVICE

HOUSE OF REPRESENTATIVES:

H. B, No.

Introduced by HONORABLE BELLAFLOR J. ANGARA-CASTILLO-

EXPLANATORY NOTE

It is espoused in Art. Il, Sec. 4 and § of the 1987 Philippine Constitution that, "the prime
duty of the Government is to serve and protect the people..." and that, "the maintenance of
peace and order, the protection of life, liberty and property and promotion of the general welfare
are essential for the enjoyment by all the people of the blessings of democracy.” This duty is
cartied out by the country's premier police force, the Philippine National Police (PNP). This
proposed Magna Carta for the PNP Uniformed and Non-Uniformed Personnel codifies and
strengthens existing rights and benefits provided for in various laws, resolutions and other
circulars concerning PNP.

To attract more qualified and competent law enforcers in the country, the Magna Carta
seeks to establish a separate salary scale for the PNP, distinct from the other agencies of the
government, and provides for additional benefits such as cost of living, clothing, quarters and
subsistence allowances, longevity pay, reasonable leaves and retirement programs.

Uniformed PNP personnel who accepts assignments in remote areas or isolated
situations, and is exposed to hardship and combat situation or other hazard unusual to
peacekeeping, crime prevention and investigation activities, will be compensated with a remote
assignment allowance and special hardship allowance, similar to combat pay of the Armed
Forces of the Philippines. Meanwhile, families and beneficiaries of members of the PNP, who
are killed in the line of duty, will be granted special financial, scholarship and employment
assistance.

To foster a highly efficient and competent police force, this bill also aims to develop a
holistic PNP development program which includes provisions on merit promotions, performance
evaluation, in-service training, overseas and local scholarships, training grants, incentive award
system, among others.

This proposed Magna Carta seeks to put dignity into the country's premiere police force
for their commitment to preserve peace and order and protect the lives of Filipino people

In view of the foregoing, the passage of this bill is earnestly sought.
BELLAFLIOR t ANGARA-CASTILLO

Representative
Lone District, Province of Aurora


Cwrausena

SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION)

H. B. No. 1655

Introduced by HONORABLE BELLAFLOR J. ANGARA-CASTILLO

AN ACT
PROVIDING FOR A MAGNA CARTA FOR THE PHILIPPINE NATIONAL POLICE, AND FOR
OTHER PURPOSES

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

TITLE!
THE PHILIPPINE NATIONAL POLICE

Chapter O:
Preliminary Provi

SECTION 1. Title. This Act shall be known as the “Magna Carta for the Philippine National
Police Uniformed and Non-Uniformed Personnel.”

Chapter Two
General Provisions

SEC. 2, Declaration of Policies. It is a declared policy of the State to promote peace and
order, maintain good business environment, support economic growth, ensure public safety
through the delivery of effective, efficient, competent, modern, professional and non-partisan
police service. It recognizes the role of the police service in helping achieve the development of
the nation. With this, the State shall promote and protect the physical, mental, as well as the
emotional, moral, spiritual, intellectual faculties and social well-being of every Philippine
National Police (PNP) personnel, with the goal of establishing a highly efficient and competent
police force,

SEC. 3. General Principles. The PNP shall be a community and service-oriented agency
responsible for the maintenance of peace and order and public safety. It shall be so organized

to ensure accountability and uprightness in the exercise of discretion and achieve efficiency and
effectiveness of its members and units in the performance of their functions.

Chapter Three
Mandate of the PNP

SEC. 4. Powers and Functions. Pursuant to its institutional mandate, the PNP shall exercise
the following powers and functions:

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

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

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

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

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

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

4g) Supervise and control the training and operation of security agencies, issue licenses to
operate in favor of such security agencies, as well as, of security guards and private detectives
for the exercise of their professions; and

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

TITLE tl
ORGANIZATIONAL COMPONENTS AND STRUCTURE

Chapter One
PNP Uniformed Personnel

SEC. 5. Organization. The PNP shall be headed by a Chief who shall be assisted by two (2)
deputy chiefs, one (1) for Operations and one (1) for Administration, both of whom shall be
appointed by the President upon recommendation of the Commission from among the most
senior and qualified officers in the office: Provided, however, That in no case shall any officer
who has retired or is due to retire within six (6) months from his compulsory retirement age be
appointed as PNP Chief.

The PNP shall maintain its office in Metropolitan Manila, which shall house its National
Staff Offices and National Support Units.

The PNP shall have regional offices, including that of the National Capital Region (NCR),
which may be divided into two (2) separate regions: the Cordillera Autonomous Region (CAR)
and the Autonomous Region for Muslim Mindanao (ARMM). These regional offices shall be
headed by a Regional Director.

The PNP shall have provincial offices, headed by a Provincial Director. In the case of
large provinces, police districts, to be headed by a District Director, may be established by the
National Police Commission (NAPOLCOM), upon the recommendation of the PNP Chief,

There shall be PNP stations in the municipalities/cities, headed by a Chief of Police. In
case of police stations in highly urbanized cities, its head shall have a position title of City
Director. The determination of the rank of the head of police stations shall be subjected to the
existing rules and policies of the national headquarters of the PNP and NAPOLCOM.

A. Classifications of Officers

SEC. 6. Rank Classification. For purposes of efficient administration, supervision and control,
the rank classification of the PNP uniformed personnel shall be as follows:

Police Director General

Police Deputy Director General
Police Director

Police Chief Superintendent
Police Senior Superintendent

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Police Superintendent
Police Chief Inspector
Police Senior Inspector
Police Inspector
Senior Police Officer IV
Senior Police Officer II
Senior Police Officer I!
Senior Police Officer |
Police Officer I!

Police Officer II

Police Officer |

SEC. 7. Key Positions. The head of the PNP with the rank of Police Director General shall
have the position title of Chief of the PNP. The second in command of the PNP with the rank of
Police Deputy Director General shall be the Deputy Chief of the PNP for Administration. The
third in command, also with the rank of Police Deputy Director General, shall be the Deputy
Chief of the PNP for Operations.

At the National Office, the head of the National Staff Offices with the rank of Police Deputy
Director General shall be referred to as Chief of Staff of the PNP, who shall be fourth in
command of the PNP.

The heads of the various staff divisions in the National Staff Offices shall have the rank of Police
Director with the position title of Director of the National Staff Office of their respective functional
divisions. The PNP shall maintain its National Support Units to be headed by a Director who
shall have the rank of Police Chief Superintendent. To enhance police operational efficiency and
effectiveness the PNP Chief may constitute such other support units as may be necessary
subject to the approval of the NAPOLCOM; Provided, That no support unit headed by a chief
superintendent or higher rank can be created unless provided by law.

The head of the NCR Police Office shall assume the position title of NCR Police Director
The heads of the regional offices shall assume the position title of Police Regional Director.
The heads of the NCR district offices shall have the position title of District Director.

The heads of the provincial offices shall have the position title of Police Provincial Director.
The heads of the district offices shall have the position title of District Director.

The heads of the municipality or city offices shall be known as Chief of Police. In case of police
stations in highly urbanized cities, its head shall have the position title of City Director.

The determination of the rank of the head of police stations shall be subjected to the existing
rules and policies of the national headquarters of the PNP and NAPOLCOM.

Provided, That, The ranks of the heads of regional, provincial and district offices may be
upgraded upon the recommendation of the Chief of the PNP through the NAPOLCOM and
subject to the approval of the President; Provided, further, That the upgrading of the ranks of
the heads of police stations shall be approved by the NAPOLCOM.

SEC. 8. Powers, Functions, and Term of Office of the PNP Chief, The command and
direction of the PNP shall be vested in the PNP Chief, who shall have the power to direct and
control tactical as well as strategic movements, deployment, placement, utilization of the PNP or
any of its units and personnel, including its equipment, facilities and other resources. Such
‘command and direction of the PNP Chief may be delegated to subordinate officials with respect
to the units under their respective commands, in accordance with the rules and regulations
prescribed by the NAPOLCOM

The PNP Chief shall also have the power to issue detailed implementing policies and
instructions regarding personnel, funds, properties, records, correspondence and such other
matters as may be necessary to effectively carry out the functions, powers, and duties of the
PNP. He shall be appointed by the President from among the senior officers down to the rank of

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chief superintendent. Provided, That he shall serve a term of office not to exceed four (4) years;
Provided, further, That in times of war or other national emergency declared by Congress, the
President may extend such term of office.

SEC. 9, Legal Affairs Service. There shall be established a Legal Affairs Service, which shall
serve as the personal staff of PNP Chief on Legal Affairs. The Legal Affairs Service shall be
headed by a PNP Uniformed Personnel with the title of Director who shall carry the rank of
Police Chief Superintendent.

SEC. 10. Internal Affairs Service. Pursuant to the provisions of Republic Act No. 8551, there
shall be an Internal Affairs Service, functions of which shall be consistent with the aforesaid Act
that established the office.

B. Appointment Qualifications

SEC. 11. General Qualifications for Appointment. No person shall be appointed as officer or
member of the PNP unless he or she possesses the following minimum qualifications:

a. Acitizen of the Philippines;
b. A person of good moral conduct;

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

d. Must possess a formal baccalaureate degree from a recognized institution of learning;
e, Must be eligible in accordance with the standards set by the 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; and

i. For a new applicant, he must not be less than twenty-one (21) or more than thirty (30)
years of age. Except for the last qualification, the above-enumerated qualifications shall
be continuing in character and an absence of any one of them at any given time shall be
a ground for separation or retirement from the service: Provided, That PNP members
who are already in the service upon the effectivity of this Act shall be given at least two
(2) more years to obtain the minimum educational qualification

SEC. 12. Prerequisite for the Appointment to the PNP. No applicant shall be qualified to
undergo basic police training unless he has passed the pre-qualifying examination administered
by the PNP Screening and Selection Board: Provided, That no new graduates of basic police
courses shall be absorbed on permanent status unless he has satisfactorily passed the six-
month probationary period, The PNP shall set the standards for the implementation of this
provision.

SEC. 13. Manner of Appointment. The appointment of the officers and members of the PNP
shall be effected in the following manner:

a. Police Officer | to Senior Police Officer IV - Appointed by the PNP Regional Director for

regional personnel or by the PNP Chief for the national headquarters personnel and
attested by the NAPOLCOM;

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b. Inspector to Superintendent — Appointed by the PNP Chief, as recommended by their
immediate superiors, and attested by the NAPOLCOM;

c. Senior Superintendent to Deputy Director General - Appointed by the President upon
recommendation of the PNP Chief, with proper endorsement by the Chairman of the
NAPOLCOM.

d. Director General - Appointed by the President from among the senior officers down to
the rank of Chief Superintendent in the service: Provided, That the PNP Chief shall
serve a tour of duty not to exceed four (4) years; Provided, further, That, in times of war
or other national emergency declared by Congress, the President may extend such tour
of duty.

C. Pre-requisites to Entry

SEC, 14. Field Training Program. All new uniformed PNP members shall undergo a Field
Training Program for twelve (12) months involving actual experience and assignment in patrol,
traffic, and investigation as a requirement for permanency of their appointment.

SEC. 15. Examinations for Policemen. The NAPOLCOM shall administer the entrance and
promotional examinations for policemen on the basis of the standards set by the Commission

SEC. 16. Lateral Entry. In general, all original appointments of commissioned officers in the
PNP shall commence with the rank of Inspector, to include all those with highly technical
qualifications applying for the PNP technical services, such as dentists, optometrists, nurses,
engineers, criminologists and graduates of forensic sciences. Doctors of medicine, members of
the Bar, and Chaplains shall be appointed to the rank of Senior Inspector in their particular
technical service. Graduates of the Philippine National Police Academy (PNPA) shall be
automatically appointed to the initial rank of Inspector to fill up any vacancy after promotions
from the ranks are completed.

Chapter Two
General Benefits

A. Status, Salaries and Allowances

SEC. 17. Status of PNP Personnel. The uniformed and non-uniformed personnel of the PNP
shall be considered employees of the national government and shall draw their salaries
therefrom. Provided, That PNP personnel in Metropolitan Manila, charted cities, component
cities and other municipalities may be paid financial incentive by the local government unit
concerned 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 law enforcers. 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. The salary scale of the PNP shall be
comparable to the average salary of law enforcement agencies in the ASEAN Region and other
neighboring countries.

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 other occupations or professions

requiring equivalent or similar qualifications, training and abilities regardless of rank
positions;

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b. Salary scale shall ensure that the lowest rank and position receive an amount that 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. The salaries of PNP personnel shall be paid in legal tender of the
Philippines or the equivalent in checks or treasury warrants; Provided, however, That such
checks or treasury warrants shall be convertible to cash in any national, provincial, city or
municipal treasurer's office or any banking institution operating under the laws of the Republic of
the Philippines.

Salaries shall be released on time and without undue delay. No deduction shall be allowed from
the salaries due to all PNP personnel except under specific provisions of applicable laws
authorizing such deductions: Provided, That written authority of the PNP personnel concerned
shall first be obtained

SEC. 21. 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 government service: Provided, That the maximum longevity pay shall
not exceed fifty percent (50%) of the basic monthly pay.

SEC. 22. Cost of Living Allowance. The salaries of PNP personnel shall be based on the
prevailing cost of living. Salaries shall automatically follow changes in cost-of-living index
determined and established by the NAPOLCOM after due consultation with appropriate
government agencies,

SEC. 23. Clothing Allowance. PNP personnel who are required to wear uniforms shall be
entitled to a clothing allowance equivalent to three hundred (P300.00) pesos per month:
Provided, That this rate shall be reviewed periodically and increased accordingly, taking into
account existing laws and prevailing practices,

SEC. 24. Quarters Allowance. Uniformed PNP personnel shall be entitled to monthly quarters
allowance based on existing scheme which shall be reviewed periodically and increased
accordingly taking into account existing laws and prevailing practices.

SEC, 25. Remote Assignment Allowance. Uniformed PNP personnel who accepts
assignments in remote areas or isolated stations, which have not been filled for the last two
years prior to the assignment due to distance or hard accessibility, shall be entitled to an
incentive bonus in the form of Remote Assignment Allowance equivalent to fifty (50%) of their
basic pay, and shall be entitled to reimbursement of the cost of reasonable transportation to and
from such remote post or station, upon assuming or leaving such position during oficial trips.

SEC. 26. Subsistence Allowance. Uniformed PNP personnel shall be entitled to full
subsistence allowance of three (3) meals per day, which shall be computed in accordance with
prevailing market price.

SEC. 27. Special Hardship Allowance. |n areas wherein a uniformed PNP Personnel is
exposed to hardship and combat situation or other hazard 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, he shall be compensated with a special hardship
allowance, similar to combat pay of the AFP, equivalent to at least fifty (50%) percent of his
monthly basic salary.

B, Entitlement to Leave Benefits

SEC. 28. Vacation Leave. All PNP personnel who has rendered at least one year of service
shall earn fifteen (15) days vacation leave credits.

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SEC. 29. Sick Leave. A fifteen (15) day sick leave credits shall be granted to all PNP personnel
for every year of service. A sick leave of absence shall be granted to any ailing PNP personnel
for a period, as may be necessary for his treatment.

‘An indefinite sick leave of absence shall be granted to an ailing uniformed PNP member whose
nature of illness demands a long treatment that will exceed one year.

SEC. 30. Mandatory Leave. A PNP personnel is entitled to a mandatory leave with full pay for
seven (7) days, which is not chargeable to his leave credits.

SEC. 31. Maternity Leave. Married women in the Philippine National Police shall, in addition to
the sick and vacation leaves granted to them, be entitled to maternity leave of 60 days with full
pay.

It is understood that enjoyment of matemity leave cannot be deferred but should be enjoyed
within the actual period of delivery in a continuous and uninterrupted manner not exceeding
sixty (60) calendar days

Maternity leaves shall be granted to female married PNP personnel in every instance of
pregnancy irrespective of its frequency.

SEC. 32. Paternity Leave. Any male PNP personnel shall be entitled to seven (7) days of
paternity leave with pay commencing from the day of the delivery of his legal spouse.

SEC. 33. Study Leaves. In addition to the leave privileges enjoyed under this Act and other
existing laws, uniformed PNP personnel 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 he needs an extra semester to complete and defend his thesis for a
graduate study in a degree relevant to his being a member of the police service.

SEC. 34. Christmas and New Year's Break. All PNP personnel shall be granted a maximum of
seven (7) days break during the Christmas and New Year holidays for them to spend time with
their families.

C. Retirement Program

SEC. 35. Early Retirement Program. Any PNP personnel who has reached the age of fifty five
(65) years may avail of this program and be paid separation benefits in accordance with
prevailing scheme: Provided, That he/she has rendered at least fifteen (15) years of continuous
service in the PNP organization. Provided, further, That those who have availed of this benefit
shall not be allowed re-entry into the PNP.

SEC. 36, Optional Retirement. Upon accumulation of at least twenty (20) years of satisfactory
service, a PNP personnel, at his own request and with the approval of the NAPOLCOM, shall be
retired from the service and entitled to receive benefits provided for by law.

SEC. 37. Compulsory Retirement. Compulsory retirement, for officer and non-officer, shall be
upon the attainment of age fifty-six (56) years old: Provided, That in case of any officer with the
rank of Chief Superintendent, Director, or Deputy Director General, the Commission may allow
his retention in the service for an inextensible period of one (1) year.

SEC. 38. Highest Basic Salary Upon Retirement. A retired PNP personnel shall automatically
be granted one (1) salary range or grade higher than his/her basic salary and his/her retirement
benefit thereafter, computed on the basis of his/her highest salary, which shall be given in effect
three (3) months prior to the compulsory retirement: Provided, that said personnel has reached
the age fifty of five (55) years old and fulfilled service requirements under existing laws.

SEC. 39. Monthly Retirement Pay. The monthly retirement pay of a PNP Personnel shall be
fifty percent (50%) of the base pay and longevity pay of the retired rank in case the retiree has

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rendered at least twenty (20) years of continuous active service, increasing by two and one-half
percent (2.5%) for every year of active service rendered beyond twenty (20) years to a
maximum of ninety percent (20%) 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 his retirement pay
equivalent to the first five (6) years of his retirement pay as it accrues: Provided, further, That
payment of the retirement benefits in lump sum shall be made on the effectivity date of
retirement. It shall be incumbent upon the concerned units to provide the completion of all
documentary requirements in support of the payment of the retiree’s retirement pay as the
retiree is not required to perform additional tasks other than to receive the fruits of his service.
Any personnel who intentionally and/or maliciously delays or causes the delay in the processing
of the retiree’s just claim for money and/or other emoluments shall be considered to have
incurred an administrative offense amounting to grave misconduct and an act prejudicial to the
interest of the service as defined by existing laws. Provided, finally, That retirement pay of all
uniformed members shall be subject to adjustments based on the prevailing scale of base pay
of police personnel still in active service.

D. Special Financial and Scholarship Assistance Program

SEC, 40. Special Financial Assistance, The family or beneficiary of any PNP personnel, who
is killed or becomes totally and permanently incapacitated while in the line of duty or by reason
of his office or position shall be entitled to the special financial assistance provided for in this Act
in addition to whatever compensation, donation, insurance, gift, pension, grant or any form of
benefit which said deceased or totally incapacitated person or his family may receive or be
entitled to; Provided, That he has not committed any crime or human rights violation by final
judgment on such occasion.

SEC. 41, Tax Free. The special financial assistance referred to in the immediately preceding
section shall be equivalent to six (6) months salary, including allowances and bonuses, during
the last twelve (12) months preceding the death of any PNP personnel which shall not be
considered a part of the estate of the deceased and which shall be exempt from attachment,
garnishment or execution and from income and other taxes.

SEC. 42. Duty of the Cashier. It shall be the duty of the cashier from whom the deceased or
permanently incapacitated PNP personnel used to receive his salary, within three (3) days from
receipt of a written certification from the station or unit commander of the fact of death and the
circumstances thereof, to deliver to the beneficiaries such special financial assistance as stated
in the preceding Section hereof. In case of permanent disability, a certification by the proper
medical officer designated by the Chief of the Philippine National Police is necessary for the
payment of the aforesaid financial assistance. After said payment, a report with the formal
certificate of death or permanent incapacity shall be submitted to the Chief of the Philippine
National Police.

SEC. 43. Sources of Special Financial Assistance. In order to assure the payment of the
special financial assistance referred to in this Act, without any need of any appropriation act or
ordinance, the payment shall come from the expected salary, allowances and bonuses of the
deceased or permanently incapacitated PNP personnel for the next six (6) months after his
death or incapacity: Provided, That the position left vacant by the deceased or permanently
incapacitated PNP personnel on account of his death or incapacity shall not be filled during that
period of six (6) months: Provided, further, That if the public welfare and interest so demand, as
determined by the Chief of the Philippine National Police, the position left vacant by the
deceased personnel, or permanently incapacitated personnel may be filled without waiting for
the expiration of the six (6) months period earlier mentioned, in which case, the funds out of
which the special financial assistance already received by the family of the deceased or
permanently incapacitated police personnel by the family of the deceased or permanently
incapacitated police personnel shall be replenished out of the emergency savings of the PNP,
upon the direction in writing by the Chief of the Philippine National Police to their respective
treasurers or cashiers: Provided, finally, That, in the event that there are no emergency savings
as provided herein exist, the Regional Director or the Provincial Director, as the case may be,
may request augmentation personnel from other PNP units.

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SEC. 44. Hospitalization Expenses. \f any PNP personnel is injured or wounded or in any
manner suffers any injury in the performance of his official duties, the hospitalization expenses
of such personnel shall be shouldered by the office where he belongs, chargeable against the
salary savings of such office without the need of any appropriation act or ordinance.

SEC. 45. Employment Priority of Dependents. The surviving spouse of the deceased or
permanently incapacitated PNP personnel shall be given priority in employment in a
government agency or office where his/her qualifications are fitted: Provided, that if the spouse
is already employed or not employable or if he/she waives he/she employment privilege, then
an employable son or daughter shall be granted the said privilege.

SEC. 46. Scholarship Privileges for Dependents. All surviving children of the deceased or
permanently incapacitated PNP personnel shall be extended scholarship up to college in a non-
exclusive institution, subject to the policies on the tuition of said institution: Provided, that
dependents of the personnel in active duty may be entitled to seventy-five (75%) percent of the
scholarship granted to dependents of the deceased or incapacitated member, while dependents
of non-uniformed personnel may be entitled to fifty percent (50%) scholarship subject to the
availability of funds; Provided, however, that if funds are not sufficient to support the scholarship
of all qualified dependents, priority shall be given to the dependents of the deceased or
incapacitated PNP personnel than the dependents of their active uniformed and non-uniformed
members.

SEC. 47. Utilization of Firearms License Fees for Scholarship Program. The license fees
collected by the PNP Firearms and Explosive Office shall be used solely for the scholarship
program of the dependents of the police: Provided, that the Chief of the PNP, may utilize part or
some amount of the said funds to other needs of the PNP: Provided, further, that the Chief of
the PNP may generate additional source for scholarship program coming from other fees which
they are authorized to collect to further increase the funds.

SEC. 48, Funds Management and Administration. The said funds collected from the firearms
licensing fees shall be managed and administered by the PNP through the Scholarship Board
composed of a chairman and four (4) other members who shall be designated by the PNP
Chief. The PNP Chief is authorized to invest so much of the fund for the purpose of generating
additional revenue for the benefit of the scholarship program:

SEC. 49. Penalty for Delaying Payments. Any person who unduly delays, refuses or in any
manner prevents the payment of the special financial assistance or the scholarship assistance
defined in this act to the person or persons entitled thereto shall be dismissed from the office if
found guilty in an appropriate administrative case.

SEC. 50. Interpretation. Nothing in this Act shall be construed to prejudice and diminish
whatever benefits PNP personnel is entitled to receive under existing laws.

SEC. 51. Implementing Rules and Guidelines. The NAPOLCOM in coordination with the PNP
and the DILG shall prepare and issue the necessary rules and regulations for the effective
implementation of this act.

Chapter Three
PNP Non-Uniformed Personnel

A. Appointment of Non-Uniformed Personnel

SEC, 52. Human Resource Development for Non-Uniformed Personnel. There shall be
established a Human Resource Development Program at the PNP for non-uniformed personnel
including, but not limited to, the 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.

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

SEC. 53. Screening and Selection for Appointment. Applicants for the non-uniformed
personnel 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 his fitness and competence to assume the
responsibilities of the position to be occupied

SEC. 54, Application of the Civil Service Laws. Except when otherwise provided for in this
Act and in other existing laws, the provisions of Executive Order No. 292 and other Civil Service
Laws shall be made to apply to all non-uniformed personnel of the PNP.

B. Work Benefits

SEC. 55. Hours of Work, Salaries, and Other Remuneration. The non-uniformed personnel
of the PNP shall be provided with benefits and welfare services, as follows:

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 worked shall include: a) all
the time during which NUP is required to work or to be at a prescribed workplace; and b)
all the time during which NUP is permitted to work.

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

©) Longevity Pay. Non-uniformed personnel, regardless of their unit of assignment, 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 goverment, which
shall be computed from the date of his original appointment in the government service:
Provided, That the maximum longevity pay shalll not exceed fifty percent (50%) of the
basic monthly pay.

d) Compensation for Rest Day, Saturday and Sunday, or Holiday. Non-uniformed
personnel shall be paid his/her regular daily wage even during regular holidays. Any
personnel who is required or permitted to work on a regular holiday or in any special
Public holiday, local or national, shall be paid compensation equivalent to twice his/her
regular rate.

e) Hazard Pay. In specific assignments where they are exposed to occupational 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, non-
uniformed personnel shall also be compensated with a special hazard pay equivalent to
at least twenty five (25%) percent of his/her monthly basic salary.

a) h) Medical and Dental Services. An annual compulsory medical examination shall be
provided free of charge to non-uniformed personne! during their tenure of employment.
Non-uniformed personne! shall be accorded with free medical and dental services,
Provided, That the cost shall be included as automatic appropriation in the PNP annual
budget

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D. Fund Appropriation

SEC, 56. Fund Appropriations. To ensure the effective implementation of the provisions of
Chapter Two and Three under this Title, the Congress shall include such necessary funding
necessary to support the foregoing provisions in the PNP annual appropriations.

TITLE Mil
PNP DEVELOPMENT PROGRAM

Chapter One
Career and Personne! Development

SEC. 57. Organizational Career Planning and Management Plan. To hasten
professionalization of the police service, two separate and distinct organizational career
planning and development system shall be established by the NAPOLCOM, in consultation with
the PNP, One system shall solely center on the uniformed personnel, police commissioned and
police non-commissioned officer. 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 members thereof in relation to PNP line personnel,
the following sub-groups in the PNP shall have distinct career management and development
programs: Professional Technical Personnel, such as but not limited to the members of the
Legal, Health, Engineering, Chaplain and Criminology Services; and Internal Affairs Service
Personnel.

The comprehensive organizational career planning and development system shall include
provisions on merit promotions, performance evaluation, in-service training, overseas and local
scholarships, training grants, incentive award system, and other similar services and human
resource development interventions, such as but not limited to, on the job training, counseling,
‘coaching, job rotation, secondment, and job swapping.

SEC. 58, Sustaining the Professionalization of the PNP. To sustain the professionalization of
police personnel, training shall be done intensively and extensively. For this purpose, regional
training academies shall be established and directly managed by the Regional Commanders as
part of their mandate to train all police personnel within a given region.

SEC. 59, Local Training Programs. The PNP shall establish and maintain continuing local
training programs aimed at enhancing the professional growth of PNP personnel. Such local
training programs, undertaken in coordination with other goverment and non-government
agencies, shall provide managerial, technical, administrative and operational courses such as
logistics and fiscal management, including training on professional services and criminal
procedures

SEC. 60. In-service Training. The PNP shall regularly conduct enhancement programs 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.

Such in-service training programs provided for in this section shall include, but not be limited to,
Police Rookies Orientation; Specialized Courses on Investigation, Traffic Enforcement, and
Drug Enforcement; Gender Sensitivity Training; and Firearms Proficiency,

SEC. 61. Moral Recovery Programs. To develop in each member a strong moral fiber, the

PNP shall conduct Moral Recovery Programs, which shall primarily focus on the PNP Code of
Professional Conduct and Ethical Standards.

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SEC. 62. Physical and Mental Fitness Programs. The PNP shall formulate policies and
guidelines on physical fitness and sports development programs and shall conduct periodic
physical fitness test among its personnel

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

Chapter Two
Performance Evaluation

SEC. 63. Performance Evaluation System. There shall be established a performance
evaluation system which shall be administered in accordance with the standards, rules
regulations, and code of conduct promulgated by the Commission for members of the PNP.
Such performance evaluation system shall be administered in such a way as to foster the
improvement of individual efficiency and behavioral discipline as well as the promotion of
organizational effectiveness and respect for the constitutional and human rights of citizens,
democratic principles, and the ideals and supremacy of civilian authority over the military.

Chapter Three
Promotion System

SEC. 64, Rationalized Promotion System. There shall be a system of promotion for uniformed
and non-uniformed personnel of the PNP, which shall be based on merit and fitness. Such
system shall ensure that all members of the PNP, regardless of gender, shall enjoy equal
opportunity for promotion.

It shalll further be observed that:

a. No member of the PNP shall be eligible for promotion to the next higher rank position
unless he had successfully passed a corresponding promotional examination. He must.
have completed the required schooling and training relevant to said position, based on
approved NAPOLCOM Resolutions and other relevant laws;

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

c. Uniformed personnel assigned in remote areas shall be given priority in promotion or
assignment to better areas after exhibiting satisfactory performance of his duties. Their
tour of duties in remote areas shall not exceed two (2) years, except when the exigency
of their assignment is involved, when there are no positions for their transfer, or when
they prefer to stay in such posts in excess of two (2) years.

TITLE IV
DISCIPLINARY MEASURES

SEC. 65. Disciplinary Mechanisms. The PNP shall have a disciplinary mechanism and the
disciplining powers shall be exercised by legitimate disciplinary authorities as provided for in
Republic Act No. 6975, Republic Act No. 8551 and other pertinent jaws and regulations.

SEC. 66. Safeguards in Disciplinary Procedures. \n every disciplinary proceeding, the
uniformed PNP personnel shall have:

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

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39

b) The right to pre-charge investigation in administrative cases;
©) The right to full access to the evidence in the case;

d) The right to defend himself or to be defended by a representative of his own choice or
his organization. Adequate time shall be afforded for the preparation of his defense;

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

f) The right to appeal to designated authorities;

g) The right to claim reimbursement for the reasonable expenses incurred in his defense in
cases of exoneration or dismissal of charges; and

h) Such other rights that ensures faimess and impartiality during proceedings

SEC. 67. Prohibition against Discrimination. Unless otherwise expressly provided by this Act,
existing laws and pertinent rules and regulations, the enjoyment of privileges, rights and welfare
benefits afforded to the PNP personnel shall not be affected by gender, civil status, religion,
political belief, or ethnic group to which one belongs to.

SEC. 68, Complaints and Grievances. Every PNP personnel shall have the right to present his
complaints and grievances to his superior officers for the immediate redress thereof. The
exercise of this right shall not be used as a ground for discrimination nor as bar for the exercise
of other privileges, rights, and benefits afforded by law.

TITLE V
DISABILITY AND DEATH BENEFITS

SEC. 69. Entitlement. The heirs and dependents of a PNP personnel shall be entitled to all
benefits relative to the member's death and/or disability, as provided in this Act and other
existing laws

SEC. 70. Compensation for Physical and Mental Injuries Sustained in the Course of Duty.
A PNP personnel shall be protected against the consequences of employment injuries.
Physical and psychological stresses affecting the health condition of the personnel shall be
recognized as compensable occupational disease in accordance with existing laws.

SEC. 71, 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: Provided, That upon his compulsory
retirement, he shall be entitled to the payment of a retirement pay equivalent to one and one-
fourth (1%) month 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. 72. Disability Benefits. Any member and his 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, 73. Uniformed Member Missing in Action. Any uniformed member who is officially
confirmed to be missing in action while in the performance of his duty or by reason of his being
a member of the police service or is kidnapped or captured by the enemy shall be entitled to
receive the same pay and allowances and other benefits to which he is entitled to at the time of
the incident which gave rise to his disappearance or capture: Provided, That should it be known
later that his disappearance was not on the occasion of a legitimate police activity or without any
authority, the salaries, allowances and other benefits received by him or his immediate heirs,
relatives, and dependents in accordance with this Act and other existing and relevant laws shall
be retumed to the PNP.

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SEC. 74, Payment of Salary and Allowances to the Heirs, Relatives and Dependents of
the Uniformed Member Who is Missing in Action. 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 uniformed member's
monthly salary and allowances and other emoluments to his heirs, relatives and dependents for
their support for a period of one (1) year from the time of his 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 NAPOLCOM shall be presumed dead for all legal intents and purposes after
a period of four (4) years from the date of his reported disappearance or capture.

SEC. 75. Finding of Death and Termination of Payment of Salary and Allowances. Upon
the termination of the one (1) year period as specified in the preceding section, the missing
uniformed personnel shall be automatically terminated. In the event said personnel shall
thereafter be found to have been alive and is not entitled to the benefits paid under the
preceding sections, said benefits shall be reimbursed to the State within six (6) months from the
discovery of the fact or from his reappearance. However, if his continued disappearance was
fraudulent or made in bad faith, he shall, together with his co-conspirators, be prosecuted
according to law.

TITLE VI
FINAL PROVISIONS

SEC. 76. Implementing Rules and Regulations. The NAPOLCOM shall formulate and
prepare the rules and regulations necessary to implement the provisions of this Act. All rules
and regulations shall be liberally construed in favor of the PNP member. Rules and regulations
implementing this Act shall take effect fifteen (15) days after publication in a paper of general
circulation or through any other means the NAPOLCOM shall deem sufficient in order to give
notice to the general public.

SEC. 77. Budgetary Estimates. The PNP Chief shall submit to Congress, through the DILG
Secretary, the annual budgetary estimates to implement the provisions of this Act, which shall
be included in the General Appropriations Act.

SEC. 78. Separability Clause. if any provision of this Act is declared
Unconstitutional or invalid, other parts or provisions hereof not affected thereby shall
continue to be in full force and effect.

SEC. 79. Repealing Clause. All laws, decrees, executive orders, rules and regulations and
other issuances inconsistent with this Act are deemed repealed, amended, or modified
accordingly.

SEC. 80. Effectivity. The provisions of this Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

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