Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

H. B. No. 1561

Introduced by HONORABLE ROMMEL RICO T. ANGARA

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

EXPLANATORY NOTE

Art. Il, Sec. 4 and 5 of the 1987 Philippine Constitution states 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 carried out by the 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 personnel.

This 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 to encourage qualified and competent individuals to
join the police force.

PNP personnel assigned in remote or high risk areas are exposed to a different
hazard unusual to peacekeeping, crime prevention and investigation activities will be
compensated with remote assignment allowance and special hardship allowance,
similar to combat pay of the Armed Forces of the Philippines. Immediate families and
beneficiaries of members of the PNP who ceased while in the performance of their
duties will be granted special financial scholarship and employment assistance.

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,
to foster a highly efficient and competent police force.

This proposed Magna Carta seeks to give priority to the police force for their
commitment to maintain peace and order and protect the lives of Filipino people

In view of the foregoing, the passage of this bill is earnestly sought.

ROMMEL ICO T. ANGARA
spresentative
Lone District, Province of Aurora


SecwrdsHAeune

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EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

H. B. No. 1561

Introduced by HONORABLE ROMMEL RICO T. ANGARA

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 One

Preliminary Provisions

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. \t 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, moder, 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 pubiic safety. it sh
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:

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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;

©) 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 ail his rights under the Constitution;

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

g) Supervise and contro! 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 I
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

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subjected to the existing rules and policies of the national headquarters of the PNP and
NAPOLCOM.

A. Classi

ations 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
Police Superintendent

Police Chief Inspector

Police Senior Inspector
Police Inspector

Senior Police Officer IV
Senior Police Officer Ill
Senior Police Officer II
Senior Police Officer |

Police Officer III

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 Nationai Office, the head of the Nationai 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 Nationa! 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 titie 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.

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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 shail 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 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
shail 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;

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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 anew 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;

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.

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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 Chapiains 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
Generai Benefits

A. Status, Salaries and Allowances

SEC. 17. Status of PNP Personnel. The uniformed and non-uniformed personne! 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 personne! 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;

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 shal! 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.

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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 (R300.00) 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 personne! 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 official 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 Aliowance. in 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 eam fifteen (15) days vacation leave credits.

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 ieave with full
pay for seven (7) days, which is not chargeable to his leave credits

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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 maternity 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 shalll 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 personne! shal! 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 (55) 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 aliowed 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 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

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beyond twenty (20) years to a maximum of ninety percent (90%) 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 (5) 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 requiremenis 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 ail uniformed members shail 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

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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.

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 shali 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.

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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
personne! 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.

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 js 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
government, which shall be computed from the date of his original appointment in
the government service: Provided, That the maximum longevity pay shall not
exceed fifty percent (50%) of the basic monthly pay.

dq)

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

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holiday or in any special public holiday, local or national, shall be paid
compensation equivalent to twice his/her regular rate.

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.

h) Medical and Dental Services. An annual compulsory medical examination
shall be provided free of charge to non-uniformed personnel during their tenure
of empioyment. Non-uniformed personnel shali 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 annuai
appropriations.

TITLE tt
PNP DEVELOPMENT PROGRAM

Chapter One
Career and Personnel 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 government 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.

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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.

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 mentai heaith, 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 shall 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

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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 laws
and regulations.

SEC. 66. Safeguards in Disciplinary Procedures. In every disciplinary proceeding,
the uniformed 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;

°)

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

&

) 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;

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

9

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,
fights and weifare 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 personne! 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

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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 returned to the
PNP.

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 Aliowances.
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 formuiate 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

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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. |f 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 repeaied, 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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