SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE BILL NO. 2962

Introduced by HON. LEOPOLDO N. BATAOIL .

EXPLANATORY NOTE

Article XVI Section 6 of the 1987 Constitution provides that the “State shall establish
and maintain one police force, which shall be national in scope and civilian in character, to be
administered and controlled by a national police commission. The authority of local
executives over the police units in their jurisdiction shall be provided by law.”

Under Section 5 of Republic Act No. 8551 (Philippine National Police Reform and
Reorganization Act of 1998), the National Police Commission (NAPOLCOM) exercises.
administrative control and operational supervision over the Philippine National Police which
‘shall mean the power to (1) develop policies and promulgate a police manual prescribing
rules and regulations for efficient organization, administration, and operation, including
criteria for manpower allocation, distribution and deployment, recruitment, selection,
promotion, and retirement of personnel and the conduct of qualifying entrance promotional
examinations for uniformed members xxx.

f

Clearly, it is the NAPOLCOM which is vested with the power to effectively supervise

and control the Philippine National Police. As such, it is the most competent authority to
determine the qualification for appointment and promotion of police officers.

At present, the appointment of police officers still requires an attestation from the Civil
Service Commission (CSC) which is unduly unnecessary considering that the NAPOLCOM
should already exercise this function.

The appointment and promotion of personnel from other armed services/ law
enforcement agencies in our government no longer require an attestation from the Civil
Service Commission. Thus, it is proposed that this set-up should also be applied to the PNP
considering that there is already a NAPOLCOM which is given such authority.


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Our police officers who offer their lives and limbs to serve and protect our country
should not be restricted with their career advancement as to require a tedious process before
approval of their appointment and promotion

This Bill, therefore, seeks to amend Sections 31 and 96 of Republic Act No. 6975
entitled “An Act Establishing the Philippine National Police under a Reorganized Department
Of the Interior and Local Government, and for other purposes” by removing the requirement
Of attestation from the CSC to expedite government transactions and reduce bureaucratic
red tape and processing time for appointment of police personnel. In addition, considering
that NAPOLCOM has administrative control and operational supervision to the PNP, Civil
Service laws should only have suppletory application to avoid any conflicting issuances that
may affect personnel management or police operations.

In the view of the foregoing, immediate approval of this measure is earnestly sought



SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE BILL NO. 2962

Introduced by HON. LEOPOLDO N. BATAOIL

AN ACT MODIFYING THE ROLE OF THE CIVIL SERVICE COMMISSION IN THE
APPOINTMENT OF UNIFORMED PERSONNEL IN THE PHILIPPINE NATIONAL
POLICE AMENDING SECTIONS 31 AND 91 OF REPUBLIC ACT NO. 6975 ENTITLED
“AN ACT ESTABLISHING THE PHILIPPONE NATIONAL POLICE UNDER A
REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND
FOR OTHER PURPOSES.”

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

SECTION 1. Section 31 of Republic Act No. 6975 is amended to read as follows

“Section 31. Appointment of PNP Officers and Members. — The appointment of the
UNIFORMED PERSONNEL 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 the Chief of the PNP for the national headquarters personnel and
arrested by the National Police Commission;

(b) Inspector to Superintendent ~ Appointed by the Chief of the PNP, as recommended
by their immediate superiors, and attested by the National Police Commission;

(©) Senior Superintendent to Deputy Director General — Appointed by the President
upon recommendation of the Chief of the PNP, with proper endorsement by the Chairman of
the National Police Commission;

(d) Director General — Appointed by the President from among the senior officers down
to the rank of chief superintendent in the service, with proper endorsement by the Chairman
of the National Police Commission, provided, that the Chief of the PNP shall serve a tour of
duty not to exceed four (4) years: provided, further that in times of war or other national
emergency declared by Congress, the President may extend such tour of duty.

PROVIDED HOWEVER, THAT THE PHILIPPINE NATIONAL POLICE SHALL BE
CONSIDERED AS CLOSED-CAREER POSITIONS. PROVIDED FURTHER, THAT THE
APPOINTMENT OF NON-UNIFORMED PERSONNEL SHALL BE GOVERNED BY CIVIL
SERVICE LAWS, RULES AND REGULATIONS.

SECTION 2. Section 91 of Republic Act No. 6975 is amended to read as follows:


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“Section 91. Application of the Civil Service Laws ~ The Civil Service Law and its
implementing rules and regulations shall have suppletory application.”

SECTION 3. implementing Rules and Regulations. ~ The National Police Commission
and the Philippine National Police shall promulgate the necessary rules and regulations for
the effective implementation of this Act.

SECTION 4. Separability Clause. — If, for any reason, any provision of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof which are
not affected thereby shall continue to be in full force and effect.

SECTION 5. Repealing Clause. — All laws decrees, executive orders, rules and
regulations, and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed, amended or modified accordingly.

SECTION 6. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of national circulation

Approved.