Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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Eighteenth Congress
First Regular Session

House Bill No.

Introduced by HON. HENRY S. OAMINAL

EXPLANATORY NOTE

It is a recognized State policy to promote the general welfare and
safeguard the rights of our Philippine National Police. In pursuit of this
national endeavor, it is vital that special attention be given to those who seek
to be future members of our police force, that is, the cadets of the Philippine
National Police Academy (PNPA).

Upholding the best interest of the PNPA cadets will certainly
encourage more willing and able individuals to join our prime law
enforcement agency. This can also translate to better work output and quality
service from our police force.

This legislation envisions to grant upon entry to the PNPA of qualified
cadets the status of government employees of the National Government and
therefore be entitled to salaries and privileges appertaining to the position

Further, this bill seeks to provide PNPA cadets with necessary benefits
in case of death, disability or sickness suffered or acquired by them in the
course of their training akin to that available to the regular PNP personnel

Notably, in contrast to the cadets in the Philippine Military Academy,
the PNPA cadets, who also undergo rigorous trainings and extensive
proficiency tasks, do not enjoy the same benefits and privileges.

In view of the foregoing reasons, the approval of this important
piece of legislation is earnestly sought

2™! District, Misamis Occidental

{CEIVED 2

2 JUL 10 209

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Eighteenth Congress
First Regular Session

HOUSE BILL NO. 1930

Introduced by Honorable Henry S. Oaminal

AN ACT
CONFERRING THE CADETS OF THE PHILIPPINE NATIONAL
POLICE ACADEMY THE STATUS OF A GOVERNMENT
EMPLOYEES AND GRANTING THEM WITH CIVIL SERVICE
ELIGIBILITY AND BENEFITS AND PRIVILEGES

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

SECTION 1. Short Title. - This Act shall be known as the “PNPA Cadet
Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to promote
the general welfare and safeguard the basic rights of every cadet in the
Philippine National Police Academy by providing them the status of a
government employee and granting them civil service eligibility for permanent
appointment in the government service and benefits in order to raise the morale
and welfare of the future police officers of the Philippine National Police which

will hopefully translate to better performance of their duties and responsibilities

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and to continually foster the individual efficiency and organizational
effectiveness of the Philippine National Police.

SEC 3. Definition of Terms. — As used in this Act, the following terms
shall mean:

a) Disability refers to any loss or impairment of the normal functions of
the physical or mental faculties of a uniformed PNP member which reduces or
eliminates his capability to continue with his present employment;

b) Medical officer refers to the NAPOLCOM Medical Officer, PNP
medical officer, medical officer from government hospital or private hospital
accredited by the PNP;

c) National Police Commission (NAPOLCOM) refers to an attached
agency of the Department of Interior and Local Government responsible for the
administration and control of the Philippine National Police;

d) Philippine National Police Academy (PNPA) refers to an academy
established on August 26, 1977 by virtue of Section 19, PD 1184 manned by the
Philippine National Police which is tasked to provide 4-year tertiary education
course with a degree of Bachelor of Science in Public Safety to police
candidates called cadets who are automatically appointed to the rank of Police
Lieutenant upon graduation;

e) Sickness refers to an illness accepted as an occupational disease, or any
illness caused or aggravated by employment/training, subject to proof that the

risk of contracting the same is increased by working conditions; and

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f) Total Permanent Physical Disability refers to any impairment of the
mind or body which renders the disabled uniformed PNP member incapable of
performing substantially the duties of a police officer and which is expected to
be long, continued and of indefinite duration: Provided, That irreparable loss of
the power of speech, or sense of hearing or loss of one or both hands or feet, or
loss of one eye or both eyes, or loss of limbs or brain injury resulting in
incurable imbecility or insanity shall be considered total permanent physical
disability. In all cases, the disability shall be deemed permanent if it has
persisted for a period exceeding 6 months, without fix healing period and
renders the PNP member incapable of performing duties and functions:
Provided, further, That in case the disability is found to be permanent beyond
doubt upon medical examination of said member, the waiting period of 6
months shall no longer be applied.

SEC. 4. Status of PNPA Cadets. — The PNPA cadets upon qualification
and entry are considered as employees of the National Government and shall
draw their salaries therefrom. They shall have a salary of Grade 19 and shall
receive benefits and privileges in conformity with other existing laws.

SEC. 5. Appointment of PNPA Cadets. — The PNPA cadets shall be
granted with civil service eligibility and be given temporary appointment by the
Civil Service Commission and renewable every one year until they graduate. In
case of suspension or turned back, the temporary appointment will be renewed

upon re-entry of the suspended cadet.


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SEC. 6. Total Permanent Physical Disability. — In case of disability or
sickness during training, a PNPA cadet avails the benefits similar to regular
PNP personnel as described in Section 36 of RA 8551. The cadet is entitled to a
separation pay equivalent to one year salary and a lifetime pension which is
80% of the last salary received as duly certified by the National Police
Commission, upon finding and certification by the appropriate medical officer,
that the extent of the disability or sickness renders such cadet unfit or unable to
continue the training.

The one rank higher is not applied and pension shall not incur increase as
the cadet is under 20 years in the service,

a) Benefits of Total Permanent Physical Disability (Napolcom Mc
2011-009). —

1) Reimbursement of reasonable expenses for medicines, medical
attendance, hospital fees, necessary transportation and subsistence;

2) Separation pay equivalent to one year salary; and

3) Lifetime pension which is of 80% of the last salary.

b) Grounds for Compensability:

1) The cadet must have been injured at the place where the training
requires the cadet to be and must have been performing the official
functions;

2) If the injury is sustained elsewhere, the cadet must have been

executing a lawful order from the trainer, or from the superior;

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3) When a cadet is accidentally injured at a point reasonably
proximate to the place of training or while the cadet is going to or coming
from the training;

4) For the sickness to be compensable, it must be the result of
occupational disease aggravated by training. The following are classified
as occupational diseases:

i. Skin cancer;
ii. Cataract leading to blindness;
iii. Rabies;
iv. Tuberculosis and its complications;
v. Poisoning:
1) Carbon dioxide poisoning;
2) Carbon monoxide poisoning:
3) Lead poisoning; and
4) Food poisoning.
vi. Diseases caused by abnormalities in temperature and
humidity:
1) Heart stroke; and
2) Frostbite/Freezing.
vii. Cerebrovascular accidents- as long as it is not due and/or

aggravated by chronic alcoholism or cigarette:

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1) CVA embolism;


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2) CVA thrombosis;
3) CVA thrombo-embolism; and
4) CVA hemorrhage.
viii) Parasitism- Compensability should be based on the principle
of:
1) Greater risk of acquiring the disease in the place of
work than in the place of usual residence;
2) Disease was acquired in endemic areas (i.e., areas
where said disease is prevalent)
ix) Cardiovascular diseases:
1) Acute myocardial infarction; and
2) Congestive heart failure class IV-E.
x) Pneumonia:
1) Viral pneumonia; and
2) Bacterial pneumonia.
xi) Peptic ulcer diseases- as long as it is not due to alcoholism;
xii) All forms of Psychoses/Schizophrenic disorders; and
xiii) Physical traumas resulting in loss of limb/s or its function,
blindness or deafness.
The following are not classified as occupational diseases and subject to

proof that the risk of contracting the same is increased by training:

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a) Viral Hepatitis:


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b) Cancer of the liver;

c) Cancer of the lungs;

d) Cancer of pancreas;

e) Cancer of the stomach and intestine; and

£) Liver cirrhosis and its complications,

c) Who may File for Claim for Disability. — An application for Total
Permanent Physical Disability (TPPD) can be filed by the cadet himself or in
case of incapacity, his duly authorized representative.

d) Where to File Claim. — An application letter for Total Permanent
Physical Disability (TPPD) under oath shall be submitted to the Directorate for
Personnel and Records management (DPRM) thru the Pension Retirement and
Benefits Administration Service (PRBS) for recording and appropriate action.

SEC. 7. Death Benefits. - A PNPA cadet upon death during training

shall avail the benefits similar to regular PNP personnel as described in Sec 76
of RA 6975 and Rule V of NAPOLCOM Memorandum Circular No. 2011-009.
a) Who may File Claim/Application for Death Benefits:
1) Surviving parents; and
2) Surviving brothers and sisters.

b) Where to File Claim. — An application letter under oath for death

benefits shall be filed with the Office of the NAPOLCOM Provincial Officer of

the province or city where the PNPA cadet is stationed or in the Regional Office

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of the Commission having administrative jurisdiction of the deceased PNPA.

cadet.

c) Supporting Documents to a Claim for Death Benefits:
1) Service record issued or duly authenticated by the PNP
Directorate for Personnel and Records Management;
2) Certified copy of latest appointment;
3) Death Certificate issued by the Philippine Statistics Authority;
4) Detailed investigation report of the Director or immediate
superior or supervisor, as the circumstances or cause of death;
5) Clearance from money and property accountability;
6) Certificate of No Marriage (CENOMAR) issued by the
Philippine Statistics Authority; and
7) Official receipts duly registered with the Bureau of Internal
Revenue for reasonable medical and hospitalization expenses, necessary
transportation and subsistence incurred on account of service-connected
disability, purchase of medicines in excess of Php 50.00 shall be
evidenced by doctor’s prescription; and
8) Investigation and Adjudication of the Claim Application:
i) Within 5 days from receipt of the application, the
NAPOLCOM Hearing Officer designated by the NAPOLCOM

Regional Director shall set the hearing of the Claim and shall

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notify the claimant/s, heirs and other persons whose presence in
the investigation is necessary.
In no case, the hearing of the claim be conducted beyond 15 days from
the date of receipt of the application.
ii) Should serious question on the compensability of a claim
arise, the NAPOLCOM Regional Director shall direct the
Technical Service Division to conduct the necessary inquiry,
who shall forthwith submit the corresponding Report. Said
Report shall be attached in the records of the claim and
considered by the hearing officer the Report of Investigation;
iii) Within 15 days from the termination of the investigation,
the Hearing Officer or Investigator shall submit the Report of
Investigation together with the complete records of the claim to
the Regional Director for adjudication;
iv) The Regional Director shall adjudicate the claim within 15
days from receipt of the Report of Investigation; and
v) The claimant shall be immediately furnished a copy of the
adjudication.
d) Benefits. — The following shall be awarded to the beneficiary of
the deceased PNPA cadet:

1) Gratuity equivalent to the deceased PNPA cadet one year basic

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salary:


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2) Burial expenses equivalent to 3 months basic salary of the
deceased;

3) Monthly pension equivalent to 80 percent of the deceased’s
basic salary for a period of five years from the date of death; and

4) Reimbursement of reasonable expenses for medicines, medical
attendance, hospital fees, necessary transportation and subsistence.

SEC. 8. Government Service. — A PNPA cadet shall render service after
graduation two times the number of years of training which is 4 years. The
Cadet should render 8 years government service before the Cadet decides to
resign.

SEC. 9. Disposition of Dismissed PNPA Cadet. — A PNPA cadet when
dismissed for reasons other than violation of Honor Code can automatically join
the PNP: Provided, That, the Cadet is mentally and physically fit. The Cadet
doesn’t need to comply the requirements to be appointed as Patrolman or
Patrolwoman as described in RA 6975 and RA 8551. The Cadet can be
appointed automatically to the rank of Police Corporal and is given 10 years to
complete the baccalaureate degree in case the Cadet is high school graduate or
college undergraduate.

SEC. 10. Implementing Rules and Regulations. — The Philippine
National Police shall, within ninety (90) days after the approval of this Act,
promulgate the necessary rules and regulations for the effective implementation

of this Act and to s (0 NAPOLCOM for approval



SEC. 11. Repealing Clause. — All laws, rules, regulations, orders,
circulars and memoranda inconsistent with this Act are hereby repealed or
modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,