FOURTEENTH CONGRESS OF THE REPUBLIC ) 
) 
8 
JijL -7 74 13y 
OF THE PHILIPPINES 
Second Regular Session 
) 
Introduced by Senator Panfilo M. Lacson 
EXPLANATORY NOTE 
Section 38 (a) of Republic Act No. 6975 as amended by Republic Act No. 8551 
provides in part that "no uniformed meniber of the PNP shall be eligible for promotion 
during the pendency of his or her administrative andor cyiminal case or unless he or she 
has been cleared by the People's Law Enforcement Board (PLEB), and the Ofice of the 
Ombudsman of any complaints proffered against him or her, ifany. 
While the purpose of said provision is noble, many unscrupulous individuals had 
abused this provision by using it as a tool of harassment against many members of the 
PNP. The baseless cases filed against some members of our police force by these 
individuals have served only lo hinder their chances of getting the promotion they have 
worked so hard for. To male matters worst, such cases end up being buried in the 
dockets of the adjudicatory agencies in our government without any hope of it seeing the 
light of day. 
As such, this bill seelts to remedy this unfortunate situation affecting many 
members of the PNP by providing a more reasonable rule that protects not only the 
interest of the complainant in the criminal or administrative case but also the PNP 
member who under our laws is still entitled to the presumption of innocence, a right 
enshrined under the 1987 Constitution. 
Under this bill, a member of the PNP can only be denied promotion if there is 
already a finding of probable cause against him or her. Mere filing of an administrative or 
criminal case shall not be a bar for promotion under this proposed legislation. 
In addition thereto, this bill also provides that PNP members who are already in 
the service upon the effectivity of this Act shall also no longer be required to finish a 
baccalaureate degree until their retirement. However, for purposes of promotion, they 
must still comply with the minimum educational requirement for the position or pass the 
equivalent competency test for police non-commissioned officers being administered by 
the National Police Commission. 
In view of the foregoing, immediate enactment of this bill is earnestly requested. 
P 


FOURTEENTH CONGRESS OF THE REPUBLIC ) 
8 JUL -7 
P 4 :w 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
Introduced by Senator Panfilo M. Lacson 
AN ACT 
ADJUSTING 
THE 
REQUIREMENTS 
ON 
EDUCATION 
AND 
FOR 
PROMOTION IN THE PHILIPPINE NATIONAL POLICE AMENDING FOR 
THE PURPOSE REPUBLIC ACT NO. 8551, OTHERWISE KNOWN AS THE 
PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT 
OF 1998 AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House oj.Repvesentatives of the Philippines in 
Congress assembled: 
Section 1. - 
Republic Act No. 855 1 is hereby amended to read as follows: 
Section 30 (i) of Republic Act No. 6975, as amended by Section 14 of 
“Section 30. 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. 
xxx 
(j) For a new applicant, must not be less than twenty-one (21) nor more than thirty 
years of age: PROVIDED, THAT, 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, FURTHER, 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] NO LONGER BE 
REQUIRED TO OBTAIN A BACCALAUREATE DEGREE UNTIL THEIR 
RETIREMENT, BUT FOR PURPOSES OF PROMOTION, MUST 
COMPLY WITH THE MINIMUM EDUCATIONAL REQUIREMENT 
FOR THE POSITION OR PASS THE EQUIVALENT COMPETENCY 
EXAMINATION FOR POLICE NON COMMISSIONED OFFICERS TO 
BE ADMINISTERED BY THE NATIONAL POLICE COMMISSION and 
shall be given one (1) year to satisfy the weight requirement.” 
xxx 
Section 2. - Section 38 (a) of Republic Act No. 6975, as amended by Section 33 
of Republic Act No. 855 1, is hereby further amended to read as follows: 
“Section 38. Promotions - (a) A uniformed member of the PNP shall not 
be eligible for promotion to a higher position or rank unless he or she has 
successfully passed the corresponding promotional examination given by the 
Commission, or the Bar, or the corresponding board examinations for technical 
services and other professions, has satisfactorily completed the appropriate 
accredited course in the PNPA or equivalent training institutions, and has 


satisfactorily passed the required psychiatric / psychological and drug tests. In 
addition, [no uniformed member of the PNP shall be eligible for promotion during 
the pendency of his or her administrative and/or criminal case or unless he or she 
has been cleared by the People’s Law Enforcement Board (PLEB), and the Office 
of the Ombudsman of any complaints proffered against him or her, if any.] 
MERE 
FILING 
OF 
AN 
ADMINISTRATIVE 
OR 
CRIMINAL 
COMPLAINT SHALL NOT BE A BAR FOR PROMOTION; HOWEVER, 
UPON FINDING OF PROBABLE CAUSE, CONCERNED POLICE 
OFFICER SHALL BE INELIGIBLE FOR PROMOTION; PROVIDED, 
THAT, IF THE CASE REMAINS UNRESOLVED AFTER ONE (1) YEAR 
FROM THE DETERMINATION OF PROBABLE CAUSE, THE 
CONCERNED POLICE OFFICER SHALL BE CONSIDERED FOR 
PROMOTION; PROVIDED, FURTHER, THAT SUCH PROMOTION 
SHALL BE GRANTED SUBJECT TO THE CONDITION THAT IN THE 
EVENT HE OR SHE WILL BE HELD GUILTY OR LIABLE FOR THE 
CHARGE, SAID PROMOTION SHALL BE RECALLED WITHOUT 
PREJUDICE 
TO THE IMPOSITION 
OF THE APPROPRIATE 
PENALTIES 
UNDER 
APPLICABLE 
LAWS, 
RULES 
AND 
REGULATIONS.” 
xxx 
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. Such rules and regulations shall 
take effect upon its publication in two (2) newspapers of general circulation. 
Section 4. Separability Clause - If for any reason, any provision of this Act is 
declared lo be unconstitutional or invalid, the other sections or provisions thereof which 
are not affected thereby shall continue to be in MI 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 complete publication in at least two (2) newspapers of general circulation, 
Approved,