FIRE OFFICER EXAMINATION

SCOPE OF THE EXAMINATION

General Ability (25%) : Verbal, Analytical, Numerical

Specialized Area (75%) :

Fire Suppression (30%)

*Introduction

FIRE
∙ Active principle of burning characterized by the heat and light of combustion ∙ Is a
rapid, self-sustaining oxidation process accompanied by the evolution of heat and
light of varying intensity.
∙ Is a chemical reaction. It is the rapid oxidation of a fuel producing heat and light. ∙ It is
an oxidation taking place with a rate rapid enough to produce heat and light. ∙ Is a
chemical process caused by the combination of one or more substances with
oxygen.
∙ In order to start this chemical process, normally an initial source of heat is required.
During this process, fuel and oxygen are consumed and as a result heat, light,
smoke and toxic gases are produced.

FIRE TETRAHEDRON
For combustion to occur, four components are necessary:
∙ Oxygen (oxidizing agent)
∙ Fuel
∙ Heat
∙ Self-sustained chemical reaction

CLASSES OF FIRE
CLASS A
∙ Fires involving ordinary combustibles such as: wood, paper, cloth, plastics
and rubber.
∙ It can be extinguished with water, water- based agents or foam, and multi
purpose dry chemicals.
∙ Water is usually used by the fire dept.
CLASS B
∙ Fires involving flammable and combustible liquids, gases and greases such
as: gasoline, oils, alcohol, propane and cooking oils.
∙ Common extinguishing agents are carbon dioxide (CO2), regular and multi
purpose dry chemical and foam.

CLASS C
∙ Fires involving energized electrical equipment, which eliminates the use of
water-based agents to put them out.
∙ The recommended method of fighting these fires is to turn-off or disconnect
electrical power and then use an appropriate extinguisher depending on the
 remaining fuel source.
∙ Extinguishing agents includes carbon dioxide (CO2), regular and multi
purpose dry chemical.

CLASS D
∙ Fires involving combustible metals and alloys such as: magnesium, sodium,
lithium, and potassium.
∙ Great case must be used when attempting to extinguish in these types of
fuels.
∙ Extinguishing agents for this class of fire are called dry powders and should
not be confused with dry chemical.

CLASS E
∙ Fires involving high voltage electrical installation and bulk LPG.
∙ This class of fire needs special fire fighting operation by trained personnel.

CLASS K
∙ Is a new classification of fire as of 1998 and involves fires in combustible
cooking fuels such as vegetable or animal oils and fats.
∙ Its fuels are similar to Class B fuels but involves high temperature cooking
oils and therefore have special characteristics.
∙ Class K agents are usually wet chemicals.

CLASSIFICATION OF CAUSES OF FIRE

1. ACCIDENTAL
∙ does not involve deleberate human act to ignite or spread fire into an area
where the fire should not be

2. NATURAL
∙ caused without direct human intervention

3. INCENDIARY
∙ one deliberately set under circumstances in which the person knows the fire
should not be set

4. UNDETERMINED
∙ cause not be proven, classification undetermined

Pre-Fire Planning
Firefighting Techniques and Procedures

BASIC DIVISION OF FIREFIGHTING

∙ PRE- FIRE PLANNING
 The objective of the pre fire planning is to fight the fire before it occurs. It
involves collecting information and using information to plan ahead of time
how fire will be fought if they occurs in various parts of the building.
During inspection information should be obtained on the
following; ∙ The size and construction of the building
∙ The life hazard Fire and smoke travel
∙ The contents of the building
∙ On site fire protection
∙ Ventilation problems
∙ Building access
∙ Hazardous materials
∙ Hazards to firefighters
∙ Utility controls
∙ Salvage
∙ Hose requirements
∙ Water supply

∙ SIZE- UP
Estimate of existing conditions (Personnel, equipment, water supply, life
hazard, time of day, weather, type of occupancy, what is burning and the
size of the fire.)

The size-up commences long before the alarm sounds and continues
throughout the duration of the emergency. For practical purposes it can be
divided into 3 parts - the PRE-ALARM SIZE-UP, RESPONSE SIZE-UP, and
the FIRE GROUND SIZE-UP.

A. PRE-ALARM SIZE-UP
Pre-alarm size-up first manifest itself when any information on the fire
building or its exposure that could affect operations on the fire ground is
initially gathered.
This might have taken place on a previous response to the occupancy,
however it generally occurs during an inspection of the building which is
made prior to the fire.

B. RESPONSE SIZE-UP
Knowing the location of the emergency will provide knowledge as to
the number and types of companies that can be expected.
If the address is in a residential area, at least 2 engines companies
and a truck companies will be received on the first alarm.
∙ initial info about the location
∙ type of occupancy
∙ time of day
∙ weather

C. FIRE GROUND SIZE-UP

Fire ground size-up can be divided into two distinct phases
Preliminary size-up is the immediate estimate of the situation made
by officer in charge of the fire upon arrival. It form a basis for initial
deployment of personnel and equipment and for the calling of additional
 help.
Continuous size-up is the continuous and comprehensive estimate of the
situation as firefighting operations proceeds. Things can change rapidly at a
fire, explosion, and backdraft or flashover can quickly change what
appeared to a controlled situation into a nightmare.

∙ RESCUE
No greater service can be given by any fire department than the saving of a
human life. When fire or other emergency occurs, it is the duty of the fire
department to be equipped to render quick and efficient service.
In order to meet this responsibility, firefighters must keep rescue equipment
in first-class condition and be thoroughly trained in the proper use and
limitations of that equipment.

Rescue Principles, Practices and Equipment

As applied to fire fighting, rescue is the removal of humans from

places involved in fire or other disaster. The factor of life saving or “life
hazard” decides the first or immediate operating procedure at a fire or other
emergency. Rescue is the first consideration to be taken on arrival at a fire.
Therefore, each officer and fire fighter should thoroughly understand the
principles governing rescue.
A careful search should be made when there is any chance of
anyone having failed to escape from the involved building.
It must be remembered that it only takes a small amount of heated
air, smoke or gases to render a person unconscious.
In such places of public assembly as schools, churches, hospitals,
dormitories, theaters, factories and stores, the actual fire is not the only
factor causing a serious rescue problem.

Panic, rather than fire, has been the major cause of death in places of
public assembly. A false shout of fire, the discovery of smoke, some incident
such as an explosion, collapse of part of the building or any other
unexpected event can cause the necessary spark of excitement which can
cause panic.
The best method of panic prevention is for the assembled people to
be trained to perform a well disciplined emergency exit drill.
This is the reason that systematic emergency exit drills should be
conducted. Where it is not possible or practical to train occupants in
emergency exit drills, the only safeguard against panic is for the building to
have adequate exits which conform with the standard.

∙ EXPOSURE
Every fire the firefighter encounters present as an exposure hazard.
Exposures used in the fire service, means any building or material that is
likely to become involve either directly or in directly with existing fire. There
are two types of exposure hazard, INTERIOR and EXTERIOR. The study of
exposure covers the works that necessary to prevent the extension of fire to
the other parts of the involved building or other building or property.
 Ways on which heat may be transmitted:
1. DIRECT CONTACT
2. CONDUCTION
3. RADIATION
4. CONVECTION
COVERING EXPOSURES
The covering of exposures as it applies to fire service consists
completely surrounding the fire with streams so that the fire will be checked
at each possible avenue of extension.
A quick survey by an officer or department member usually
determines at just what joint efforts to combat the fire have to be exerted. If
available, one of the most effective means of covering exposures is by the
use of a “deck gun”.
It can be placed at such point as to reach either the fire building or
the exposed building and, due to easy manipulation of its stream even under
high pressure, it can be quickly switched from side to side as necessity
demands.
Other methods of covering exposures within the building or adjoining
building consist of closing doors, trap doors, and other openings by which the
fire may communicate from one building to another or from one part of a
building to another.
It is very necessary to see that all wall openings of adjoining buildings
are properly protected by fire doors.

∙ CONFINEMENT
As applied to the first service, confinement is that action which is necessary
to contain the fire in the smallest possible area.
Modern air-conditioning systems have introduced a new problem in
confining fires. Non-standard systems may have ducts lined with
combustible material and are not provided with interior automatic fire
shutters.
Such non-standard systems may spread smoke and flames through the
entire building.
The
officer in charge, upon arrival of the department, should note the direction
and velocity of the wind and then determine which is the most likely direction
the fire might extend and take immediate action to halt the progress of the
fire in that direction.
Action
must be taken to prevent high tension wires and electrical equipment from
catching fire, falling and/or endangering life and property.

∙ VENTILATION
The
planned, methodical, and systematic removal of pressure, heat, smoke,
gases and in some cases, even flame from an enclosed area through
predetermined paths.
One way
is by quick extinguishment of the fire for the heat generated can be
 transmitted to expose combustible material, causing the fire to spread. The
success attained however, is dependent upon how far the fire progress, the
rapidity of the burning, the natural barriers to prevent spread, the ability of the
department and available equipment for quick extinguishment.

∙ EXTINGUISHMENT
One way is by quick extinguishment of the fire for the heat generated can be
transmitted to expose combustible material, causing the fire to spread.
The success attained however, is dependent upon how far the fire progress,
the rapidity of the burning, the natural barriers to prevent spread, the ability
of the department and available equipment for quick extinguishment.

∙ SALVAGE
It is the process of applying techniques that minimize damage to contents
and structure during and after fire suppression.

Two (2) Benefits:

1. There would be a considerable reduction in the fire loss.
2. The public relations of the department would be enhance.

Salvage Company Operations:

∙ spreading covers
∙ bagging
∙ diverting and removing water

∙ OVERHAUL
Overhaul is the final task performed by firefighter at the fire scene.
Although the primary objective of overhaul is to ensure that the fire is out, it
generally includes doing whatever is necessary to leave the premises in as
safe and secure as possible.

∙ POST FIRE ANALYSIS

Assisting the fire investigator is a skill that should be second to all
firefighters. The gathering of information from the time of dispatch
throughout the incident should become automatic. Every little detail should
be noted and passed along to the investigator.

Fire investigators are just another part of the team that is attempting to make
this strategy for the owner as tolerable as possible. Determining the cause
and origin of the incident is every firefighter’s duty and, like all of the other
things we do to control an incident, a very important factor.
Firefighters always want to assist and not hinder an investigation or criminal
prosecution. Firefighters have an obligation to make sure that the building is
secured after they have completed all of their operations.

Tools and Equipment and Apparatus

Fire Apparatus - Any fire department emergency vehicles that participate in fire
suppression or other emergency situation
Hose - A fire hose is a high-pressure hose used to carry water or other fire retardant (such
as foam) to a fire to extinguish it.
Nozzle - A nozzle is a device designed to control the direction or characteristics of a fluid
flow (especially to increase velocity) as it exits (or enters) an enclosed chamber or pipe.
Forcible Entry Devices - Devices used to gain entry to secured areas and buildings at fires
and other emergencies
∙ Striking tools
∙ Prying tools
∙ Pushing/Pulling tools
∙ Cutting tools
∙ Through-the-lock

Striking Tools - Used to deliver impact to other tools in order to drive it into place
Can also be used to deliver impact directly to and break the door or lock to be
forced ∙ Sledgehammer
∙ Maul
∙ Ball hammer
∙ Punches
∙ Pick head axe
∙ Flat head axe
∙ Battering ram
Prying Tools - Used to spread apart a door from ts jamb, move objects, or expose a
locking device
∙ Crow bar
∙ Flat bar
∙ Pry bar
∙ Halligan tool
∙ Claw tool
∙ Pry axe
∙ Hydraulic door opener
Pushing/Pulling Tools - Used to open up walls and ceilings, to vent windows, and to pull
up roof boards or other building materials
∙ Pike pole
∙ Plastic hook
∙ Clemens hook
∙ Drywall hook
∙ San Francisco hook
∙ Roofman's hook
Cutting tools - Used to cut away materials and expose the locking device or cut through a
door or wall to accomplish forcible entry
∙ Rotary saw
∙ Ventilation saw
∙ Chain saw
∙ Reciprocating saw
∙ Carpenter's handsaw
 ∙ Keyhole saw
∙ Hacksaw
∙ Coping saw
∙ Through-the-lock
The “K-tool”is designed to pull out lock cylinders and expose the mechanism in order to
open the lock with the various key tools
∙ K-tool
∙ A-tool
∙ Bam-bam tool
∙ Hammer headed pick
∙ Locking pliers and chain
∙ Hockey puck lock breaker
∙ Duck-billed lock breaker
Head Protection (HELMET) - Prevents the head from impact and puncture injuries as well
as from scalding water
Eye Protection - Protects the wearer's eyes from flying solid particles or liquids
Hearing Protection - Limits noise-induced damage to the fire fighter's ears when loud
situations cannot be avoided
Protective hoods - Provides protection of the fire fighter's neck, ears and face but not
covered by healmet or coat from exposure to extreme heat
Protective Coats and Trousers - Used to protect the upper and lower extremities against
cuts, abrasions, and burn injuries resulting from radiant heat and provide limited
protection against corrosive liquids
Feet Protection - Protect the feet from burn injuries and puncture wounds (Safety shoes
and boots)
Hand Protection - Protects the hands from cuts, abrasions, wounds, and burn
injuries Must have enough dexterity (handiness) for proper fit to the wearer
Personal Alert Safety System - Provides life-safety protection by emitting a loud shriek if
the firefighter should collapse or remain motionless for approximately 30 seconds (PAD
Personal Alert Device)
Personal Escape Safety Kit/System - Provides life-safety protection for the firefighter for
fast, reliable means of egress from a burning multi storey structure
Self-Contained Breathing Apparatus (SCBA) - Protects the face and lungs from toxic
smoke and gases, and other products of combustion
Portable Fire Extinguisher - Is a device within its chemical, fluids, and gases for
extinguishing and used for small area of fire
Operating the Fire Extinguisher
P – Pull the pin
A – Aim to the base of fire
S – Squeeze the operating lever
S – Sway side to side

Fire Safety and Prevention (20%)

Fire Code of the Philippines

Republic Act No. 9514

(Approved by PGMA on December 19, 2008)
AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES,
REPEALING PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER PURPOSES −
"Revised Fire Code of the Philippines of 2008".

Definition of Terms
Abatement - Any act that would remove or neutralize a fire hazard.
Administrator - Any person who acts as agent of the owner and manages the use of a
building for him.
Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off
explosives.
Cellulose Nitrate or Nitro Cellulose - A highly combustible and explosive compound
produced by the reaction of nitric acid with a cellulose material.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound
having cellulose nitrate (nitro cellulose) as base.
Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on
fire.
Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum,
rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other
similar materials commonly used in commerce.
Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).
Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with
certain chemicals.
Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to
and extending below the bottom chord of the roof trusses, to divide the underside of the
roof into separate compartments so that heat and smoke will be directed upwards to a
roof vent.
Cryogenic - Descriptive of any material which by its nature or as a result of its reaction
with other elements produces a rapid drop in temperature of the immediate surroundings.
Damper - A normally open device installed inside an air duct system which automatically
closes to restrict the passage of smoke or fire.
Distillation - The process of first raising the temperature in separate the more volatile from
the less volatile parts and then cooling and condensing the resulting vapor so as to
produce a nearly purified substance.
Duct System - A continuous passageway for the transmission of air.
Dust - A finely powdered substance which, when mixed with air in the proper proportion
and ignited will cause an explosion.
Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current
across a space between two conductors or terminals due to the incandescence of the
conducting vapor.
Ember - A hot piece or lump that remains after a material has partially burned, and is still
oxidizing without the manifestation of flames.
Finishes - Materials used as final coating of a surface for ornamental or protective
purposes.
Fire - The active principle of burning, characterized by the heat and light of combustion.
Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks
adequate exits or fire escapes.
Fire Alarm - Any visual or audible signal produced by a device or system to warn the
occupants of the building or fire fighting elements of the presence or danger of fire to
enable them to undertake immediate action to save life and property and to suppress the
fire.
Fire Door - A fire resistive door prescribed for openings in fire separation walls or
partitions.
Fire Hazard - Any condition or act which increases or may cause an increase in the
probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with
fire fighting operations and the safeguarding of life and property.
Fire Lane - The portion of a roadway or publicway that should be kept opened and
unobstructed at all times for the expedient operation of fire fighting units. Fire Protective
and Fire Safety Device - Any device intended for the protection of buildings or persons to
include but not limited to built-in protection system such as sprinklers and other automatic
extinguishing system, detectors for heat, smoke and combustion products and other
warning system components, personal protective equipment such as fire blankets,
helmets, fire suits, gloves and other garments that may be put on or worn by persons to
protect themselves during fire.
Fire Safety Constructions - Refers to design and installation of walls, barriers, doors,
windows, vents, means of egress, etc. integral to and incorporated into a building or
structure in order to minimize danger to life from fire, smoke, fumes or panic before the
building is evacuated. These features are also designed to achieve, among others, safe
and rapid evacuation of people through means of egress sealed from smoke or fire, the
confinement of fire or smoke in the room or floor of origin and delay their spread to other
parts of the building by means of smoke sealed and fire resistant doors, walls and floors.
It shall also mean to include the treatment of buildings components or contents with flame
retardant chemicals.
Flash Point - The minimum temperature at which any material gives off vapor in sufficient
concentration to form an ignitable mixture with air.
Forcing - A process where a piece of metal is heated prior to changing its shape or
dimensions.
Fulminate - A kind of stable explosive compound which explodes by percussion.
Hazardous Operation/ Process - Any act of manufacturing, fabrication, conversion, etc.,
that uses or produces materials which are likely to cause fires or explosions. Horizontal
Exit - Passageway from one building to another or through or around a wall in
approximately the same floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and
arranged for fire fighting.
Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and
connected.
Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and
oxidizers which ignite spontaneously on contact with each other.
Industrial Baking and Drying - The industrial process of subjecting materials to heat for
the purpose of removing solvents or moisture from the same, and/or to fuse certain
chemical salts to form a uniform glazing the surface of materials being treated. Jumper -
A piece of metal or an electrical conductor used to bypass a safety device in an electrical
system.
Occupancy - The purpose for which a building or portion thereof is used or intended to be
used.
Occupant - Any person actually occupying and using a building or portions thereof by
virtue of a lease contract with the owner or administrator or by permission or sufferance of
the latter.
Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It
causes fire when in contact with combustible materials especially under conditions of high
temperature.
Overloading - The use of one or more electrical appliances or devices which draw or
consume electrical current beyond the designed capacity of the existing electrical
system. Owner - The person who holds the legal right of possession or title to a building
or real property.
Oxidizing Material - A material that readily yields oxygen in quantities sufficient to
stimulate or support combustion.
Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is
subjected to pressure prior to discharge into the combustion chamber and/or which
includes fans or other provisions for the introduction of air at above normal atmosphere
pressure into the same combustion chamber.
Public Assembly Building - Any building or structure where fifty (50) or more
people congregate, gather, or assemble for any purpose.
Public Way - Any street, alley or other strip of land unobstructed from the ground to the
sky, deeded, dedicated or otherwise permanently appropriated for public use. Pyrophoric
- Descriptive of any substance that ignites spontaneously when exposed to air. Refining -
A process where impurities and/or deleterious materials are removed from a mixture in
order to produce a pure element of compound. It shall also refer to partial distillation and
electrolysis.
Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat
and delay the spread of fire.
Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities
from pure metals.
Sprinkler System - An integrated network of hydraulically designed piping installed in a
building, structure or area with outlets arranged in a systematic pattern which
automatically discharges water when activated by heat or combustion products from a fire.
Standpipe System - A system of vertical pipes in a building to which fire hoses can be
attached on each floor, including a system by which water is made available to the outlets
as needed.
Vestibule - A passage hall or antechamber between the outer doors and the interior parts
of a house or building.
Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as
well as from the base to the top of the building.

Responsibility for the Enforcement of this Code.

a. Issue implementing rules and regulations, and prescribe standards, schedules of
fees/fire service charges and administrative penalties therefore as provided in the
pertinent provisions of this Code;

b. Reorganize the BFP as may be necessary and appropriate;

c. Support and assist fire volunteers, practitioners and fire volunteer organizations in the
country who shall undergo mandatory fire suppression, inspection, rescue, emergency
medical services and related emergency response trainings and competency evaluations
to be conducted by the BFP. In the case of the Fire practitiones, they shall undergo
mandatory continuous professional education and competency evaluation of their
expertise, knowledge and skills in the area of fire science, engineering and technology to
be conducted by the BFP; The BFP may enter into external party agreements for the
conduct of training, education and evaluation of fire volunteers, practitioners and fire
volunteer organizations, which shall be under the full control and supervision of the BFP:
Provided, however, That during firefighting operations, fire volunteer organizations shall be
under the direct operational control of the fire ground commanders of the BFP;
d. Enter into long term agreement, either through public biddings or negotiations in
accordance with the provisions of Republic Act No. 9184, otherwise known as the
Government Procurement Reform Act of 2003, for the acquisition of fire prevention, fire
protection and fire fighting investigation, rescue, paramedics, hazardous material handling
equipment, supplies, materials and related technical services necessary for the fire
services;

e. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices
and corporations of the government, as well as private institutions, in order to define areas
of cooperation and coordination and delineate responsibility on fire prevention education,
fire safety, fire prevention, fire suppression and other matters of common concern;

f. Call on the police, other law enforcement agencies, and local government assistance to
render necessary assistance in the enforcement of this Code;

g. Designate a fire safety inspector through his/her duly authorized representative, who
shall conduct an inspection of every building or structure within his area of responsibility at
least once a year and every time the owner, administrator or occupant shall renew his/her
business permit or permit to operate; No occupancy permit, business or permit to operate
shall be issued without securing a Fire Safety Inspection Certification (FSIC) from the
Chief, BFP, or his/her duly authorized representative;
h. Inspect at reasonable time, any building, structure, installation or premises for
dangerous or hazardous conditions or materials as set forth in this Code, provided that in
case of single family dwelling, an inspection must be upon the consent of the occupant or
upon lawful order from the proper court. The Chief, BFP or his/her duly authorized
representative shall order the owner/occupant to remove hazardous materials and/or stop
hazardous operation/process in accordance with the standards set by this Code or its
implementing rules or regulations or other pertinent laws;

i. Where conditions exist and are deemed hazardous to life and property, to order
the owner/occupant of any building or structure to summarily abate such hazardous
conditions;

j. Require the building owner/occupant to submit plans and specifications, and other
pertinent documents of said building to ensure compliance with applicable codes and
standards; and

k. Issue a written notice to the owner and/or contractor to stop work on portion of any work
due to absence, or in violation of approved plans and specifications, permit and/or
clearance or certification as approved by the Chief, BFP or his/her duly authorized
representative. The notice shall state the nature of the violation and no work shall be
continued on that portion until the violation has been corrected.

Section 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or
Warning Systems. - As may be defined and provided in the Rules and Regulations,
owners, administrators or occupants of buildings, structures and their premises or facilities
and other responsible persons shall be required to comply with the following, as may be
appropriate:
a. Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP
or his duly authorized representative as prerequisite to the grants of permits and/or
licenses by local governments and other government agencies concerned, for the:

1. Use or occupancy of buildings, structures, facilities or their premises including the

installation or fire protection and fire safety equipment, and electrical system in any
building structure or facility; and

2. Storage, handling and/or use of explosives or of combustible, flammable, toxic

andother hazardous materials;

b. Safety Measures for Hazardous Materials - Fire safety measures shall be required for
the manufacture, storage, handling and/or use of hazardous materials involving: (1)
cellulose nitrate plastic of any kind;
(2) combustible fibers;
(3) cellular materials such as foam, rubber, sponge rubber and plastic
foam; (4) flammable and combustible liquids or gases of any classification;
(5) flammable paints, varnishes, stains and organic coatings;
(6) high-piled or widely spread combustible stock;
(7) metallic magnesium in any form;
(8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane,
ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or
cryogenic materials or poisonous gases as well as material compounds which when
exposed to heat or
flame become a fire conductor, or generate excessive smoke or toxic gases; (9)
blasting agents, explosives and special industrial explosive materials, blasting caps,
black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind,
and plastic explosives containing ammonium salt or chlorate;
(10) fireworks materials of any kind or form;
(11) matches in commercial quantities;
(12) hot ashes, live coals and embers;
(13) mineral, vegetable or animal oils and other derivatives/by
products; (14) combustible waste materials for recycling or resale;
(15) explosive dusts and vapors; and
(16) agriculture, forest, marine or mineral products which may undergo
spontaneous combustion.
(17) any other substance with potential to cause harm to persons, property or
the environment because of one or more of the following: a) The chemical
properties of the substance; b) The physical properties of the substance; c) The
biological properties of the substance. Without limiting the definition of
hazardous material, all dangerous goods, combustible liquids and chemicals are
hazardous materials.

c. Safety Measures for Hazardous Operation/Processes - Fire Safety measures shall

be required for the following hazardous operation/processes:
(1) welding or soldering;
(2) industrial baking and drying;
(3) waste disposal;
(4) pressurized/forced-draft burning equipment;
(5) smelting and forging;
(6) motion picture projection using electrical arc lamps;
(7) refining, distillation and solvent extraction; and
(8) such other operations or processes as may hereafter be prescribed in the Rules
and Regulations.

d. Provision on Fire Safety Construction, Protective and Warning System - Owners,

occupants or administrator or buildings, structures and their premises or facilities, except
such other buildings or structures as may be exempted in the rules and regulations to be
promulgated under Section 5 hereof, shall incorporate and provide therein fire safety
construction, protective and warning system, and shall develop and implement fire
safety programs, to wit:
(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or
standpipe systems and other fire fighting equipment;
(2) Fire Alarm systems;
(3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other
occupancies in the same building;
(4) Provisions for confining the fire at its source such as fire resistive floors and walls
extending up to the next floor slab or roof, curtain boards and other fire containing or
stopping components;
(5) Termination of all exits in an area affording safe passage to a public way or safe
dispersal area;
(6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from
smoke and heat;
(7) A fire exit plan for each floor of the building showing the routes from each other room
to appropriate exits, displayed prominently on the door of such room;
(8) Self-closing fire resistive doors leading to corridors;
(9) Fire dampers in centralized airconditioning ducts;
(10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision for emergency lights to adequately
illuminate exit ways in case of power failure.

Section 8. Prohibited Acts. - The following are declared as prohibited act and omission.
(a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire
safety purposes, such as but not limited to aisles in interior rooms, any part of
stairways, hallways, corridors, vestibules, balconies or bridges leading to a stairway or
exit of any kind, or tolerating or allowing said violations;
(b) Constructing gates, entrances and walkways to buildings components and yards
which obstruct the orderly and easy passage of fire fighting vehicles and equipment; (c)
Prevention, interference or obstruction of any operation of the Fire Service, or of duly
organized and authorized fire brigades;
(d) Obstructing designated fire lanes or access to fire hydrants;
(e) Overcrowding or admission of persons beyond the authorized capacity in movie
houses, theaters, coliseums, auditoriums or other public assembly buildings, except in
other assembly areas on the ground floor with open sides or open doors sufficient to
provide safe exits;
(f) Locking fire exits during period when people are inside the building; (g) Prevention or
obstruction of the automatic closure of fire doors or smoke partitions or dampers;
(h) Use of fire protective of fire fighting equipment of the fire service other than for fire
fighting except in other emergencies where their use are justified;
(i) Giving false or malicious fire alarms;
(j) Smoking in prohibited areas as may be determined by fire service, or throwing of
cigars, cigarettes, burning objects in places which may start or cause fire;
(k) Abandoning or leaving a building or structure by the occupant or owner without
appropriate safety measures;
(l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag
posted or required by the fire service for fire safety in any building, structure or
processing equipment; and
(m) Use of jumpers or tampering with electrical wiring or overloading the electrical
system beyond its designated capacity or such other practices that would tend to
undermine the fire safety features of the electrical system.

Section 9. Violation, Penalties and Abatement of Fire Hazard. - Fire hazards shall be
abated immediately. The Chief, BFP or his/her duly authorized representative, upon the
report that a violation of this Code or other pertinent laws, rules and regulations is being
committed, shall issue notice/order to comply to the owner, administrator, occupant or
other person responsible for the condition of the building or structure, indicating among
other things, the period within which compliance shall be effected, which shall be within
ten (10) to fifteen (15) days after the receipt of the notice/order, depending on the
reasonableness to adequately comply with the same. If, after the lapse of the aforesaid
period, the owner, administrator, occupant or other responsible person failed to comply,
the Chief, BFP or his/her authorized representative shall put up a sign in front of the
building or structure that it is fire hazard. Specifically, the notice shall bear the words
"WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD", which shall remain
posted until such time that the owner, administrator, occupant or other person responsible
for the condition of the building, structure and their premises or facilities abate the same,
but such period shall not exceed fifteen (15) days from the lapse of the initial period given
in the notice/order to comply. Finally, with the failure of the owner, administrator, occupant
or
other person responsible for the condition of the building, structure and their premises or
facilities to comply within the period specified above, the Chief, BFP may issue order for
such abatement. If the owner, administrator or occupant of buildings, structure and their
premises or facilities does not abate the same within the period fixed in said order, the
building, structure, premises or facilities shall be ordered closed by the Chief, BFP or
his/her duly authorized representative notwithstanding any permit clearance or certificate
earlier issued by the local authorities.

Any building or structure assessed and declared by the chief, BFP or his/her duly
authorized representative as a firetrap on account of the gravity or palpability of the
violation or is causing clear and present imminent fire danger to adjoining establishments
and habitations shall be declared a public nuisance, as defined in the Civil Code of the
Philippines in a notice to be issued to the owner, administrator, occupant or other person
responsible for the condition of the building, structure and their premises or facilities. If the
assessed value of the nuisance or the amount to be spent in abating the same is not more
than One hundred thousand pesos (P100,000.00), the owner, administrator or occupant
thereof shall abate the hazard within fifteen (15) days, or if the assessed value is more
than One hundred thousand pesos (P100,000.00), within thirty (30) days from receipt of
the order declaring said building or structure a public nuisance; otherwise, the Chief, BFP
or his/her duly authorized representative shall forthwith cause its summary abatement.
failure to comply within five (5) days from the receipt of the notice shall cause the Chief,
BFP or his/her duly authorized representative to put up a sign in front of the building or
structure, at or near the entrance of such premises, notifying the public that such building
or structure is a "FIRETRAP", which shall remain until the owner, administrator, occupant
or other person responsible for the condition of the building, structure and their premises
or facilities abate the same within the specified period.

Summary abatement as used herein shall mean all corrective measures undertaken to
abate hazards which shall include, but not limited to remodeling, repairing, strengthening,
reconstructing, removal and demolition, either partial or total, of the building or structure.
The expenses incurred by the government for such summary abatement shall be borne by
the owner, administrator or occupant. These expenses shall constitute a prior lien upon
such property.

Section 10. Enforcement of The Lien. - If the owner, administrator or occupant fails to
reimburse the government of the expenses incurred in the summary abatement within
ninety (90) days from the completion of such abatement, the building or structure shall be
sold at public auction in accordance with existing laws and rules. No property subject of
lien under Section 9 hereof, may be sold at a price lower than the abatement expenses
incurred by the government. The property shall be forfeited in favor of the government if
the highest bid is not at least equal to the abatement expenses.

Section 11. Penalties. –

1. Against the private individual:
a) Administrative fine - Any person who violates any provision of the Fire Code or
any of the rules and regulations promulgated under this Act shall be penalized by an
administrative fine of not exceeding Fifty thousand (P50,000.00) pesos or in the
proper case, by stoppage of operations or by closure of such buildings, structures
and their premises or facilities which do not comply with the requirements or by both
such administrative fine and closure/stoppage of operation to be imposed by the
Chief, BFP. Provided, That the payment of the fine, stoppage of operations and/or
closure of such buildings, structures, and their premises or facilities shall
not absolve the violator from correcting the deficiency or abating the fire hazard.
The decision of the Chief, BFP, under this subsection, may be appealed to the
Secretary of the Interior and Local Government. Unless ordered by the Secretary
of the Interior and Local Government the appeal shall not stay the execution of
the order of the Chief, BFP. The decision of the Secretary of the Interior and Local
Government shall be final and executory.

(b) Punitive - In case of willful failure to correct the deficiency or abate the fire
hazard as provided in the preceding subsection, the violator shall, upon conviction,
be punished by imprisonment of not less than six (6) months nor more than six (6)
years, or by a fine of not more than One hundred thousand (P100,000.00) pesos or
both such fine and imprisonment; Provided, however, that in case of a corporation,
firm, partnership or association, the fine and/or imprisonment shall be imposed upon
its officials responsible for such violation, and in case the guilty party is an alien, in
addition to the penalties herein prescribed, he shall immediately be deported;
Provided, finally, that were the violation is attended by injury, loss of life and/or
damage to property, the violator shall be proceeded against under the applicable
provisions of the Revised Penal Code. Any person who, without authority,
maliciously removes the sign that a building or structure is a fire hazard/firetrap
placed by the authorized person in this Code shall be liable for imprisonment for
thirty (30) days or a fine not exceeding One hundred thousand pesos (P100,000.00)
or both in the discretion of the court. Any person, who disobeys the lawful order of
the fire ground commander during a firefighting operation shall be penalized with
imprisonment of one (1) day to thirty (30) days and a fine of five thousand pesos
(P5,000.00).

2. Against the public officer/employee

a) Administrative - The following acts or omissions shall render the public
officer/employee in charge of the enforcement of this Code, its implementing
rules and regulation and other pertinent laws, administratively liable, and
shall be punished by reprimand, suspension or removal in the discretion of
the disciplining authority, depending on the gravity of the offense and without
prejudice to the provisions of other applicable laws:

(1) Unjustified failure of the public officer/employee to conduct

inspection of buildings or structures at least once a year;

(2) Deliberate failure to put up a sign in front of the building or

structure within his/her area of responsibility found to be violating this
Code, its implementing rules and regulations and other pertinent laws,
that the same is a "FIRE HAZARD" or a "FIRETRAP";

(3) Endorsing to the Chief, BFP or his/her duly authorized

representative for the certification, or submitting a report that the
building or structure complies with the standards set by this Code, its
implementing rules or regulations or other pertinent laws when the same
is contrary to fact;

(4) Issuance or renewal of occupancy or business permit without the

fire safety inspection certificate issued by the Chief, BFP or his/her duly
authorized representative;
(5) Failure to cancel the occupancy or business permit after the
owner, administrator, occupant or other person responsible for the
condition of the building, structure and other premises failed to comply
with the notice/order for compliance with the standards set by this
Code, its
implementing rules and regulations and other pertinent laws, within
the specified period;

(6) Failure to abate a public nuisance within fifteen (15) days after
the owner, administrator, occupant or other responsible person failed
to
abate the same within the period contained in the notice to abate;

(7) Abusing his/her authority in the performance of his/her duty

through acts of corruption and other unethical practices; or

(8) Other willful impropriety or gross negligence in the performance

of his/her duty as provided in this act or its implementing rules and
regulations.

b) Punitive - In the case of willful violation involving the abovementioned acts

or omissions enumerated under Section 11 subparagraph 2(A) the public
officer/employees shall, upon conviction, be punished by imprisonment of not
less than six (6) months nor more than six (6) years or by a fine of not more
than One hundred thousand (P100,000.00) or both such fine and
imprisonment: Provided, That where the violation is attended by injury, loss
of life and/or property, the violator shall be proceeded against under the
applicable provisions of the Revised Penal Code.

Section 12. Appropriation and Sources of Income. -

(a) To support the manpower, infrastructure and equipment needs of the fire service of
the BFP, such amount as may be necessary to attain the objectives of the Fire Code shall
be appropriated and included in the annual appropriation of the BFP.

(b) To partially provide for the funding of the fire service the following taxes and fees
which shall accrue to the General Fund of the National Government, are hereby imposed:
(1) Fees to be charged for the issuance of certificates, permits and licenses as provided
for in Section 7 (a) hereof;
(2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings
or structures to be erected, from the owner thereof, but not to exceed fifty thousand
(P50,000.00) pesos, one half to be paid prior to the issuance of the building permit,
and the balance, after final inspection and prior to the issuance of the use and
occupancy permit;
(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings
or structures annually payable upon payment of the real estate tax, except on
structures used as single family dwellings;
(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the
sale of fire, earthquake and explosion hazard insurance collected by companies,
persons or agents licensed to sell such insurances in the Philippines; (5) Two per
centum (2%) of gross sales of companies, persons or agents selling fire fighting
equipment, appliances or devices, including hazard detection and warning systems;
and
(6) Two per centum (2%) of the service fees received from fire, earthquake,
and explosion hazard reinsurance surveys and post loss service of insurance
adjustment companies doing business in the Philippines directly through agents.

Section 13. Collection of Taxes, Fees and Fines. - All taxes, fees and fines provided in this
Code, shall be collected by the BFP. Provided, That twenty percent (20%) of such
collection shall be set aside and retained for use by the city or municipal government
concerned, which shall appropriate the same exclusive for the use of the operation and
maintenance of its local fire station, including the construction and repair of fire station:
Provided, further, That the remaining eighty (80%) shall be remitted to the National
Treasury under a trust fund assigned for the modernization of the BFP.

"Sec. 13-A. Assessment of Fire Code Taxes, Fees and Fines. - The assessment of fire
code taxes, fees and fines is vested upon the BFP. The BFP shall, subject to the approval
of the DILG, prescribe the procedural rules for such purpose.
Sec. 13-B. Collection and Assessment of Local Taxes, Fees and Fines. - The collection
and assessment of taxes, fees and fines as prescribed in the Local Government Code,
except those contained in this Code, shall be function of the concerned local government
units.

Sec. 13-C. Use of Income Generated from the Enforcement of the Fire Code. - The Chief,
BFP is authorized, subject to the approval of the Secretary of the Interior and Local
Government, to use the income generated under the Fire Code for procurement of fire
protection and fire fighting investigation, rescue, paramedics, supplies and materials, and
related technical services necessary for the fire service and the improvement of facilites of
the Bureau of Fire Protection and abatement of fire hazards.

The BFP shall determine the optimal number of equipment, including, but not limited to,
fire trucks and fire hydrants, required by every local government unit for the proper
delivery of fire protection services in its jurisdiction.
In the procurement of fire fighting and investigation supplies and materials, the Bureau of
Product Standards of the Department of Trade and Industry shall evaluate, determine and
certify if the supply to procured conforms to the product standards fixed by the BFP. For
this purpose, the BFP shall submit to the Bureau of Product Standards a detailed set of
product standards that must be complied with in the procurement of fire fighting and
investigation supplies and materials within six (6) months from the effectivity of this act.

Sec. 13-D. Monitoring the Implementation of the Fire Code and the Amount of the Fees
Collected. - The Chief, BFP shall, within six (6) month from the effectivity of this Code,
submit to the Secretary of the Interior and Local Government for his/her approval, a
management tool or mechanism that would ensure effective monitoring of the
enforcement of the Fire Code to include the amount of Fire Code fees collected.

IRR of RA 9514

*NOTES
SECTION 13.0.0.3 JURISDICTION
A. Fines
1. Fines up to thirty thousand pesos (PhP 30,000.00) shall be imposed
by the City/Municipal Fire Marshal having jurisdiction.
2. Fines exceeding thirty thousand pesos but not more than forty
thousand pesos (PhP 40,000.00) shall be imposed by the
Provincial/District Fire Marshal having jurisdiction.
3. Fines exceeding forty thousand pesos up to fifty thousand pesos
(PhP 50,000.00) shall be imposed by the Regional Director having
jurisdiction.
B. Stoppage of Operation/Closure of Buildings
This penalty shall be imposed by the Regional Director upon the
recommendation of the City/Municipal Fire Marshal having jurisdiction
thru channel. The implementation of this order may be delegated to
the Provincial/District Fire Marshal having jurisdiction.
C. Declaration of Public Nuisance
The declaration of a building, structure or facility as a public nuisance
pursuant to Section 9 of RA 9514 shall be made by the Chief, BFP upon
the recommendation of the City/Municipal Fire Marshal having jurisdiction
thru channel.

SECTION 10.2.4.2 CLASSIFICATION OF HAZARD OF CONTENTS

A. The hazard of contents of any building or structure shall be classified as follows:
1. Low Hazard
Those of such low combustibility that no self-propagating fire therein can occur
and that consequently, the only probable danger requiring the use of
emergency exits will be from panic, fumes or smoke or fire from some external
source.
2. Moderate Hazard
Those which are liable to burn with moderate rapidity or to give off a
considerable volume of smoke but from which neither poisonous fumes nor
explosions are to be expected in the event of fire.
3. High Hazard
Those which are liable to burn with extreme rapidity or from which poisonous
gases or explosions are to be expected in the event of fire.

Classification of Occupancy
1. Assembly
2. Educational
3. Health Care
4. Detention & Correctional
5. Residential
6. Mercantile
7. Business
8. Industrial
9. Storage
10. Mixed Occupancies
11. Miscellaneous

Fire Marshals – has descretion on the classifications of buildings 3 or

less storeys bldg – heat resistance = 1hr
4 or more storeys bldg – heat resistance = 2hr
Means of Egress – a continous and unobstructed path of travel (either horizontal or
vertical) from the remotest part of the bldg leading to a public way
3 Distinct Parts of Means of Egress
1. Exit Access – should not be more than 46m; leads to an exit; 61m if w/
sprinklers/emergency lights
2. Exit – separated from all other spaces of bldg/structure by
construction/equipment that provides a protected path of travel to the exit
discharge
3. Exit Discharge

Drills – inculcating safest & fastest way to evacuate a bldg during emergency situations
Exit sign – illuminated
Exit door – self-closing
Exit discharge – between the termination of an exit and a public way
High-rise bldg – 15m and above; 1storey = 3m/4-5m
FDAS – Fire Detection & Alarm System
Sound Alarm – not less than 85 decibels
Strobe Lights – blinkers
Dry Standpipe – orifice 1 ½; connect hose from firetruck to connect to sprinklers Wet
Standpipe – inlet w/ 4inches orifice; has water; mandatory to bldg w/ occupant load of >/=
1000; 4storey & above; school, hospital, detention & correctional

FIRE EXTINGUISHERS FOR DIFFERENT TYPES OF CLASS A HAZARDS

TYPE OF MIN. MAX. TRAVEL MAX. AREA
HAZARD EXTINGUISHER DISTANCE TO (OPEN AREA)
RATING EXTINGUISHER PER
(m) EXTINGUISHER
(m2)

Low 2-A 15 200

Moderate 3-A 12 100

High 4-A 10 75

FIRE EXTINGUISHERS FOR DIFFERENT TYPES OF CLASS B HAZARDS

TYPE OF MIN. MAX. TRAVEL MAX. AREA
HAZARD EXTINGUISHER DISTANCE TO (OPEN AREA)
RATING EXTINGUISHER PER
(m) EXTINGUISHER
(m2)

Low 5-B 10 200

Moderate 10-B 10 100

High 40-B 10 75

Fire Safety Related Codes, NFPA Laws and other BFP

issuances (Building Code, Electrical Code)

Fire Safety Related Codes:

1. Memorandum Circular (MC) No. 2010-017 – Guidelines in the Approval of
Alternative And/Or Remedial Fire Safety Measures
2. MC No. 2010-67 – Repeal of MC 2005-143, dated Dec. 15, 2005, and Titled, “Fire
and Life Safety Assessment Report”
3. MC no. 2011-05 – Intensifying Fire Safety Enforcement in the BFP and
Institutionalizing Standard Processes in the Conduct of Inspection and Defining
Accountabilities of Concerned BFP Personnel in the Inspection and Issuance of
Fire Safety Inspection Certificate
 4. MC No. 2011-06 – Supplemental Guidelines for the Effective Transitory Compliance
from the Old Fire Code (PD 1185) to the New Fire Code of 2008 (RA 9514) Amending
Sec 14.0.0.7 of the Implementing Rules and Regulations of RA 9514
5. MC No. 2009-010 – Submission of Accomplishment Report for Fire Prevention
Activities
6. MC No. 2009-011 – Creation of the Fire Code Implementation Action Group
(FCIAG)
7. MC No. 2009-016 – Training Module for Fire Volunteers, Members of Fire Brigade
and Fire Safety Practitioners
8. MC No. 2009-017 – Guidelines on the Issuance of Certificate of Competency for
Fire Volunteers, Members of Fire Brigades, Fire Safety Practitioners and
Organizations Dealing with Fire Safety
9. MC No. 2009-018 – Guidelines in the Production, Control and Distribution of
Standard Fire Prevention Forms
10.MC No. 2011-007 – Guidelines in the Printing and Production of BFP Warning
Signs 11. MC No. 2011-009 – Supplemental Guidelines in the Printing of Standard Fire
Prevention Forms and Posting of BFP Advocacy Campaign Against Personnel
Directly or Indirectly Participating in the Selling and/or Posing as Agent of Fire 12.MC
No. 2012-06 – Collection of Fire Code Revenues
13.MC No. 2011-73 – Implementing Details of Sec.14.0.0.7 of the IRR of RA 9514
14.MC No. SOP-2012-001 – SOP in the Preparation and Issuance of Inspecton Order,
After Inspection Report and Level of Authority of City/Municipal Fire Station,
Provincial/District Offices and Regional Headquarters in the Conduct of Fire Safety
Inspection
15.MC No. 2009-188 – Guidelines for the Assessment, Collection, Deposit,
Remittance and Utilization of the Fire Code Revenues

BFP Issuances
1. Fire Safety Inspection Clearance
2. Fire Safety Evaluation Clearance
3. Fire Safety Inspection Certificate
4. Certificate of Competency
5. Fire Safety Installation Certificate

ELECTRICAL CODE:
BRANCHES OF ENGINEERING IN THE FIELD OF ELECTRICITY
Electrical Engineering – A field that is concerned with the generation, distribution, and
use of electrical power.
Electronics Engineering – A related branch of the field of electricity devoted to the
processing, communication, and storage of information by electronic means.

EXCERPTS FROM THE PHILIPPINE ELECTRICAL CODE (2000 Edition)

Includes all revisions and additions adopted by the Code Committee indorsed by the
Institute of Electrical Engineers and approved by the Board of Electrical Engineering
Professional Regulations Commission. It supersedes all previous editions dated 1962,
1969, 1980, 1985, and 1992.

Objective: The Philippine Electrical Code have been formulated and developed to
safeguard persons and property from hazards arising from the use of electricity.
Authority: Resolution #57 (Board of Electrical Engineering, PRC) – Adoption of the
Revised Philippine Electrical Code, 2000Ed as part of the rules and regulations governing
the practice of electrical engineering as a referral code

ENFORCEMENT
This code is intended for mandatory application by government bodies exercising legal
jurisdiction over electrical installation.

These government bodies will have the responsibility of implementing the provisions of
this code in deciding on the approval of equipment and materials and for granting the
special permission contemplated in this code, where it is assured that equivalent
objectives can be achieved by establishing and maintaining effective safety.

SCOPE
This Code covers electric conductors, cables, and equipment installed within or on, to or
from:

1. Private and public buildings;

2. Electric generating plants;

3. Industrial plants;

4. Transformer stations;

5. Permanent and temporary sub-stations;

6. Airfields;

7. Railways switchyards;

8. Yards, carnival, parking and other lots;

9. Quarries and mines;

10. Watercrafts;

11. Dockyards;

12. Trailers;

13. Mobile homes;

14. Offshore facilities; and

15. Other premises requiring electrical installations, except aircraft, motor vehicles and
railway rolling stocks.

DEFINITION OF TERMS
1. Accessible (as applied to wiring methods) – Capable of being removed or exposed
without damaging the building structure or finish or not permanently closed in by the
structure or finish of the building.

2. Accessible (as applied to equipment) – Admitting close approach, not guarded by

locked doors, elevation or other effective means.

3. Accessible, readily – Capable of being reached quickly for operation, renewal or

inspection, without requiring those to whom ready access is requisite to climb over or
remove obstacles or to resort to portable ladders.

4. Ampacity – The current in amperes that a conductor can carry continuously under the
conditions of use without exceeding its temperature rating.

5. Amperage – Strength of an electrical current.

6. Appliances – Utilization equipment, generally other than industrial, normally built in

standardized sizes or types, which are installed or connected as a unit to perform one or
more functions.

7. Circuit – The entire course traversed by an electrical current.

8. Branch Circuit - The circuit conductors between the final overcurrent device
protecting the circuit and the outlet/s.

9. Circuit Breaker – A device designed to open and close a current by non-automatic

means and to open the circuit automatically on a predetermined overcurrent without
damage to itself when properly applied within its rating.

10. Closed Circuit – Current is not interrupted and the flow of electricity is

continuous. 11. Open Circuit – When the circuit is interrupted and the current will
stop flowing. 12. Current – Movement or flow of electricity passing through a

conductor.

13. Alternating Current - Current which periodically reverses its direction.

14. Direct Current – Current flowing continuously from one direction.

15. Electric sign – A fixed, stationary or portable electrical illuminated utilization equipment
with words or symbols designed to convey information or attract attention.

16. Emergency light – All lights in theaters or any other building used for public assembly
which is kept lighted continuously while the building is being used to provide safe exit or
entry.

17. Exposed – As applied to live parts, capable of being inadvertently touched or

approach nearer than a safe place or distance by a person.

18. Jumper – A short length of conductor used for connection between terminals or
around a break in a circuit.

19. Junction box – A box with a cover which serves the purpose of joining different run of
wires or cables and is provided with sufficient space for connection or branching of
enclosed conductors.

20. Outlet – A point on the wiring system at which current is taken to supply utilization
equipment.

21. Over current – Any current in excess of the rated current of an equipment or ampacity
of a conductor.

22. Overload - Operation of an equipment in excess of normal full load rating, or of a

conductor in excess of greater ampacity.

23. Service drop – The overhead service conductors from the last pole or other aerial
support to and including the splices, if any, connecting the service entrance conductors at
the building or other structure.

24. Voltage drop – The difference between the magnitude of the sending end voltage and
the receiving end voltage.
 KINDS OF RULES
1. Mandatory Rules – Mandatory rules of this Code are those that identify actions that are
specifically required or prohibited and are characterized by the use of the terms shall and
shall not.

2. Permissive Rules – Those that identify actions that are allowed but not required, and
are normally used to describe options or alternative methods and are characterized by the
use of the terms shall be permitted or shall not be required.

3. Explanatory Materials – Explanatory materials, such as references to other standards,

references to related sections of this Code, or information related to referral Code rule,
are included in this Code in the form of fine print notes (FPN). Fine print notes are
informational only and are not enforceable as requirements of this Code.

EXAMINATION OF EQUIPMENT FOR SAFETY

It is the intent of this Code that factory-installed internal wiring or the construction of
equipment need not be inspected at the time of installation of the equipment, except to
detect alterations or damage, if the equipment has been tested by a qualified testing
laboratory that is recognized as having facilities described above and that requires
suitability for installation in accordance with this Code.

WIRING PLANNING
1. Future Expansion and Convenience – Plans and specifications that provide ample
space in raceways, spare raceways, and additional spaces will allow for future increases
in the use of electricity. Distribution centers located in readily accessible locations will
provide convenience and safety for operation.

2. Number of Circuits in Enclosures – It is provided in this Code that the number of wires
and circuits confined in a single enclosure will minimize the damaging effects from short
circuit or ground fault in the circuit.

PERMITS AND INSPECTION CERTIFICATES

Before starting any installation work, alteration, repair, or extension on any electrical
system, the owner, leaser, operator, occupant, or electrical practitioner shall obtain an
Electrical Permit for buildings, trailers, mobile houses or other premises from the Office of
the Local Building Official and for watercrafts from the Maritime Industry Authority
(MARINA).

REQUIREMENTS FOR APPLICATION OF ELECTRICAL PERMITS

1. Application filed in due form, with following information contained:
Box 1 – Duly qualified Electrical Practitioner.

Box 2 – Professional Electrical Engineer who signed and sealed electrical plans and
specifications.
Box 3 – Duly registered Electrical Contractor with specialty in electrical works. Box 4

– Electrical Practitioner in charge of installation.

Box 5 – Owner/ Authorized Representative.

2. Five (5) sets of complete electrical plans and specifications signed and sealed by
Professional Electrical Engineer.

ISSUANCE OF ELECTRICAL PERMIT

The application, upon receipt, shall be checked immediately by the Local Building Official
or his representative for compliance of requirements. If complied, the electrical permit
shall be issued upon payment of the corresponding fees.

If the project is extensive and require more time for checking and computations of fees,
the issuance of an electrical permit need not be issued immediately. The delay shall be
longer than five (5) working days after which the application, together with the
accompanying plans shall be considered as complying with all the requirements and the
electrical permit shall issued immediately thereafter, upon payment of fees.

POSTING OF ELECTRICAL PERMIT

A copy of the electrical permit shall be posted in a conspicuous location on the job site
and shall not be removed until final inspection and approval of the work shall have been
made.

ELECTRICAL INSPECTIONS
Application for Inspection – An application for inspection shall be filed with the
government authority concerned before preliminary or final inspection is done.

Certificate of Inspection – No electrical installation, alteration and/or addition shall be

connected or reconnected to any power supply or any other source of electrical energy
without a Certificate of Final Inspection/Completion obtained from the government
authority concerned.

SPECIAL PERMITS
Temporary Installation – For temporary electrical installation, the same procedure stated
shall be followed. At the end of the period covered by the certificate of inspection, the
temporary installation shall be removed. Extended use of the temporary installation shall
require a new approved electrical permit.
Reconnection of Disconnected Service – Where service has been cut off for more than
one (1) year, a new certificate of final electrical inspection shall be required before
reconnection.
 Installation Without Permit – Installation of not more than two (2) additional general
purpose branch circuit for lighting and receptacle/convenience outlets may be done
without electrical permit and certificate of final inspection/completion.

Special Permission – Electrical equipment and wiring not specifically covered or

mentioned in the various articles of this Code shall require special permission and
approval of the enforcing government authority concerned prior to installation.

PLANS AND SPECIFICATIONS

Plan Requirements:

1. Location and site plans

2. Legend and symbols.

3. General notes and or specifications.

4. Electrical layout.

5. Schedule of loads.

6. Design analysis.

7. One-line Diagram.

OTHER DETAILS
Exposed Conductors:

1. Means of support and type of insulator.

2. Spacing and clearances.

Private pole installation

LOCATION OF POLES AND CLEARANCES OFPOWER LINES ALONG PUBLIC ROADS

All poles located on public roads shall be covered by Approved Pole Location plan from
the Highway District City/Municipal Engineer.
Poles and transformer supports shall be located not more than 500 mm. inside from the
road right-of-way or property line, and shall not obstruct the sidewalk, pedestrian path
and/or the road drainage canal or structure, existing or proposed.
 Primary lines shall have a minimum vertical clearance of 10 M. from the crown of the
pavement when crossing the highway and 7.5 M. from the top of the shoulder or sidewalk
when installed along the side of the highway or street in a highly urbanized areas.

Secondary, neutral and service lines shall have a minimum vertical clearance of 7.5 M.
from the crown of the road pavement when crossing the highway and from the top of the
shoulder or sidewalk when installed along the side of the highway or street in highly
urbanized areas.

Clearances of Supporting Structures such as Poles, Towers, and others and their guys
and braces measured from the nearest part of the objects concerned:

1. From fire hydrants, not less than 5 M.

2. From Street Corners, where fire hydrants are located, poles and towers shall not be
set so far from the corners as to make necessary the use of the flying taps which are
inaccessible from the poles.

3. From curbs, not less than 150 mm. measured from the curb away from the
roadway.

4. Guy wires and other structures shall in no way be installed as to obstruct

pedestrian and/or vehicular traffic.

ATTACHMENT ON AND CLEARANCES FROM BUILDINGS

Where buildings exceed 15 M. in height, overhead lines shall be arranged where
practicable so that a clear space or zone at least 2 M. wide will be left, either adjacent to
the building or beginning not over 2.5 M. from the building to facilitate the raising of
ladders when necessary for fire fighting.

CLEARANCES OF SERVICE DROPS

Clearances Over Roof: Conductors shall have a clearance of not less than 2.5 M. from the
highest point of roofs over which they pass with the following exceptions:

1. Where the voltage between the conductors does not exceed 300 volts and the roof
has a slope of not less than 100 mm. in 300 mm., the clearance may not be less than 1
M.
 2. Service drop conductors of 300 volts or less which do not pass over, other than a
maximum of 1.2 M. of the overhang portion of the roof for the purpose of terminating at a
through-the-roof service raceway or approved support may be maintained at a minimum
of 500 mm. from any portion of the roof over which they pass.

Clearance from the Ground: Conductors shall have a clearance of not less than 3 M.
from the ground or from any platform or projection from which they might be reached.

Clearance from Building Openings: Conductors shall have a horizontal clearance of not
less than 1 M. from windows, doors, porches, fire escapes, or similar locations and shall
be run at least 500 mm. above the top level of a window or opening.

Service Drop of communication lines, when crossing a street, shall have a clearance
of not less than 5.5 M. from the crown of the street or sidewalk over which it passes.

Service drop of communication lines shall have a minimum clearance of 3.0 M. above
ground at its point of attachment to the building or pedestal.

EMERGENCY SYSTEMS
The provisions of this Section shall apply to the installation, operation and maintenance
of circuits, systems and equipment intended to supply illumination and power in the event
of failure of the normal supply or in the event of accident to elements of a system and
property where such systems or circuits are required by the Fire Code or by any
government agency having jurisdiction.

Emergency systems are generally installed in places of assembly where artificial

illumination is required, such as buildings subject to occupancy by large numbers of
persons, hotels, theaters, sports arenas, hospitals and similar institutions. Emergency
systems provide power for such functions as refrigeration, operation of mechanical
breathing apparatus, ventilation essential to human life, illumination and power for hospital
rooms, fire alarm systems, fire pumps, industrial processes where current interruption
would produce serious hazards, and other similar functions.

INTERPRETATION
The Board of Electrical Engineers, Professional Regulations Commission, shall render
the final decision in the interpretation of any portion of the Philippine Electrical Code in
case of a controversy.

THE NEW NATIONAL BUILDING CODE

IMPLEMENTING RULES AND REGULATIONS

RULE I: GENERAL PROVISIONS

1. Title

1.1 REVISED IMPLEMENTING RULES AND REGULATIONS OF THE NATIONAL

BUILDING CODE OF THE PHILIPPINES (P.D. 1096) referred to as the IRR

2. Declaration of Policy

2.1 To safeguard life, health, property, and public welfare and to provide a framework of
minimum standards and requirements to regulate and control the location of buildings,
site, design, quality of material, construction, use and maintenance.

3. Scope and Application

3.1 Shall cover architectural, civil/structural, electrical, mechanical, sanitary, plumbing,

electronics and interior design. Shall apply to design, location, siting, construction,
alteration, repair, conversion, use, occupancy, maintenance, moving, demolition of and
addition to public and private building and structures except traditional indigenous family
dwellings and economic and socialized housing projects.

3.2 Existing buildings without building permits/certificates of occupancy may be issued

same provided they conform to these rules and regulations

RULE II “ ADMINISTRATION AND ENFORCEMENT

1. Responsibility for Administration and Enforcement “ Secretary of Department of Public

Works and Highways

2. Professional and Technical Assistance “ created the National Building Code

Development Council (NBCDC) with the Board of Consultants (BOC) “ undertake
research and development of building systems to develop suitable guidelines, standards,
upgrade existing IRR and other codes.

3. Fees

1. Bases of assessment
1. Character of occupancy or use of building
 2. Cost of construction “ 10,000/sq.m (A,B,C,D,E,G,H,I), 8,000 (F), 6,000
(J)
3. Floor area
4. Height

4. Administrative Sanctions

4.1 Administrative sanctions for non-compliance of the Code:

4.1.1 Non-issuance, suspension or revocation of permits

4.1.2 Non-issuance, suspension or revocations of certificates of

occupancy 4.1.3 Issuance of Work Stoppage Order or Notice.

4.1.4 Issuance of Order for Discontinuance of Use or Occupancy of Buildings or parts

thereof

5. Abatement and/or demolition of dangerous/ruinous buildings

6. Impositions of administrative fines, surcharges and penalties

5. Grounds for the Non-issuance, Suspension, Revocation of Permit

1. Non-compliance of plans and specifications with the Code
2. Incorrect or inaccurate data or information found in the application
3. Non-compliance with terms and conditions of permit
4. Failure to commence work within one year
5. Abandonment of work for 120 calendar days
6. Unauthorized change in the submitted plans and specifications and in the
type of construction
7. Failure to engage an architect/civil engineer to undertake full time
supervision or failure to keep a logbook of the progress of construction 8.
Failure to submit the original design plans stamped by the BO or the as-built
plans prior to renovation, alteration, conversion or any change affecting
structural stability, architectural presentability and type of construction

6. Grounds for Non-issuance or revocation of Certificates of Occupancy:

1. Non-compliance with terms and conditions of permits
2. Incorrect or inaccurate data or information supplied and incomplete
requirements in the application
3. Failure to submit the logbook, duly notarized Certificate of Completion,
as-built plans and specifications, and building inspection sheets

7. Issuance of Work Stoppage Order or Notice:

 1. Non-compliance with the terms and conditions of permits
2. Unauthorized change, modification or alteration in the approved plans
and specifications or in the type of construction

3. Failure to engage the services of an architect/civil engineer to

supervise construction
4. Erecting, constructing, altering, moving, converting or demolishing
without permit
5. Alteration, addition, repair in buildings constructed before the adoption
of this code without permit
6. Unauthorized change during construction from the approved plans
and specifications

8. Issuance of Order for Discontinuance of Use or Occupancy “ annual inspection

1. Dangerous or Ruinous Building
2. Occupancy of building without a Certificate of Occupancy
3. Change in the existing use or occupancy classification without
Certificate of Change of Occupancy
4. Errors found in the application for Certificate of Occupancy, As-built
plan, Notarized Certificate of Completion and Logbook
5. Maintaining hazardous, dangerous and excessive occupancy loading
beyond the designed capacity of the building

9. Non-conforming Use or Occupancy

1. The use of non-conforming buildings legally authorized under the
Code maybe continued.
2. However, non-conforming buildings cannot be enlarged, increased or
extended to occupy a greater area of land than that already occupied.

10.Abatement/Demolition of Dangerous/Ruinous Building

1. The BO shall order the repair, vacation or demolition of dangerous or ruinous
building. Conditions or defects of dangerous or ruinous buildings:
1. Structural Hazards
2. Fire Hazard
3. Hazardous Electrical Wiring
4. Hazardous Mechanical Installation
5. Inadequate Sanitation/Plumbing and Health Facilities
6. Improper Occupancy and Architectural Eyesore
7. Improper/Unauthorized Location
8. Illegal Construction

RULE III “ BUILDING PERMITS AND INSPECTIONS

1. Building Permits

1.1 No person, firm or corporation shall construct, alter, repair, convert, use, occupy,
move, demolish and add any building without a building permit.
2. Ancillary Permits

2.1.1 Architectural Permit

2.1.2 Civil/Structural Permit

2.1.3 Electrical Permit

2.1.4 Mechanical Permit

2.1.5 Sanitary Permit

2.1.6 Plumbing Permit

2.1.7 Electronics Permit

2.1.8 Interior Design Permit

2.1.9 Other Permits for other professional disciplines

3. Building/Structure Accessory Permits “ accessory parts with very special functions

indicated or implied in the plans and specifications

3.1 Bank and records vaults

3.2 Swimming pools

3.3 Firewalls separate from the building

3.4 Towers

3.5 Silos
3.6 Smokestacks
3.7 Chimneys

3.8 Commercial/industrial fixed ovens

3.9 Industrial kilns/furnaces

3.10 Water/Waste water treatment tanks, septic

vault 3.11 Concrete and steel tank

3.12 Booths, kiosks and stages

3.13 Tombs, mausoleums and niches

3.14 Others

4 Accessory Permits - activities

4.1 Ground preparation and excavation permit 4.2

Encroachment of foundation to public area permit

4.3 Fencing permit for fence exceeding 1.80 m high

4.4 Sidewalk construction permit

4.5 Temporary sidewalk enclosure and occupancy

permit 4.6 Erection of scaffolding permit

4.7 Erecting, repair, removal of sign permit

4.8 Repairs permit
4.9 Raising Permit

4.10 Demolition permit

4.11 Moving permit

4.12 Other

5. Exemption from Building Permits

A building permit shall not be required for the following minor constructions:
Minor Constructions
Sheds, outhouses, greenhouses, childrens playhouses, aviaries, poultry houses and the
like not exceeding six sq.m. completely detached from any building
Addition of open terraces or patios directly on the ground not exceeding twenty sq.m. for
private use
Installation of window grilles
Garden pools, aquarium fish not exceeding five hundred mm in depth and for private use
Garden masonry wall not exceeding 1.20 m in height, footpaths, residential garden walks
and driveways

2. Repair works
1. Repair works not affecting structural members
2. Repair of non-load bearing partition walls
3. Repair of any interior portion of a house not involving addition
or alteration
4. Repair/replacement of doors and windows
5. Repair/replacement of flooring
6. Repair of perimeter fence and walls
7. Repair/replacement of plumbing fixtures, fittings or pipings for
single detached dwellings and duplexes
8. Repair/replacement of defective and deteriorated wires, wiring
devices, fixtures and safety devices provided that no alterations
on the electrical service entrance and the main safety switch or
circuit breaker and without additional circuits to existing
installations for single detached dwellings

6. Requirements

◦ In case the applicant is the registered owner of the lot:

 ▪ Certified true copy of OCT/TCT, on file with the Registry of Deeds ▪
Tax Declaration
▪ Current Real Property Tax Receipt
◦ In case the applicant is not the registered owner of the lot in addition to the
above:
▪ Duly notarized copy of the Contract of Lease or Sale
▪ Duly notarized copy of the Deed of Absolute Sale

3. Five sets of survey plans, design plans, specifications signed and sealed by:
1. Architect, in case of architectural documents
2. Civil Engineer, in case of civil/structural documents
3. Professional Electrical Engineer, in case of electrical documents 4.
Professional Mechanical Engineer, in case of mechanical documents 5.
Sanitary Engineer, in case of sanitary documents
6. Master Plumber, in case of plumbing documents
7. Electronics Engineer, in case of electronics documents
8. Environmental Planner who is also an architect or civil engineer in
case of developmental/environmental documents
9. Interior Designer, in case of interior design documents
10.Geodetic Engineer, in case of lot survey documents

7. Issuance of Building Permit

7.1 When satisfied that the plans and specifications conforms to the requirements of the
Code and its IRR, the BO shall within fifteen days from payment of the required fees,
issue the Building Permit.

2. Non-issuance, Suspension or Revocation of Building Permit

1. Errors found in the plans and specifications
2. Incorrect or inaccurate data or information supplied
3. Non-compliance with the pertinent provisions of the Code and its IRR

3. Terms and Conditions of Permits

1. Submitted plans and specifications shall not be changed, modified or
altered without the approval of the BO.

4. Validity of a Building Permit

1. A building permit shall become null and void if the work is not
commenced within one year and if suspended or abandoned for 120
days.

8. Processing of Application for Certificate of Occupancy

1. The owner shall submit to the BO

1. A duly notarized Certificate of Completion together with the logbook,
 as-built plans and specifications and the Building Inspection Sheet all
signed by the contractor and the architect/engineer who undertook
the full time supervision.
2. As-built plans and specifications signed and sealed by the design
professionals, supervisor and contractor.
3. Changes, alterations and amendatory permit.

RULE IV “ TYPES OF CONSTRUCTION

1.1 Type I “ wood construction

2. Type II “ wood construction with protective fire-resistant materials and one

hour

fire resistive all throughout

3. Type III “ masonry and wood construction and one-hour fire resistive all
throughout
4. Type IV “ steel, iron, concrete, or masonry construction and walls, ceiling and
permanent partitions shall be of incombustible fire-resistive construction 5.
Type V “ four hour fire-resistive throughout

RULE V “ REQUIREMENTS FOR FIRE ZONES

∙ Definition “ Fire zones are areas within which only certain types of
buildings are permitted to be constructed based on their use or
occupancy, type of construction and resistance to fire.
∙ Buildings located in more than one fire zone “ a building located partly in
one fire zone and partly in another shall be considered to be in the more
highly restrictive fire zone, when more than one third of its total floor area
is located in such zone.

RULE VI “ FIRE RESISTIVE REQUIREMENTS IN CONSTRUCTION

∙ Definitions
◦ Fire-resistive rating “ the degree to which a material can withstand fire as
determined by generally recognized and accepted test methods.
◦ Fire-Resistive Time Period Rating “ the length of time a material can
withstand being burned which may be one hour, two hours, three hours,
four hours
 2. Fire-Resistive Regulations
1. Attic access opening shall be provided at the ceiling of a floor of a building
with combustible roof construction “ 600 mm sq.
RULE VII “ CLASSIFICATION AND GENERAL REQUIREMENTS OF BUILDINGS BY
USE OR OCCUPANCY

GROUP A “ RESIDENTIAL (DWELLINGS)

Division A-1 residential buildings for exclusive use of single family occupants

∙ Indigenous family dwelling units

∙ single-detached units
∙ school or company staff housing
∙ church rectories
∙ single family dwellings
∙ churches or similar places of worship
∙ community facilities and social centers
∙ parks, playgrounds, pocket parks, parkways, promenades and playlots ∙
clubhouses and recreational uses such as golf courses, tennis courts
operated by the government or private individuals as membership
organizations for the benefit of their members, families and guests.

Division A-2 residential buildings for the exclusive use of non-leasing occupants not
exceeding 10 persons

∙ single-attached or duplex or townhouse, each privately owned

∙ school dormitories (on-campus)
∙ convents and monasteries
∙ military or pocket barracks
∙ all uses in Division A-1
∙ pre-schools, elementary and high schools with not more than 16 classrooms ∙
outpatient clinics, family planning clinics, lying-in clinics, diagnostic clinics,
medical and clinical laboratories
∙ branch library and museum
∙ steam/dry cleaning outlets
∙ party needs and accessories

GROUP B “ RESIDENTIAL (BUILDINGS/STRUCTURES, HOTELS AND

APARTMENTS) Division B-1

 1. all uses in Divisions A-1 and A-2
2. Leased single detached dwelling unit, cottage with more than one independent unit
and duplexes
3. boarding and lodging houses
4. multiple housing units for lease or for sale
5. townhouses, each privately owned
6. boarding houses
7. accessories, rowhouses, townhouses, tenements and apartments
8. multiple privately-owned condominium
9. hotels, motels, inns, pension houses and apartels
10.private or off-campus dormitories
11. elementary schools and highschools not more than 20 classrooms

GROUP C- EDUCATION AND RECREATION ( INSTITUTIONAL)

Division C-I

∙ amusement halls and parlors

∙ massage and sauna parlors
∙ health studios and reducing salons
∙ billiard halls, pool rooms, bowling alleys and golf club
∙ dancing schools, disco parks, dance and amusement hall
∙ gymnasia, pelota courts and sports complex

Division C-2

∙ educational institutions like schools, colleges, universities, vocational, seminaries,

convents, including school auditoriums, gymnasia, reviewing stands, little theaters,
concert halls, opera houses
∙ seminar/workshop facilities
∙ training centers/facilities
∙ libraries, museums, exhibition halls and art galleries
∙ civic centers, clubhouses, lodges, community centers
∙ churches, mosque, temples, shrines, chapels and similar places of worship ∙
civic or government centers
∙ other types of government buildings

GROUP D GOVERNMENT AND HEALTH SERVICES (INSTITUTIONAL)

Division D-I ( institutional where personal liberties of inmates are restrained or quarters of
those rendering public assistance and maintaining peace and order)
 1. mental hospitals, sanitaria and mental asylums
2. police and fire stations, guard houses
3. jails, prisons, reformatories and correctional institutions
4. rehabilitation centers
5. leprosaria and quarantine station

Division D-2 (institutional buildings for health care)

∙ hospitals, sanitaria and homes for the aged

∙ nurseries for children of kindergarten age or non-ambulatory patients
accommodating more than 5 persons

Division D-3 (institutional for ambulatory patients or children over kindergarten age)

5. nursing homes for ambulatory patients

6. school and home for children over kindergarten age
7. orphanages

GROUP E “ BUSINESS AND MERCANTILE (COMMERCIAL)

Division E-I (business and mercantile where no work is done except change of parts and
maintenance requiring no open flames, welding or use of highly flammable liquids)

∙ all uses in Division B-1

∙ gasoline filling and station
∙ storage garage and boat storage
∙ commercial garage and parking buildings, display for cars, tractors, etc. ∙
bus and railways depots and terminals and offices
∙ port facilities
∙ airports and heliport facilities
∙ all other types of transportation complexes
∙ all other types of large complexes for public services
∙ pawnshops, money shops, photo and portrait studios, shoeshine/repair stands,
retail drugstores, tailoring and dress shops
∙ bakeshops and bakery goods stores
∙ construction supplies and building materials such as electrical and electronic stores,
plumbing supply stores

Division E-2 (business and mercantile in nature)

 ∙ wholesale and retail stores
∙ shopping centers, malls and supermarkets
∙ wet and dry markets
∙ restaurants, drinking and dining establishments with less than one hundred
occupancies
∙ day and night clubs, bars, cocktails

Division E-3 (business and mercantile where no repair work is done except exchange of
parts and maintenance requiring no open flames, welding or use of highly flammable
liquid)

∙ aircraft hangars
∙ commercial parking lots and garages
∙ department stores, shopping malls

GROUP F “ INDUSTRIAL (NON-POLLUTIVE/NON-HAZARDOUS INDUSTRIES AND

NON-POLLUTIVE/HAZARDOUS INDUSTRIES)

Division F-1 (Light industrial)

GROUP G “ STORAGE AND HAZARDOUS INDUSTRIAL (POLLUTIVE/NON

HAZARDOUS INDUSTRIES AND POLLUTIVE/HAZARDOUS INDUSTRIES
ONLY)

Division G-1 (Medium Industrial which shall include storage and handling of hazardous
and highly flammable materials)

Division G-2 (Medium Industrial buildings for storage and handling of flammable materials)

Division G-3 (Medium Industrial buildings for wood working activities, paper cardboard
manufacturers, textile and garment factories)

Division G-4 (Medium Industrial, for repair garages and engine

manufacture) Division G-5 (Medium Industrial for aircraft facilities)

GROUP H “ ASSEMBLY FOR LESS THAN 1,000 (CULTURAL AND/OR RECREATIONAL)

Division H-1 (Recreational, which are assembly buildings with stage and having an
occupant load of less than 1,000.

∙ Theaters and auditoriums

∙ concert hall and opera houses
∙ convention halls
∙ little theater, audio-visual room

Division H-2 (Recreational which are assembly buildings with stage and having an
occupant load of 300 or more)

∙ dance halls, cabarets, ballrooms

∙ skating rinks
∙ cockfighting areas

Division H-3 (Recreational which are assembly buildings with stage and having an
occupant load of less than 300

∙ dance halls, ballrooms

∙ skating rinks

GROUP J

Division J-1 agricultural structures

3. sheds
4. barns
5. poultry houses
6. piggeries
7. hatcheries
8. stables
9. greenhouses
10.granaries

Division J-2 Accessory

∙ private garages, carports

∙ towers and silos, smokestacks and chimneys
 ∙ swimming pools including shower and locker room
∙ stages, platforms and similar structures
∙ pelota, tennis or basketball courts
∙ tombs, mausoleums, niches
∙ fence over 1.80 m high
∙ steel or concrete tanks
∙ aviaries and aquariums and zoo structures
∙ banks and record vaults
3. Occupant loads

1. Determination of occupant load “ the occupant load shall be determined by

dividing the floor area assigned to that use by the unit area per occupant set
forth in Table VIII.3.1 or in the Architectural Code of the Philippines
whichever required more exits.
2. The occupant load of any area having fixed seats shall be determined by the
number of fixed seats installed.

4. Parking Slot, Parking Area and Loading/Unloading Space Requirements “ refer to

attached Table VII.5.1

◦ In computing for parking slots, a fraction of 50% and above shall be considered
as one car parking slot.
◦ In areas where adequate public parking lots/multi-floor parking garages are
available within 200 m of the proposed building, only 30% of parking
requirement need to be provided within their premises.

5. Allowable Maximum Total Gross Floor Area (TGFA)

1. General. The Allowable Maximum Total Gross Floor Area (TGFA) of any
proposed building shall only be as allowed under this Rule
2. TGFA Limitation “ In Table Vii.6.1. the percentages indicated in the 3rd through
8th columns are the percentages of the Total Lot Area (TLA) that may be
used to determine the Allowable Maximum TGFA while the multiplier
numbers 3, 5, 12, 18 and 30 represent the number of storeys.
3. The Allowable Maximum TGFA should not exceed the Allowable Maximum
Volume of Building (AMVB). If exceeded, the Allowable Maximum TGFA
must be adjusted since the AMVB must always prevail.

6. Allowed Height of Buildings/Structures

1. General. The maximum height and number of storeys of proposed building
shall be dependent upon the character of use or occupancy, on the type of
construction, on end-user population density, light and ventilation, width of
road right-of-way, building bulk, off-street cum off-site parking requirements
and local land use plan and zoning regulations.
2. The Building Height Limit (BHL) shall only be as allowed under this Rule or
under the duly approved city zoning ordinance, whichever is more restrictive
(refer to Table VII.7.1)
RULE VIII – LIGHT AND VENTILATION

1. Definitions
1. Maximum Allowable PERCENTAGE OF SITE OCCUPANCY (PSO) “
Maximum Allowable Building Footprint (AMBF) divided by Total Lot Area
(TLA). Percentage of the maximum allowable enclosed floor area of any
building at the ground floor in relation to the TLA. (Table VIII.4.1)
2. Maximum Allowable IMPERVIOUS SURFACE AREA (ISA) “ percentage of
the maximum allowable floor area of any paved, tiled or hardscaped surface
at the ground floor in relation to the TLA.
3. Maximum Allowable Construction Area (MACA) “ the combined total of the
Maximum Allowable PSO and the Maximum Allowable ISA.
4. Maximum Allowable Unpaved Surface Area (USA) “ portion of the lot that
shall remain unpaved and reserved for softscaping/planting
5. Total Open Space Within Lot (TOSL) “ the total open space required for each
type of use.

2. General Provisions
1. Every building shall be designed, constructed and equipped to provide
adequate light and ventilation
2. All buildings shall face a street or public alley or a private street which has
been duly approved.
3. No building shall be altered nor arranged so as to reduce the size of any
room or the relative area of windows to less than that provided for buildings,
or to create an additional room unless it conforms to the requirements of this
Rule.
4. No building shall be enlarged so that the dimensions of the required court or
yard would be less than what is prescribed for such building lot.

3. Percentage of Site Occupancy (PSO)

1. Maximum site occupancy shall be governed by use, type of construction and
height of the building and the use, area, nature and location of the site and
subject to local zoning requirements.

4. Minimum Requirements for Total Open Spaces within Lot (TOSL)

◦ Group A buildings or Residential 1 (R-!) uses shall follow the minimum

yard standards in Table VIII.6.1 to comply with the TOSL.

5. Sizes and dimensions of courts and yards

1. Minimum horizontal dimension of courts and yards shall be not less than two
m. all inner courts shall be connected to a street or yard, either by a
passageway with a minimum width of 1.20 m or by a door through a room or
rooms.
2. Abutments on the side and rear property lines may be allowed provided that
the following requirements are first complied with:
1. Open space as prescribed in Tables VIII.5.1 and VIII.6.1
 2. Window opening as prescribed in Section 10
3. Firewall with a minimum of two hours fire-resistive rating constructed
with a minimum height clearance of 0.40 m above the roof. Fig.
VIII.6.1
4. The required open space shall be located totally or distributed
anywhere within the lot in such a manner as to provide maximum light
and ventilation into the building (Fig. VIII.6.2 to VIII.6.5).
5. Every court shall have a width of not less than 2 m for one or two
storey buildings, however this may be reduced to 1.50 m in case of
quadruplexes, rowhouses with adjacent courts with an area of not
less
than 3.00 sq.m. provided that the separation fence shall not be higher
than 2.00 m. irregularly-shaped lots may be exempted from having a
minimum width of not less than what is required in Table VIII.5.2 and
as shown in Figures VIII.6.6, VIII.6.7, VIII.6.8 and VIII.6.9.
6. For buildings of more than two storeys in height, the minimum width of
the rear or side court shall be increased at the rate of 300 mm for
each additional storey up to the fourteenth storey. For buildings
exceeding 14 storeys in height, the required width of the court shall
be computed on the basis of 14 storeys.

6. Ceiling Heights
1. Habitable rooms provided with artificial ventilation shall have ceiling heights
not less than 2.40m. For buildings of more than 1 storey, the minimum ceiling
height of the first storey shall be 2.70 m, for the second storey, 2.40 m. and
for the succeeding storeys, 2.10 m. Above-stated rooms with natural
ventilation shall have ceiling heights of not less than 2.70m.
2. Mezzanine floors shall have a clear ceiling height of not less than 1.80 m
above and below it.

7. Sizes and Dimension of Rooms

1. Minimum sizes of rooms and their least horizontal dimensions shall be as
follows:
1. Rooms for human habitation “ 6.00 sq.m. with a least dimension of
2.00 m.
2. Kitchen “ 3.00 sq. m. with a least dimension of 1.50 m.
3. Bath and Toilet “ 1.20 sq. m. with a least dimension of 900mm.

8. Window Openings
1. Rooms intended for any use not provided with artificial ventilation shall be
provided with a window with a total free area equal to at least 10% of the
floor area of the room but not less than 1.00 sq.m. Toilet and bath rooms and
laundry rooms shall be provided with window with an area not less than 1/20
of the floor area but not less than 240 sq.mm. Such windows shall open
directly to a court, yard, public street or alley or open watercourse.
2. Eaves, canopies, awnings over required windows shall not be less than 750
mm from the side and rear property lines.
3. There shall absolutely be no openings on/at/within/through all types of
abutments (firewalls) erected along property lines except for permitted vent
wells (3.00 m x 1.50 m).
 9. Roads Right-of-Way (RROW) Access Streets

9.1 No building shall be constructed unless it adjoins or has direct access to public space,
yard or street/road on at least 1 of its sides. All buildings shall face a public street, alley or
a road.

RULE 1X SANITATION
∙ All buildings shall be provided with adequate and potable water supply, plumbing
installation and suitable wastewater treatment or disposal system, storm water
drainage, pest and vermin control, noise abatement device and other measures for
protection and promotion of health of persons occupying the premises and others
living nearby.

RULE X BUILDING PROJECTION OVER PUBLIC STREET

∙ Footings and foundations may be permitted to project into alleys or

streets provided the same shall not obstruct any existing
utilities/services such as power, water, sewer, gas, communication,
and drainage lines
∙ The horizontal clearance between the outermost edge of marquee
and the curb line shall be not less than 300 mm while the vertical
clearance shall be not less than 3.00 m.

RULE XI PROTECTION OF PEDESTRIANS DURING CONSTRUCTION OR

DEMOLITION

∙ No person shall use or occupy a street, alley or public sidewalk for the
performance of work covered by a building permit except in accordance with
the provisions of this Rule.

RULE XII GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS

∙ All buildings shall be placed in or upon private property or duly designated public
land and shall be securely constructed in conformance with the requirements of
this Code.

BFP Citizens Charter, SOP/MC’s on Fire Safety Inspection

Fire Investigation (15%)

The Law on Arson in the Philippines (RPC)
MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
WHEREAS, findings of the police and intelligence agencies of the government reveal that
fires and other crimes involving destruction in Metro Manila and other urban centers in the
country are being perpetrated by criminal syndicates, some of which have foreign
connections;
WHEREAS, the current law on arson suffers from certain inadequacies that impede the
successful enforcement and prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires and other crimes involving
destruction be prevented to protect the national economy and preserve the social,
economic and political stability of the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue
of the powers vested in me by the Constitution, do hereby order and decree as part of the
law of the land, the following:
Section 1. Arson. Any person who burns or sets fire to the property of another shall be
punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.
Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable
or combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to
culture, education or social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property
4. Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping
center, public or private market, theater or movie house or any similar place or
building.
6. Any building, whether used as a dwelling or not, situated in a populated or
congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion
Perpetua shall be imposed if the property burned is any of the following:
1. Any building used as offices of the government or any of its
agencies; 2. Any inhabited house or dwelling;
 3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.
Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson
shall be imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of
the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried out by a group of three
(3) or more persons.
Section 5. Where Death Results from Arson. If by reason of or on the occasion of the
arson death results, the penalty of Reclusion Perpetua to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building or
establishment.
2. If substantial amount of flammable substances or materials are stored within the
building note necessary in the business of the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances
or materials soaked therewith or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a fire, or ashes or traces of any
of the foregoing are found in the ruins or premises of the burned building or
property.
4. If the building or property is insured for substantially more than its actual value at
the time of the issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the
offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects insured and stored in
a building or property had been withdrawn from the premises except in the ordinary
course of business.
6. If a demand for money or other valuable consideration was made before the fire
in exchange for the desistance of the offender or for the safety of the person or
property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by
Prision Mayor in its minimum period.
Section 8. Confiscation of Object of Arson. The building which is the object of arson
including the land on which it is situated shall be confiscated and escheated to the State,
unless the owner thereof can prove that he has no participation in nor knowledge of such
arson despite the exercise of due diligence on his part.
Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised
Penal Code and all laws, executive orders, rules and regulations, or parts thereof,
inconsistent with the provisions of this Decree are hereby repealed or amended
accordingly.
Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof
at least once in a newspaper of general circulation.
Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen
hundred and seventy-nine.

Constitutional Rights of the Accused

1. The right to free access to the courts and adequate legal assistance.

2. The right to be informed of his right to remain silent and to have counsel when under
investigation for the commission of an offense.

3. The right against the use of torture, force, violence, threat, intimidation, or any other
means which vitiates the free will.

4. The right against being held in secret, incommunicado, or similar forms of solitary
detention;

5. The right to bail and against excessive bail.

6. The right to due process of law.

7. The right to presumption of innocence.

8. The right to be heard by himself and counsel.

9. The right to be informed of the nature and cause of the accusation against

him. 10. The right to have speedy, impartial, and public trial.

11. The right to meet the witnesses face to face.

12. The right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf.

13. The right against self-incrimination.

14. The right against detention by reason of political beliefs and

aspirations. 15. The right against excessive fines.

16. The right against cruel, degrading or inhuman punishment.

17. The right against infliction of the death penalty except for heinous

crimes. 18. The right against double jeopardy.

19. The right against ex post facto law and bill of attainder.

Prima Facie Evidence of Arson

Prima Facie evidence of Arson. Any of the following circumstances shall constitute prima
facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building or
establishment.
2. If substantial amount of flammable substances or materials are stored within the
building note necessary in the business of the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances
or materials soaked therewith or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a fire, or ashes or traces of any
of the foregoing are found in the ruins or premises of the burned building or
property.
4. If the building or property is insured for substantially more than its actual value at
the time of the issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the
offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects insured and stored in
a building or property had been withdrawn from the premises except in the ordinary
course of business.
6. If a demand for money or other valuable consideration was made before the fire
in exchange for the desistance of the offender or for the safety of the person or
property of the victim.

Rules of Court

Procedure and Techniques

Identification, Preservation and Handling of Evidence
Other Related Procedure and Techniques

SOP’s on Fire and Arson Investigation

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
Rm 618, 145 Union Square Condominium, 15th Avenue, Cubao, Quezon
City Tel. No. 911-7085 Tel Fax: (02)911-7060
BUREAU OF FIRE PROTECTION
STANDARD OPERATING PROCEDURE
(BFP-SOP) NUMBER: IID 2008-01
OPERATIONAL STANDARDS ON COMPREHENSIVE
FIRE AND ARSON INVESTIGATION
AND FILING OF CRIMINAL COMPLAINT PROCEDURES
I. GENERAL
As mandated by the provisions of Section 50, Rule VIII, Implementing Rules and
Regulations of
Republic Act 6975, otherwise known as the Department of the Interior and Local
Government Act of
1990, stipulates among others that the Bureau of Fire Protection shall have the power to
investigate all
causes of fire and if necessary, file the proper complaint with the City or Provincial
Prosecutor’s Office
which has jurisdiction over the case. The tasks and responsibility of the fire arson
investigators are not
only limited in conducting exhaustive investigations and filing of complaints to the
prosecutor’s office
but also includes the appearance and giving of testimonies before the court of law during
legal
proceedings.
The criminal offense of Arson is punishable under the Revised Penal Code particularly
Articles
320 to 326-B as amended by Presidential Decree 1613, 1744 and Section 10 of Republic
Act 7659
(Heinous Crime Law). As provided by law it is the prosecution who has burden of proof
and the quantum
of evidence is proof beyond reasonable doubt. Once proven, the maximum highest
penalty for its
commission is life imprisonment under the present rule since the abolition of the death
penalty law.
Arson is a classic heinous crime that requires skillful, scientific and systematic
investigation procedure
thus, the respective chiefs of the investigation and intelligence offices of the BFP are
joined closely
supervise the conduct of the investigation in order to attain effective and plausible
results. This BFP Standard Operating Procedure Nr. IID 2008 – 01 shall be known as:
OPERATIONAL
STANDARDS ON COMPREHENSIVE FIRE AND ARSON INVESTIGATION AND FILING
OF CRIMINAL
COMPLAINT PROCEDURES.
II. PURPOSE
A. To have a uniform and systematic procedures in the conduct of fire and arson
investigation
from the BFP National Headquarters down to the lowest investigation and intelligence
units, to
include the prompt submission of fire investigation reports.
B. To have a clear and explicable guidelines in conducting fire and arson investigation and
the filing
of the necessary complaint documents before the office of the City/Provincial Prosecutor.
C. To ensure the quality and value of the investigation being conducted by all BFP fire and
arson
investigators and to expedite the investigation process and disposition of fire and arson
cases.
III. INITIAL ACTIONS DURING FIRE ALARM
During the occurrence of a fire incident, the following initial actions should be assumed by
the
fire arson investigator.
Section 1. – Upon the notification of a fire call or fire incident, the duty Fire Arson
Investigator
(FAI) who has jurisdiction over the location of the fire incident shall mandatory to
immediately respond
at the soonest possible time. The conduct of initial inquiry through interview and elicitation
from all
available witnesses at the fire scene must be done instantaneously.
Section 2. – As soon as the area of origin or the focal point of the fire is ascertained, the
FAI shall
make necessary coordination with BFP firefighting personnel to include the volunteer fire
brigades to
exert diligent and careful efforts in the conduct of fire suppression operation in the
identified AREA OF
ORIGIN to preserve the EVIDENTIAL VALUE and the focal point of the fire that might be
destroyed due to
excessive flooding in the area.
Section 3. – The fire scene should be well protected and secured. Coordination with the
local
police units or barangay personnel should be done in order to secure the fire scene from
looters and
other persons who has intention of entering the burned premises, so as to avoid
contamination of the
fire area.
Section 4. – In the event that the FAI discovered SUSPECTED HAZARDOUS
MATERIALS /
suspected illegal or regulated chemicals, during the conduct of investigation of the burned
premises, the
circumstances shall be immediately reported to proper office ( e.g: BFP Hazardous
Materials Office, or
other law enforcement agency).
Section 5. – Once the Fire Ground Commander (FGC) declared “FIRE OUT” the FAI shall
take
cognizance the responsibilities of PROTECTING and SECURING the whole fire scene by
sealing / closing
the perimeter with barricade tape (Fire Lines). Posting of uniformed BFP personnel for
security purposes
may also be carry out as deemed necessary.
IV. DUTIES OF THE FIRE ARSON INVESTIGATOR
The following are the mandatory duties of the Fire Arson Investigators conducting
thorough investigation on the fire scene:
Section 1. – Shall perform systematic scientific examinations and visual reconstruction of
the
fire scene. This is also to include the COMPLETE DOCUMENTATION AND PROPER
RECORDING of the fire
area by the use of photography, diagrammatic sketch and notes. The diagrammatic sketch
should clearly
depict the FIRE SCENE, its AREA / POINT OF ORIGIN, AREA MEASUREMENTS,
LOCATION OF EVIDENCE
and other important details.
Section 2. – Conduct interview to all witnesses. The interview should be done in
QUESTION AND
ANSWER FORM and shall be done under oath preferably by a person of authority
whenever available, or
be administered by the concerned BFP officer with the rank of INSPECTOR and above.
The authority of a
BFP officer to administer oath is pursuant to the provisions of Chapter III, Section 50 of
R.A. 6975. All
witnesses to be conducted with a formal interview shall be FORMALLY INVITED to the fire
station /
investigation office concerned in a form of INVITATION LETTER. (Please see attached
Invitation Letter for
reference – Annex A)
Section 3. – Conduct THOROUGH ANALYSIS of the fire scene in order to identify the
IGNITION
SOURCE, initial materials ignited and other factors which bring them together to produce
a fire.
Examination of FIRE SPREAD and FIRE PATTERN which includes thermal effects on
materials such as
charring, oxidation, consumption of combustibles, smoke and soot deposits, distortion,
melting effect,
color change, changes of material structure and structural collapse, must be conducted.
Section 4. – Identify, recognize and collect physical evidence found at the fire scene that
have
PROBATIVE VALUE on fire cause determination. Pieces of evidence to be collected shall
be
photographed first and shall be collected in the presence of witnesses independent to the
investigating
body. PROPER DOCUMENTATION, SEALING and PACKAGING of evidence recovered
prior to submission
to Arson Laboratory Section (ALS) – BFP National Headquarters for laboratory
examination shall be
observed.
The FAI shall strictly follow the instructions pertaining to evidence collection and handling
as
stipulated in MEMORANDUM CIRCULAR NR: 2006-01: GUIDELINES IN THE
HANDLING, PRESERVATION,
TRANSPORT AND SUBMISSION OF PHYSICAL EVIDENCE AT THE ALS –
BFP NATIONAL HEADQUARTERS.
(Memorandum Circular Nr. 2006-01 is hereto attached for reference – Annex B) Section
5. – On the first phase of the investigation, the FAI shall prepare the LISTING OF
DOCUMENTS needed to be accomplished / submitted by the fire victim/s, building
occupant/s and other
parties affected by fire. The required documents are as follows: (Please see attached
standard letter for
these requirements for the fire victims – Annex C)
A. Affidavit of Loss pertaining to Fire Damage (itemized and duly
notarized) B. Sworn statement of loss submitted to insurance adjusters /
companies C. Latest complete inventory of stocks prior to the fire incident
D. Complete inventory of salvaged items after the fire incident
E. Complete copies of insurance policies to include
co-insurances F. Income Tax Return (ITR) for the last three (3)
years
G. Financial statements for the last three (3) years
H. Balance sheets for the last three (3) years
I. Mayor’s permit and Business License
J. Occupancy permit
K. Department of Trade and Industry (DTI) registration
L. Securities and Exchange Commission (SEC) registration
M. Latest Fire Safety Inspection Certificate (FSIC)
N. Complete list of employees
O. Approved Floor, Building and Electrical Plans
P. Copy of lease contract agreement
Q. Land title / tax declaration
Section 5.1 – The above listed documents to be secured to the fire victim will vary based
on the
TYPE OF UCCUPANCY or the INVOLVED STRUCTURE gutted by fire. Any other
documents that may be
irrelevant based on type of occupancy may not be required. In addition, the FAI are also
AUTHORIZE TO
REQUIRE any other pertinent documents, materials and items to the fire victims as
determined by the
FAI concerned, that will give support to the conduct of investigation.
Section 6 – The FAI must inform all concerned persons, occupants and managements of
the
burned premises that the fire scene is RESTRICTED TO ENTRY to any person until the
investigation being
conducted by the BFP at the burned premises is COMPLETED and / or
TERMINATED. Any REMOVAL, RETRIEVAL of items stored at the scene of the fire,
DEMOLITION, RECONSTRUCTION and REHABILITATION of the fire scene is only
allowed upon securing approval to the
investigating body through submission of a formal written request by the fire victim. The
said formal written request should contain specific purpose. It should be addressed to the
respective CHIEFS OF THE BFP INVESTIGATION AND INTELLIGENCE OFFICES
through the FIRE ARSON
INVESTIGATOR handling the case. The concerned Chief of the Investigation and
Intelligence Office,
together with his proper recommendation, shall endorse the subject letter request of the
fire victim to
the concerned BFP HEAD OF OFFICE, who shall then issue the PROPERTY
RECOVERY AND CLEARING
PERMIT (PRCP), to the requesting party. (Please see attached standard PRCP format for
reference –
Annex D)
In such case that the fire incident is suspected to be INTENTIONAL in nature, issuance of
PRCP is
temporarily RESTRICTED, until proven otherwise. If the fire incident is found to be
intentional in nature
and case was already filed in the court of law, it will be the discretion of the court handling
the case
whether to issue appropriate document in the clearing or demolition of the burned
premises.
Section 7. – In such event that death results from a fire incident (FATAL FIRES), the
concerned
FAI shall immediately sought the assistance of the Philippine National Police – Scene Of
the Crime
Operation (PNP – SOCO), or any other legal / recognized group for lifting and autopsy of
the cadaver /
body found at the fire / crime scene.
Section 8. – All conduct of follow-up investigation to the fire incident should be covered
with
appropriate Letter / Mission Order signed by the respective BFP Head of Office. (Please
see attached
standard form of Mission Order for reference – Annex E)
Section 9. – All FAI are also directed and mandated to perform any other task as
deemed essential to the development of case build-up and the exhaustive investigation
being conducted.
V. FIRE REPORT CLASSIFICATIONS AND REPORTING SYSTEM A. Spot
Investigation Report (SIR) – Shall be made and accomplished by the FAI
concerned
during the actual response to a fire incident. The SIR should contain basic information
about the fire
incident. (Please see attached standard SIR format for reference – Annex F) All SIR
must be submitted IMMEDIATELY (within 24 hours) to respective Fire Marshals with
copy
furnished the OFFICE OF THE CHIEF, BUREAU OF FIRE PROTECTION, thru fax
message at the office of the
INVESTIGATION AND INTELLIGENCE DIVISION – BFP National Headquarters with
Telephone / Fax
Number: (02) 911-7223, for immediate information and recording purposes. The copy
(original copy / photo copy) of the SIR of all fire incident transpired within the respective
Area Of Responsibility (AOR) shall be consolidate and be submitted thru proper
CHANNEL.
The respective OFFICE OF THE REGIONAL DIRECTOR FOR FIRE PROTECTION shall
then submit the
consolidate SIR to the office of the IID – BFP National Headquarters in BI-MONTHLY
basis (every 15th and
30th day of the month) thru mail courier, for recording and proper disposition. B.
Progress Investigation Report (PIR) – Shall be made and accomplished by the FAI
concerned
after the conduct of follow-up investigation was made. The PIR or any succeeding PIRs
(2nd PIR) shall be
accomplished within 7 to 15 days. (Please see attached standard PIR format for reference
–Annex G)
The copy (original copy / photo copy) of the PIR of all fire incident transpired within
the respective (AOR) shall be consolidate and be submitted thru proper CHANNEL.
The respective OFFICE OF
THE REGIONAL DIRECTOR FOR FIRE PROTECTION shall then submit the consolidate
PIR to the office of
the IID – BFP National Headquarters in BI-MONTHLY basis (every 15th and 30th day of
the month) thru
mail courier, for recording and proper disposition.
C. Final Investigation Report (FIR) – Shall be made and accomplished by the FAI
concerned upon
the completion of the exhaustive investigation. All completed FIR should be signed by the
concerned FAI
and its respective Chief of the Investigation and Intelligence Office. (Please see attached
standard FIR
format for reference – Annex H)
The FIR should be submitted the soonest time the case was resolved by the investigating
office
handling the case. The maximum allowable time for the investigating body to submit the
FIR shall be 30
to 45 DAYS commencing from the first day of investigation. On the given period, the FAI
shall already
come up with a proper RESOLUTION or RECOMMENDATION about the case being
investigated.
For the lower investigating units, the FIR shall be accomplished in five (5) complete
copies for
distribution to:
1. Office of the Chief, BFP thru the office of the Investigation and Intelligence Division,
BFP National Headquarters;
2. Office of the Regional Director for Fire Protection;
3. Office of the District / Provincial Fire Marshal;
4. Office of the City / Municipal Fire Marshals.
The last copy (ORIGINAL or DOCUMENT ORIGINAL) shall remain in the possession of
the FAI
concerned for his own personal copy and for future verification.
No UNDETERMINED cause should be reflected in any FIR.
D. Fire Incident Investigation Report (FIIR) – This kind of investigation report can only
be made in
such circumstances that the investigation report cannot be completed for some reasons
independent to the will of the FAI. (Please see attached standard FIIR format for
reference –
Annex I)
FIIR can only be accomplished in fire cases with UNDETERMINED cause and this kind of
case
should be considered as ON_PENDING INVESTIGATION, subject to REOPENING in
circumstances that
relevant evidence and / or a witness shall surface in the future.
The copy (original copy / photo copy) of the FIIR of all fire incident transpired within the
respective AOR should also be consolidated and be submitted thru proper CHANNEL to
the higher
headquarters in BI-MONTHLY basis (every 15th and 30th day of the Month) thru mail
courier, for
recording and proper disposition.
VI. LEVEL OF AUTHORITY TO CONDUCT INVESTIGATION
Since fire incidents entails damages to property, the level of authority in conducting fire
and
arson investigation and completion of FIR will be based on the degree or the amount and
value of the
total (aggregated) damages incurred in a certain fire incident. These levels of authority are
as follows:
A. Municipal Fire Marshal – Municipal Limit, LEVEL 1 – The municipal level, through
its MUNICIPAL INVESTIGATION AND INTELLIGENCE UNIT (MIIU) shall have the full
responsibility and
power to investigate fire incidents with a total amount of damage not exceeding to Twenty
Million
Pesos (Php 20,000,000.00).
B. City Fire Marshal – City Limit, LEVEL 2 – The city level, through its CITY
INVESTIGATION
AND INTELLIGENCE SECTION (CIIS) shall have the full responsibility and power to
investigate fire
incidents with a total amount of damage not exceeding to Thirty Million Pesos (Php
30,000,000.00).
C. District Fire Marshal – District Limit, LEVEL 3 – The district level, through its
DISTRICT
INVESTIGATION AND INTELLIGENCE BRANCH (DIIB) shall have the full responsibility
and power to
investigate fire incidents with a total damages amounting to above Thirty Million Pesos
(Php
30,000,000.00), but not exceeding to Forty Million Pesos (Php 40,000,000.00). DIIB
operatives can
assume the conduct of investigation on fire incidents with damages amounting to more
than 20 Million
Pesos in Municipal Levels only within their respective jurisdictions.
D. Provincial Fire Marshal – Provincial Limit, LEVEL 3 – The provincial level, through its
PROVINCIAL INVESTIGATION AND INTELLIGENCE BRANCH (PIIB) shall have the full
responsibility and
power to investigate fire incidents with a total damages amounting to above Thirty Million
Pesos (Php
30,000,000.00), but not exceeding to Forty Million Pesos (Php 40,000,000.00). PIIB
operatives can
assume the conduct of investigation on fire incidents with damages amounting to more
than 20 Million
Pesos in Municipal Levels only within their respective jurisdictions.
E. Regional Director for Fire Protection – Regional Limit, LEVEL 4 – The regional
director
for fire protection level, through its REGIONAL INVESTIGATION AND INTELLIGENCE
BRANCH (RIIB) shall
have the full responsibility and power to investigate fire incidents with a total damages
amounting to
above Forty Million Pesos (Php 40,000,000.00), but not exceeding to Sixty Million Pesos
(Php
60,000,000.00).
F. Chief, Bureau of Fire Protection – National, LEVEL 5 – The Chief, Bureau of Fire
Protection, through the office of the INVESTIGATION AND INTELLIGENCE DIVISION –
BFP National
Headquarters (IID) shall have the full responsibility and power to investigate fire incidents
with a total
damages amounting to above Sixty Million Pesos (Php
60,000,000.00). - SPECIAL PROVISIONS ON CHAPTER VI OF THIS
SOP:
Section 1. – In determination of the total damages incurred in a certain fire incident, the
copy of
the AFFIDAVIT OF LOSS (duly notarized and itemized) from the fire victim shall prevail.
The amount of
damages to be determined with regards to the Level of Authority to Conduct Investigation
shall be the
TOTAL AGGREGATED DAMAGES or the TOTAL SUM OF DAMAGES of all fire victims of
the subject fire
incident.
Section 2. – The fire damage estimate made by the investigating team / FAI shall not be
the full
basis for determination of jurisdictional level of investigation. Be it noted that Aggregate
Damages refers
to the total damage of the whole area burned, which will be used to determine the Level of
Authority to
Conduct Investigation. In such circumstances that the damage to property is apparently
high or
evidently beyond the level of authority of the present investigating units, the case shall be
turned-over
to higher investigating unit.
Section 3. – In circumstances that the property gutted by fire is currently insured in any
insurance company, all copy of the duly accomplished SWORN STATEMENT OF LOSS
submitted to the
INSURANCE ADJUSTERS by the fire victim must also FORM PART and be ATTACHED
together with the
AFFIDAVIT OF LOSS submitted by the fire victim to the BFP investigating body.
Section 4. – In connection with the Level of Authority to Conduct Investigation, the
concerned
office handling the investigation of the fire incident shall issue FIRE CLEARANCE
CERTIFICATE (FCC) to the
fire victim in lieu of the Final Investigation Report (FIR), for purposes of insurance claims
and for other
lawful applications. FCC can only be issued to fire incidents which is ACCIDENTAL in
nature. (Please see
attached two forms of FCC, for insurance and non-insurance purpose – Annex J) In
such case that any BUILDING PREMISES WITH MULTIPLE OCCUPANCIES were
gutted by fire,
the FCC should only be issued to the concerned party where the FIRE ORIGINATED.
Other occupants
AFFECTED by the fire incident shall be issued with FIRE INCIDENT CERTIFICATION
(FIC) for their record
purposes and other legal use upon request. (Please see attached two forms of FCC, for
insurance and
non-insurance purpose – Annex K)
Section 5. – Issuance of the copy of the FIR to any concerned party can only be allowed
in
circumstances that RELEVANT LEGAL ISSUES and or QUESTIONABLE MATTERS may
arise. The request for
FIR should be made in writing by the requesting party and should be addressed to
respective Chiefs of
BFP Offices / Fire Marshals who handled the conduct of investigation on the fire incident
for their
appropriate action.
Section 6. – All written request for a copy of the FIR should COPY FURNISHED the
Chief, Bureau
of Fire Protection with attention to the office of the IID – BFP National Headquarters, for
documentary
reference.
VII. TURN OVER OF INVESTIGATION TO HIGHER HEADQUARTERS Once a fire
incident could be determined by the investigating body to be beyond their Level of
Authority to Conduct Investigation, the Conduct of Investigation, the conduct of
investigation should be
immediately turned-over to the proper office concerned in a form of ENDORSEMENT,
together with the
SIR and or PIR, to include all pertinent documents / attachments. (Please see attached
standard
Endorsement form for reference – Annex L)
Any other recognized investigating body of the government cannot INTERCEDE in the
conduct of
fire and arson investigation without formal communication to the concerned office
handling the
investigation. The intercession of any investigating body of the government should have
LEGAL
AUTHORITY in order to be allowed to conduct LATERAL INVESTIGATION in the
investigation being
conducted by the BFP. In case that a CONTROVERSY INVOLVED and / or
CONCERNING TO CONFLICTING
ISSUES arises in the conduct of investigation, subject fire incident case shall be turned
over to the NEXT
LEVEL OF INVESTIGATING BODY for appropriate action and disposition. However, lower
investigating
units are fully encouraged to resolve fire cases that fall within their respective Level of
Authority.
In case that a fire incident resulted to a GREAT NUMBERS OF FATALITY / MULTIPLE
DEATHS
(death of 10 persons and above), or any other issues concerning to the death of the fire
victims, the
investigation of the subject fire incident upon the approval of the Chief BFP, should be
turned over to
the office of the IID – BFP National Headquarters for appropriate action. Any other fire
incidents shall be immediately turned over to the higher headquarters for investigation
and completion of the Final Investigation Report upon the written order and direction of
the Chief, Bureau of Fire Protection.
VIII. FILING OF COMPLAINT PROCEDURE
If a prima facie evidence of arson is established or the case is suspected to be
INTENTIONAL in
nature, the FAI concerned with the guidance of their respective City / Municipal Fire
Marshal, should
IMMEDIATELY file the appropriate charge to the prosecutors office who has jurisdiction
over the case
and the same must also be reported to the IID, BFP National Headquarters for further
appropriate
disposition and guidance. (Please see attached Complaint Sheet for reference – Annex
M)
Whenever death results in any fire incident identified to be INTENTIONAL in nature, the
MOTIVE
for the commission of arson must immediately established in order to ascertain whether a
crime of
MURDER qualifies. Murder cases committed thru the burning of one’s property may be
referred to the
Philippine National Police for proper disposition. However, the FAI should still pursue the
filing of the
arson case.
The FAI can immediately effect arrest on any suspect/s once such person is / are
POSITIVELY
IDENTIFIED by a complaint or witnesses to be the one who perpetrated the commission
of the crime
during the course of actual investigation, most specifically during the event of the actual
fire incident,
and in accordance with the law.
The following rights of the arrested suspect shall be observed by the FAI during
CUSTODIAL
INVESTIGATION as embodied under the provisions of R.A. 7438. The suspect shall be
apprised of his
constitutional rights in accordance to Section 12, Article III, 1987 Constitution, to wit: a.
Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent;
b. To have competent and independent counsel preferably of his own choice; c. If the
person cannot afford to the services of counsel, he must be provided with one; d. These
rights cannot be waived except in writing and in the presence of a counsel. All suspects,
once arrested / invited by the FAI and determined to have the probability to commit the
crime must immediately be INQUEST to the city / municipal prosecutor before the lapse
of
thirty six (36) hours or the legal regulated period.
The following are the special / supplemental guidelines for FAI in conducting arson
investigation
and filing of complaint procedures:
- Arson is established by proving the corpus delicti, usually in the form of
CIRCUMSTANCIAL
EVIDENCE such as the criminal agency, meaning the substance used, like gasoline,
kerosene, or other
combustible materials which caused the fire. It can also be in the form of electrical wires,
mechanical,
chemical or electronic contrivance designed to start a fire; or ashes or traces of such
objects which are
found in the ruins of the burned premises.
- If the crime of ARSON was employed by the offender as a means to kill the offended
party, the
crime committed is MURDER. The burning of the property as the MEANS to kill the victim
is what is
contemplated by the word “fire” under Article 248 of the Revised Penal Code which
qualifies the crime
to MURDER.
- When the burning of the property was done by the offender only to cause damage but
the ARSON resulted to the DEATH of the person, the crime committed is still ARSON
because the death of
the victim is a mere CONSEQUENCE and not the INTENTION of the offender. -
There is no special complex crime of ARSON WITH HOMICIDE. What matters in
resolving cases
involving arson is the CRIMINAL INTENT of the offender.
- When the burning of one’s property results from reckless imprudence and it leads to
serious
physical injuries and / or damage to property of another, the penalty to be imposed shall
not be for the
crime of arson under P.D. 1613 but rather, the penalty shall be based on Article 365 of the
Revised Penal
Code as a felony committed by means of culpa – imprudence and negligence. (e.g.
Reckless Imprudence
Resulted to Damage to Property / Reckless Imprudence Resulted to Serious Physical
Injuries)
IX. GENERAL RESPONSIBILITIES
Section 1. – The respective Regional Directors for Fire Protection / District and Provincial
Fire
Marshals / City and Municipal Fire Marshals shall supervise the proper implementation of
this Standard
Operating Procedure to ensure that their subordinates will comply and respond effectively
to the
requirements as stipulated in this Standard Operating Procedure.
Section 2. – City / Municipal Fire Marshals shall seek assistance from their respective
District /
Provincial / Regional Investigation and Intelligence Offices or at the office of the
Investigation and
Intelligence Division – BFP National Headquarters, if deemed needed. Section 3. –
As the highest fire and arson investigating agency of the Bureau of Fire Protection,
the Office of the Investigation and Intelligence Division – BFP National Headquarters shall
have the
authority to monitor, evaluate, conduct of arbitrary verification to the fire cases and
investigation
procedures conducted by the lower investigating units of the BFP. The aforementioned
office may also
be sought to provide technical knowledge, assistance, suggestions and recommendations
to lower
investigating units of the BFP.
X. RESCISION CLAUSE
All publications, memoranda and SOPs in which by any form or part found to be
inconsistent
with this new Standard Operating Procedures are hereby rescinded.
XI. ADMINISTRATIVE SANCTION / PENALTY
All BFP personnel found violating any provision of this Standard Operating Procedure
shall be
subjected to administrative action for neglect of duty / any other related charges (criminal),
and if found
guilty, shall be immediately relieved from post.
Administrative sanctions shall be governed by the R.A. 6713, otherwise known as The
Code of
Ethics and Professional Standards for Government Employees, other pertinent Civil
Service Laws, Office
Rules, Regulations and Policies, without prejudice of filing criminal charges if evidence so
warrants.
XII. SEPARABILITY CLAUSE
If for any reason, any part of this Standard Operating Procedure is declared as contrary to
law,
the remainder hereof not affected shall continue to remain in force and effect. SIGNED,
this 18th day of September 2008 at the Bureau of Fire Protection National
Headquarters, Union Square Condominium, Nr. 145, 15th Avenue, Cubao, Quezon City,
Philippines.
THIS STANDARD OPERATING PROCEDURE SHALL TAKE EFFECT

IMMEDIATELY. Administrative Matters (10%)

RA 6975 and its IRR

The Lawphil Project - Arellano Law Foundation
REPUBLIC ACT No. 6975 December 13, 1990
REPUBLIC ACT No. 6975
AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A
REORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR
OTHER PURPOSES
Section 1. Title of the Act. ? This Act shall be known as the "Department of the Interior
and Local Government Act of 1990."
Section 2. Declaration of Policy. ? It is hereby declared to be the policy of the State to
promote
peace and order, ensure public safety and further strengthen local government capability
aimed
towards the effective delivery of the basic services to the citizenry through the
establishment of a
highly efficient and competent police force that is national in scope and civilian in
character.
Towards this end, the State shall bolster a system of coordination and cooperation among
the
citizenry, local executives and the integrated law enforcement and public safety
agencies created under this Act.
The police force shall be organized, trained and equipped primarily for the performance of
police
functions. Its national scope and civilian character shall be paramount. No element of the
police
force shall be military nor shall any position thereof be occupied by active members of
the Armed Forces of the Philippines.
Section 3. Promulgation of Comprehensive Policies by Congress. ? Subject to the
limitations
provided in the Constitution, the President shall recommend to Congress the promulgation
of
policies on public order and safety to protect the citizenry from all forms of
lawlessness, criminality and other threats to peace and order.
CHAPTER I
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Section 4.
The Department of the Interior and Local Government. ? To carry out the policies
and
purposes of this Act, the Department of Local Government is hereby reorganized into
the Department of the Interior and Local Government, hereinafter referred to as the
Department, in
accordance with the provisions of this Act.
Section 5. Powers and Functions of the Department. ? In furtherance of the objectives of
this
Act, the Department shall continue to exercise the powers and functions of the
Department of
Local Government in addition to the powers and functions as herein provided. Section
6. Organization. ? The Department shall consist of the Department Proper, the existing
bureaus and offices of the Department of Local Government, the National Police
Commission,
the Philippine Public Safety College, and the following bureaus: the Philippine National
Police,
the Bureau of Fire Protection, and the Bureau of Jail Management and Penology. Section
7. Department Proper. ? The Department Proper shall consist of the existing staff
services as provided for under Executive Order No. 262 and the following offices: (a)
Office of the Secretary. ? The office of the Secretary shall consist of the Secretary and his
immediate staff; and
(b) Office of the Undersecretaries and Assistant Secretaries. ? The Secretary shall
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two (2) Undersecretaries, one (1) for local government and the other for peace and order,
at least one (1) of whom must belong to the career executive service, and three (3) career
Assistant Secretaries.
Section 8. Head of Department. ? The head of the Department. ? The head of the
Department,
hereinafter referred to as the Secretary, shall also be the ex-officio Chairman of the
National
Police Commission and shall be appointed by the President subject to confirmation of
the Commission on Appointments. No retired or resigned military officer or police official
may be
appointed as Secretary within one (1) year from the date of his retirement or
resignation. Section 9. General Powers, Term of Office and Compensation of the
Secretary. ? The authority
and responsibility for the exercise of the Department's powers and functions shall be
vested in
the Secretary, who shall hold office at the pleasure of the President and shall receive
the compensation, allowances and other emoluments to which heads of departments
are entitled.
Section 10. Specific Powers and Functions of the Secretary. ? In addition to his powers
and
functions as provided in Executive Order No. 262, the Secretary as Department head
shall have
the following powers and functions:
(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime
Operations Report and such other reports as the President and Congress may
require; (b) Act as Chairman and Presiding Officer of the National Police
Commission; and (c) Delegate authority to exercise any substantive or
administrative function to the members of the National Police Commission or other
officers of rank within the Department.
Section 11. Regional Offices. ? The Department shall establish, operate and maintain a
regional
office in each of the administrative regions of the country to implement the policies and
programs
of the Department. Each regional office shall be headed by a regional director to be
assisted by
two (2) assistant regional directors: one (1) for jail management and penology and
another for
fire protection in addition to the present assistant regional directors of the Department of
Local
Government.
Section 12. Relationship of the Department with the Department of National Defense. ?
During
a period of twenty-four (24) months from the effectivity of this Act, the Armed Forces of the
Philippines (AFP) shall continue its present role of preserving the internal and external
security
of the State: Provided, That said period may be extended by the President, if he finds
it justifiable, for another period not exceeding twenty-four (24) months, after which, the
Department shall automatically take over from the AFP the primary role of preserving
internal
security, leaving to the AFP its primary role of preserving external security. However, even
after
the Department has assumed primary responsibility on matters affecting internal security,
including the suppression of insurgency, and there are serious threats to national security
and
public order, such as where insurgents have gained considerable foothold in the
community
thereby necessitating the employment of bigger tactical forces and the utilization of higher
caliber armaments and better armored vehicles, the President may, upon
recommendation of
the peace and order council, call upon the Armed Forces of the Philippines to assume
the primary role and the Philippine National Police (PNP) to play the supportive role in
the area
concerned.
In times of national emergency, all elements of the PNP, the Bureau of Fire Protection,
and the
Bureau of Jail Management and Penology shall, upon direction of the President, assist
the Armed Forces of the Philippines in meeting the national emergency.
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complementary relationship between the Department of the Interior and Local
Government
and the Department of National Defense in any of the preceding eventualities shall be
jointly
prescribed by their respective Secretaries in a memorandum of agreement that shall
thereafter
be published and implemented.
CHAPTER II
THE NATIONAL POLICE COMMISSION
Section 13. Creation and Composition. ? A National Police Commission, hereinafter
referred to
as the Commission, is hereby created for the purpose of effectively discharging the
functions
prescribed in the Constitution and provided in this Act. The Commission shall be a
collegial body
within the Department. It shall be composed of a Chairman and four (4) regular
commissioners,
one (1) of whom shall be designated as Vice-Chairman by the President. The Secretary of
the
Department shall be the ex-officio Chairman of the Commission, while the Vice-Chairman
shall
act as the executive officer of the Commission.
Section 14. Powers and Functions of the Commission. ? The Commission shall exercise
the
following powers and functions:
(a) Exercise administrative control over the Philippine National Police;
(b) Advise the President on all matters involving police functions and administration;
(c) Foster and develop policies and promulgate rules and regulations, standards
and procedures to improve police services based on sound professional concepts
and principles;
(d) Examine and audit, and thereafter establish the standards for such purposes on
a continuing basis, the performance, activities, and facilities of all police agencies
throughout the country;
(e) Prepare a police manual prescribing rules and regulations for efficient organization,
administration, and operation, including recruitment, selection, promotion and
retirement; (f) Establish a system of uniform crime reporting;
(g) Conduct surveys and compile statistical data for the proper evaluation of the
efficiency and effectiveness of all police units in the country;
(h) Render to the President and to Congress an annual report on its activities and
accomplishments during the thirty (30) days after the end of the calendar year, which
shall include an appraisal of the conditions obtaining in the organization and
administration of police agencies in the municipalities, cities and provinces throughout the
country, and recommendations for appropriate remedial legislation;
(i) Approve or modify plans and programs on education and training, logistical
requirements, communications, records, information systems, crime laboratory,
crime prevention and crime reporting;
(j) Affirm, reverse or modify, through the National Appellate Board, personnel
disciplinary actions involving demotion or dismissal from the service imposed upon
members of the Philippine National Police by the Chief of the Philippine National Police;
(k) Exercise appellate jurisdiction through the regional appellate boards over Page 3 of
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administrative cases against policemen and over decisions on claims for police
benefits; (l) Recommend to the President, through the Secretary, within sixty (60) days
before the commencement of each calendar year, a crime prevention;
(m) Prescribe minimum standards for arms, equipment, and uniforms and, after
consultation with the Philippine Heraldy Commission, for insignia of ranks, awards
and medals of honor;
(n) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge
of its own powers and duties, and designate who among its personnel can issue such
processes and administer oaths in connection therewith; and
(o) Perform such other functions necessary to carry out the provisions of this Act and
as the President may direct.
Section 15. Qualifications. ? No person shall be appointed regular member of the
Commission
unless:
(a) He is at least thirty-five (35) years of age;
(b) A member of the Philippine Bar or a holder of a master's degree in public
administration, business administration, management, sociology, criminology,
law enforcement, national security administration, defense studies, and other
related discipline; and
(c) Has had experience in law enforcement work for at least five (5) years . Section 16.
Term of Office. ? The four (4) regular and full-time Commissioners shall be appointed by
the President upon the recommendation of the Secretary. Of the first four (4)
commissioners to be appointed, two (2) commissioners shall serve for six (6) years and
the two
(2) other commissioners for four (4) years. All subsequent appointments shall be for a
period of
six (6) years each, without reappointment or extension.
Section 17. Temporary or Permanent Incapacity of the Chairman. ? In case of absence
due to
temporary or permanent incapacity of the Chairman, the President shall designate an
Acting
Chairman. In case of death or permanent incapacity or disqualification of the Chairman,
the
Acting Chairman shall also act as such until a new Chairman shall have been appointed
and
qualified.
Section 18. Removal from Office. ? The members of the Commission may be removed
from
office for cause. All vacancies in the Commission, except through expiration of term, shall
be
filled up for the unexpired term only: Provided, That any person who shall be appointed in
this
case shall be eligible for regular appointment for another full term.
Section 19. Prohibitions. ? The Chairman and members of the Commission shall not
engage in
the practice of any profession, or intervene, directly or indirectly, in the management and
control
of any private enterprise. They shall not, directly or indirectly, have any financial or
material interest in any transaction requiring the approval of their office.
Section 20. Organizational Structure. ? The Commission shall consist of the following
units:
(a) Commission Proper. ? This is composed of the offices of the Chairman and the four
(4) commissioners.
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Staff Services. ? The staff services of the Commission shall be as follows: (1) The
planning and Research Service, which shall provide technical services to the
Commission in areas of overall policy formulation, strategic and operational
planning, management systems or procedures, evaluation and monitoring of the
Commission's programs, projects and internal operations; and shall conduct
thorough research and analysis on social and economic conditions affecting
peace and order in the country;
(2) The Legal Affairs Service, which shall provide the Commission with efficient
and effective service as legal counsel of the Commission; draft or study contracts
affecting the Commission and submit appropriate recommendations pertaining
thereto; and render legal opinions arising from the administration and operation of
the Philippine National Police and the Commission;
(3) The Crime Prevention and Coordination Service, which shall undertake
criminological researches and studies; formulate a national crime prevention plan;
develop a crime prevention and information program and provide editorial
direction for all criminology research and crime prevention publications;
(4) The Administrative Service, which shall provide the Commission with
assistance on budgetary and financial matters; provide the necessary services
relating to records, correspondence, supplies, property and equipment, security
and general services, and the maintenance and utilization of facilities; and provide
services relating to manpower, career planning and development, personnel
transactions and employee welfare;
(5) The Inspection and Monitoring Service, which shall conduct continuous
inspection and management audit of personnel, facilities and operations at all
levels of command of the PNP and shall monitor the implementation of the
Commission's programs and projects relative to law enforcement; and
(6) The Installations and Logistics Service, which shall review the Commission's
plans and programs and formulate policies and procedures regarding acquisition,
inventory, control, distribution, maintenance and disposal of supplies and shall
oversee the implementation of programs on transportation facilities and
installations and the procurement and maintenance of supplies and equipment.
(c) Disciplinary Appellate Boards. ? The Commission shall establish a formal
administrative disciplinary appellate machinery consisting of the National Appellate
Board and the regional appellate boards.
The National Appellate Board shall decide cases on appeal from decisions rendered by
the PNP
chief, while the regional appellate boards shall decide cases on appeal from decisions
rendered
by officers other than the PNP chief, the mayor, and the People Law Enforcement Board
(PLEB)
created hereunder.
Section 21. Regional Offices. ? The Commission shall establish, operate and maintain
regional
offices headed by regional directors who shall implement the policies and programs of the
Commission in their respective regions. For administrative purposes, the regional offices of
the
Commission shall be attached to the general offices of the Department. Subject to the
standards that shall be prescribed by the Commission, the regional offices shall
likewise perform the functions of adjudication of benefit claims.
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Qualifications of Regional Directors. ? No person shall be appointed regional director
unless:
(a) He is at least thirty (30) years of age;
(b) A holder of a baccalaureate degree and appropriate civil service eligibility; and (c)
Has at least five (5) years experience in the field of law enforcement, criminology or
police administration.
CHAPTER III
A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION
Section 23. Composition. ? Subject to the limitations provided for in this Act, the
Philippine National Police, hereinafter referred to as the PNP, is hereby established,
initially consisting of
the members of the police forces who were integrated into the Integrated National Police
(INP)
pursuant to Presidential Decree No. 765, and the officers and enlisted personnel of the
Philippine Constabulary (PC). For purposes of this Act, the officers and enlisted personnel
of the
PC shall include those assigned with the Narcotics Command (NARCOM) or the
Criminal Investigation Service (CIS); and those of the technical services of the AFP
assigned with the PC
and the civilian operatives of the CIS. The regular operatives of the abolished
NAPOLCOM Inspection, Investigation and Intelligence Branch may also be absorbed by
the PNP. In addition,
a PC officer or enlisted personnel may transfer to any of the branches or services of the
Armed
Forces of the Philippines in accordance with the provisions of Section 85 of this Act. In
order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly
urbanized cities, an individual must have completed not less than second year collegiate
work or
its equivalent in training of seventy-two (72) collegiate units.
Anyone who has any pending administrative or criminal case or has been adjudged liable
or
convicted of any crime pending appeal shall be allowed to join the PNP provisionally
without
prejudice to final judgment by a body of competent jurisdiction.
The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and
the
technical services of the AFP assigned with the PC, including NAPOLCOM hearing
officers holding regular items as such, shall be absorbed by the Department as employees
thereof, subject to existing laws and regulations.
Section 24. Powers and Functions. ? The PNP shall have 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; (c)
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 pertinent laws;
(e) Detain an arrested person for a period not beyond what is prescribed by law,
informing the person so detained of all his rights under the Constitution;
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licenses for the possession of firearms and explosives in accordance with law; (g)
Supervise and control the training and operations of security agencies and issue
licenses to operate security agencies, and to security guards and private detectives,
for the practice of their professions; and
(h) Perform such other duties and exercise all other functions as may be provided by
law. In addition, the PNP shall absorb the office of the National Action Committee on Anti
Hijacking
(NACAH) of the Department of National Defense, all the functions of the present
Philippine Air
Force Security Command (PAFSECOM), as well as the police functions of the Coast
Guard. In
order to perform its powers and functions efficiently and effectively, the PNP shall be
provided
with adequate land, sea, and air capabilities and all necessary material means of
resources.
Section 25. Organization. ? The PNP shall be headed by a Chief who shall be assisted by
two
(2) deputy chief, 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 service: Provided, however, That in no case shall any
officer
who has retired or is retirable within six (6) months from his compulsory retirement age be
appointed as Chief of the PNP. The PNP shall be composed of a national office, regional
offices,
provincial offices, district offices, city or municipal stations.
At the national level, the PNP shall maintain its office in Metropolitan Manila which shall
house
the directorial staff, service staff and special support units.
At the regional level, the PNP shall have regional offices, including that of the National
Capital
Region, which may be divided into two (2) separate regions without prejudice to the
pertinent
provisions of the Organic Act for the Autonomous Regions of the Cordilleras and Muslim
Mindanao relative to the creation of a regional police force in the area of autonomy. Each
of
these regional offices shall be headed by a regional director for peace and order. At the
provincial level, there shall be a PNP office, each headed by a provincial director. In the
case of large provinces, police districts may be established by the Commission to be
headed by
a district director.
At the city or municipal level, there shall be a PNP station, each headed by a chief of
police.
The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in
accordance with the broad guidelines set forth herein, recommend the organizational
structure
and staffing pattern of the PNP to the Commission.
Section 26. Powers, Functions and term of Office of the PNP Chief . ? The command
and direction of the PNP shall be vested in the Chief of the PNP 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 Chief of the PNP may be delegated to subordinate
officials
with the respect to the units under their respective commands, in accordance with the
rules and
regulation prescribed by the Commission. The Chief of the PNP 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 effectivity carry
out the
functions, powers and duties of the Bureau. The Chief of the PNP shall be appointed by
the
President from among the senior officers down to the rank of chief superintendent, subject
to
confirmation by the Commission on Appointments: Provided, That the Chief of the PNP
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.
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Manning Levels. ? On the average nationwide, the manning levels of the PNP shall
be approximately in accordance with a police-to-population ratio of one (1) policeman for
every
five hundred (500) persons. The actual strength by cities and municipalities shall depend
on the
state of peace and order, population density and actual demands of the service in the
particular
area: Provided, That the minimum police-to-population ratio shall not be less than one
(1) policeman for every one thousand (1,000) persons: Provided, further, That urban
areas shall
have a higher minimum police-to-population ratio as may be prescribed by regulations.
Section 28. Rank Classification. ? For purposes of efficient administration, supervision
and
control, the rank classification of the members of the PNP shall be as
follows: Director General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer III
Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I
Section 29. Key Positions. ? The head of the PNP with the rank director general shall
have the
position title of Chief of the PNP. The second in command of the PNP with the rank of
deputy
director general shall be the Deputy Chief of the PNP for Administration. The third in
command
with the rank also of deputy director general shall be the Deputy Chief of the PNP
for Operations.
At the national office, the head of the directorial staff with the rank of deputy director
general
shall be known as Chief of the Directorial Staff of the PNP.
The heads of the various staff divisions in the directorial staff shall have the rank of
director with
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title of Director of the Directorial Staff of their respective functional divisions. The
head of the Inspectorate Division with the rank of chief superintendent shall assume the
position
title of Inspector General. The heads of the administrative and operational support
divisions shall
have the rank of chief superintendent.
The head of the NCR with the rank of director shall assume the position title of NCR
Director.
The heads of the regional offices with the rank of chief superintendent shall assume the
position
title of Regional Director.
The heads of the NCR district offices with the rank of chief superintendent shall have
the position title of District Director.
The heads of provincial offices with the rank of senior superintendent shall be known
as Provincial Director.
The heads of the district offices with the rank of superintendent shall have the position title
of
District Director.
The heads of the municipality or city offices with the rank of chief inspector shall be known
as
Chief of Police.
Section 30. General Qualifications for Appointment. ? No person shall be appointed as
officer or
member of the PNP unless he possesses the following minimum
qualifications: (a) A citizen of the Philippines;
(b) A person of good moral conduct;
(c) Of sound mind and body;
(d) Must possess a formal baccalaureate degree for appointment as officer and must
have finished at least second year college or the equivalent of seventy-two (72) collegiate
units for appointment as non-officer or an equivalent training or experience for those
already in the service upon the effectivity of this Act.
(e) Must be eligible in accordance with the standards set by the Commission; (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 be final judgment of an offense or crime involving
moral turpitude;
(h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male
and one meter and fifty-seven centimeters (1.57 m.) for female;
(i) Must weight not more or less than five kilograms (5 kg.) of the standard
weight corresponding to his or her height, age, and sex; and
(j) For a new applicant, must not be less than twenty-one (21) nor more than thirty
(30) years of age.
Section 31. Appointment of PNP Officers and Members. ? The appointment of the officers
and
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members of the PNP shall be effected in the following manner:
(a) Police Officer I to Senior Police Officer IV . ? Appointed by the PNP regional director
for regional personnel or by the Chief of the PNP for the national headquarters
personnel and attested by the Civil Service Commission.
(b) Inspector to Superintendent. ? Appointed by the Chief of the PNP, as recommended
by their immediate superiors, attested by the Civil Service Commission; (c) 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 Civil Service Commission and subject to confirmation by the Commission on
Appointments; and
(d) Director General. ? Appointed by the President from among the senior officers down
to the rank of chief superintendent in the service, subject to confirmation by the
Commission on Appointments: 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.
Section 32. Examinations for Policemen. ? The Civil Service Commission shall administer
the
qualifying entrance examinations for policemen on the basis of the standards set by
the NAPOLCOM.
Section 33. Lateral Entry of Officers into the PNP. ? 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
dentist, optometrists, nurses, engineers, 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. Licensed criminologists may
be appointed to the rank of inspector to fill up any vacancy after promotions from the
ranks are
completed.
Section 34. Qualifications of Chief of City and Municipal Police Stations. ? No person may
be
appointed chief of a city police station unless he holds a bachelor's degree from a
recognized
institution of learning or has served in the Philippine Constabulary or in the police
department of
any city or municipality with the rank of captain or its equivalent therein for at least three
(3)
years.
No person may be appointed chief of a municipal police station unless he holds a
bachelor's
degree from a recognized institution of learning or has served as officer in the
Philippine Constabulary or in the police department of any city or municipality for at
least two (2) years with
the rank lieutenant or its equivalent: Provided, That a member of the Bar with at least five
(5)
years experience in active law practice and who possesses the general qualifications
under
Section 30 of this Act shall be qualified for appointment as chief of a city or municipal
police
station: Provided, further, That the chief of police shall be appointed in accordance with
the provisions of Section 51, paragraph b), subparagraph (4) (i) of this Act. Section 35.
Support Units. ? The PNP shall be supported by administrative and operational
support units. The administrative support units shall consist of the Crime Laboratory,
Logistic
Unit, Communications Unit, Computer Center, Finance Center and Civil Security Unit. The
operational support units shall be composed of the Maritime Police Unit, Police
Intelligence Unit,
Police Security Unit, Criminal Investigation Unit, Special Action Force, Narcotics units,
Aviation
Security Unit, Traffic Management Unit, the Medical and Dental Centers and the Civil
Relations
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enhance police operational efficiency and effectiveness, the Chief of the PNP may
constitute such other support units as may be necessary subject to the approval of the
Commission: Provided, That no support unit headed by a chief superintendent or a higher
rank
can be created unless provided by law.
(a) Administrative Support Units. ? (1) Crime Laboratory. There shall be established a
central Crime Laboratory to be headed by a Director with the rank of chief
superintendent, which shall provides scientific and technical investigative aid and support
to the PNP and other government investigative agencies.
It shall also provide crime laboratory examination, evaluation and identification of
physical evidences involved in crimes with primary emphasis on their medical, chemical,
biological and physical nature.
There shall be likewise be established regional and city crime laboratories as may
be necessary in all regions and cities of the country.
(2) Logistic Unit. ? Headed by a Director with the rank of chief superintendent,
the Logistics Unit shall be responsible for the procurement, distributions and
management of all the logistical requirements of the PNP including firearms and
ammunition.
(3) Communications Unit. ? Headed by a Director with the rank of chief
superintendent, the Communications Unit shall be responsible for establishing
an effective police communications network.
(4) Computer Center. ? Headed by a Director with the rank of chief
superintendent, the Computer Center shall be responsible for the design,
implementation and maintenance of a database system for the PNP.
(5) Finance Center. ? Headed by a Director with the rank of chief superintendent, the
Finance Center shall be responsible for providing finance services to the PNP. (6) Civil
Security Unit. ? Headed by a Director with the rank of chief superintendent, the Civil
Security Unit shall provide administrative services and general supervision over
organization, business operation and activities of all organized private detectives,
watchmen, security guard agencies and company guard houses. The unit shall likewise
supervise the licensing and registration of firearms and explosives. The approval
applications for licenses to operate private security agencies, as well as the issuance of
licenses to security guards and the licensing of firearms and explosives, shall be
decentralized to the PNP regional offices.
(b) Operational Support Units. ? (1) Maritime Police Unit. Headed by a Director with
the rank of chief superintendent, the Maritime Police Unit shall perform all police
functions over Philippine territorial waters and rivers.
(2) Police Intelligence Unit. ? Headed by a Director with the rank of chief
superintendent, the Police Intelligence Unit shall serve as the intelligence
and counterintelligence operating unit of the PNP.
(3) Police Security Unit. ? Headed by a Director with the rank of chief
superintendent, Police Security Unit shall provide security for government
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(4) Criminal Investigation Unit. ? Headed by a Director with the rank of chief
superintendent, the Criminal Investigation Unit shall undertake the
monitoring,
investigation and prosecution of all crimes involving economic sabotage, and
other crimes of such magnitude and extent as to indicate their commission by
highly placed or professional criminal syndicates and organizations.
This unit shall likewise investigate all major cases involving violations of the
Revised Penal Code and operate against organized crime groups, unless the
President assigns the case exclusively to the National Bureau of
Investigation (NBI).
(5) Special Action Force. ? Headed by a Director with the rank of chief
superintendent, the Special Action Force shall function as a mobile strike force or
reaction unit to augment regional, provincial, municipal and city police forces for
civil disturbance control, counterinsurgency, hostage-taking rescue operations,
and other special operations.
(6) Narcotics Unit. ? Headed by a Director with the rank of chief superintendent,
the Narcotics Unit shall enforce all laws relative to the protection of the citizenry
against dangerous and other prohibited drugs and substances.
(7) Aviation Security Unit. ? Headed by a Director with the rank of chief
superintendent, the Aviation Security Unit, in coordination with airport authorities,
shall secure all the country's airports against offensive and terroristic acts that
threaten civil aviation, exercise operational control and supervision over all
agencies involved in airport security operation, and enforce all laws and
regulations relative to air travel protection and safety.
(8) Traffic Management Unit. ? Headed by a Director with the rank of
chief superintendent, the Traffic Management Unit shall enforce traffic
laws and regulations.
(9) Medical and Dental Centers. ? Headed by a Director with the rank of chief
superintendent, the Medical and Dental Centers shall be responsible for
providing medical and dental services for the PNP.
(10) Civil Relations Units. ? Headed with a Director with the rank of chief
superintendent, the Civil Relations Unit shall implement plans and programs that
will promote community and citizens' participation in the maintenance of peace
and order and public safety.
Section 36. Status of Members of the Philippine National Police. ? The members of the
PNP
shall be considered employees of the National Government and shall draw their salaries
therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered cities
and
first class municipalities may be paid in additional monthly allowance by the local
government
unit concerned.
B. PROFESSIONALISM, WELFARE AND BENEFITS
Section 37. Performance Evaluation System. ? There shall be established a
performance evaluation system which shall be administered in accordance with the rules,
regulations and
standards, and a code of conduct promulgated by the Commission for members of the
PNP.
Such performance evaluation system 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
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principles and ideals and the supremacy of civilian authority over the military. The rating
system as contemplated herein shall be based on standards prescribed by the
Commission and shall consider results of annual physical, psychological and
neuropsychiatric
examinations conducted on the PNP officer or member concerned.
Section 38. Promotions. ? (a) A member of the PNP shall not be eligible for promotion to
a higher position or rank unless he has successfully passed the corresponding
promotional examination given by the Commission, or the Bar or corresponding board
examinations for technical services and other professions, and has satisfactorily
completed an appropriate and
accredited course in the PNP or equivalent training institutions. In addition, no member of
the
PNP shall eligible for promotion unless he has been cleared by the People's Law
Enforcement
Board (PLEB) of complaints proffered against him, if any.
(b) Special promotion may be extended to any member of the PNP for acts of
conspicuous courage and gallantry at the risk of his life above and beyond the call of
duty, or selected as such in a nationwide search conducted by the PNP or any accredited
civic organization.
Section 39. Compulsory Retirement. ? Compulsory retirement, for officer and non-officer,
shall
be upon the attainment of age fifty-six (56): 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 unextendible period of one (1) year.
Section 40. Optional Retirement. ? Upon accumulation of at least twenty (20) years of
satisfactory active service, an officer or non-officer, at his own request and with the
approval of
the Commission, shall be retired from the service and entitled to receive benefits provided
by
law.
C. ADMINISTRATIVE DISCIPLINARY MACHINERY
Section 41. (a) Citizen's Complaints. ? Any complaint by an individual person against
any member of the PNP shall be brought before the following:
(1) Chiefs of police, where the offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of salary, or any
combination thereof for a period not exceeding fifteen (15) days;
(2) Mayors of cities or municipalities, where the offense is punishable by
withholding of privileges, restriction to specified limits, suspension or forfeiture
of salary, or any combination thereof, for a period of not less than sixteen (16)
days but not exceeding thirty (30) days;
(3) People's Law Enforcement Board, as created under Section 43 hereof, where
the offense is punishable by withholding of privileges, restriction to specified
limits, suspension of forfeiture of salary, or any combination thereof, for a period
exceeding thirty (30) days; or by dismissal.
The Commission shall provide in its implementing rules and regulations a scale of
penalties to be imposed upon any member of the PNP under this section. (b) Internal
Discipline. ? In dealing with minor offenses involving internal discipline found to have
been committed by any regular member of their respective commands, the duly
designated supervisors and equivalent officers of the PNP shall, after due notice and
summary hearing, exercise disciplinary powers as follows:
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(1) Chiefs of police or equivalent supervisors may summarily impose the
administrative punishment of admonition or reprimand; restriction to specified
limits; withholding of privileges; forfeiture of salary or suspension; or any of the
combination of the foregoing: Provided; That, in all cases, the total period shall not
exceed fifteen (15) days;
(2) Provincial directors or equivalent supervisors may summarily impose the
administrative punishment of admonition or reprimand; restriction to specified
limits; withholding of privileges; forfeiture of salary or suspension; or any
combination of the foregoing: Provided, That, in all cases, the total period shall not
exceed thirty (30) days;
(3) Police regional directors or equivalent supervisors shall have the power to
impose upon any member the disciplinary punishment of dismissal from the
service. He may also impose the administrative punishment of admonition or
reprimand; restriction to specified limits; withholding of privileges; suspension or
forfeiture of salary; demotion; or any combination of the foregoing: Provided,
That, in all cases, the total period shall not exceed sixty (60) days;
(4) The Chief of the PNP shall have the power to impose the disciplinary punishment of
dismissal from the service; suspension or forfeiture of salary; or any combination thereof
for a period not exceeding one hundred eighty (180) days. (c) Exclusive Jurisdiction. ? A
complaint or a charge filed against a PNP member shall be heard and decided
exclusively by the disciplining authority who has acquired original jurisdiction over the
case and notwithstanding the existence of concurrent jurisdiction as regards the offense:
Provided, That offenses which carry higher penalties referred to a disciplining authority
shall be referred to the appropriate authority which has jurisdiction over the offense.
For purposes of this Act, a "minor offense" shall refer to an act or omission not involving
moral
turpitude, but affecting the internal discipline of the PNP, and shall include, but not limited
to:
(1) Simple misconduct or negligence;
(2) Insubordination;
(3) Frequent absences or tardiness;
(4) Habitual drunkenness; and
(5) Gambling prohibited by law.
Section 42. Summary Dismissal Powers of the PNP Chief and Regional Directors. ? The
Chief
of the PNP and regional directors, after due notice and summary hearings, may
immediately
remove or dismiss any respondent PNP member in any of the following
cases: (a) When the charge is serious and the evidence of guilt is strong;
(b) When the respondent is a recidivist or has been repeatedly charged and there
are reasonable grounds to believe that he is guilty of the charges; and
(c) When the respondent is guilty of conduct unbecoming of a police
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43. People's Law Enforcement Board (PLEB). ? (a) Creation and Functions. ? Within
thirty (30) days from the issuance of the implementing rules and regulations by the
Commission,
there shall be created by the sangguniang panlungsod/bayan in every city and
municipality such
number of People's Law Enforcement Boards (PLEBs) as may be necessary: Provided,
That
there shall be at least one (1) PLEB for every municipality and for each of the legislative
districts
in a city. The PLEB shall have jurisdiction to hear and decide citizen's complaints or cases
filed
before it against erring officers and members of the PNP. There shall be at least one (1)
PLEB
for every five hundred (500) city or municipal police personnel.
(b) Composition and Term of Office. ? The PLEB shall be composed of the
following: (1) Any member of the sangguniang panlungsod/bayan chosen by his
respective sanggunian;
(2) Any barangay captain of the city or municipality concerned chosen by
the association of barangay captains; and
(3) Three (3) other members who shall be chosen by the peace and order council
from among the respected members of the community known for their probity and
integrity, one (1) of whom must be a member of the Bar or, in the absence
thereof, a college graduate, or the principal of the central elementary school in the
locality.
The Chairman of the PLEB shall be elected from among its members. The term of
office of the members of the PLEB shall be for a period of two (2) years from
assumption of office. Such member shall hold office until his successor shall have been
chosen and qualified.
(c) Compensation ? Membership in the PLEB is a civic duty. However, PLEB members
may be paid per diem as may be determined by the city or municipal council from city
or municipal funds.
(d) Procedure ? (1) The PLEB, by a majority vote of all its members and its Chairman
shall determine whether or not the respondent officer or member of the PNP is guilty
of the charge upon which the complaint is based.
(2) Each case shall be decided within sixty (60) days from the time the case
has been filed with the PLEB.
(3) The procedures in the PLEB shall be summary in nature, conducted in
accordance with due process, but without strict regard to technical rules of
evidence.
(4) The Commission shall issue the necessary implementing guidelines and
procedures to be adopted by the PLEB, including graduated penalties which
may be imposed by the PLEB.
(5) The Commission may assign the present NAPOLCOM hearing officers to act
as legal consultants of the PLEBs and provide, whenever necessary, legal
services, assistance and advise to the PLEBs in hearing and deciding cases
against officers and members of the PNP, especially those involving difficult
questions of law: Provided, That these lawyers may also be assigned to
investigate claims for death and disability benefits of PNP members or their heirs.
(e) Decisions ? The decision of the PLEB shall become final and executory:
Provided, That a decision involving demotion or dismissal from the service may be
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with the regional appellate board within ten (10) days from receipt of the copy of the
decision.
Section 44. Disciplinary Appellate Boards. ? The formal administrative disciplinary
machinery for
the PNP shall be the National Appellate Board and the regional appellate boards. The
National Appellate Board shall consist of four (4) divisions, each division composed of a
Commissioner as Chairman and two (2) other members. The Board shall consider
appeals from
decisions of the Chief of the PNP.
The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila
or
any part of the country as it may deem necessary.
There shall be at least one (1) regional appellate board per administrative region in the
country
to be composed of a senior officer of the regional Commission as Chairman and one (1)
representative each from the PNP, and the regional peace and order council as members.
It
shall consider appeals from decisions of the regional directors, other officials, mayors, and
the
PLEBs: Provided, That the Commission may create additional regional appellate boards
as the
need arises.
Section 45. Finality of Disciplinary Action. ? The disciplinary action imposed upon a
member of
the PNP shall be final and executory: Provided, That a disciplinary action imposed by
the regional director or by the PLEB involving demotion or dismissal from the service
may be appealed to the regional appellate board within ten (10) days from receipt of the
copy of the
notice of decision: Provided, further, That the disciplinary action imposed by the Chief of
the
PNP involving demotion or dismissal may be appealed to the National Appellate Board
within ten
(10) days from receipt thereof: Provided, furthermore, That the regional or National
Appellate
Board, as the case may be, shall decide the appeal within sixty (60) days from receipt of
the
notice of appeal: Provided, finally, That failure of the regional appellate board to act on
the appeal within said period shall render the decision final and executory without
prejudice, however, to the filing of an appeal by either party with the Secretary.
Section 46. Jurisdiction in Criminal Cases. ? Any provision of law to the contrary
notwithstanding, criminal cases involving PNP members shall within the exclusive
jurisdiction of
the regular courts: Provided, That the courts-martial appointed pursuant to Presidential
Decree
No. 1850 shall continue to try PC-INP members who have already been arraigned, to
include
appropriate actions thereon by the reviewing authorities pursuant to Commonwealth Act
No.
408, otherwise known as the Articles of War, as amended, and Executive Order No. 178,
otherwise known as the Manual for Courts-Martial: Provided, further, That criminal cases
against
PC-INP members who may have not yet been arraigned upon the effectivity of this Act
shall be
transferred to the proper city or provincial prosecutor or municipal trial court judge.
Section 47. Preventive Suspension Pending Criminal Case. ? Upon the filing of a
complaint or
information sufficient in form and substance against a member of the PNP for grave
felonies
where the penalty imposed by law is six (6) years and one (1) day or more, the court shall
immediately suspend the accused from office until the case is terminated. Such case shall
be
subject to continuous trial and shall be terminated within ninety (90) days from
arraignment of
the accused.
Section 48. Entitlement to Reinstatement and Salary. ? A member of the PNP who may
have
been suspended from office in accordance with the provisions of this Act or who shall
have been
terminated or separated from office shall, upon acquittal from the charges against him,
be entitled to reinstatement and to prompt payment of salary, allowances and other
benefits withheld from him by reason of such suspension or termination.
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Legal Assistance. ? The Secretary of the Department of Justice, the Chairman of
the Commission or the Chief of the PNP may authorize lawyers of their respective
agencies to
provide legal assistance to any member of the PNP who is facing before the prosecutor's
office,
the court or any competent body, a charge or charges arising from any incident which is
related
to the performance of his official duty: Provided, That government lawyers so authorized
shall
have the power to administer oaths. The Secretary of Justice, the Chairman of the
Commission,
and the Chief of the PNP shall jointly promulgate rules and regulations to implement
the provisions of this section.
Section 50. Power to Administer Oaths. ? Officials of the Commission who are appointed
by the
President, as well as officers of the PNP from rank of inspector to senior superintendent,
shall
have the power to administer oaths on matters which are connected with the performance
of
their official duties.
D. PARTICIPATION OF LOCAL EXECUTIVES IN THE ADMINISTRATION OF THE
PNP Section 51. Powers of Local Government Officials Over the PNP Units or Forces. ?
Governors
and mayors shall be deputized as representatives of the Commission in their respective
territorial jurisdiction. As such, the local executives shall discharge the following
functions: (a) Provincial Governor ? (1) Power to Choose the Provincial Director. ? The
provincial governor shall choose the provincial director from a list of three (3) eligible
recommended by the PNP regional director.
(2) Overseeing the Provincial Public Safety Plan Implementation. ? The governor,
as chairman of the provincial peace and order council, shall oversee the
implementation of the provincial public safety plan, which is prepared taking into
consideration the integrated community safety plans, as provided under
paragraph (b) (2) of this section.
(b) City and Municipal Mayors ? (1) Operational Supervision and Control. The city and
municipal mayors shall exercise operational supervision and control over PNP units in
their respective jurisdiction except during the thirty (30) day period immediately
preceding
and the thirty (30) days following any national, local and barangay elections. During
the said period, the local police forces shall be under the supervision and control of the
Commission on Elections.
The term "operational supervision and control" shall mean the power to
direct, superintend, oversee and inspect the police units and forces.
It shall include the power to employ and deploy units or elements of the PNP,
through the station commander, to ensure public safety and effective
maintenance of peace and order within the locality. For this purpose, the term
"employ" and "deploy" shall mean as follows:
"Employ" refers to utilization of units or elements of the PNP for purposes of
protection of lives and properties, enforcement of laws, maintenance of peace
and order, prevention of crimes, arrest of criminal offenders and bringing the
offenders to justice, and ensuring public safety, particularly in the suppression of
disorders, riots, lawless violence, rebellious seditious conspiracy, insurgency,
subversion or other related activities.
"Deploy" shall mean the orderly organized physical movement of elements or
units of the PNP within the province, city or municipality for purposes of
employment as herein defined.
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(2) Integrated Community Safety Plans. ? The municipal/city mayor shall, in
coordination with the local peace and order council of which he is the
chairman pursuant to Executive Order No. 309, as amended, develop and
establish an integrated area/community public safety plan embracing priorities
of action and program thrusts for implementation by the local PNP stations.
It shall, likewise, be the duty of the city or municipal mayor to sponsor periodic
seminars for members of the PNP assigned or detailed in his city or municipality
in order to update them regarding local ordinances and legislations.
(3) Administrative Disciplinary Powers. ? In the areas of discipline, city and
municipal mayors shall have the powers to impose, after due notice and summary
hearings, disciplinary penalties for minor offenses committed by members of the
PNP assigned to their respective jurisdictions, as provided in Section 41 of this
Act. (4) Other Powers. ? In addition to the aforementioned powers, city and
municipal mayors shall have the following authority over the PNP units in their
respective jurisdictions:
(i) Authority to choose the chief of police from a list of five (5) eligibles
recommended by the provincial police director, preferably from the
same province, city or municipality.
(ii) Authority to recommend the transfer, reassignment or detail of
PNP members outside of their respective city or town residences; and
(iii) Authority to recommend, from a list of eligibles previously screened by
the peace and order council, the appointment of new members of the PNP
to be assigned to their respective cities or municipalities without which no
such appointment shall be attested.
Section 52. Suspension of Operational Supervision and Control. ? The President may,
upon
consultation with the provincial governor and congressman concerned, suspend the
power of
operational supervision and control of any local executive over police units assigned or
stationed
in his jurisdiction for any of the following grounds:
(a) Frequent unauthorized absences;