Ra 8551

REPUBLIC ACT NO.
8551
1.) WHAT IS REPUBLIC ACT NO. 8551?
R.A. 8551 is an act providing for the reform and reorganization of The Philippine National Police. It amends certain provisions o Republic act No. 6975 which established the Philippine National Police under a reorganized Department of the Interior and Local Government.
REPUBLIC ACT NO. 8551

2.) HOW IS R.A. KNOWN?
R.A. 8551 is known as the Philippine National Police Reform and Reorganization Act of 1998
3.) WHAT IS THE DECLARED POLICY OF THE STATE WITH REGARDS TO THE POLICE?
It is the policies of the state of establish a highly efficient and complete police force which is national in scope and civilian in character administered and cont5rolled by a national police commission.
As such the Philippine national police (PNP) shall be a community and service oriented agency responsible for the maintenance of peace and order and public safety. It shall be so organized to ensure accountability and uprightness in police exercise of the discretion as well as to achieve efficiency and effectiveness of its members and units in the performance of their functions. (Section 2)

4.) WHAT IS THE ROLE OF THE DILG AND THE PNP IN COUNTER INSURGENCY FUNCTIONS AND IN TIMES OF NATIONAL EMERGENCY?
Section 12 of Republic Act No. 6975 has been amended such that the Department of the Interior and Local Governments now relieved of the primary responsibility on matters involving the suppression of insurgency and other serious threats to national security.
The Philippine National Police shall, through information gathering and performance of its ordinary police function support in the Armed Forces of the Philippines on matters involving suppression of insurgency, except in the cases where the president shall call on the PNP to support the AFP in combat operations. However, times of national emergency, the PNP, the Bureau of Fire Protection, the Bureau of Jail Management and Penology shall, upon the direction of the President assist the Armed Forces in meeting the national emergency (Section 3)

5.) WHAT IS THE COMPOSITION OF THE NATIONAL POLICE COMMISSION UNDER R.A. 8551?
Section 13 of Republic act no. 6975 has been amended such that the National police commission, herein after referred to as the Commission, is hereby created for the purpose of effectively discharging the functions prescribe in the Constitution and provided in R.A. 8551.
The Commission shall be an agency attached to the DILG for policy and program coordination. It shall be composed of a chairperson, four (4) regular Commissioners, and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners shall come from the civilian sector who are neither active nor former members of the of the police or military one.

6.) WHAT ARE THE POWERS AND FUNCTIONS OF THE COMMISSION?
The commission shall exercise the following powers and functions (section 5): a. Exercise administrative control and operational supervision over the Philippine National Police which shall mean the power to:

1.) Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration and operation, including criteria for manpower allocation, distribution and deployment, recruitment, selection, promotion and retirement of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members;

2.) 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; 3.) Establish a system of uniform crime reporting;

4.) Conduct an annual self report survey and compile statistical data for the accurate assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the country; 5.) Approve or modify plans and programs on education and training logistical requirements, communications, records, information, systems, crime laboratory, crime prevention and crime reporting;

6.) Affirm or 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; 7.) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over decision on claims for police benefits;

8.) Prescribe minimum standards for arms equipments, and uniforms and after consultation with the Philippine Heraldy Commission, for insignia of ranks, awards, and medals of honor. Within ninety (90) days from the effectivity of the act, the standards of the uniformed personnel of the PNP must be revised which should be clear distinction from the military and reflective of the civilian character of the police

9.) Inspect and asses the compliance of the PNP on the establish criteria for man power allocation, distribution, and deployment and their impact on the community and the crime situation, and thereafter formulate appropriate guidelines for maximization of resources and effective utilization of the PNP personnel; 10.) Monitor the performance of the local chief executives as deputies of the commissioner;

11.) a. Monitor and Investigate police anomalies and irregularities; b. Advice the President on all matters involving police function and administration;

c. Render to the preside4nt and to the Congress an annual report on its activities and accomplishment during 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 legislation

d. Recommend to the President through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention program; e. Perform such other functions necessary to carry out the provisions of this Act and as the President may direct

7.) WHAT QUALIFICATION MUST ONE POSSESS TO BE A MEMBER OF THE COMMISSION? No person shall be appointed regular member of the Commission unless (section 6) : a. He or she is a citizen of the Philippines;

b. A member of the Philippine Bar with at least five (5) years experience in handling criminal or human rights cases of a holder of a masters degree but preferably a doctorate degree in public administration, sociology, criminology, criminal justice, law enforcement and other related disciplines; and,

c. The regular member coming from the law enforcement sector should have practical experience in law enforcement work for at least (5) years while the three (3) other regular commissioners must have done extensive research work or projects on law enforcement, criminology or criminal justice or members of duly registered non-government organization involved in the promotion of peace and order.

8.) WHAT IS THE TERM OF OFFICE OF A COMMISSIONER? The tour (4) regular and full-time Commissioner shall be appointed by the President for a term of six (6) years without reappointment or extension (section 7)

9.) WHAT HAPPEN TO THE CURRENT SET OF COMMISSIONERS UPON THE EFFECTIVITY OF R.A 8551? Upon the affectivity of R.A. 8551, the terms of office of the current Commissioners are deemed expired which shall constitute a bar to their reappointed or an extension of their terms in the Commission except for current Commissioners who have served less than two (2) years of their terms of office who may be appointed by the President for a maximum term, of two (2) years (section 8)

10.) IN CASE OF TEMPORARY OR PERMANENT INCAPACITY OF THE CHAIRPERSON, WHO SHALL SERVE AS CHAIRMANOF THE COMMISSION? In case of absence due to the temporary incapacity of the chairperson, the Vice chair shall serve as Chairperson until the Chairperson is represent or regains capacity to serve. In case of death or permanent incapacity of disqualification of the chairperson, the acting chairperson and qualified (section9)

11. HOW THE COMMISSIONER ORGANIZED? The Commission shall consist of the following units (section 10): a. Commission Proper This composed of the offices of the chairman and four (4) commissioners;

b. Staff Services The staff services of the Commission 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 commissioners 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 .rendered legal opinions arising from the administration and operation of The Philippine National Police and the Commission;

3.) The Crime Prevention and Commission Service, which shall undertake criminology 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 publication.

4.) The Personnel and administrative service, which shall perform personnel functions for The Commission, administer the entrance and promotional examination for Police officers, provide the necessary service 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 employed welfare.

5.) The inspection, Monitoring Investigation Service, which shall conduct continuous inspection and management audit of personnel, facilities and operations at all levels of command of the PNP, monitor the Implementation of the Commissions programs and projects relative to law enforcement; and monitor and investigate police anomalies and irregularities;

6.) The installations and Logistics Service, which shall review the Commissions plans and programs and formulae policies and procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies and shall oversee the implementation of program on transportation facilities and installation and the procurement and maintenance of supplies and equipment;

7.) The Financial Service, which shall provide the Commission with staff advice and assistance on budgetary and financials matters, including the overseeing of the processing and disbursement to funds pertaining to the scholarship program and surviving children of deceased and/or permanently incapacitated PNP personnel.

8.) Disciplinary appellant 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 boards 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 that the PNP chief, the mayor, and the Peoples Law Enforcement Board (PLEB).

12.) WHO CAN BE APPOINTED AS REGIONAL DIRECTORS OF THE COMMSSION No person shall be appointed regional directors unless (a) he or she is a Citizen of the Philippines; and (b) a holder of a maters degree and appropriate civil service eligibility

13.) WHAT ARE THE QUALIFICATION OF EMPLOYEE OF THE COMMISSION The commission shall design and establish a qualifications upgrading program for the member of the commission in coordination with the Civil Service Commission, the Department of Education, Culture and sports and the Commission of Higher Education through a distance education program and/or in-service education program or similar programs within ninety (90) days from effectivity of RA 8441.
Provided, that those who are already in the service from the effectivity of RA 8551 shall have five (5) years to obtain the required degree or qualification counted from the implementation of the qualification upgrading programs (Section 12).

14.) WHO HAS THE AUTHORITY TO REORGANIZE THE PNP? The NAPOLCOM (Section 13) 15.) WHAT IS THE EXTENT OF THIS AUTHORITY? Section 13 provides that notwithstanding the provisions of the RA 6975 on the Organization structure and rank classification of the PNP, the Commission shall conducts a management audit and prepare and submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998 subject to the Limitation provided under RA 8551.

16.) WHAT ARE THE CRITERIA WITHIN WHICH THE RE-ORGANIZATION MUST BE BASED? Two criteria are provided by the law, namely
a. increased police visibility through dispersal of personnel from the headquarter to the filed offices and by the appointment and assignment of non-uniformed personnel to positions which are not actually and directly released to police operations; b. efficient and optimize delivery of police services to the communities.

17.) WHAT ARE THE GENERAL QUALIFICATION FOR APPOINTMENT IN THE PNP?
No person shall be appointed as officer or member of the PNP unless he or she possesses the following minimum qualification (Sec 14)

a. a citizen of the Philippines b. a person of good moral conduct c. must have passed the psychiatric/psychological drug and physical test to be administered by the PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical and mental health

d. must possess a formal baccalaureate degree from a recognized institution of learning e. must be eligible in accordance with the standards set by the Commissions f. Must not have been dishonorable discharged from military employment or dismissed for cause from any civilian position in the government

g. must not have been convicted by final judgment of an offense or crime involving moral turpitude h. must be at least one meter and sixty-two centimeter (1.62) in height for male and one meter and fifty-seven (1.57) for females
i. Must weight not more or less than five kilograms (5 kgs) from the standard weight corresponding to his or her height, age and sex

j. for a new applicant must not less than twenty-one (21) nor more than thirty (30) years of age, except for the qualification the above enumerated qualifications shall continuing in character and in and an absence of any one of them at any given time shall be ground for separation or retirement from the service. Provided, that PNP members who are already the service upon the effectivity of this Act shall be given at least two (2) more years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.

18.) WHO SHOULD CONDUCT REGULAR TESTS FOR THE PURPOSES OF DETERMINING COMPLIANCE WITH THE REQUIREMENTS ON PHYSICAL AND MENTAL HEALTH? The PNP by itself or through a NAPOLCOM accredited government hospital.

19.) HOW ABOUT THE NON-USE OF PROHIBITED DRUGS? (Same as above) 20.) WHAT KIND OF TESTS MUST BE CONDUCTED? Psychiatric, psychological drug and physical test randomly and without hospital.

21.) WHAT HAPPENS TO CURRENT MEMBERS OF THE PNP WHO WILL FAIL TO SATISFY ANY OF THE REQUIREMENT ENUMERATED UNDER SECTION 14 AFTER THE LAPSE OF THE TIME PERIOD FOR THE SATISFACTION OF A SPECIFIC REQUIREMENT? They shall be separate from a service if they are below fifty (50) years of age and have served in Government for Less than twenty (20) years without prejudice in either case to the payment of benefits they may be entitled to under existing law.

22.) WHAT ARE THE REQUIREMENTS FOR INITIAL APPOINTMENTS TO THE PNP THAT CAM BE WAIVED? The following can be waived (a) age (b) height (c) weight (d) education 23.) WHEN CAN THESE REQUIREMENTS BE WAIVED? Only when the number of qualified applicants fall below the annual quota

24.) WHO MAY AVAIL OF THESE WAIVERS? The waivers may be available of any an applicant who is below 20 nor 35 years of age provided further that any applicant not meeting the weight requirement shall be given reasonable time but not exceeding six (6) months within which to comply with the said requirement provided further more that only applicant who have finished second year college or have earned at least seventy-two (72) collegiate units leading to a bachelor degree shall be eligible for appointments;
provided furthermore, that anybody who will enter the service without a baccalaureate degree shall be given a maximum of four (4) years to obtain the required educational qualification. Provided finally that a waiver for height requirements shall have be automatically granted to applicants belonging to the cultural communities.

25.) WHAT ARE THE SELECTION CRITERIA UNDER THE WAIVER PROGRAM? The selection of applicants under the waiver program shall be subject to the following minimum criteria (Section 16) a.) applicant who possess the least disqualification shall take procedure over those who possess more disqualification shall take precedence over those who possess more disqualification

b.) the requirements shall be waived in the following order : 1.) age 2.) height
3.) weight
4.) education

26.) ARE THERE OTHER SITUATIONS ARISING FROM THE WIAVERS OF THE ENTRY REQUIREMENTS?
The Commission is mandated by the law to promulgate rule and regulations to address other situations arising from the waiver of the entry requirements

27.) WHAT IS THE NATURE OF APPOINTMENT UNDER A WAIVER PROGRAM? Any PNP uniformed personnel who is admitted due to the waiver of the education or weight requirements shall be temporary appointment pending the satisfaction of the requirement waived. Any number who will fail to satisfy any of the waived requirements within the specified time period under section 15 of this Act shall be dismissed from service (section 17).

28.) CAN DISMISSED PNP MEMBERS UNDER A WAIVER PROGRAM REAPPLY? Any PNP members shall be dismissed under a waiver program shall be eligible to re-apply for appointment to the PNP provided, that he or she possesses the minimum qualifications under section 14 of this Act and his or her reappointment is not by virtue of another waiver of another waiver program (section 18)

29.) WHAT IS THE CALLED FIELD TRAINING PROGRAM? The field training program involving actual experience and assignment in patrol, traffic and investigation as a requirement for permanency of appointment (Section 19)
30.) WHO ARE REQUIRED TO UNDERGO THE FIELD TRAINING PROGRAM? All uniformed members of the PNP

31.) WHAT ARE THE INCREASED QUALIFICATION FOR PROVINCIAL DIRECTOR? No person may be appointed Director of a Provincial Police office unless (Section 20) a.) he or she holds a masters degree in public administration, sociology, criminology, criminal justice, law enforcement, national security administration, defense studies or other related discipline from a recognized institution of learning

b.) has satisfactory passed the required training and career course necessary for the position as may be established by the Commission. 32.) WHAT HAPPENS TO A PNP PERSONNEL WHO IS CURRENTLY OCCUPYING THE POSITION BUT LACKS ANY OF THE QUALIFICATIONS MENTIONED ABOVE? Such PNP personnel shall be given three (3) years upon the effectivity of this Act to comply with the requirements otherwise he or she shall be relieved from the position

33.) WHO SHALL ADMINISTER THE ENTRANCE AN PROMOTIONAL EXAMINATION FOR POLICEMAN? The National Police Commission shall administer the entrance and promotional examinations for policemen on the basis of the standards set by the Commission (Section 21).

34.) WHAT ARE THE QUALIFICATIONS OF CHIEF OF CITY POLICE STATIONS? No person shall be appointed chief of city of a police station unless he or she is a graduate of Bachelor of a maters degree program in public administration, criminology, criminal justice, law enforcement, national security, defense studies and other related discipline from a recognized institution of learning.
No person shall be appointed chief of a municipal police station unless he or she finished at least second year Bachelor of Laws or has earned at least twelve (12) units in a masters degree program in Public administration and other related discipline from a recognized institution of learning provided that members of the Bar with at least five (5) years of law practice,

licensed criminologist or graduates of the Philippines National Police Academy and who posses the general qualifications for initial appointment to the PNP shall be qualified for appointment as chief of a city or municipal police station provided, further that the appointee has successfully passed the required field training program and has complied with other requirements as may be established by the Commission Provided furthermore that the chief of Police shall be appointed in accordance with the provisions of section 51 paragraph (b) subparagraph 4 (1) of this Act (section 22).

35.) WHO IS RESPONSIBLE FRO THE DESIGN AND ESTABLISHMENT OF A QUALIFICATIONS UPGRADING PROGRAM? The commission shall design and establish a qualifications upgrading program for the Philippine National Police officers and member in coordination with the Civil service Commission and the Commission on Higher Education through a distance education program and or in service education program or other similar program within ninety (90) days from the effectivity of RA 8551 (section 23).

36.) WHAT SYSTEM OF ATTRITION MUST BE ESTABLISHED FOR THE UNIFORMED MEMBERS OF THE PNP? The system of attrition that must be established shall included the following (Section 25, 26, 27, 28 and 29):

a.) attrition by attainment of maximum tenure in position b.) attrition by relief c.) attrition by demotion in position or rank d.) attrition by non-promotion e.) attrition by other means

37.) WHEN WILL THE ATTRITION SYSTEM TAKE EFFECT? It will take effect within one (1) year from the effectivity date of RA 8551 (section 24). 38.) HOW WILL TIME ATTRITION SYSTEM BE DONE? Within one (1) year from the effectivity of RA 8551, the PNP shall submit to the Commission for approval a system of attrition within the uniformed members of the PNP

39.) WHAT IS THE MAXIMUM TENURE OF PNP MEMBERS HOLDING KEY POSITION? The following key PNP members will have maximum tenure as indicate (Section 25)
POSITION Chief Deputy Chief Director of the Staff Service Regional Directors Provincial/City Directors
MAXIMUM TENURE Four (4) years Four (4) years Four (4) years Six (6) years Nine (9) years
Other position bigger than provincial director shall have the maximum tenure of six (6) years

40.) WHAT ARE THE EXPECTATIONS TO THE PROVISION ON MAXIMUM TENURE OF PNP MEMBERS HOLDING KEY POSITION? Section 25 provides among others that unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing Pattern; Police officers holding the above mentioned positions shall be compulsorily retired at the maximum tenure in position prescribe, or at age fifty-six (56) which is earlier

41.) CAN THE TENURE OF THE PNP CHIEF BE EXTENDED? Yes, in times of war of other national emergency declared by congress, the President extend the PNP Chiefs tour of duty.

42.)WHAT HAPPENS TO PNP MEMBERS WHO HAVE REACHED THEIR MAXIMUM TENURE UPON THE EFFECTIVITY OF THIS ACT? They may be allowed one (1) year more of tenure in their positions before the maximum tenure provided in Section 25 shall be applied to them unless they shall have already reached the compulsory retirement age shall prevail.

43.) CAN A PNP MEMBER WHO HAS LESS THAN ONE (1) YEAR OF SERVICE BEFORE REACHING THE COMPULSORY RETIREMENT AGE BE PROMOTED TO A HIGHER RANK OR APPOINTED TO ANY OTHER POSITION? No except for the Chief, PNP

44.) WHEN IS THERE ATTRITION BY RELIEF? When a PNP uniformed personnel who has been relieved for just cause and has been given an assignment within two (2) years after such relief shall be retired or separated (section 26).

45.) WHEN IS THERE DEMOTION IN POSITION OR RANK? When any PNP personnel, civilian or uniformed who is relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a position commensurate to his or her grade within eighteen (18) months after such demotion in position shall be retired or separated (Section 27).

46.) WHEN IS THERE NON-PROMOTION? When any PNP personnel who was not been promoted for a continuous period often (10) years shall be retired or separated (section 28).

47.) WHAT ARE THE OTHER MEANS OF ATTRITION?
A PNP member or officer with at least five (5) years of accumulated active service shall be separated based on any of the following factors (section 29)

a.) inefficiency based on poor performance during the last two (2) successive annual rating periods b.) inefficiency based on poor performance for three (3) cumulative annual rating periods c.)physical and or mental incapacity to perform police function and duties or failure to pass the required entrance examinations twice and or finish the required career course except for justifiable reason

48.) WHAT IS THE EFFECT OF BEING DISMISSED FROM THE PNP PURSUANT TO ANY OF THE ESTABLISHED SYSTEM OF ATTRITION? For a PNP personnel who has rendered at least twenty (20) years of service he or she shall be separated from the service. For a PNP personnel who has rendered less than twenty (20) years of service he or she shall be separated from the service (Section 30).

49.) CAN PNP PERSONNEL WHO ARE RETIRED OR SEPARATED UNDER ANY OF THE ATTRITION SYSTEM RECEIVE BENEFITS? Yes, unless the personnel is disqualified by law receive such benefits.

50.) WHAT IS THE ARTIONALIZED PROMOTION SYSTEM CONTEMPLATED UNDER RA 8551? Within six (6) months after effectivity of this Act, the Commission shall establish a system of promotion for uniformed and non-uniformed personnel of the PNP which shall be based on merits and on the availability of vacant positions in the PNP staffing pattern such system shall gender fair and shall ensure that women members of the PNP enjoy equal opportunity for promotion as that of men (Section 31).

51.) WHICH MAY A PNP PERSONNEL BE PROMOTED VIRTUE OF HIS POSITION? Any personnel designated to any key position whose rank is lower than that which is required for such position shall after (6) months of occupying the same shall be entitled to a rank adjustment corresponding to the position provided that the personnel shall be not resigned to a position calling for a higher rank until two (2) years from the date of such rank adjustment minimum qualifications therefore shall copy the same temporarily for non than six (6) months without reappointment or extension (Sec 32).

52.) WHAT ARE THE REQUIREMENTS FOR REGULAR PROMOTION OF A UNIFORMED MEBER OF THE PNP? A uniformed member of PNP shall not be eligible from promotion to a higher position or rank unless he or she has successfully passed the corresponding promotional examination given by the commission or the Bar or the corresponding board examinations for technical services and other professions has satisfactorily completed the appropriate and accredited course in PNP or equivalent training institution and has satisfactory passed the required psychiatric psychological and drug tests.
In additions, no uniformed member of the PNP shall be eligible for promotion during the tendency of his or her administrative and or criminal case or unless he or she been cleared by the Peoples Law Enforcement Board (PLEB) and the Office of the Ombudsman of any complaints proffered against hi or her if any (Section 33).

53.) IS THERE ANOTHER OFRM OF PROMOTION FOR A UNIFORMED MEMBER OF THE PNP? Yes, uniformed members of the PNP who has exhibited acts of conspicuous courage and gallantry at the risk of his or her life above and beyond the call of duty shall promoted to the next higher rank provided that such acts shall be validated by the commission based on established criteria.
54.) HOW WILL THE RETIREMENT BENEFITS OF PNP PERSONNEL BE COMPUTED? Monthly retirement pay and longevity pay for the retired grade in case of twenty (20) years of active service increasingly by two and one-half percent (2.5%) for every of active service rendered beyond twenty (20) years to a minimum of ninety (90%) for thirty-six (36) years of active service and over provided that the uniformed personnel have the option to receive in advance and in lump sum of his retirement pay for the first five (5) years provided further that payment of the retirement benefits in lump sum shall be within six (6) months from effectivity date of retirement and or completion provided finally that retirement pay of the officers/non-officers of the PNP shall be subject to adjustments based on the prevailing scale of base pay police personnel in the active service (Section 34).

55.) WHAT WILL AN OFFICER OR NON-OFFICER HAVING PERMANENT PHYSICAL DISABILITY BE ENTITLED TO? An officer or non-officer is permanently and totally disable as a result of injuries suffered or sickness contracted in the performance of his duty as duly certified by the National Police Commission upon finding and certification by the appropriate medical officer that the extent of the disability or sickness renders such members unit or unable to further perform the duties of his position shall be entitled the one year salary and to a lifetime pension equivalent eighty (80%) of his last salary in addition to other benefits as provided under existing laws (Section 35).

56.) CAN A LEGAL HEIRS OF A PNP MEMBER WHO RETIRED UNDER THE PERMANENTLY DIED WITHIN FIVE (5) YEARS FROM HIS REQUIREMENTS RECEIVE ANYTHING? Should such member who has been retired under permanent total disability under the section die within five (5) years from his retirement, his surviving legal spouse or if there be none the surviving dependent legitimate children shall be entitled to the pension for the member of the five (5) years guaranteed period.

57.) WHAT IS THE STATUS OF MEMBERS OF THE PNP UNDER RA 8551? The uniformed members of the PNP shall be considered employees of the National Government shall draw their salaries there from. They shall have the same salary grade level as that of public school teachers provided that PNP members assigned in Metropolitan, Manila chartered cities and first class municipalities may be paid financial incentive by the local government unit concerned subject to the availability of funds (Section 36).

58.) WHAT IS THE EARLY RETIREMENT PROGRAM UNDER RA 8551? Within three (3) years after the effectivity of this Act any PNP officer or non-commissioned officer may retire and be paid separation benefits corresponding to a position two (2) rank higher than his or her present rank subject to the following conditions (Section 37)

a.) that at the time he or she applies for retirement he or she already rendered at least ten (10) years of continuous satisfactory service b.) the applicant has scheduled for separation of retirement from the service due to the attrition system or separation for cause c.) he or she has no pending administrative or criminal case d.) he or she has at least three (3) more years in the service before reaching the compulsory retirement age and at least a year before he or she maximum tenure in the position(Section 37) government service

59.) WHO IS RESPONSIBLE FOR THE FORMULATION OF A NATIONALIZED RETIREMENT AND SEPARATION BENEFIT SCHEDULE AND PROGRAM? The Commission shall formulate a rationalized retirement and separation benefit schedule and program within one (1) year from the effectivity of this Act for approval by Congress provided that the approval schedule program shall have retroactive effect in favor of PNP members and officers retired or separated from the time specified in the law, unless the retirement or separation is for cause and the decision denies the grant of benefits (Section 38).

60.) WHAT ARE THE P[OWERS AND FUNCTIONS OF THE INTERNAL AFFAIRS SERVICE (IAS)? The Internal Affair Service of the PNP shall (Section 39) a.) proactively conduct inspections and audits on PNP personnel and units b.) investigate complains and gather evidence in support of an open investigation

c.) conduct summary hearings on PNP members facing administrative charge d.) submits a periodic report on the assessment, analysis and evaluation of the character and behavior of PNP personnel ad units to the Chief PNP and the Commission

e.) file appropriate criminal cases against PNP members before the courts as evidence warnings and assist in the prosecution of the case f.) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.

61.) CAN THE IAS ON ITS OWN INITIATIVE CONDUCT INVESTIGATION OF PNP MEMBER? Yes, IAS can conduct motu propio, automatic investigation of the following cases:

a.) incidents where a police personnel discharges a firearm b.) incident where death, serious physical injury or any violation of human rights occurred in the conduct of a police operation
c.) incidents where evidence was compromised, tampered with obliterated or lost while in the custody of police personnel

d.) incident where a suspect in the custody of the police was seriously injured e.) incidents where the established rules of engagement have been violated.

62.) HOW DOES THE IAS AFFECT THE CAREER OF POLICE OFFICERS? The IAS shall prove document s recommendations regards to the promotion of the members of the PNP or the assignment of PNP personnel to any key position (Section 39).

63.) WHAT ARE THE OFFICES OF THE IAS? National, regional and provincial offices of the internal Affairs Service shall be established (Section 40). 64.) HOW HEADS THE OFFICES OF THE IAS? The Internal Affairs Service shall be headed by an inspector General how shall be assisted by a Deputy Inspector General. The regional offices shall be headed by a director while the provincial offices shall be headed by a Superintendent.

65.) WHAT IS THE QUALIFICATION REQUIREMENTS FOR THE HEAD OF THE IAS? The head of the Internal Affairs Service shall be a civilian who shall meet the qualification requirements provided in R.A. 8551.

66.) WHAT IS THE STAFFING PATTERN IN THE IAS? The commission shall establish a rationalized staffing pattern for IAS in the Reorganization Plans as provided for in Section 13 R.A. 8551. 67.) WHO SHALL APPOINT THE INSPECTOR GENERAL? Inspector General shall be appointed by the President upon recommendation of the Director General of the PNP and duly endorsed by the commission.

68.) WHO SHALL APPOINT THE PERSONNEL OF THE IAS? Appointment of personnel who shall occupy various positions shall be made by the Inspector General and shall be based on an established career pattern and criteria to be promulgated by the commission.

69.) WHAT ARE THE QUALIFICATION FOR ENTRY TO THE IAS? Entry to the Internal Affairs Service shall be voluntary and subjects to rigid screening where only PNP personnel who have at least five (5) years experience in Law Enforcement and who have no derogatory serviced records shall be considered for appointment (Section 42).
70.) ARE THERE EXEMPTION TO THE AFOREMENTIONED QUALIFICATION? Yes, members of the Bar may enter the service laterally

71.) INITIALLY, WHO SHALL MAKE THE APPOINMENT OF THE HEADS OF OFFICES IN THE IAS? Initial appointment of the head of the National Area and Provincial Offices of the International Affairs Service shall be made by the President upon recommendation by the commission. Thereafter, appointments and promotions to the Service shall follow the established requirement and procedures. (sec. 4)

72.) WHAT A IS THE PROMOTION SYSTEM WITHIN THE IAS? The commission shall establish a promotion system with the IAS which shall follow the general principles of the promotion system in the PNP (Sec. 45).

73.) WHAT ARE THE PROHIBITIONS ON PNP MEMBERS HOW JOIN THE IAS? Any personnel who joins the IAS,, may not thereafter join any other unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a committee deliberating on the appointment, promotions, and assignment of any PNP personnel (Sec. 45).

74.) IS THERE AN INCENTIVE FOR A PNP MEMBER JOINING THE IAS? Yes, and these are the following (Sec. 46); a.) personnel of the International Affairs Service shall in addition to other allowances authorized under existing laws, be granted occupational specially pay which shall not exceed fifty percent (50%) of their basic pay. This pay shall not be considered a forfeiture of other remuneration and allowances which are allowed under existing laws. b.) IAS members shall also have priorities in all quota allocation for training and education.

75.) WHO KEEPS THE RECORDS OF PNP MEMBERS SUBJECT OF IAS INVESTIGATION? Local Internal Affairs offices shall be responsible for the maintenance and update of the records of the members of the PNP within their jurisdiction. When a PNP personnel is reassigned or transferred to another location or unit outside the jurisdiction of the current Internal Affairs office, the original records of such personnel shall be transferred over the Internal Affairs office that will acquired jurisdiction over the transferred personnel while copied will be retained by the former Internal Affairs Office.
In cases where a PNP personnel has been relived of his or her position and has not been given an assignment the Internal Affairs Office where the person has been given an assigned last shall continue to have jurisdiction over his or her records will be forwarded to the Internal Affairs Office acquiring jurisdiction over the PNP personnel.

76.) ARE THE IMMEDIATE SUPERIORS OF PNP MEMBERS INVESTIGATED RELIEVED OF THE RESPONSIBILITIES FOR THE OFFENSES OF THEIR SUBORDINATE ONCE THE IAS INVESTIGATES THE LATTER? The immediate superior of supervisor of the personnel or units being investigated under the preceding section shall be automatically included in the investigation of the IAS.

77.) WHAT IS THE PURPOSE OF THE INVESTIGATION OF THE IMMEDIATE SUPERIOR OR SUPERVISORS? To exclusively determine lapses in administration or supervision. 78.) WHAT IS THE EFFECT OF ANY UNIFORMED PNP PERSONNEL FOUND GUILTY BY LAS UNDER THE PROVISION OF SECTION 39? Any uniformed PNP personnel found guilty of any of the cases mentioned in Section 39 (3rd paragraph) of RA 8551 shall be recommended automatically for dismissed

79.) WHAT IS THE EFFECT OF BEING FOUND BY THE IAS AS NEGLIGENT UNDER SECTION 48? Any immediate superior or supervisor found negligent under Section 48 of RA 8551 shall be recommended automatically demotion. 80.) CAN THE DISCIPLINARY AUTHORITY IN THE PNP REVISE THE RECOMMENDATION OF LAS? Recommendations by the IAS for the impositions of disciplinary measures against an erring PNP personnel, once final cannot be revised set-aside or unduly delayed by any disciplining authority without just cause.

81.) ON WHAT BASIS CAN A DISCIPLINARY AUTHORITY REVISE OR SET-ASIDE A RECOMMENDATION OF THE LAW? Only for just cause 82.) WHAT IS THE LIABILITY OF A DISCIPLINARY AUTHORITY WHO FAILS TO ACT OR WHO ACTS WITH ABUSE OF DISCRETION ON THE RECOMMENDATION ON THE IAS? The disciplinary authority who fails to act or who acts with abuse of discretion on the recommendation of the IAS shall be made liable for gross neglect of duty.

83.) WHERE SHALL THE CASE OF THE AFORMENTIONED ERRING DISCIPLINARY AUTHORITY BE BROUGHT? The case of erring disciplinary authority shall be submitted to the Director General for proper disposition

84.) WHERE CAN AN AGGRIEVED PARTY APPEAL THE FINDINGS OF AN IAS OFFICE? Decisions rendered by the provincial inspectors shall be forwarded to the area Internal Affairs office for review within ten (10) working days upon the receipts thereof. Decisions of the area office may be corrected to the National Office through the Office of Inspector General. Decisions rendered by the National IAS shall be appealed to the National Appellate Board or to the court as may be appropriate (Section 50)

85.) WHAT IS THE EFFECT OF THE CREATION OF IAS TO THE SUMMARY DISMISSAL POWERS OF THE PNP DIRECTOR GENERAL AND REGIONAL DIRECTORS? The summary dismissal powers of the Director General and Regional directors as provided in Section 42 of Republic Act no 6975 shall remain valid provided that the existing jurisdiction over offenses as provided under Republic Act no 6975 shall not be affected

86.) WHERE CAN A COMPLAINT AGAINST AN IAS PERSONNEL BE BROUGHT? A complaint against any personnel or office of IAS shall be brought to the Inspector Generals Office or to the Commission as may be appropriate (sec 51)
87.) WHAT IS A CITIZENS COMPLAINT? Any complaint by a natural or juridical person against any member of the PNP (sec 52).

88.) WHERE IS A CITIZENS COMPLAINT BE FILED? Any complaint by a natural or juridical person against any member of the PNP shall be brought before the following: a.) 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

b.) mayors of cities and municipalities where the offense is punishable by withholding of privileges, restriction to specified limits, suspensions or forfeiture of salary or any combination thereof for a period of no less than sixteen (16) days but not exceeding thirty (30) days

c.) peoples law enforcement board, as created under section 43 of RA 8551 where the offense is punishable by withholding of privilege, restriction to specified limits suspension or 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.

89.) WHAT IS A MINOR OFFENSE? For purposes of RA 6975, a Minor Offense shall refer to any act or Mission not involving moral turpitude but affecting the internal discipline of the PNP and include but not limited to;

a.) Simple misconduct or negligence b.) Insubordination
c.) Frequent absence and tardiness

d.) habitual drunkenness e.) Gambling prohibited by law

90.) WHO EXERCISE DISCIPLINARY POWERS OVER MINOR OFFENSE INVOLVING INTERNAL DISCIPLINE? On dealing with minor offenses involving internal discipline found to have been committed by any regular member of their respective commands, the duly designed supervisors and equivalent officers of the PNP shall after due notice and summary hearing, exercise disciplinary powers as follows;

a.) provincial directors or equivalent supervisors may summarily impose administrative punishment of admonition or reprimand restrictive custody withholding of privileges forfeiture of salary or suspension for any combination of the foregoing provided that in all cases the total period shall not be exceed thirty (30) days

b.) 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 restrictive custody withholding to privileges suspension of forfeiture of salary demotion or any combination of the foregoing provided that in all cases the total period shall not exceed sixty (60) days

c.) 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 there for a period not exceeding one hundred eighty (180) days provided further that the chief of the PNP shall have the authority of place police personnel under restrictive custody during the tendency of a grave administrative case filed against him or even after the filing of a criminal complaint grave in nature against such police personnel.

91.) CAN TWO OR MORE DISCIPLINARY AUTHORITIES ENTERTAIN ONE AND THE SAME COMPLAINT? A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the disciplining authority that has acquired original jurisdiction over the case. And not withstanding the existence of concurrent jurisdiction as regards the offense (ibid).

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What is Republic Act No. 8551?

What is Republic Act No. 8551?

What are the declared policies of the state with regards to the police?

What are the declared policies of the state with regards to the police?

REPUBLIC ACT NO.

REPUBLIC ACT NO. 8551

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