Research Paper, 32 pages (8000 words)

The philippine national police

Subjects: Countries, Philippines

Info

Published: November 16, 2021
Updated: November 16, 2021
University / College: Newcastle University
Language: English
Downloads: 14

Philippine National Police ( PNP )

The Philippine National Police or PNP is the national police force of the Republic of the Philippines with a manpower strength of 113, 928 as of end-July 2007. It provides law enforcement services through its regional, provincial, municipal, district and local police units all over the islands. Created by virtue ofRepublic Act6975, otherwise known as the “ Department of the Interior and Local Government Act of 1990″, the PNP came into being on January 29, 1991, at Camp Crame, Quezon City, when the Philippine Constabulary and the Integrated National Police were retired as mandated by law.

Vision The Men and Women of the PNP are committed to a vision of a professional, dynamic and highly motivated Philippine National Police working in partnership with a responsive community towards the attainment of a safe place to live, work, invest and do business with. Mission To enforce the law, to prevent and control crimes, to maintain peace and order, and to ensure public safety and internal security with the active support of the community.

Functions

Law Enforcement.
Maintain peace and order.
Prevents and investigates crimes and bring offenders to justice.
Exercise the vested powers from the Philippine Constitution and pertinent laws.
Detain an arrested person for a period not beyond what is prescribed by law.
Implements pertinent laws and regulations on firearms and explosives control.
Supervise and control the training and operations of security agencies. History Early Policing Organized policing started in 1500s when nightmen or bantayans patrolled the streets of Manila. The nightmen were under the direction of the alguacil mayor who provided them with muskets as weapons and alarm bells as their means ofcommunication.

In 1836, the Spanish colonial authorities formed the Cuadrillo, a rural police force, to enforce peace in the countryside. Six years later, its general function was assumed by the Cuerpo de Carabineros de Seguridad Publica. The Carabineros de Seguridad Publica was organized in 1712 for the purpose of carrying outlaws of the Spanish government. Native Filipinos served up to the rank of sergeant under the command of Spanish officers. It was the earlier version of mounted riflemen in the history of the Philippine police system. In 1852, the notoriously dreaded Guardia Civil took over peacekeeping duties in the islands under a Royal Decree.

Guardia Civil in the provinces was composed mainly of Filipinos who worked under the jurisdiction of the alcaldes or mayors. They followed a military structure and received semi-military training yet lacked other dimensions of today’s police service. The capture of General Emilio Aguinaldo, president of the First Philippine Republic, signaled the start of the American occupation of the Philippines. Maintaining peace and order, particularly in the countryside, remained the biggest problem of the Americans. The Americans failed to subdue the followers of Aguinaldo like Gen.

Macario Sakay. Hostilities continued in Batangas, Mindoro, Cebu, Bohol and Samar. A military solution to the peace and order problem was ruled, hence, the birth of the Philippine Constabulary. Pacification Campaigns To fight rampant lawlessness, the Philippine Constabulary divided the entire country into constabulary districts. Banditry was rampant in Southern Luzon. Records referred to the bandits as tulisanes. The style of fighting of the early American Constables and the bandits was “ man-to-man, on foot, and generally by arms and bolos. The American foot soldiers had a hard time repelling the tulisanes in their fight in the mountains as their enemies were familiar with the terrain. Malaria and cholera were the diseases that the afflicted the American troops whenever they conducted foot patrol in the hinterlands. The Insular Force The Americans are credited for creating the Philippine Constabulary, the principal instrument of the civil authorities for the maintenance of peace and order. The PC began as a small unit—the Insular Force in 1901. It was set up by virtue of Organic Act No. 75, enacted by the Second Philippine Commission on July 18, 1901. The Constabulary then was composed of six thousand men led by American officers and former members of the Spanish Guardia Civil. Under close American direction and control, it functioned as a military organization. Since its formation, the Constabulary had been primarily discharging police law enforcement and public safety functions. Its officers and men had served with distinction both in the field of law enforcement and in combatingviolenceand lawlessness, and in various aspects of public service.

There was even a time in history when they performed the duties of teachers, sanitary inspectors, midwives, doctors and foresters. The Philippine Constabulary was mandated as a civilian organization on March 15, 1945 when it was placed under the general supervision of the Interior then later transferred to the Secretary of National Defense on March 30, 1950. The Secretary of Interior had supervision over the Constabulary as early as January 13, 1939 until the outbreak of World War II. As an insular police force, the officers of the Constabulary carried the civilian title of “ inspector. Its peacekeeping duty was limited to areas where military rule had been lifted. The Constabulary At War The participation of the Constabulary in the dark years of the Second World War began upon President Roosevelt’s declaration of a state of emergency in the United States. Manila prepared for war. The word had been sent: Japan, the Axis power’s ally in Asia, would soon attack the Far East. Filipinos woke up on the morning of December 8, 1941 to the news that the Japanese had attacked Pearl Harbor.

The first war casualties of the Constabulary came from the bombing of Pan-American Airways installation at San Pedro, Maklati in the afternoon of December 8. Six Constables from the Headquarters Company were wounded. The next days and months saw relentless Japanese bombings on the country’s landmarks, airfields and naval bases. The Death March The Japanese had taken Manila but were surprised that no defense forces were waiting to be captured. The Japanese forces then began the siege of Bataan, ordering four infantry regiments with artillery and tank support to crush the American and Filipino soldiers.

The Japanese then prepared to transfer the prisoners and surrendered troops to Camp o’ Donnel in Capas, Tarlac in what has been known as the “ Death March. ” Because of torture and starvation, 4, 326 prisoners of war died in the infamous march. The Postwar Constabulary The county was left in shambles after the Second World War. Manila was in ruins. Loose firearms and dead bodies littered the streets. This was also the period when communist ideology had been propagated in the countryside and hard-line supporters had been won. The Hukbong Mapagpalaya ng Bayan or Hukbalahap became a force to reckon with in Central Luzon.

The Hukbalahap was born in Pampanga and was spawned by a feudal land system in the province dominated by landlords. Pampanga was an “ ideal ground” for the agrarian unrest. It achieved legal status during the Japanese occupation when it merged with the guerilla forces in fighting the Japanese. The communist movement, meanwhile, capitalized on the agrarian problems of the country to cement its presence. Agrarian unrest was prevalent in agricultural lands in Luzon as well as the sprawling haciendas in the south. Luis Taruc became a leader of the HMBs and founded his own government in Central Luzon.

It was during this turbulent period that the Philippine Constabulary was reactivated into the Military Police Command . Faced with peace and order problems, the Military Police Command was suffering from its own internal crises. The last war had killed many Constables. There was a dearth for trained personnel who would be utilized to address the problems. Constabulary records showed that there were about 20, 000 Hukbalahaps in Luzon in 1946. The Military Police Command, on the other hand, had 23, 000 informal enlistees. Reorganization

On January 1, 1944, the Military Police Command was dissolved by virtue of Executive Order No. 94 issued by President Manuel A. Roxas. The Command’s 12, 000 officers and men were absorbed by the newly reorganized Philippine Constabulary. The revitalized PC was in charge of the country’s peace and order “ except those which were purely military in nature. ” Brig. Gen. Mariano Castaneda became chief of the PC and instituted reforms. On June 21, 1948, President Elpidio Quirino offered general amnesty to the Huks. Taruc, who had been elected a member of Congress representing Pampanga, returned to Manila.

But Taruc had no plans to surrender. He only went to Manila to collect his back salaries and used themoneyfor his comrades’ operations in Central Luzon. President Ramon Magsaysay was credited for crippling the Huk movement by mobilizing the Philippine Constabulary. Magsaysay used the “ friendly touch” for winning over the Huks, building roads for them and giving them lands. The Rise of the Communist Party of the Philippines The Philippine Constabulary’s attempt to maintain peace and order did not end with the decimation of the Huks.

On December 26, 1968, Jose Maria Sison, a PoliticalSciencestudent at the University of the Philippines, founded the Communist Party of the Philippines. The communist ideology spread through a small discussion group called Kabataan Makabayan organized by Sison and his colleagues in the middle sixties. Sison then rose to become the leader of the CPP and organized the military wing of the CPP, the New People’s Army. But the communists suffered a crushing blow on January 9, 1969 in the hands of the Constabulary who killed the most number of communist leaders in one encounter in Orani, Bataan.

The PC Metropolitan Command The upsurge of mass demonstrations and violence during the latter part of the 60s and the expansion efforts of the communist movement triggered the creation of the PC Metropolitan Command. To quell the unrest, President Ferdinand Marcos issued Executive Order Number 76 on July 14, 1967 establishing the PC Metrocom which became the PC’s striking force as it was authorized to conduct 24/7 patrol in the entire Metro Manila and was tasked to “ supplement or complement local police action in the repression and prevention of crimes…” Martial Lawand the PC

The Philippine Constabulary took on a pivotal role when President Marcos declared Martial Law on September 21, 1972. Marcos mobilized the Constabulary and other major services of the military to dismantle the “ unconstitutional opposition” and to prevent widespread hooliganism and gangsterism. Convinced that there was a need to restructure the social base that bred lawlessness, Marcos reorganized the government machinery to effect his desired changes in the social, economic and political structures. On March 21, 1974, President Ferdinand E.

Marcos signed Presidential Decree 421 unifying all the police, fire and jail services in Metro Manila. The move was significant as it created an elite force, the Metropolitan Police Force, that was placed under the aegis of the PC Metrocom. The decree was also the first step in fulfilling the constitutional mandate for an integrated national police force. The Metropolitan Police Force was tasked to carry out the integration of all police units nationwide. Brigadier General Prospero A Olivas, commanding general of the Metrocom, was assigned the task of launching the pilot project under the supervision of Fidel V.

Ramos and Brigadier General Cicero C. Campos, deputy Chief for police matters. General Olivas would have the power and direction over the Metrocom, including tactical, strategic movements, deployments, placements and utilization of the entire force and the training thereof. On August 8, 1975, Marcos issued Presidential Decree No. 765 establishing the Integrated National Police with the Philippine Constabulary as the nucleus and all police officers as components. They were all placed under the supervision of the Ministry of National Defense.

The Creation of the Philippine National Police The People’s Revolution of 1986 saw the birth of the 1987 Constitution that included a provision on the PNP which was to be “ national in scope and civilian in character. ” In 1991, the Philippine National Police was created with the passage of Republic Act No. 6975, otherwise known as the “ Department of the Interior and Local Government Act of 1990. ” The principal authors of the Republic Act 6975 were Senators Ernesto N Maceda and Aquilino Pimentel, Congressmen Jose S Cojuangco Jr. nd Rodrigo Gutang. Upon its signing into law on December 13, 1990, the PNP underwent a transitory period; and on 31 March 1991, President Corazon Aquino named General Cesar Nazareno as the first Director General of the Philippine National Police. On January 29, 1991, at Camp Crame, Quezon City, the Philippine Constabulary and the Integrated National Police were retired officially and the Philippine National Police was born. Like any new evolving organization, the PNP suffered from birth pains.

To address these concerns, Republic Act 8551 or the PNP Reform and Reorganization Act of 1998 was enacted on February 17, 1998 to amend certain provisions of Republic Act No. 6975. This move was in response to the growing clamor to transform the PNP “ into a more responsive, effective and relevant police organization. ” Under this Act, the PNP shall be strengthened and evolved into a highly efficient police force that is community and service-oriented and fully accountable in the performance of its action. PNP SEAL : Meaning AndSymbolism

Lapu-Lapu Hero – The great Filipino hero of Mactan, the prototype of the best and most noble in Filipino manhood who is the symbol and embodiment of all the genuine attributes ofleadership, courage, nationalism, self-reliance and a people-based and people powered community defense. The benevolent and heroic warrior who derived added strength from a cohesive, determined and loyal people is today a fitting symbol and a prototype as well of people power to preserve our values, customs, traditions, way of life and the rule of law thru a solidly community-based police system.

Lapu-Lapu also personifies for us today civilian constitutional authority. Laurel – Green Laurel with 14 leaves, symbolizes the 14 Regional Commands. It is also a symbol of the honor, dignity and the privilege of being a member of a noble organization where the call to public service is par excellence a commitment to public trust. Shield – The symbol of the Philippine Constabulary, the first National Police by virtue of Organic Act No. 175, enacted by the Philippine Commission on 18 July 1901.

The Philippine Constabulary for the close to 90 years of service to the nation has performed with honor, professionalismand courage. The PC has carved out a large part of the glorious pages of Philippine history, as attested by its proudly and deservedly garnering 86 of the 92 ” Medals of Valor” the highest honor that a grateful Filipino nation can bestow on its gallant sons in the service of the Republic. Most appropriately therefore, the Philippine Constabulary became the nucleus of the Integrated National Police in 1975 to nurture the then embryonic concept of the nationalization of the country’s local police forces.

Three Stars – Luzon, Visayas and Mindanao and the 1, 700 islands and the territorial integrity wherein the National Police must enforce the law and maintain peace and order with professionalism, zeal and dedication in keeping with the highest ideals and traditions of service to our country and people. Service • Honor • Justice – Added distinct ideals for the officers, men and women of the PNP to insure efficiency, integrity, cohesiveness, camaraderie and equanimity to enhance community acceptance and support to attain its mission of peace keeping and law enforcement.

Sun – Symbolize the flowering, maturing and ultimate realization of the glorious evolution of the PC/INP into a National Police Organization – ” national in scope and civilian in character” – as enshrined in the 1986 Constitution. The Traditional light rays which represents the fightingest provinces whose ideals of courage andpatriotismthe members of the National Police must possess. Ranks Distribution The following ranks are observed in the PNP as of 2009 with the following (in descending order):[10] Commissioned officers Director General (P D/Gen. ) – General Deputy Director General (P D/DGen. ) – Lieutenant General Director (P Dir. – Major General Chief Superintendent (P C/Supt. ) – Brigadier General Senior Superintendent (P S/Supt. ) – Colonel Superintendent (P Supt. ) – Lieutenant Colonel Chief Inspector (P C/Insp. ) – Major Senior Inspector (P S/Insp. ) – Captain Inspector (P Insp. ) – Lieutenant Note: Rank in Italics is the Army equivalent. There is no Second Lieutenant rank-equivalent in the P. N. P. Non-commissioned officers Senior Police Officer IV (SPO4) – Senior Master Sergeant / Chief Master Sergeant Senior Police Officer III (SPO3) – Master Sergeant Senior Police Officer II (SPO2) – Technical Sergeant Senior Police Officer I (SPO1) – Staff Sergeant

Police Officer III (PO3) – Sergeant Police Officer II (PO2) – Corporal Police Officer I (PO1) – Private First Class Note: Rank in Italics is the Army equivalent. There is no Private rank-equivalent in the P. N. P. (Philippine National Police) List of PNP CHIEFS #| Name| Term of Office| | | Start| End| 1| Cesar P. Nazareno[1]| 31 March 1991| 28 August 1992| 2| Raul S. Imperial[1]| 28 August 1992 (acting) 28 October 1992 (official)| 6 May 1993| 3| Umberto Rodriguez[1]| 6 May 1993| 8 July 1994| 4| Recaredo Arevalo Sarmiento II[1]| 8 July 1994| 1997| 5| Santiago L. Alino[2]| 1997| 1998| 6| Roberto T. Lastimoso[2]| 1998| 1999| 7| Edmundo L.

RA 1080 (Board Passer, MedDoctor, Engineering, Teacheretc… ) RA 6506 (Criminologist) PD 907 For Regular Recruitment Quota, applicants may submit his/her folder with complete documentary requirements to the Provincial Screening Committee for eventual recommendation to the PNP Regional Screening Committee. Documentary Requirements: * Personal Data Sheet (CS form 212, Revised 2005) * Birth Certificate ; Marriage Contract, ; Birth Certificate of Children * Transcript of Scholastic Records ; Diploma * Eligibility * Clearances1 Piece whole Body Picture Barangay Clearance Local Police Clearance * Mayor’s Clearance * MTC/RTC/Prosecutor Clearance * NBI Clearance * DI Clearance PHQ – S2) * Good Moral Character for College/University * Medical Certifcate from Local Health Office Note: Documents must be properly authenticated by issuing office/ agency. Use ordinary BLUE Long Folder with plastic cover ; white tabbings for the application folders. Ad Hoc Screening Committee: Ad Hoc Screening Committee that shall be responsible for the widest dissemination of vacancies in the area and determination of the fitness of police applicants.

The Screening Committee shall be composed as follows: a. City/Municipal Screening Committee * Members * Vice-Mayor designated as Chairman * DILG CLGOO/MLGO as Vice-Chairman * POC Member from the Academe designated as Member * City Director (for City Level)/Chief of Police (Municipal Level) and Member b. Provincial Screening Committee PNP Deputy Provincial Director for Administration or any PNP Senior Officer in the province designated by the Provincial Director – Chairman. Members NAPOLCOM Official to be designated by the NAPOLCOM Regional Director * Private citizen of known probity and integrity in the province to be designated by the Provincial Governor * PLEB Chairman in the locality where the selection will be undertaken * PPOC Representative to be designated by the PPOC Chairman c. Regional Screening Committee PNP Deputy – Regional Director for Administration or any PNP Senior Officer in the Regional Command designated by the PNP Regional Director – Chairman Members NAPOLCOM Senior Official in the Regional Office to be designated by the Regional Director * Private citizen of known probity and integrity in the region to be designated by the Provincial Governor of the province where the Regional Command Headquarters is situated. * PLEB Chairman in the locality where the selection will be undertaken * RPOC Representative to be designated by the RPOC Chairman Additional Screening and Recruitment Committees, however, may be constituted by the PNP to facilitate expeditious and efficient processing of applications, provided the herein required membership shall be followed.

Screening Procedure a. PreliminaryInterview/Screening – A point system shall be applied in the assessment and evaluation of the measurable qualification standards possessed by an individual applicant. The applicant shall be interviewed personally by the Screening Committee. If the applicant qualifies, he/she shall be required to present or accomplish the following: | Minimum Points| Maximum Points| Educational| 21 pts| 30 pts| Eligibility| 21 pts| 30 pts| Physical Agility Test| 10. 5 pts| 15 pts| Final Interview| 16 pts| 25 pts| | 68. 5 pts| 100 pts| iven for those with Masteral, LLB units, graduates with honors and with multiple eligibilities (maximum 30 points) b. Physical Agility Test (15 pts) – The Screening Committee shall require the applicant to undergo a physical agility test designed to determine whether or not he possesses the required coordination, strength and speed of movement necessary for service, as follows: Maximum Total| 100 pts| Passing Score| 75 pts| | | | | A. 7 Pull ups (3 pts each) hanging (time in sec divided by 6 = pts earned)| men| 21 points| | women| | B. 2 min Push ups (0. 5 pt each)| men| 20 points| 1. 0 pt each)| women| | C. 2 min Sit ups (0. 5 pt each)| men| 21 points| (1. 0 pt each)| women| | D. 100 meter run| | 18 points| | | | | 100 Meter Runs (Sprint)| Men| | Women| Below 13. 0 sec or less| 20 pts| Below 19 seconds| | 13 seconds +| 18 pts| 19 seconds +| | 14 seconds +| 16 pts| 20 seconds +| 16 pts| 15 seconds +| 14 pts| 21 seconds +| 14 pts| 16 seconds +| 12 pts| 22 seconds +| 12 pts| 17 seconds ; up| 10 pts| 23 seconds +| 10 pts| | | | | 1000 Meter Runs| Men| | women| | 3’25” and below| 18 pts| 4’25” below| 18 pts| 3’26” – 3’46″| 16 pts| 4’26” – 4’46″| 16 pts| ’47” – 4′ 07″| 14 pts| 4’47” – 5′ 07″| 14 pts| 4’08” – 4′ 28″| 12 pts| 5’08” – 5′ 28″| 12 pts| | | | | c. Psychological and/or Neuro Psychiatric Test – To exclude applicants who may be suffering from any mental disorder, the applicant shall take a psychological and/or neuro-psychiatric test to be administered by the PNP, or any duly recognized institution and meet all the requirements in paragraph (a) above. d. Character and Background Investigation – The Screening Committee shall cause an intensive investigation to be conducted on the character and background of the applicant with the end in view of etermining his character reputation and possible involvement in any questionable or criminal activities as well as his propensity toward violence or use of force. e. Physical and Mental Examination – In order to determine whether or not the applicant is in good health, free from any contagious diseases, a physical and medical examination must be conducted by the city/municipal health officer or PNP medical officer after he/she qualified for preliminary interview. f.

Final interview (25 pts) – The Screening Committee shall interview the qualified applicant for suitability for police work. The interview shall aid in determining likeableness, affability, attitude towards work, outside interest, forcefulness, conversational ability, disagreeable mannerism, etc. g. Oath-Taking – After the final deliberation and through selection among the qualified applicants, the successful applications shall take their oath of Office. h. Probationary – period of at least twelve (12) months.

The New PO1s must undergo the Public Safety Basic Recruit Course (PSBRC) and Field Training Program in order to attain permanent status. Appointment of PNP Officers and Members The appointment of the officers and 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. Qualifications of Chief of City and Municipal Police Stations 1. No person may be appointed chief of a city police station unless he holds 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, 3.

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. Promotions a) A member of the PNP shall not be eligible for promotion to a higher position or rankunless he has successfully passed the corresponding promotional examination given by theCommission, or the Bar or corresponding board examinations for technical services and other professions, and has satisfactorily completed an appropriate and accredited course in thePNP 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 conspicuouscourage and gallantry at the risk of his life above and beyond the call of duty, or selected assuch in a nationwide search conducted by the PNP or any accredited civic organization. PNP RANKS AND INSIGNIA Police Commissioned Officer Shoulder Ranks | | | | Police Chief Superintendent General| Police Director| Police Deputy Director General| Police Director General| | | | | Police Chief Inspector| Police Superintendent| Police Senior Superintendent| | | | | |

Police Inspector| Police Senior Inspector| | | Police Non-Commissioned Officer Sleeve Ranks | | | | Senior Police Officer I| Senior Police Officer II| Senior Police Officer III| Senior Police Officer IV| | | | | Police Officer I| Police Officer II| Police Officer III| | Note: Rank in Italics is the Army equivalent. There is no Second Lieutenant rank-equivalent in the PNP. ADMINISTRATIVE DISCIPLINARY MACHINERY (RA 6975 – Sec 41-50) 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: (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 ortardiness; 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 officer. Section 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 appealed by either party 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 he 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, Thatfailureof 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. Section 49. 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.