PHILIPPINE DRUG ENFORCEMENT AGENCY

The enactment of R.A. 9165 reorganized the Philippine drug law enforcement
system. While the Dangerous Drugs Board remains as the policy-making and
strategy-formulating body in planning and formulation of policies and program on
drug control and prevention, it created the Philippine Drug Enforcement Agency
under the Office of the President

MANDATE AND FUNCTIONS

Our Mandate

The Philippine Drug Enforcement Agency (PDEA) is responsible for efficient law
enforcement of all provisions on any dangerous drugs and/or precursors and
essential chemicals.

Our Functions

As the lead agency in the fight against illegal drugs, the law confers PDEA with the
following functions to attain its mission:

Implement or cause the efficient and effective implementation of the national drug
control strategy formulated by the Dangerous Drugs Board.

Undertake the enforcement of the provisions of Article II of RA 9165 relative to the

unlawful acts and penalties involving any dangerous drug.

Administer oath and issue subpoena and subpoena duces tecum relative to the
conduct of investigation involving the violations of RA 9165.

Arrest and apprehend as well as search all violators and seize or confiscate the
effects or proceeds of the crimes as provided by law.

Take charge and have custody of all dangerous drugs and/or controlled precursors
and essential chemicals seized, confiscated or surrendered to any national,
provincial or local law enforcement agency.

Establish a forensic laboratory in each PNP office in every province and city in order
to facilitate action on seized or confiscated drugs, thereby hastening their
destruction without delay.

Recommend to the DOJ the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of RA 9165 and in
accordance with the pertinent provisions of the Anti-Money Laundering Act of 2001.

Prepare for prosecution or cause the filing of appropriate criminal and civil cases for
violation of all laws on dangerous drugs, controlled precursors and essential
chemicals, and other similar controlled substances.
Monitor and if warranted by circumstances, in coordination with the Philippine
Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels and
mails in the central post office.

Conduct eradication programs to destroy wild or illegally grown plants from which
dangerous drugs may be extracted;

Initiate and undertake the formation of a nationwide organization which shall

coordinate and supervise all activities against drug abuse in every province, city,
municipality and barangay;

Establish and maintain a national drug intelligence system in cooperation with law
enforcement agencies, other government agencies/offices and local government
units that will assist in the apprehension of big-time drug lords;

Establish and maintain close coordination, cooperation and linkages with

international drug control and administration agencies and organizations

Create and maintain an efficient special enforcement unit to conduct an

investigation, file charges and transmit evidence to the proper court.

.Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it.

Coordinate with the DDB for the facilitation of the issuance of necessary guidelines,
rules and regulations for the proper implementation of RA 9165

Initiate and undertake a national campaign for drug prevention and control
programs, where it may enlist the assistance of any department, bureau, office,
agency or instrumentality of the government, including government-owned and/or
controlled corporations; and

Submit annual and periodic reports to the DDB as may be required from time to
time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President.

NATIONAL BUREAU OF INVESTIGATION.

A Division of Investigation under the Department of Justice is hereby created. It

shall be composed of such personnel as may be necessary, in the discretion of the
Secretary of Justice, and its duties shall be to help in the detection and prosecution
of crimes; to acquire, collect, classify and preserve criminal identification records;
and to obtain information on all matters affecting the public interest.
Functions of NBI under R.A. No. 157
1. Undertake investigation of crimes and other offenses against the laws of the
Philippines, upon its own initiative and as public interest may require.
2. To render assistance, whenever properly requested in the investigation or
detection of crimes and other offenses.
3. To act as a national clearing house of criminal and other information for the
benefit use of all prosecuting and law enforcement entities of the Philippines;
identification records of identifying marks, characteristics, and ownership or
possession of all firearms as well as of test bullets fired therefrom.
4. To give technical aid to all prosecuting and law enforcement officers and entities
of the government as well as the courts that may request its services.
5. To extend its services, whenever properly requested in the investigation of cases
of administrative or civil in nature in which the government is interested.
6. To establish and maintain an up-to-date scientific crime laboratory and to
conduct researches in furtherance of scientific knowledge in criminal investigation.
7. To perform such other related functions as the Minister (Secretary since 1987) of
Justice may assign from time to time.
B. Under Letter of Instructions (LOI) No. 20
-The National Bureau of Investigation shall, among others, be responsible for the
efficient detection and investigation of crimes and other offenses against the laws of
the Philippines, upon its own initiative and as public interest may require, rendering
assistance, whenever properly requested in the investigation or detection of crimes
and other offenses; and coordinating with other national and local police agencies in
the maintenance of peace and order.

THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL)

INTERPOL is the world’s largest international police organization, with 188

member countries. Created in 1923, it facilitates cross-border police co-operation,
and supports and assists all organizations, authorities and services whose mission is
to prevent or combat international crime.

INTERPOL aims to facilitate international police co-operation even where

diplomatic relations do not exist between particular countries. Action is taken within
the limits of existing laws in different countries and in the spirit of the Universal
Declaration of Human Rights. Interpol’s constitution prohibits ‘any intervention or
activities of a political, military, religious or racial character.’

INTERPOL

The world’s largest international police organization.

Founded in Vienna in 1923 and reconstituted in 1946.

Facilitates cross-border police cooperation, and supports and assists all
organizations, authorities and services whose mission is to prevent or combat
international crime.

Jolly R. Bugarin - The Former Filipino President of INTERPOL in 1980 – 1984.

INTERPOL 6 PRIORITY CRIME AREAS

Drugs and Criminal Organizations

Financial and High-Tech Crimes

Fugitives

Public Safety and Terrorism

Trafficking in Human Beings

Corruption

Interpol’s Four Core Functions

Interpol’s activities are guided by the following four core functions:

Secure global police communication services

Interpol’s global police communications system, known as I-24/7, enables

police in all member countries to request, submit and access vital data instantly in a
secure environment.

Operational data services and databases for police

Member countries have direct and immediate access to a wide range of

databases including information on known criminals, fingerprints, DNA profiles and
stolen or lost travel documents. INTERPOL also disseminates critical crime-related
data through a system of international notices.

Operational police support services

INTERPOL provides law enforcement officials in the field with emergency

support and operational activities, especially in its priority crime areas. A Command
and Co-ordination Centre operates 24 hours a day, seven days a week and can
deploy an Incident Response Team to the scene of a serious crime or disaster
 RESPONSE TEAMS

Incident Response Teams (IRT)

Disaster

Crimes

Major Events Support Teams (IMEST)

Police training and development

INTERPOL provides focused police training initiatives with the aim of

enhancing the capacity of member countries to effectively combat transnational
crime and terrorism. This includes sharing knowledge, skills and best practices in
policing and establishing global standards.

LAND TRASPORTATION OFFICE

It is an agency of the Philippine government under the Department of

Transportation and is responsible for all land transportation in the Philippines.

Functions of the Land Transportation Office include the following:

inspection and registration of motor vehicles

issuance of license and permits

enforcement of land transportation rules and regulations

adjudication of traffic case

Collection of revenues for the government of the Philippines.

Its primary mission is to rationalize the land transportation services and

facilities and to effectively implement the various transportation laws,
rules, and regulations.

It believes that it is the responsibility of those involved in the public service to be

more vigilant in their part in the over-all development scheme of national
leadership. Hence, the promotion of safety and comfort in land travel is one of LTO's
continuing commitments. It aims to be a frontline government agency that
showcases fast and efficient public service for a progressive land transport sector.

MANDATE and FUNCTIONS OF OTHER PUBLIC SAFETY AGENCIES

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

It is the executive department of the Philippine government responsible for

promoting peace and order, ensuring public safety and strengthening local
government capability aimed towards the effective delivery of basic
services to the citizenry.

DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES

It is tasked to formulate and implement policies, guidelines, rules and regulations

relating to environmental management and pollution prevention and
control.

We formulate, implement and supervise the government's policies, plans and

programs pertaining to the management, conservation, development, use and
replenishment of the country's natural resources and biological diversity.
Further, we promulgate and implement rules and regulations governing the
exploration, development, extraction, disposition, and use of our forests,
lands, minerals, wildlife and other natural resources.

DEPARTMENT OF TRANSPORTATION

It is the executive department of the Philippine government responsible for the

maintenance and expansion of viable, efficient, and dependable
transportation systems as effective instruments for national recovery and
economic progress.

Until June 30, 2016, the department was named Department of Transportation
and Communications (DOTC; Filipino: Kagawarán ng Transportasyón at
Komunikasyón).

With Republic Act No. 10844 or "An Act Creating the Department of
Information and Communications Technology", signed into law on May 20,
2016 during the administration of Outgoing President Benigno Aquino III, the
Information and Communications Technology Office was spun off the Department of
Science and Technology (DOST) and merged with all operative units of the DOTC
dealing with communications, to form the new Department of Information and
Communications Technology.[2]

At Present

By 2016, the foundation of the Department of Information and

Communications Technology caused the DOTC to become simply the DOTr as
the DICT transferred the DOTC's communications agencies to it.
MANDATE

The Ministry shall be the primary policy, planning programming, coordinating,

implementing, regulating and administrative entity of the Executive Branch of the
government in the promotion, development and regulation of dependable and
coordinated networks of transportation and communications systems, as well as in
the fast, safe, efficient and reliable postal, transportation and communications
services.

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT

Mission

To provide social protection and promote the rights and welfare of the poor,
vulnerable and the disadvantaged individual, family and community to
contribute to poverty alleviation and empowerment through SWD policies,
programs, projects and services implemented with or through LGUs, NGOs,
POs, GOs and other members of civil society."

DSWD Legal Bases

1. Provide a balanced approach to welfare whereby the needs and interest of the
population are addressed not only at the outbreak of crisis but more importantly at
the stage that would inexorably lead to such crisis.

- Executive Order No. 123

2. An Act to Regulate the Practice of Social Work and the Operation of Social Work
Agencies in the Philippines and for Other Purposes

- Republic Act No. 4373

3. Develop and implement a comprehensive social welfare program consisting of:

Prevention and remedial programs and services for individuals, families and
communities;

Protective, remedial and development welfare services for children and youth;

Vocational rehabilitation and related services for the physically handicapped, ex-
convict and individuals with special needs;Training and research and special
projects.

- Republic Act No. 54165

4. All NGAs shall conduct periodic consultations with appropriate LGUs, People s
Organization, NGOs and other concerned sectors of the community before any
project or program is implemented in their respective jurisdiction.
 - Republic Act No. 7160

DEPARTMENT OF NATIONAL DEFENSE

FUNCTIONS

It is tasked with the responsibility of providing the necessary

protection of the State against external and internal threats;
directing, planning and supervising the National Defense Program;
maintaining law and order throughout the country; and performing
other functions as may be provided for by law.

It exercises executive supervision over the Armed Forces of

the Philippines (AFP), the Government Arsenal (GA), the Office of
Civil Defense (OCD), the Philippine Veterans Affairs Office (PVAO), and
the National Defense College of the Philippines (NDCP).

It is charged with the duty of supervising the National Defense

Program of the country.

It also has responsibility for overseeing field operations to ensure the

judicious and effective implementation of National Defense and
Security Programs.

DEPARTMENT OF HEALTH

The Department of Health (DOH) is mandated to be the over-all technical

authority on health. The major mandate of DOH is to provide national
policy direction and develop national plans, technical standards and
guidelines on health.

It is also a regulator of all health services and products; and provider of

special or tertiary health care services and of technical assistance to other health
providers especially to Local Government Units (LGU).

According to the 1987 Constitution, Article II, Section 15 declares that “The
State shall protect and promote the right to health of the people and instill health
consciousness among them.

OFFICE OF THE PRESIDENT

The executive powers of the President under the 1987 Constitution from which
the office of the President mandate emanates, includes among others the
President’s power of control over all the executive departments, bureaus
and offices, and the chief executive departments, bureaus and offices, and the
Chief Executive’s Constitutional duty to ensure that the laws are faithfully
executed. Based on said executive powers of the President, the OP Proper would
perform the following vital/core functions:

Respond to the specific needs and requirements of the President to achieve the
purposes and objectives of the Office and the other agencies under it which include
those under the chairmanship of the President, those under the supervision and
control of the President, those under the supervision and control/administrative
supervision of the OP, those attached to it for policy and program coordination, and
those not placed by law or order creating them under any special department;

Provide advisory or consultative services to the President in such fields and under
such conditions as the President may determine;

Provide technical and administrative support on matters concerning development

and management, general government administration and internal administration;
and

Provide direct services to the President and, for this purpose, attend to functions
and matters that are personal and pertain to the First Family

DEPARTMENT OF JUSTICE

FUNCTIONS and MANDATE

The DOJ investigates the commission of crimes and prosecutes offenders through
the National Bureau of Investigation (NBI) and the National Prosecution
Service (NPS), respectively. Likewise, the DOJ administers the probation and
correction system of the country through the Bureau of Corrections (BuCor),
the Board of Pardons and Parole (BPP) and the Parole and Probation
Administration (PPA).

The DOJ, through the Office of the Solicitor General (OSG) and the Office of the
Government Corporate Counsel (OGCC), acts as the legal representative of the
Government of the Philippines, its agencies and instrumentalities including
government owned and controlled corporations and their subsidiaries, officials and
agents in any proceeding, investigation or matter requiring the services of a lawyer.

The Secretary is likewise empowered to act on all queries and/or requests for
legal advice and guidance from private parties and other officials and
employees of the government.
The DOJ provides immigration and naturalization regulatory services and
implements the laws governing citizenship and the admission and stay of
aliens through the Bureau of Immigration (BI). Also, under Administrative
Order No. 142 dated August 23, 1994, the Secretary or his duly-authorized
representative is authorized to act on immigration matters, including waiver of visas
and admission of aliens, except deportation matters.

The DOJ is the central authority of the Republic of the Philippines relative to
extradition and mutual legal assistance treaties (MLAT) on criminal matters and
is involved in several aspects of international cooperation such as the
drafting and implementation of legislation and agreements as well as the
negotiation of extradition and MLAT. Moreover, under Philippine Extradition
Law (P.D. 1069), the DOJ handles requests for extradition and/or mutual legal
assistance and represents treaty partners in Philippine courts.

The DOJ provides free legal assistance/representation to indigents and poor litigants
as well as other qualified persons in criminal, civil, and labor cases, administrative
and other quasi-judicial proceedings and non-commercial disputes through the
Public Attorney's Office (PAO) pursuant to RA No. 9406.

With regard to conciliation and mediation, the Alternative Dispute Resolution Act of
2004 (RA 9285) created the Office for Alternative Dispute Resolution (OADR),
which is an agency attached to the DOJ and which is tasked to promote, develop
and expand the use of alternative dispute resolution in civil and
commercial disputes.

In addition to performing its mandate under E.O. 292, the Department is

significantly involved in the implementation of the following penal, national
security, and social welfare laws:

[REPUBLIC ACT NO. 8551]

“An Act Providing For The Reform And Reorganization Of The Philippine National
Police And For Other Purposes, Amending Certain Provisions Of Republic Act
Numbered Sixty-Nine Hundred And Seventy-Five Entitled, “An Act Establishing The
Philippine National Police Under A Reorganized Department Of The Interior And
Local Government”
Short title: (THE PNP REFORM and REORGANIZATION ACT OF 1998)

THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS

- The Department of the Interior and Local Government shall be 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 functions support
the Armed Forces of the Philippines on matters involving suppression of
insurgency, except in cases where the President shall call on the PNP to support
the AFP in combat operations.

“In times of national emergency, the PNP, the Bureau of Fire Protection, and the
Bureau of Jail Management and Penology shall, upon the direction of the President,
assist the Armed Forces in meeting the national emergency.”

THE NATIONAL POLICE COMMISSION

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 an agency attached to the Department for policy and
program coordination.

It shall be composed of the following:

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 police or military,

(1) of whom shall be designated as vice chairperson by the President. The fourth
regular commissioner shall come from the law enforcement sector either active or
retired:

Provided , That an active member of a law enforcement agency shall be considered

resigned from said agency once appointed to the Commission
Provided further, that at least one (1) of the Commissioners shall be a woman. The
Secretary of the Department shall be the ex-officio Chairperson of the Commission,
while the Vice Chairperson shall act as the executive officer of the Commission.

EXAMINATIONS OF POLICEMEN

The National Police Commission shall administer the entrance and promotional
examinations for policemen on the basis of the standards set by the Commission.”

POLICE RECRUITMENT, SELECTION AND PLACEMENT

On Police Recruitment

The first step in the recruiting procedure and the one that should receive greatest
emphasis is that of attracting applicants. Recruitment in the police service is
dependent on the availability of national or regional quota of the PNP which is
determined by the NAPOLCOM

STANDARD POLICY ON SELECTION AND APPOINMENT

There shall be standard policy for the selection of policy personnel

throughout the Philippines in order to strengthen the police service and lay the
ground work for police professionalization.

General Qualifications for Appointment. – No person shall be appointed as

officer or member of the PNP unless he or she possesses the following minimum
qualifications:

a) A citizen of the Philippines;

"b) A person of good moral conduct;

"c) Must have passed the psychiatric/psychological, drug and physical

tests 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 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 by 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 weigh not more or less than five kilograms (5 kgs.) from 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: except for the last qualification, the above-
enumerated qualifications shall be continuing in character and an absence of any
one of them at any given time shall be a ground for separation or retirement from
the service: Provided, That PNP members who are already in the service upon the
effectively 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.

"For the purpose of determining compliance with the requirements on

physical and mental health, as well as the non-use of prohibited drugs, the PNP by
itself or through a NAPOLCOM accredited government hospital shall conduct regular
psychiatric, psychological drug and physical tests randomly and without notice.

"After the lapse of the time period for the satisfaction of a specific
requirement, current members of the PNP who will fail to satisfy any of the
requirements enumerated under this Section shall be separated from the
service if they are below fifty (50) years of age and have served in
Government for less than twenty (20) years or retired if they are from the
age of fifty (50) and above and have served the Government for at least twenty
(20) years without prejudice in either case to the payment of benefits they may be
entitled to under existing laws."

ON SELECTION PROCEDURES

The purpose of the selection process is to secure these candidates who have
the highest potential for developing into good policemen. The first function is to
measure each candidates qualifications and the second function is because of the
comparative nature of the merit system.

THE SCREENING PROCEDURES

PRELIMINARY INTERVIEW- the applicant shall be interviewed personally by the
personnel if the applicants qualifies with respect to the requirements of citizenship,
education and age he shall be required to present the following:

Letter of application if none has been submitted

Information sheet

copy of his picture

Birth certificate

TOR

Local clearances

PHYSICAL AND MEDICAL EXAMINATION- In order to determine whether or not

the applicant is in good health, free from ay contagious diseases and physically fit
for police service, he shall undergo thorough physical and medical examination.

MEDICAL STANDARDS FOR POLICE CANDIDATES

GENERAL APPEARANCE- the applicant must free from any marked deformities
from all parasite or systematic skin disease and from evidence of intemperance in
the use of illegal drugs. The body must well-proportioned of good muscular
development and show careful attention to personal cleanliness. Obesity, muscular
weakness or poor physique must be rejected. The girth of abdomen should not be
more than measurement of chest at rest.

NOSE, MOUTH AND TEETH- The mouth must free from any deformities in
conditions with interfere with distinct speech. Teeth must clean and must free from
multiple cavities. Missing teeth may be supplied by crown or bridge work where site
of teeth makes this impossible, rubber denture will be accepted. At least 20 natural
teeth must be present.

GENITALS- must be free from deformities and from varicole, hyrocole and
enlargement of testicles. Any acute and all venereal diseases of these organ must
be rejected.

ARMS, LEGS, HANDS and FEET- must free from infection of the joints, sprains,
stiffness or other conditions such as flat foot, long nails which would prevent the
proper and easy performance of duty.

EYES- the applicant must free from colour blindness and be able to read with each
eye separately from standard test type at a distance of 20 feet.
RESPIRATION- The respiratory murmur must be clear and distinct over the lungs
and no disease of the respiratory organ is present.

CIRCULATION- the action of the heart must be uniform free and steady its rhythm.

KIDNEYS- must be healthy and urine normal.

PHYSICAL AGILITY TEST- The screening committee shall require the applicant to
undergo a physical agility test designed to determine whether or not he possess the
required coordination strength and speed of movement necessary for police service.
The applicant shall pass the test like the following:

1 minute push ups (proper)

1 minute seat ups(proper)

1 minute pull ups(proper)

3 kilometer run for boys must not exceed 14 to 16 minutes. For girls must not
exceed 18 to 20 minutes.

1000 meter run

100 meter sprint

Squat thrust and the like.

CHARACTER AND BACKGROUND INVESTIGATION- The screening committee

shall cause confidential investigation of the character and from among various
sources.

PSYCHOLOGICAL AND NEURO-PSYCHIATRIC TEST- in order to determine

applicants who is emotionally unstable, psychotic or suffering from mental disorder.

ORAL INTERVIEW- the screening committee shall interview the qualified

applicants for suitability for police work. The interview shall aid in determining
appearance, likeableness, and attitude toward work, outside interest, forcefulness
and disagreeable mannerism.

POLICE APPOINMENT
 Any applicant who meets the general qualifications for appointment to police
service and who passes the test required in the screening procedure shall be
recommended for initial appointment and shall be classified as follows:

TEMPORARY- if the applicant passes through the waiver program provided under
RA 8551.

PROBATIONARY- If the applicant passes through the regular screening.

PERMANENT- if the applicant able to finish the require field training program for
permanency.

Appointment in the PNP shall be affected in the following manner:

POI – SPO4- Appointed by the PNP regional director for regional personnel or by
the Chief of the PNP for national Headquarters personnel and attested by the Civil
service commission.

Inspector to Superintendent- appointed by the Chief PNP as recommended by

their immediate superiors and attested by the Civil Service Commission

Senior Superintendent to Deputy Director general- Appointed by the

President upon the recommendation of the Chief PNP with the endorsement of the
Civil Service Commission and with the confirmation of the Commission on
appointment.

Director general- appointed by the President from among the most senior officers
down to the rank of Chief Superintendent in the service subject to the confirmation
of the Commission on appointment. Provided that Chief PNP shall serve a tour of
duty not exceeding 4 years. Provided further that in times of war or other national
emergency declared by congress, the president may extend such tour of duty.

Waivers for Initial Appointments to the PNP (Sec.15 of RA 8551)

The age, height, weight, and educational requirements for initial

appointment to the PNP may be waived only when the number of qualified
applicants fall below the minimum annual quota:

Provided, That an applicant shall not be below twenty (20) nor over thirty-
five (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, furthermore, That only applicants who have finished second year college
or have earned at least seventy-two (72) collegiate units leading to a bachelor's
decree shall be eligible for appointment:

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 requirement shall be automatically

granted to applicants belonging to the cultural communities.

Selection Criteria Under the Waiver Program (SEC. 16 of RA 8551)

The selection of applicants under the Waiver Program shall be subject to the
following minimum criteria:

a) Applicants who possess the least disqualification shall take precedence

over those who possess more disqualifications.

b) The requirements shall be waived in the following order: (a) age, (b)
height, (c) weight, and (d) education.

The Commission shall promulgate rules and regulations to address other

situations arising from the waiver of the entry requirements.

APPOINTMENT BY LATERAL ENTRY

In general, all original appointment of commissioned officers in the PNP shall

commenced with the rank of INSPECTOR to include with highly technical
qualifications applying for the PNP services such as dentist, optometrist,
nurses, engineers and graduates of forensic sciences.

Doctors of medicine, member of the bar and chaplains shall be appointed

to the rank of senior inspector in their particular technical services.

Graduates of PNPA shall be automatically appointed to the rank of Inspector.

Licensed criminologists may be appointed to the rank of inspector to fill up
vacancy.

POLICE TRAINING

The means by which officers are provided with the knowledge and skills
required in the performance of their multiple duties. In order that the recruit officer
may commence his career with sound foundation of police knowledge and
techniques. It is most important that the entrance level training the soundly
conceived, carefully organized and well presented.

The training of police officers shall be responsibility of the PNP in coordination

with the (PPSC) Philippine Public Safety College which shall be the premier
educational institution for the training of human resources in the field f law
enforcement (PNP, BFP, BJMP) subject to the supervision of NAPOLCOM.

STANDARDS FOR POLICE TRAINING

The major portion of a training program should be functional. This means that
the controlling purpose of the program should be to bring about improvement in the
performance of the duties of law enforcement officers. When a program is
functional in character, it is directed toward:

Providing information in the performance of duty or in meeting responsibilities

Developing ability to perform duties

Developing and maintaining high morale

Developing activity to think clearly and to exercise sound judgment in the

performance of duties

All training programs operated by law enforcement agencies should limit their
enrolment to law enforcement officers. Training courses should be set-up,
prescribed units of instruction and arranged a time schedule. Practical recruit
training subsequent to employment should be provided.

Phases of Police training

Induction training of recruits who have been selected on the basis of intelligence
and attitude of police work

Contamination training of recruits throughout their probationary period to increase

their knowledge and skill

Refresher and advance training of experienced police officers, including

presentation of new methods in such aspects as traffic control, juvenile delinquency
or investigation.

Training of command officers in supervision, departmental objectives and

administration
TYPES OF POLICE TRAINING PROGRAMS

BASIC RECRUIT TRAINING- the basic of all police training. It is prerequisite for
permanency of appointment.

the basic recruit training shall be accordance with the programs of instructions
prescribed by the PPSC and the NAPOLCOM subjects to modifications to suit local
conditions. This course is conducted within not less than 6 months. A training
week shall normally consists of 40 hours of scheduled instructions.

It also consists of theoretical and practical instructions which includes but

not limited to the following:

Origin and nature of police work

General police responsibilities

Criminal law and procedures

Police laws, rules and regulation and ordinances

Police methods and procedures

Scientific aides

Criminal investigation

Public relation and civic actions

Police ethics, and self-defence

And any other subject related in law enforcement administration

Full time attendance in the basic recruit training- attendance to this type of
training is full time basis. However in cases of emergency recruits may be required
to render service upon certification of the regional director or the city/municipal
chief of police in the necessity of such service.

FIELD TRAINING (SEC 19 RA 8551)- the process by which an individual police

officer who is recruited into the service receives formal on the job for special and
defined purposes and performs actual job functions with periodic appraisal on his
performance and progress. The program shall be for twelve months inclusive of the
basic recruit training for non- officers and the officer basic course for officers.
All uniformed members of the PNP shall undergo a Field Training Program for
twelve (12) months involving actual experience and assignment in patrol, traffic,
and investigation as a requirement for permanency of their appointment.

IN-SERVICE TRAINING PROGRAMS- this training is intended to all police officers

in need of advance courses to finish in order to be promoted to the next higher
rank. Most likely for the improvement of their supervisory skills and ability.

Junior leadership training- for PO1 to PO3

Senior leadership training- for SPO1 to SPO4

Police basic course- preparatory for OBC for senior police officers

Officers basic course- for inspectors to Chief inspectors

Officers advance course- for Chief Inspectors to Senior Superintendent.

Officer senior education course- for Superintendent and above

Directorial staff course- for directors and above.

DEPARTMENTAL TRAINING PROGRAMS- All members of the police department

shall undergo appropriate department in service training which includes the
following:

ROLL CALL TRAINING- instructional courses of several hours a day concerning

departmental activities.

SUPERVISORY DEVELOPMENT, SPECIALIZED or TECHNICAL TRAINING-

seminars or special sessions on criminal investigation, traffic control, drug control
etc.

Others training conducted by other law enforcement agencies.

POLICE APPARAISAL

- refers to the process of measuring the performance of people on achieving

goals and objectives. It is also known as “performance evaluation system”

- the performance evaluation in the police service is the responsibility of

NAPOLCOM. The rating system shall be based on the standards set by the
napolcom and shall consider annual results of physical, psychological and neuro-
psychiatric examination.

Purposes of Police appraisal

For promotion

For retirement

For separation

Its increases productivity

It informs the officer of the quality of his work for improvements.

PROMOTIONS (SEC. 33 RA 8551)

A uniformed member of the PNP shall not be eligible for promotion to a higher
position or rank unless he or she has successfully passed the corresponding
promotional examination given by the Commission, or the Bar, or the corresponding
board examinations for technical services and other professions, has satisfactorily
passed the required psychiatric/psychological and drug test.

In addition, no uniformed member of the PNP shall be eligible for promotion

during the pendency of his or her administrative and/or criminal case or
unless he or she has been cleared by the People’s Law Enforcement Board (PLEB),
and the Office of the Ombudsman of any complaints proffered against him or her, if
any.

PREFERENCES FOR PROMOTION

Appropriate eligibility- Whenever two or more persons who are next in rank,
preference shall be given to the person who is the most competent and qualified
and who has he appropriate eligibility.

Competency and vacancy- when competency qualification and eligibility are

equal preference shall be given to the qualified member in the organizational unit
where the vacancy occurs.

Seniority- When all the foregoing conditions have been taken into account and still
the members in the next rank have the same merit and qualification, preference
shall be given to the most senior officer.
FACTORS IN SELECTION FOR PROMOTION

Efficiency of performance- as an aid for fair appraisal of the candidate’s

proficiency the performance rating shall be considered. Provided that in no instance
shall a candidate be considered for promotion unless he had obtained a rating at
least “SATISFACTORY”

Education and training- educational background which includes completion of in

service training courses, academics studies, training and the like.

Experience and outstanding accomplishment- this includes occupational

history work experience and other accomplishments worthy of commendation.

Physical character and personality- the factors of physical fitness and capacity
as well as attitude and personality trait is so fair as they bear on the nature of the
rank and/or position to be filled. This means that the candidate should have no
derogatory records which might affect integrity, morality and conduct.

Leadership potential- the capacity and ability to perform the duties required in
the new or higher position and good qualities for leadership.

TAKE NOTE: The promotion shall be gender fair which means women
in the PNP shall enjoy equal opportunity for promotion as that of men.

KINDS OF POLICE PROMOTION

REGULAR PROMOTION- shall be based on the following requirements:

He or she passed the promotional examination given by NAPOLCOM.

Passed the bar or any corresponding board examinations.

Satisfactory completion of appropriate course accredited in the PPSC or equivalent

trainings.

The police must passed the psychological, psychiatric and drug test.

Cleared by the PLEB or the Peoples law Enforcement Board or the office of
Ombudsman for any complaints.
PROMOTION BY VIRTUE OF EXHIBITED ACTS (special promotion)

Any 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 be
promoted to the next higher rank. Provide that such act shall be validated by the
NAPOLCOM based on established criteria.

PROMOTION BY VIRTUE OF POSITION

Any PNP personnel designated to any key position whose rank is lower than that
which is required for such position shall, after six (6) months of occupying the same,
be entitled to a rank adjustment corresponding to the position

Provided, That the personnel shall not be reassigned to a position calling for a
higher rank until after two (2) years from the date of such rank adjustment

Provided, further, That any personnel designated to the position who does not
possess the established minimum qualifications therefor shall occupy the same
temporarily for not more than six (6) months without reappointment or extension.

POLICE ASSIGNMENT

Is the process of designating a police officer at a particular function, duty or

responsibility.

The purpose of police assignment is to ensure a systematic and effective utilization

of all members of the Police force.

Powers to make designation or assignment

The chief of PNP. Regional Director, Provincial Director and the City
or the Municipal chief of Police can make the designation or assignment of the
police force within their respective levels. They shall have the power to make
designations as to who among the police officers shall head and constitute various
offices and units in the organization.

The assignment of the members of the local agency shall be in conformity

with the career development program especially during the probationary period.
Thereafter shall be guided by the principle of placing the right men in the right job
after proper classification has made (STAFFING).
POLICE SALARIES, BENEFITS AND PRIVILEGES

On Salary

The uniformed members of the PNP are considered employees of the national
government and draw their salaries there from. They have the same salary grade
that of a public school teacher. Police officers in metropolitan manila chartered
cities and first class municipalities may be paid with financial incentives by the local
government unit concerned subject to the availability of funds.

On Benefits and privileges

Incentives and Awards

The NAPOLCOM shall promulgate standards on incentives and award system

in the PNP administered by the board of incentives and awards maybe in the
form of decorations, service medals and citation badge or in monetary
considerations. The following are examples of authorized
decorations/medals/citations.

Police medal of valor

Police medal of merit

Wounded police medal

Police efficiency medal

Police service medal

Police unit citation badge

Posthumous award- in case a police dies

Health and Welfare

The NAPOLCOM is mandated to provide assistance in developing health and welfare

programs for police personnel. All heads of the PNP in their respective levels are
responsible to initiate proper steps to create a good atmosphere to a superior
subordinate relationship and improvement of personnel morale through appropriate
welfare programs.

Longevity Pay and Allowances

 Under RA 6975 personnel are entitled to a longevity pay of 10% of their basic
monthly salary for every five years of service. They shall also enjoy the
following allowances:

Subsistence allowance

Quarter’s allowance

Clothing allowance

Cost of living allowance

Hazard par

Others

Retirement benefit

Monthly retirement pay shall be fifty percent (50%) of the base pay and
longevity pay of the retired grade in case of twenty (20) years of active service,
increasing by two and one-half percent (2.5%) for every year of active service
rendered beyond twenty (20) years to a maximum of ninety percent (90%) for
thirty-six (36) years of active service and over

Provided, That, the uniformed personnel shall have the option to receive in
ADVANCE AND IN LUMP SUM his retirement pay for the first five (5) years

Provided, further, That payment of the retirement benefits in lump sum shall be
made 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 of police personnel
in the active service."

Early Retirement Program (Sec. 37 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) ranks higher than his or her present rank subject to the following
conditions:
that at the time he or she applies for retirement, he or she has already rendered at
least ten (10) years of continuous government service;

the applicant is not scheduled for separation or retirement from the service due to
the attrition system or separation for cause;

he or she has no pending administrative or criminal case; and

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 his or her maximum tenure in
position.

Rationalization of Retirement and Separation Benefits (Sec. 38 RA 8551)

The Commission shall formulate a rationalized retirement and separation benefits

schedule and program within one (1) year from the effectivity of this Act for
approval by Congress.

Provided, That the approved schedule and 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.

Permanent Physical Disability Pay

An officer or non-officer who is permanently and totally disabled 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
member unfit or unable to further perform the duties of his position, shall be
entitled to one year's salary and to lifetime pension equivalent to eighty
percent (80%) of his last salary, in addition to other benefits as provided under
existing laws.

Should such member who has been retired under permanent total disability under
this 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 remainder of the five (5) years guaranteed
period.

ATTRITION SYSTEM FOR UNIFORMED PERSONNEL (SEC. 24 RA 8551)

ATTRITION SYSTEM- There shall be established a system of attrition within the
uniformed members of the PNP within one (1) year from the effectivity of this Act to
be submitted by the PNP to the Commission for approval. Such attrition system
shall include but is not limited to the provisions of the following sections.

ATTRITION BY ATTAINMENT OF MAXIMUM TENURE IN POSITION

(SEC. 25 RA 8551)

The maximum tenure of PNP members holding key positions is hereby prescribed
as follows:

POSITION MAXIMUM TENURE

Chief four (4) years

Deputy Chief four (4) years

Director of the Staff Services four (4) years

Regional Directors six (6) years

Provincial/City Directors nine (9) years

ATTRITION BY RELIEF (SEC. 26. RA 8551)

A PNP uniformed personnel who has been relieved for just cause and has not been
given an assignment within two (2) years after such relief shall be retired or
separated.

ATTRITION BY DEMOTION IN POSITION or RANK SEC. 27. (RA 8551)

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.

ATTRITION BY NON-PROMOTION (SEC.28. RA 8551)

Any PNP personnel who has not been promoted for a continuous period of ten (10)
years shall be retired or separated.

ATTRITION BY OTHER MEANS (SEC.29 RA 8551)

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:
 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 functions and duties;

or

d) failure to pass the required entrance examinations twice and/or finish the
required career courses except for justifiable reasons.

POLICE DISCIPLINARY MECHANISM

Administrative Offenses that may be imposed against a PNP member

Neglect of duty or nonfeasance- it is the omission or refusal without sufficient

excuse to perform an act or duty, which it was the peace officers obligation to
perform. It implies a duty as well as its breach and the fact can never be found in
the absence of a duty.

Irregularities in the performance of duty- it is the improper performance of

some act which might lawfully be done.

Misconduct or malfeasance- is the doing either through ignorance, inattention or

malice of that which the officer had no legal right to do at all as where he acts
without any authority whatsoever or exceeds, ignores or abuses his powers.

Incompetence- is the manifest lack of adequate ability and fitness for the
satisfactory performance of police duties. This has reference to any physical, morale
or intellectual quality the lack of which substantially incapacities one to perform the
duties as a peace officer.

Oppression- it imports an act of cruelty, severity, unlawful exaction, domination or

excessive use of authority. The exercise of the unlawful power or other means in
depriving an individual of his liberty or property against his will is generally an act of
oppression.

Dishonesty- it is the concealment or distortion of truth in a matter of fact relevant

to one’s office or connected with the performance of his duties.

Disloyalty to the government- it consist of abandonment or renunciations of

one’s loyalty to the government of the Philippines or advocating to overthrow of the
government.

Violation of law- this presupposes conviction of court of any crime or offense

penalized under the RPC.or any special law or ordinance.
 STRENGTHENING THE PEOPLE’S LAW ENFORCEMENT BOARD

SEC. 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby
amended to read as follows:

SEC. 43. People’s Law Enforcement Board (PLEB)

Creation and Functions - The Sangguniang Panlungsod/Bayan in every city and

municipality shall create 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
five hundred (500) city or municipal police personnel and for each of the legislative
districts in a city.

The PLEB shall be the central entity for any citizen’s complaint against the
officers and members of the PNP. Subject to the provisions of Section 41 of
Republic Act No. 6975, the PLEB shall take cognizance of or refer the complaint to
the proper disciplinary or adjudicatory authority within three (3) days upon the filing
of the complain

PLEB (People’s Law Enforcement Board)- every citizens complaint

regardless of the imposable penalty for the offense alleged shall be filled with the
PLEB of the city or municipality where the offense was allegedly committed. Upon
receipt and docketing the complaint, the PLEB shall immediately determine
whether the offenses alleged therein is grave, less grave or minor.

Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read
as follows:

Citizen's Complaints. – Any complaint by a natural or juridical person

against any member of the PNP shall be brought before the following:

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;

MAYORS OF CITIES AND 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;
Administrative Disciplinary Powers of the Local Chief Executive- the city and
municipal mayors shall have the power to impose after due notice and summary
hearings, disciplinary penalties for minor offenses committed by the member of the
PNP assigned to their respective jurisdiction.

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 or forfeiture of salary, or any combination thereof, for a period
exceeding thirty (30) days; or by dismissal.

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 designated supervisors and equivalent officers of the PNP shall,
after due notice and summary hearing, exercise disciplinary powers as follows:

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;

Provincial directors or equivalent supervisors may summarily impose

administrative punishment of admonition or reprimand; restrictive custody;
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;

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 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;

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: Provided, further, That the chief of the PNP shall have the authority to place
police personnel under restrictive custody during the pendency of a grave
administrative case filed against him or even after the filing of a criminal complaint,
grave in nature, against such police personnel.
 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 any 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- Refusing to obey or follow orders.

"(3) Frequent absences and tardiness;

"(4) Habitual drunkenness; and

"(5) Gambling prohibited by law.

Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read
as follows:

Summary Dismissal Powers of the National Police Commission, PNP

Chief and PNP Regional Directors. – The National Police Commission, the chief
of the PNP and PNP regional directors, after due notice and summary hearings, may
immediately remove or dismiss any respondent PNP member in any of the following
cases:

When the charge is serious and the evidence of guilt is strong;

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

When the respondent is guilty of a serious offense involving conduct unbecoming

of a police officer.

Any member or officer of the PNP who shall go on absence without official leave
(AWOL) for a continuous period of thirty (30) days or more shall be dismissed
immediately from the service. His activities and whereabouts during the period
shall be investigated and if found to have committed a crime, he shall be
prosecuted accordingly."
Section 71. Request for Preventive Suspension. – The PLEB may ask any
authorized superior to impose preventive suspension against a subordinate police
officer who is the subject of a complaint lasting up to a period as may be allowed
under the law. A request for preventive suspension shall not be denied by the
superior officer in the following cases:

a) when the respondent refuses to heed the PLEB's summons or subpoena;

b) when the PNP personnel has been charged with offenses involving bodily harm or
grave threats,

c) when the respondent is in a position to tamper with the evidence; andlawphil.net

d) when the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without
valid grounds shall be held administratively liable for serious neglect of
duty.

Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read
as follows:

DISCIPLINARY APPELLATE BOARDS. – The formal administrative disciplinary

machinery of the PNP shall be the National Appellate Board and the regional
appellate boards.

The National Appellate Board shall be composed of the four (4) regular
commissioners and shall be chaired by the executive officer. 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."
Finality of Disciplinary Action

The disciplinary action imposed upon a member of the PNP shall be final and
executor

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 55. Section 47 of Republic Act No. 6975 is hereby amended to read
as follows:

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 for a period not exceeding ninety (90) days from arraignment

Provided, however, That if it can be shown by evidence that the accused is

harassing the complainant and/or witnesses, the court may order the preventive
suspension of the accused PNP member even if the charge is punishable by a
penalty lower than six (6) years and one (1) day

Provided, further, That the preventive suspension shall not be more than ninety (90)
days except if the delay in the disposition of the case is due to the fault, negligence
or petitions of the respondent:

Provided, finally, That such preventive suspension may be sooner lifted by the court
in the exigency of the service upon recommendation of the chief, PNP. Such case
shall be subject to continuous trial and shall be terminated within ninety (90) days
from arraignment of the accused."
Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read
as follows:

Legal Assistance.

The Secretary 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: Provided, further, That in such
cases, when necessary, as determined by the Commission, a private counsel may
be provided at the expense of the Government. 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."

SEC. 71. Request for Preventive Suspension

The PLEB may ask any authorized superior to impose preventive suspension against
a subordinate police officer who is the subject of a complaint lasting up to a period
as may be allowed under the law. A request for preventive suspension shall not be
denied by the superior officer in the following cases:

when the respondent refuses to heed the PLEB’s summons or subpoena

when the PNP personnel has been charged with offenses involving bodily harm or
grave threats

when the respondent is in a position to tamper with the evidence; and

when the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds
shall be held administratively liable for serious neglect of duty.

RA 8551 WAS THEN APPROVED ON FEB. 25, 1998