LEA 1- Law Enforcement Organization & Administration

Important Provisions of R.A. 8551

Republic of the Philippines
Congress of the Philippines
Metro Manila
Tenth Congress

Republic Act No. 8551 February 25,

1998

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 ACTESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A
REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND
FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::

TITLE I
TITLE AND DECLARATION OF POLICY

Section 1. Title. — This Act shall be known as the "Philippine National Police Reform and
Reorganization Act of 1998".

Section 2. Declaration of Policy and Principles. — It is hereby declared the policy of the State
to establish a highly efficient and competent police force which is national in scope and civilian in
character administered and controlled by a national police commission.
The Philippine National Police (PNP) shall be a community and service oriented agency
responsible for the maintenance of peace and order and public safety.
The PNP shall be so organized to ensure accountability ant uprightness in police exercise
of discretion as well as to achieve efficiency) and effectiveness of its members and units in the
performance of their functions.

TITLE Il
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS

3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 12. Relationship of the Department with the Department of National Defense.
— 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.

Sir Arnold A. Abayon, MSCJ

 "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."

TITLE Ill
THE NATIONAL POLICE COMMISSION

Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 13. Creation and Composition. — A National Police Commission, hereinafter referred to
as the Commission, is hereby created for the purpose of effectively discharging the functions
prescribed in the Constitution and provided in this Act. The Commission shall be an agency
attached to the Department for policy and program coordination. It shall be composed of a
Chairperson, four (4) regular Commissioners, and the Chief of PNP as ex-officio member. Three
(3) of the regular commissioners shall come from the civilian sector who are neither active nor
former members of the police or military, one (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 the Department shall be the
ex-officio Chairperson of the Commission, while the Vice Chairperson shall act as the executive
officer of the Commission."

Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 14. Powers and Functions of the Commission- The Commission shall exercise
the following powers and functions:
"(a) Exercise administrative control and operational supervision over the Philippine
National Police which shall mean the power to:
"1) Develop policies and promulgate a police manual prescribing rules and regulations for
efficient organization, administration, and operation, including criteria for manpower allocation,
distribution and deployment, recruitment, selection, promotion, and retirement of personnel and
the conduct of qualifying entrance and promotional examinations for uniformed members;
"2) Examine and audit, and thereafter establish the standards for such purposes on a
continuing basis, the performance, activities, and facilities of all police agencies throughout the
country;
"3) Establish a system of uniform crime reporting;
"4) Conduct an annual self-report survey and compile statistical data for the accurate
assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of
all police units in the country;
"5) Approve or modify plans and programs on education and training, logistical
requirements, communications, records, information systems, crime laboratory, crime prevention
and crime reporting;
"6) Affirm, reverse or modify, through the National Appellate Board, personnel
disciplinary actions involving demotion or dismissal from •the service imposed upon members of
the Philippine National Police by the Chief of the Philippine National police;

Sir Arnold A. Abayon, MSCJ

 "7) Exercise appellate jurisdiction through the regional appellate boards over
administrative cases against policemen and over decisions on claims for police benefits;
"8) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation
with the Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor.
Within ninety (90) days from the effectivity of this Act, the standards of the uniformed personnel
of the PNP must be revised which should be clearly distinct from the military and reflective of the
civilian character of the police;
"9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its
own powers and duties and designate who among its personnel can issue such processes and
administer oaths in connection therewith;
"10) Inspect and assess the compliance of the PNP on the established criteria for manpower
allocation, distribution, and deployment and their impact on the community and the crime
situation, and thereafter formulate appropriate guidelines for maximization of resources and
effective utilization of the PNP personnel;
"11) Monitor the performance of the local chief executives as deputies of the Commission;
and
"12) Monitor and investigate police anomalies and irregularities.

"b) Advise the President on all matters involving police functions and administration;
"c) Render to the President and to the Congress an annual report on its activities and
accomplishments during the thirty (30) days after the end of the calendar year, which shall include
an appraisal of the conditions obtaining in the organization and administration of police agencies
in the municipalities, cities and provinces throughout the country, and recommendations for
appropriate remedial legislation;
"d) Recommend to the President, through the Secretary, within sixty (60) days before the
commencement of each calendar year, a crime prevention program; and
"e) Perform such other functions necessary to carry out the provisions of this Act and as the
President may direct."
Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 15. Qualifications — No person shall be appointed regular member of the
Commission unless:
"(a) He or she is a citizen of the Philippines;
"(b) A member of the Philippine Bar with at least five (5) years experience in handling criminal or
human rights cases or a holder of a master's degree but preferably a doctorate degree in public
administration, sociology, criminology, criminal justice, law enforcement, and other related
disciplines; and
"(c) The regular member coming from the law enforcement sector should have practical experience
in law enforcement work for at least five (5) years while the three (3) other regular commissioners
must have done extensive research work or projects on law enforcement, criminology or criminal
justice or members of a duly registered non-government organization involved in the promotion
of peace and order."
Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 16. Term of Office. — The four (4) regular and full-time Commissioners shall be
appointed by the President for a term of six (6) years without re-appointment or extension."
Section 8. Expiration of the Terms of Office of Current Commissioners - Upon the effectivity
of this Act the terms of office of the current Commissioners are deemed expired which shall
constitute a bar to their reappointment or an extension of their terms in the Commission except for

Sir Arnold A. Abayon, MSCJ

current Commissioners who have served less than two (2) years of their terms of office who may
be appointed by the President for a maximum term of two (2) years.

Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 17. Temporary or Permanent Incapacity of the Chairperson. — In case of
absence due to the temporary incapacity of the chairperson, the Vice chair shall serve as
Chairperson until the Chairperson is present or regains capacity to serve. In case of death or
permanent incapacity or disqualification of the chairperson, the acting chairperson shall also act
as such until a new chairperson shall have been appointed by the President and qualified."
Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 20. Organizational Structure. — The Commission shall consist of the following
units:
"(a) Commission Proper. — This is composed of the offices of the Chairman and four
(4) Commissioners.
"(b) Staff Services. — The staff services of the Commission shall be as follows:
"(1) The Planning and Research Service, which shall provide technical services to
the Commission in areas of overall policy formulation, strategic and operational planning,
management systems or procedures, evaluation and monitoring of the Commission's
programs, projects and internal operations; and shall conduct thorough research and
analysis on social and economic conditions affecting peace and order in the country;
"(2) The Legal Affairs Service, which shall provide the Commission with efficient
and effective service as legal counsel of the Commission; draft or study contracts affecting
the Commission and submit appropriate recommendations pertaining thereto; and render
legal opinions arising from the administration and operation of the Philippine National
Police and the Commission;
"(3) The Crime Prevention and Coordination Service, which shall undertake
criminological researches and studies; formulate a national crime prevention plan; develop
a crime prevention and information program and provide editorial direction for all
criminology research and crime prevention publications;
"(4) The Personnel and Administrative Service, which shall perform personnel
functions for the Commission, administer the entrance and promotional examinations for
policemen, provide the necessary services relating to records, correspondence, supplies,
property and equipment, security and general services, and the maintenance and utilization
of facilities, and provide services relating to manpower, career planning and development,
personnel transactions and employee welfare;
"(5) The Inspection, Monitoring and Investigation Service, which shall conduct
continuous inspection and management audit of personnel, facilities and operations at all
levels of command of the PNP, monitor the implementation of the Commission's programs
and projects relative to law enforcement; and monitor and investigate police anomalies and
irregularities;
"(6) The Installations and Logistics Service, which shall review the Commission's
plans and programs and formulate policies and procedures regarding acquisition,
inventory, control, distribution, maintenance and disposal of supplies and shall oversee the
implementation of programs on transportation facilities and installations and the
procurement and maintenance of supplies and equipment; and
"(7) The Financial Service, which shall provide the Commission with staff advice
and assistance on budgetary and financial matters, including the overseeing of the
processing and disbursement Of funds pertaining to the scholarship program and surviving
children of deceased and/or permanently incapacitated PNP personnel.

Sir Arnold A. Abayon, MSCJ

"(c) Disciplinary Appellate Boards — The Commission shall establish a formal administrative
disciplinary appellate machinery consisting of the National Appellate Board and the regional
appellate boards.
"The National Appellate Board shall decide cases on appeal from decisions rendered by
the PNP chief, while the regional appellate boards shall decide cases on appeal from decisions
rendered by officers other than the PNP chief, the mayor, and the People's Law Enforcement Board
(PLEB) created hereunder."
Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 22. Qualifications of Regional Directors. — No person shall be appointed
regional director unless:
a. He or she is a citizen of the Philippines; and

b. A holder of a master's degree and appropriate civil service eligibility."

Section 12. Qualifications Upgrading Program. — The Commission shall design and establish
a qualifications upgrading program for the members of the Commission in coordination with the
Civil Service Commission, the Department of Education, Culture and Sports and the Commission
on Higher Education through a distance education program and/or an in-service education program
or similar programs within ninety (90) days from the effectivity of this Act: Provided, That those
who are already in the service from the effectivity of this Act shall have five (5) years to obtain
the required degree or qualification counted from the implementation of the qualifications
upgrading program.

TITLE IV
THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION

Section 13. Authority of the Commission to Reorganize the PNP. — Notwithstanding the
provisions of Republic Act No. 6975 on the organizational structure and rank classification of the
PNP, the Commission shall conduct a management audit, and prepare and submit to Congress a
proposed reorganization plan of the PNP not later than December 31, 1998, subject to the
limitations provided under this Act and based on the following criteria: a) increased police
visibility through dispersal of personnel from the headquarters to the field offices and by the
appointment and assignment of non-uniformed personnel to positions which are purely
administrative, technical, clerical or menial in nature and other positions which are not actually
and directly related to police operation; and b) efficient and optimized delivery of police services
to the communities.
The PNP reorganization program shall be approved by Congress through a joint resolution.

CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE

FORMULATION OF A GENDER SENSITIVITY PROGRAM

Section 57. Creation and Functions. — The PNP shall establish women's desks in all police
stations throughout the country to administer and attend to cases involving crimes against chastity,
sexual harassment, abuses committed against women and children and other similar offenses:
Provided, That municipalities and cities presently without policewomen will have two (2) years
upon the effectivity of this Act within which to comply with the requirement of this provision.
Section 58. Prioritization of Women for Recruitment. — Within the next five (5) years, the
PNP shall prioritize the recruitment and training of women who shall serve in the women's desk.

Sir Arnold A. Abayon, MSCJ

Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its annual recruitment,
training, and education quota for women
Section 59. Gender Sensitivity Program. — The Commission shall formulate a gender
sensitivity program within ninety (90) days from the effectivity of this Act to include but not
limited to the establishment of equal opportunities for women in the PNP, the prevention of sexual
harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual
orientation.
Section 60. Administrative Liability. — Any personnel who shall violate the established rules
and regulations regarding gender sensitivity and gender equality shall be suspended without pay
for not less than thirty (30) days and shall undergo gender sensitivity seminar or training: Provided,
that any personnel who violates the rules more than twice shall be recommended for demotion or
dismissal from the PNP.

Section 61. Non-prohibition for Promotion. — Nothing in this title shall be construed as a
restriction on the assignment of policewomen to other positions in the PNP nor shall any provisions
of this title be used for the non-promotion of PNP female personnel to higher position.

Sir Arnold A. Abayon, MSCJ