VisionA just and peaceful society anchored on the principles of transparency, accountability, fairness and truth.

MissionTowards the effective, efficient and equitable administration of justice.

PledgeWe undertake to provide every person equal access to justice, to faithfully safeguard constitutional rights and to ensure that no one is deprived of due process of law.

Our commitment is to advocate for reforms in partnership with our stakeholders, to simplify processes and re-engineer systems to best serve our constituents.

We shall work with honor and integrity for the institution, for God and country.MandateThe Department of Justice (DOJ) derives its mandate primarily from the Administrative Code of 1987 (Executive Order No. 292). It carries out this mandate through the Department Proper and the Department's attached agencies under the direct control and supervision of the Secretary of Justice.Under Executive Order (EO) 292, the DOJ is the government's principal law agency. As such, the DOJ serves as the government's prosecution arm and administers the government's criminal justice system by investigating crimes, prosecuting offenders and overseeing the correctional system.The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel and representative in litigations and proceedings requiring the services of a lawyer; implements the Philippines' laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and other qualified citizens.

Functions1. Administration of the Criminal Justice System

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).

2. Legal Counsel of GovernmentThe 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.EO 292 specifically designates the Secretary as Attorney-General and ex-officio legal adviser of government-owned or controlled corporations (GOCC) and their subsidiaries. The Secretary exercises administrative adjudicatory powers over all controversies between/among government agencies, including government owned and controlled corporations including their subsidiaries. This power of adjudication of the Secretary originally stemmed from Presidential Decree No. 242, and is now embodied in Sections 66 to 71, Chapter 14, Book IV of E.O. 292.

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.

3. Regulation of ImmigrationThe 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, underAdministrative 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.Likewise, the DOJ, through the DOJ Refugee Processing Unit (DOJ-RPU), processes applications for refugee status of persons pursuant to the obligations of the Philippines as signatory to the 1951 Convention and 1967 Protocol relating to the Status of Refugees.

4. International CooperationThe 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 Department is also involved in the negotiation of various investment and trade agreements with other foreign countries. The Secretary is also the ex-officio Co-Vice Chairman of the Commission on Maritime and Ocean Affairs (CMOA) pursuant to EO 612 and EO 612-A (2007), which is involved in the identification of the Philippine baselines and in the preparation of the submission to the United Nations of the country's claim for extended continental shelf.

5. Provision of Free Legal AssistanceThe 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.

6. Alternative Dispute ResolutionWith 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.

7. DOJ functions under other laws and other executive issuances: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:

The Witness Protection, Security and Benefit Act (R.A. 6981), which mandates the DOJ to formulate and implement a Witness Protection, Security and Benefit Program for the admission and protection of witnesses 

Implementation of the Victims Compensation Program through the Board of Claims created under the DOJ (RA 7309) 

Administrative Order No. 99 (1988), designated DOJ as lead implementor of  Justice System Infrastructure Program (JUSIP) that was tasked to construct/rehabilitate decent office buildings for judges, prosecutors, public attorneys, probation officers, and registers of deeds  

Executive Order 180 (1987), which created the Public Sector Labor Management Council, of which the Secretary is a member, to provide guidelines for the exercise of the right of government employees to organize 

The Comprehensive Dangerous Drugs Act of 2002 (RA 9165), which created the Dangerous Drugs Board to see to policy-making and strategy-formulation on drug prevention and control and designated the Secretary or his representative as ex-officio member of such Board 

The Anti-Money Laundering Act of 2001 (R.A. 9160), which created the Anti-Money Laundering Council (AMLC) to which the DOJ is a support agency through the investigation of money laundering offenses and the prosecution of offenders. With the DOJ Anti-Money Laundering Desk (DOJ-AMLD), the DOJ works in close coordination with the AMLC in its task of combating money laundering and financing of terrorism 

The Human Security Act of 2007 (RA 9372) which created and designated the Secretary as ex-officio member thereof. Relative to this and under EO 292, the Secretary is also an ex-officio member of the National Security Council (NSC), which advises the President with respect to the integration of domestic, foreign, military, political, economic, social, and educational policies relating to national security 

The Rape Victim Assistance and Protection Act of 1998 (RA 8505), which mandated the DOJ to participate in inter-agency efforts to establish Rape Crisis Centers in every city or province for the purpose of rendering assistance to rape victims. 

The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), which mandates the prosecution of persons accused of human trafficking and for that purpose, created the Inter-Agency Council on Trafficking (IACAT), of which the Secretary is Chairman 

The Anti-Violence Against Women and Their Children Act of 2004 (RA 9262), which designated the Department as a member agency of the Inter-Agency Council on Violence Against Women and their Children (IACVAWC), the monitoring body of government initiatives to counter violence against women and children 

The Juvenile Justice and Welfare Act of 2006 (R.A. 9344) which created the Juvenile Justice and Welfare Council (JJWC) and which attached said council to the DOJ for administrative supervision 

The Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (RA 7610). Pursuant to the said law, Executive Order 53 (2011) amended EO No. 275, which designated the Secretary as the Chairperson of the Committee for the Special Protection of Children 

Anti-Child Pornography Act of 2009 (IRR of RA), designated the Secretary of Justice as member of Inter-Agency Council Against Child Pornography that is tasked to coordinate, monitor and oversee the implementation of Anti-Child Pornography Act 

Cybercrime Prevention Act of 2012 (RA 10175), the Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition 

Executive Order  45 (2011), which designated the DOJ as competition authority that investigates all cases involving violations of competition laws and prosecute violators to prevent, restrain and punish monopolization, cartels and combinations in restraint of trade. 

Administrative Order 35 (2012), which designated Secretary of Justice as Chairperson of the Inter-Agency Committee on Extra-Legal Killings, Enforced Disappearances, Torture and Other Grave Violations on the Right to Life, Liberty and Security of Persons, the body that undertakes inventory of cases mentioned perpetrated by state and non-state forces

Other tasks falling within the multifarious duties of the executive branch to administer the laws devolve upon the Department through the Secretary, to wit:

The Anti-Dummy Law (Commonwealth No. 108), as amended by Presidential Decree 715, whereby the Secretary is empowered to authorize the employment of aliens as technical personnel in the management of a franchise, business or enterprise expressly reserved by law to Filipino citizens or corporations or associations whose equity at least 60% of which is owned by Filipinos; 

The Local Government Code (Section 187 of RA 7160) which vests in the Secretary appellate jurisdiction over the constitutionality or legality of municipal tax ordinances and revenue measures; 

Executive Order 643 (2007) which vests the DOJ with administrative supervision over the Presidential Commission on Good Government (PCGG).

The Secretary is also an ex-officio member of the Judicial and Bar Council (JBC), [Section 8(1), Article VIII of the 1987 Constitution], the Committee on Privatization [AO 48 (1987)], and the National Water Resources Board (NWRB) (EO 123, series of 2002). He is also an ex-officio director of the Power Sector Assets and Liabilities Management (PSALM) Corporation (RA 9136, otherwise known as Electric Power Industry Reform Act of 2001). Under EO 648, series of 1981, an undersecretary of the DOJ is designated as an ex-officio Commissioner of the Housing and Land Use Regulatory Board (HLURB).

History[edit]

The DOJ traces its beginnings at the Revolutionary Assembly in Naic, Cavite on April 17, 1897. The Department of Grace and Justicewas tasked with the establishment of a regime of law in the Republic, with Severino de las Alas at the helm.[3] The department, however, was not included in Pres. Aguinaldo's Biak-na-Bato Cabinet, which was established in November 1897.

Shortly after the proclamation of independence on June 12, 1898, President Emilio Aguinaldo resurrected the department as theDepartment of Justice via a September 26, 1898 decree.[4] The department, however, disappeared again in Pres. Aguinaldo's Cabinet upon the proclamation of the First Republic in 1899.

After the American occupation a year later, the military government established the Office of the Attorney of the Supreme Court. On June 11, 1901, it was renamed the Office of the Attorney General and on September 1 of the same year, the office became theDepartment of Finance and Justice.

In 1916, the department became a separate entity (once again the Department of Justice) by virtue of the Jones Law, and was given executive supervision over all courts of first instance and other inferior courts.[3]

Under the Japanese occupation, the department became the Commission of Justice, and later the Ministry of Justice upon the proclamation of the Second Philippine Republic in 1943. After the country's liberation from the Japanese forces near the end of World War II, the restored Commonwealth government re-activated the Department.

It became the Ministry of Justice once more in 1973 during Martial Law, continuing in that form until 1987, when the return to a presidential form of government as mandated by the1987 Constitution transformed all ministries back to departments.

List of Secretaries of Justice[edit]

Main article: Secretary of Justice (Philippines)

Organizational Structure[edit]

At present, the Department is headed by the Secretary of Justice, with three undersecretaries and two assistant secretaries.

Under the Office of the Secretary are the following offices and services:

Administrative Service

Board of Pardons and Parole

DOJ Action Center

Financial Service

Library Service

Office of the Prosecutor General (National Prosecution Service)

Office of the Chief State Counsel (Legal Staff)

Planning and Management Service

Technical Staff

Prosecutors are assigned to each of the regions, provinces, and cities of the Philippines. [5]

BATAS PAMBANSA Blg. 129

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

PRELIMINARY CHAPTER

Section 1. Title. – This Act shall be known as "The Judiciary Reorganization Act of 1980."

Section 2. Scope. – The reorganization herein provided shall include the Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the Municipal Courts, and the Municipal Circuit Courts.

CHAPTER ICOURT OF APPEALS

Section 3. Organization. – There is hereby created a Court of Appeals which consists of a Presiding Justice and fifty Associate Justice who shall be appointed by the President of the Philippines. The Presiding Justice shall be so designated in his appointment, and the Associate Justice shall have precedence according to the dates of their respective appointments, or when the appointments of two or more of them shall bear the same date, according to the order in which their appointments were issued by the President. Any member who is reappointed to the Court after rendering service in any other position in the government shall retain the precedence to which he was entitled under his original appointment, and his service in the Court shall, for all intents and purposes, be considered as continuous and uninterrupted. (as amended by Exec. Order No. 33,, July 28, 1986.)

Section 4. Exercise of powers and functions. – The Court Appeals shall exercise its powers, functions, and duties, through seventeen (17) divisions, each composed of three (3) members. The Court may sit en banc only for the purpose of exercising administrative, ceremonial, or other non-adjudicatory functions. (as amended by Exec. Order No. 33,.)

Section 5. Succession to Office of Presiding Justice. – In case of a vacancy in the absence of inability to perform the powers, functions, and duties of his office, the associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed, or another Presiding Justice is appointed and has qualified.

Section 6. Who presides over session of a division. – If the Presiding Justice is present in any session of a division of the Court, he shall preside. In his absence, the Associate Justice attending such session who has precedence shall preside.

Section 7. Qualifications. – The Presiding Justice and the Associate Justice shall have the same qualifications as those provided in Constitution for Justice of the Supreme Court.

Section 8. Grouping of Divisions. – (Expressly repealed by Section 4, Exec. Order No. 33, July 28, 1986.)

Section 9. Jurisdiction. – The Court of Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto,and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, Except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph od Section 17 of the Judiciary Act of 1948.

The court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or Appeals must be continuous and must be completed within three (3) months, unless extended by the Chief Justice. (as amended by R.A. No. 7902.)

Section 10. Place of holding sessions. – The Court of Appeals shall have its permanent station in the City of Manila. Whenever demanded by public interest, the Supreme Court, upon its own initiative or upon recommendation of the Presiding Justice, may authorize a division of the Court to hold sessions outside Manila, periodically, or for such periods and at such places as the Supreme Court may determine, for the purpose of hearing and deciding cases.

Section 11. Quorum – A majority of the actual members of the Court shall constitute a quorum for its session en banc. Three members shall constitute a quorum for the session of a division. The unanimous vote of the three members of a division shall be necessary for the pronouncement of a decision of final resolution, which shall be reached in consultation before the writing of the opinion by any members of the division. In the event that the three members do not reach a unanimous vote, the Presiding Justice shall request the Raffle Committee of the Court for the designation of two additional Justice to sit temporarily with them, forming a special division of five members and the concurrence of a majority of such division shall be necessary for the pronouncement of a decision or final resolution. The designation of such additional Justice shall be made strictly by raffle.

A month for reconsideration of its decision or final resolution shall be resolved by the Court within ninety (90) days from the time it is submitted for resolution, and no second motion for reconsideration from the same party shall be entertainment. (as amended by Exec. Order No. 33, July 28, 1986.)

Section 12. Internal Rules. – The court en banc is authorized to promulgate rules or orders governing the constitution of the divisions and the assignment of Appellate Justices thereto, the distribution of cases, and other matters pertaining to the operations of the Court of its divisions. Copies of such rules and orders shall be furnished by the Supreme Court, which rules and orders shall be effective fifteen (15) days after receipt thereof, unless directed otherwise by the Supreme Court.

CHAPTER IIREGIONAL TRIAL COURTS

Section 13. Creation of Regional Trial Courts. – There are hereby created thirteen (13) Regional Trial Courts, one for each of the following judicial regions:

The First Judicial Region, consisting of the provinces of Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, Mountain Province, and Pangasinan, and cities of Baguio, Dagupan, Laog and San Carlos;

The Second Judicial Region, consisting of the provinces of Batanes, Cagayan, Ifugao, Kalinga-Apayao, Nueva Viscaya, and Quirino;

The Third Judicial Region, consisting of the provinces of Bataan, Bulacan (except the municipality of valenzuela), Nueva Ecija, Pampanga, Tarlac, and Zambales, and the cities of Angeles, Cabanatuan, Olongapo, Palayan and San Jose;

The National Capital Judicial Region, consisting of the cities of Manila, Quezon, Pasay, Caloocan and Mandaluyong, and the municipalities of Navotas, Malabon, San Juan, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las Piñas, Muntinlupa, and Valenzuela;

The Fourth Judicial Region, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Mindoro Occidental, Mindoro Oriental, Palawan, Quezon, Rizal (except the cities and municipalities embraced within the National Capital Judicial Region0, Romblon, and Aurora, and the cities of Batangas, Cavite, Lipa, Lucena, Puerto Princessa, San Pablo, Tagaytay, and Trece Martires;

The Fifth Judicial Region, consisting of the provinces of Albay, Camarines Sur, Camarines Norte, Catanduanes, Masbate, and Sorsogon, and the cities of Legaspi, Naga and Iriga;

The Sixth Judicial Region, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, La Calota, Roxas, San Carlos, and Silay, and the subprovince of Guimaras;

The Seventh Judicial Region, consisting of the provinces of Bohol, Cebu, Negros Oriental, and Siquijor, and the cities of Bais, Canlaon, Cebu, Danao, Dumaguete, Lapu-lapu, Mandaue, Tagbilaran, and Toledo,

The Eighth Judicial Region, consisting of the provinces or Eastern Samar, Leyte, Northern, Samar, Southern Leyte, Ormoc, and Tacloban:

The Ninth Judicial Region, consisting of the provinces of Basilan, Sulu, Tawi-Tawi, Zamboanga del Sur, and the cities of Dapitan, Dipolog, Pagadian, and Zamboanga;

The Tenth Judicial Region, consisting of the provinces of Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental, and Surigao del Norte, and the cities of Butuan, Cagayan de Oro, Gingoog, Ozamis, Oroquieta, Surigao, and Tangub;

The Eleventh Judicial Region, consistingnof the provinces of Davao del Norte, Davao Oriental, Davao del Sur, South Cotabato, and Surigao del Sur, and the cities of Davao, and General Santos; and

The Twelfth Judicial Region, consisting of the provinces of Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, and Sultan Kudarat, and the cities of Cotabato, Iligan, and Marawi.

In case of transfer or redistribution of the provinces, subprovinces, cities or municipalities comprising the regions established by law of purposes of the administrative field organization of the various departments and agencies of the government, the composition of the judicial regions herein constituted shall be deemed modified accordingly.

Section 14. Regional Trial Courts.

(a) Fifty-seven Regional Trial Judges shall be commissioned for the First Judicial Region. There shall be.

Two branches (Branches III ans II) for the province of Abra, with seats at Bangued;

Eight branches (Branches III to X) for the province of Benguet and the city of Baguio, Branches III to VII with seats at Baguio City, and Branches VIII to X at La Trinidad;

Nine branches (Branches XI to XIX) for the province of Ilocos Norte and the city of Laoag, Branches XI to XVI with seats at Laoag City, Branches XVII and XVIII at Batac, and Branch XIX at Bangui;

Six branches (Braches XX to XXV) for the province of Ilocos Sur, Branches XX and XXI with seats at Vigan, Branch XXII at Narvacan, Branch XXIII at Candon, Branch XXIV at Cabugao, and Branch XXV at Tagudin;

Nine branches (Branches XXVI to XXXIV) for the province of La Union, Branches XXVI to XXX with seats at San Fernando, Branches XXXI and XXXII at Agoo, Branch XXXIII at Bauang, and Branch XXXIV at Balaoan;

Two branches (Branches XXXV and XXXVI) for the province of Mountain province, with seats at Bontoc; and

Twenty-one branches (Branches XXXVII to LVII) for the province of Pangasinan and the citie sof dagupan and san Carlos, Branches XXXVII to XXXIX with seats at Lingayen, Branches XL to XLIV at dagupan, Branches XLV to XLIX at Urdaneta, Branch L at Villasis, Branches LI and LII at Tayug, Branch LIII at Rosalaes, Branches LIV and LV at Alaminos, and Branch LVI and LVII at san Carlos.

(b) Thirty-two Regional Trial Judges shall be commissioned for the Second Judicial region. There shall be:

Twelve branches (Branches I to XII) for the province of Cagayan, Branches I to V with seats at Tuguegarao, Branches VI to X at Aparri, Branch XI at Tuao, and Branch XII at Sanchez Mira;

One branch (Branch XIII) for the province of Batanes, with seat at Basco;

Two branches (Branches XIV and XV) for the province of Ifugao, Branch XIV with seat at Lagawe, and Branch XV at Potia;

Nine branches (Branches XVI to XXIV) for the province of Isabela, Branches XVI to XVIII with seats at Ilagan, Branches XIX and XX at cauayan, Branch XXI at Santiago, Branch XXII at Cabagan, Branch XXIII at Roxas, and Branch XXIV at Echague;

Two branches (Branches XXV and XXVI) for the province of kalinga-Apayao, Branch XXV with seat at Tabuk, and Branch XXVI at Luna;

Four branches (Branches XXVII to XXX) for the province of Nueva Vizcaya, Branches XXVII to XXIX with seats at Bayombong, and Branch XXX at Bambang;

Two branches (Branches XXXI and XXXII) for the province of Quirino, with seats at Cabarroguis.

(c) Seventy-five Regional Trial judges shall be commissioned for the Third Judicial Region. There shall be:

Five branches (Branches I to V) for the province of Bataan, Branches I to III with seats at Balanga, Branch IV at Mariveles, and Branch V at Dinalupihan;

Seventeen branches (Branches VI to XXII) for the province of Bulacan (except the municipality of Valuenzuela), with seats at Malolos;

Eighteen branches (Branches XXIII to XL) for the province of Nueva Ecija and the cities of Cabanatuan, San Jose and Palayan, Branches XXIII to XXX with seats at Cabanatuan City, Branches XXXI to XXXIII at Guimba, Branches XXXIV to XXXVI at Gapan, Branch XXXVII at Sto. Domingo, Branches XXXVIII and XXXIX at San Jose, and Branch XL at Palayan.

Twenty-two branches (Branches XLI to LXII) for the province of Pampanga and the city of Angeles, Branches XLI to XLVIII with seats at San Fernando, Branches XLIX to LIII at Guagua, Branches LIV and LV at Macabebe, and Branches LVI to LXII at Angeles City;

Six branches (Branches LXIII to LXVIII) for the province of Tarlac, Branches LXVI at Capas, Branch LXVII at Paniqui, and Branch LXVIII at Camiling; and

Seven branches (Branches LXIX to LXXV) for the province of Zambales and the city of Olongapo, Branches LXIX to LXXI with seats at Iba and Branches LXXII to LXXV at Olongapo City

(d) One hundred seventy-two (172) Regional Trial Judges shall be commissioned for the National Capital Judicial Region. There shall be:

Fifty-five branches (Branches 1 to 55) for the City of Manila, wit seats thereat;

Thirty-two branches (Branches 76 to 107) for Quezon City, with seats thereat;

Twelve branches (Branches 108 to 119) for Pasay City, with seats thereat;

Twelve branches (Branches 120 to 131) for Caloocan City, with seats thereat;

Fifty-eight branches (Branches 56 to 74 and 132 to 170) for the Municipalities of Navotas, Malabon, San Juan, Madaluyong, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las Piñas, and Muntinlupa; Branches 67 to 71 and 151 to 168 at Pasig; and Branches 72 to 74, 169 and 170 at Malabon; and

Three branches (Branches 75, 171 and 172) for the municipality of Valenzuela, with seats thereat. (As amended by EO No. 33, July 30, 1986.)

(e) Eihty-two Regional Trial Judges shall be commissioned for the Fourth Judicial Region. There shall be:

Fourteen branches (Branches I to XIV) for the province of Batangas and the cities of Lipa and Batangas, Branches I to VI with seats at Batangas City, Branch V at Lemery, Branches VI to VIII at Tanuan, Branches IX to XI at Balayan, Branches XII and XIII at Lipa, and Branch XIV at Nasugbu;

Nine branches (Branches XV to XXIII) for the province of Cavite and the cities of Cavite, Tagaytay and Trece Matires, Branch XV with seat at Naic, Branches XVII at Cavite City, Branch XVIII at Tagayatay City, Branch XIX at Bacoor, Branches XX to XXII at Imus, and Branch XXIII at Trece Martires;

Fourteen branches (Branches XXIV to XXXVII) for the province of Laguna and the city of San Pablo, Branches XXVIII at Sta. Cruz, Branches XXIX to XXXII at San Pable City, Branch XXXIII at Siniloan, and Branches XXXIV to XXXVI at Calamba;

One branch (Branch XXXVIII) for the province of Marinduque, with seat at Boac;

Five branches (Branches XXXIX to XLIII) for the province of Mindoro Oriental, Branches XXXIX to XL with seats at Calapan, Branches XLI and XLII at Pinamalayan, and Branch XLII at Roxas;

Three branches (Branches XLVII to XLVI) for the province of Mindoro Occidental, Branch XLIV with seat at Mamburao, and Branches XLV and XLVI at San Jose;

Six branches (Branches XLVII to LII) for the province of Palawan and the city of Puerto Princesa, with seats at Puerto Princesa City;

Thirteen branches (Branches LIII to LXV) for the province of Quezon and the city of Lucena, Branches LIII to LX with seats at Lucena City, Branches LXI and LXII at Gumaca, Branch LXIII at Calauag, Branch LXIV at Mauban, and Branch LXV at Infanta;

One branchj(Branch LXVI) for the province of Aurora, with seat at Baler;

Fourteen branches (Branches LXVII to LXXX) for the province of Rizal except the cities and municipalities embraced within the National Capital Judicial Region, Branches LXVII to LXX with seats at Binangonan, Branches LXXI to LXXIV at Antipolo, Branches LXXV to LXXVII at San Mateo, and Branches LXXVIII to LXXX at Morong; and

Two branches (Branches LXXXI and LXXXII) for the province of Romblon, Branch LXXXI with seat at Romblon, and Branch LXXXII at Odiongan.

(f) Fifty-five Regional Trial Judges shall be commissioned for the Fifth Judicial Region. There shall be:

Eighteen branches (Branches I to XVIII) for the province of Albay and the city of Legaspi, Branches I to X with seats at Legaspi City, Branches XI to XIV at Ligao, and Branches XV to XVIII at Tabaco;

Nineteen branches (Branches XIX to XXXVII) for the province of Camarines Sur and the cities of Naga and Iriga, Branches XIX to XXVIII with seats at Naga City, Branch

XXIX at Libmanan, Branch XXX at Tigaon, Braches XXXI to XXXIII at Pili, and Branches XXXIV to XXXVII at Iriga City;

Four branches (Branches XXXVIII to XLII) for the province of Camarines Norte, with seat at Daet;

Two branches (Branches XLII and XLII) for the province of Catanduanes, with seats at Virac;

Seven branches (Branches XLIV to L) for the province of Masbate, Branches XLIV to XLVIII with seats at Masbate, Branch XLIX at Cataingan, and Branch L at San Jacinto; and

Five branches (Branches LI to LV) for the province of Sorsogon, Branches LI to LIII with seats at Sorsogon, Branch LVI at Gubat, and Branch LV at Irosin.

(g) Sixty-three Regional Trial Judges shall be commissioned for the Sixth Judicial Region. There shall be:

Nine branches (Branches I to IX) for the province of Aklan, with seats at Kalibo;

Four branches (Branches X to XIII) for the province of Antique, Branches X to XII with seats at San Jose, and Branch XIII and Culasi;

Eighr branches (Branches XIV to XXI) for the province of Capiz and the city of Roxas, Branches XIV to XIX with seats at Roxas City and Branches XX and XXI at Mambusao;

Eighteen branches (Branches XXII to XXXIX) for the province of Iloilo, the subprovince of Guimaras, and the city of Iloilo, with seats at Iloilo City; and

Twenty-four branches (Branches XL to LXIII) for the province of Negros Occidental, and the cities of Bacolod,Bago, Cadiz, La Carlota, San Carlos and Silay, Branch XL with seat at Silay City, Branches XLI to LIV at Bacolod City, Branches LV and LVI at Himamaylan, Branches LVII to LIX at Kabankalan, Branch LXII at Bago City, and Branch LXII at La Carlota City.

(h) Forty-six Regional Trial Judges shall be commissioned for the Seventh Judicial Region. There shall be:

Four branches (Branches I to IV) for the province of Bohol and the city of Tagbilaran, with seats at Tagbilaran City;

Twenty-five branches (Branches V to XXIX) for the province of Cebu and the cities of Cebu, Danao, Lapu-Lapu, Mandaue and Toledo, Branches V to XXIV with seats at Cebu City, Branch XXV at Danao City, Branch XXVI at Argao, Branch XXVII at Lapu-Lapu City, Branch XXVIII at Mandaue City, and Branch XXIX at Toledo City;

Sixteen branches (Branches XXX to XLV) for the province of Negros Oriental and the cities of Dumaguete, Bais and Canlaon, Branches XXX to XLIV with seats at Dumaguete City, and Branch XLV at Bais City; and

One branch (Branch XLVI) for the province of Siquijor, with seat at Larena.

(i) Thirty-three Regional Trial Judges shall be commissioned for the Eighth Judicial Region. There shall be:

Five branches (Branches I to V) for the province of Eastern Samar, Branches I and II with seats at Borongan, Branch III at Guiuan, Branch IV at Dolores, and Branch V at Oras;

Thirteen branches (Branches VI to XVIII) for the province of Leyte, the sub-province of Biliran, and the cities of Ormoc and Tacloban, Branches VI and IX with seats at Tacloban City, Branch X at Abuyog, Branch XI at Calubian, Branch XII at Ormoc City, Branch XIII at Carigara, Branch XIV at Baybay, Branch XV at Burauen, Branch XVI at Naval, Branch XVII at Palompon, and Branch XVIII at Hilongos;

Five branches (Branches XIX to XXIII) for the province of Northern Samar, Branches XIX and XX with seats at Catarman, Branches XXI and XXII at Laoang, and Branch XXIII at Allen;

Three branches (Branches XXIV to XXVI) for the province of Southern Leyte, Branches XXIV and XXV with seats at Maasin, and Branch XXVI at San Juan; and

Seven branches (Branches XXVII to XXXIII) for the province of Samar and the city of Calbayog, Branches XXVII to XXIX with seats at Catbalogan, Branch XXX at Basey, Branches XXXI and XXXII at Calbayog City, and Branch XXXIII at Calbiga.

(j) Twenty-four Regional Trial Judges shall be commissioned for the Ninth Judicial Region. There shall be:

Two branches (Branches I and II) for the province of Basilan, with seats at Isabela;

Two branches (Branches III and IV) for the province of Sulu, Branch III with seat at Jolo, and Branch IV at Parang;

One branch (Branch V) for the province of Tawi-Tawi, with seat at Bongao;

Six branches (Branches VI to XI) for the province of Zamboanga del Norte, and the cities of Dipolog and Dapitan, Branches VI to X seats at Dipolog City, and Branch XI at Sindangan; and

Thirteen branches (Branches XII to XXIV) for the province of Zamboanga del Sur and the cities of Pagadian and Zamboanga Branches XII to XVII with seats at Zamboanga City, Branches, XVIII to XXII at Pagadian City, Branch XXIII at Molave, and Branch XXIV at Ipil.

(k) Thirty-two Regional Trial Judges shall be commissioned for the Tenth Judicial Region. There shall be:

Five branches (Branches I to V) for the province of Agusan del Norte and the city of Butuan, with seats at Butuan City;

Two branches (Branches VI and VII) for the province of Agusan del Sur, Branches VI with seat at Prosperidad and Branch VII with seat at Bayugan;

Four branches (Branches VIII to XI) for the province of Bukidnon, Branches VIII to X with seats at Malaybalay and Branch XI at Manalo Fortich;

Five branches (Branches XII to XI) for the province of Misamis Occidental and the cities of Oroquieta, Ozamis, and Tangub, Branches XII to XIV with seats at Oroquieta City, Branch XV at Ozamis City, and Branch XVI at Tangub City;

Eleven branches (Branches XVII to XXVII) for the province of Misamis Oriental and the cities of Cagayan de Oro and Gingoog, Branches XVII to XXV with seats at Cagayan de Oro City, Branch XXVI at Medina, and Branch XXVII at Gingoog City;

One branch (Branch XXVIII) for the province of Camiguin, with seat at Mambajao; and

Four branches (Branches XXIX to XXXII) for the province of Surigao del Norte and the City of Surigao, Branches XXIX and XXX with seats at Surigao City, Branch XXXI at Dapa, and Branch XXXII at Dinagat, Dinagat Island.

(l) Twenty-nine Regional Trial Judges shall be commissioned for the Eleventh Judicial Region. There shall be

Four branches (Branches I to IV) for the province of Davao del Norte, Branches I and II with seats at Tagum, Branch III at Nabunturan, and Branch IV at Panabo;

Three branches (Branches V to VII) for the province of Davao Oriental, Branches V and VI with seats at Mati and Branch VII at Banganga;

Fourteen branches (Branches VIII to XXI) for the province of Davao del Sur and the city of Davao, Branches VIII to XVII with seats at Davao City, Branches XVIII and XIX at Digos, Branch XX at Malinta, and Branch XXI a Bansalan;

Five Branches (Branches XXII to XXVI) for the province of South Cotabato and the city of General Santos, Branches XXII and XXIII with seats at General Santos City, Branches XXIV and XXV at Koronadal, and Branch XXVI at Surallah; and

Three branches (Branches XXVII to XXIX) for the province of Surigao del Sur, Branch XXVII with seat at Tandag, Branch XXVIII at Lianga, and Branch XXIX at Bislig.

(m) Twenty Regional Trial Judges shall be commissioned for the Twelfth Judicial Region. There shall be:

Seven branches (Branches I to VII) for the province of Lanao del Norte and the city of Iligan, Branches I to VI with seats at Iligan City, and Branch VII at Tubod;

Five branches (Branches VIII to XII) for the province of Lanao del Sur and the city of Marawi, Branches VIII to X with seats at Marawi City, and Branches XI and XII at Malabang;

Three branches (Branches XIII to XV) for the province of Maguindanao and the city of Cotabato, Branches XIII and XIV with seats at Cotabato City, and Branch XV at Maganoy;

Three branches (Branches XVI to XVIII) for the province of North Cotabato, Branch XVI with seat at Kabacan, Branch XVII at Kidapawan, and Branch XVIII at Missayap; and

Two branches (Branches XIX and XX) for the province of Sultan Kudarat, Branch XIX, with seat at Isulan, and Branch XX at Tacurong.

Section 15. Qualifications. – No persons shall be appointed Regional Trial Judge unless he is a natural-born citizen of the Philippines, at least thirty-five years of age, and for at least ten years, has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.

Section 16. Time and duration of sessions. – The time and duration of daily sessions of the Regional Trial Courts shall be determined by the Supreme Court: Provided, however, That all motions, except those requiring immediate action, shall be heard in the afternoon of every Friday, unless it falls on a holiday, in which case, the hearing shall be held on the afternoon of the next succeeding business day: Provided, further, That the Supreme Court may, for good reasons, fix a different motion day in specified areas

Section 17. Appointment and assignment of Regional Trial Judges. – Every Regional Trial Judge shall be appointed to a region which shall be his permanent station, and his appointment shall state the branch of the court and the seat thereof to which he shall be originally assigned. However, the Supreme Court may assign temporarily a Regional Trial Judge to another region as public interest may require, provided that such temporary assignment shall not last longer than six (6) months without the consent of the Regional Trial Judge concerned.

A Regional Trial Judge may be assigned by the Supreme Court to any branch or city or municipality within the same region as public interest may require, and such assignment shall not be deemed an assignment to another station within the meaning of this section.

Section 18. Authority to define territory appurtenant to each branch. – The Supreme Court shall define the territory over which a branch of the Regional Trial Court shall exercise its authority. The territory thus defined shall be deemed to be the territorial area of the branch concerned for purposes of determining the venue of all suits, proceedings or actions, whether civil or criminal, as well as determining the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over the said branch may exercise appellate jurisdiction. The power herein granted shall be exercised with a view to making the courts readily accessible to the people of the different parts of the region and making the attendance of litigants and witnesses as inexpensive as possible.

Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original jurisdiction:

(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value exceeds Fifty

thousand pesos (50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (200,000.00);

(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (200,000.00);

(5) In all actions involving the contract of marriage and marital relations;

(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction or any court, tribunal, person or body exercising judicial or quasi-judicial functions;

(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and

(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (100,000.00) or, in such other abovementioned items exceeds Two hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*)

Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.

Section 21. Original jurisdiction in other cases. – Regional Trial Courts shall exercise original jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the

Court of Appeals which may give it due course only when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.

Section 23. Special jurisdiction to try special cases. – The Supreme Court may designate certain branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice.

Section 24. Special Rules of Procedure. – Whenever a Regional Trial Court takes cognizance of juvenile and domestic relation cases and/or agrarian cases, the special rules of procedure applicable under present laws to such cases shall continue to be applied, unless subsequently amended by law or by rules of court promulgated by the Supreme Court.

CHAPTER IIIMETROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT

TRIAL COURTS

Section 25. Establishment of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts. – There shall be created a Metropolitan Trial Court in each metropolitan area established by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities and/or municipalities as are grouped together pursuant to law.

Section 26. Qualifications. – No person shall be appointed judge of a Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court unless he is a natural-born citizen of the Philippines, at least 30 years of age, and, for at least five years, has been engaged in the practice of law in the Philippines, or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.

Section 27. Metropolitan Trial Courts of the National Capital Region. – There shall be a Metropolitan Trial Court in the National Capital Region, to be known as the Metropolitan Trial Court of Metro Manila, which shall be composed of eighty-two (82) branches. There shall be:

Thirty branches (Branches I to XXX) for the city of Manila with seats thereat;

Thirteen branches (Branches XXXI to XLIII) for Quezon City with seats thereat;

Five branches (Branches XLIV to XLVIII) for Pasay City with seats thereat;

Five branches (Branches XLIX to LIII) for Caloocan City with seats thereat;

One branch (Branch LIV) for Navotas with seat thereat;

Two branches (Branches LV and LVI) for Malabon with seats thereat;

Two branches (Branches LVII and LVIII) for San Juan with seats thereat;

Two branches (Branches LIX and LX) for Mandaluyong with seats thereat;

Seven branches (Branches LXI and LXVII) for Makati with seats thereat;

Five branches (Branches LXVIII to LXXII) for Pasig with seats thereat;

One branch (Branch LXXIII) for Pateros with seat thereat;

One branch (Branch LXXIV) for Taguig with seat thereat;

Two branches (Branches LXXV and LXXVI) for Marikina with seats thereat;

Two branches (Branches LXXVII and LXXVIII) for Parañaque with seats thereat;

One branch (Branch LXXIX) for Las Piñas with seat thereat;

One branch (Branch LXXX) for Muntinlupa with seat thereat;

Two branches (Branches LXXXI and LXXXII) for Valenzuela with seats thereat;

Section 28. Other Metropolitan Trial Courts. – The Supreme Court shall constitute Metropolitan Trial Courts in such other metropolitan areas as may be established by law whose territorial jurisdiction shall be co-extensive with the cities and municipalities comprising the metropolitan area.

Every Metropolitan Trial Judge shall be appointed to a metropolitan area which shall be his permanent station and his appointment shall state branch of the court and the seat thereof to which he shall be originally assigned. A Metropolitan Trial Judge may be assigned by the Supreme Court to any branch within said metropolitan area as the interest of justice may require, and such assignment shall not be deemed an assignment to another station within the meaning of this section.

Section 29. Municipal Trial Courts in cities. – In every city which does not form part of a metropolitan area, there shall be a Municipal Trial Court with one branch, except as hereunder provided:

Two branches for Laoag City;

Four branches for Baguio City;

Three branches for Dagupan City;

Five branches for Olongapo City;

Three branches for Cabanatuan City;

Two branches for San Jose City;

Three branches for Angeles City;

Two branches for Cavite City;

Two branches for Batangas City;

Two branches for Lucena City;

Three branches for Naga City;

Two branches for Iriga City;

Three branches for Legaspi City;

Two branches for Roxas City;

Four branches for Iloilo City;

Seven branches for Bacolod City;

Two branches for Dumaguete City;

Two branches for Tacloban City;

Eight branches for Cebu City;

Three branches for Mandaue City;

Two branches for Tagbilaran City;

Two branches for Surigao City;

Two branches for Butuan City;

Five branches for Cagayan de Oro City;

Seven branches for Davao City;

Three branches for General Santos City;

Two branches for Oroquieta City;

Three branches for Ozamis City;

Two branches for Dipolog City;

Four branches for Zamboanga City;

Two branches for Pagadian City; and

Two branches for Iligan City.

Section 30. Municipal Trial Courts. – In each of the municipalities that are not comprised within a metropolitan area and a municipal circuit there shall be a Municipal Trial Court which shall have one branch, except as hereunder provided:

Two branches for San Fernando, La Union;

Four branches for Tuguegarao;

Three branches for Lallo, and two branches for Aparri, both of Cagayan;

Two branches for Santiago, Isabela;

Two branches each for Malolos, Meycauayan and Bulacan, all of Bulacan Province;

Four branches for San Fernando and two branches for Guagua, both of Pampanga;

Two branches for Tarlac, Tarlac;

Two branches for San Pedro, Laguna; and

Two branches each for Antipolo and Binangonan, both in Rizal.

Section 31. Municipal Circuit Trial Court. – There shall be a Municipal Circuit Trial Court in each area defined as a municipal circuit, comprising one or more cities and/or one or more municipalities. The municipalities comprising municipal circuits as organized under Administrative Order No. 33, issued on June 13, 1978 by the Supreme Court pursuant to Presidential Decree No. 537, are hereby constituted as municipal circuits for purposes of the establishment of the Municipal Circuit Trial Courts, and the appointment thereto of Municipal Circuit Trial Judges:Provided, however, That the Supreme Court may, as the interests of justice may require, further reorganize the said courts taking into account workload, geographical location, and such other factors as will contribute to a rational allocation thereof, pursuant to the provisions of Presidential Decree No. 537 which shall be applicable insofar as they are not inconsistent with this Act.

Every Municipal Circuit Trial Judge shall be appointed to a municipal circuit which shall be his official station.

The Supreme Court shall determine the city or municipality where the Municipal Circuit Trial Court shall hold sessions.

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence they shall have exclusive original jurisdiction thereof. (as amended by R.A, No. 7691)

Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in civil cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand

pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00) exclusive of interest damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That where there are several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions;

(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.

(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That value of such property shall be determined by the assessed value of the adjacent lots. (as amended by R.A. No. 7691)

Section 34. Delegated jurisdiction in cadastral and land registration cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots the where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. (as amended by R.A. No. 7691)

Section 35. Special jurisdiction in certain cases. – In the absence of all the Regional Trial Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent Regional Trial Judges sit.

Section 36. Summary procedures in special cases. – In Metropolitan Trial Courts and Municipal Trial Courts with at least two branches, the Supreme Court may designate one or more branches thereof to try exclusively forcible entry and unlawful detainer cases, those involving violations of traffic laws, rules and regulations, violations of the rental law, and such other cases requiring summary disposition as the Supreme Court may determine. The Supreme Court shall adopt special rules or procedures applicable to such cases in order to achieve an expeditious and inexpensive determination thereof without regard to technical rules. Such simplified procedures may provide that affidavits and counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing pleadings shall be non-extendible.

Section 37. Preliminary investigation. – Judges of Metropolitan Trial Courts, except those in the National Capital Region, of Municipal Trial Courts, and Municipal Circuit Trial Courts shall have authority to conduct preliminary investigation of crimes alleged to have been committed within their respective territorial jurisdictions which are cognizable by the Regional Trial Courts.

The preliminary investigation shall be conducted in accordance with the procedure prescribed in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No. 911: Provided, however, That

if after the preliminary investigation the Judge finds a prima facie case, he shall forward the records of the case to the Provincial/City Fiscal for the filing of the corresponding information with the proper court.

No warrant of arrest shall be issued by the Judge in connection with any criminal complaint filed with him for preliminary investigation, unless after an examination in writing and under oath or affirmation of the complainant and his witnesses, he finds that a probable cause exists.

Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.

Section 38. Judgments and processes. –

(1) All judgments determining the merits of cases shall be in writing, stating clearly the facts and the law on which they were based, signed by the Judge and filed with the Clerk of Court. Such judgment shall be appealable to the Regional Trial Courts in accordance with the procedure now prescribed by law for appeals to the Court of First Instance, by the provisions of this Act, and by such rules as the Supreme Court may hereafter prescribe.

(2) All processes issued by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in cases falling within their jurisdiction, may be served anywhere in the Philippines without the necessity of certification by the Judge of the Regional Trial Court.

CHAPTER IVGENERAL PROVISIONS

Section 39. Appeals. – The period for appeal from final orders, resolutions, awards, judgments, or decisions of any court in all cases shall be fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or decision appealed from: Provided however, That in habeas corpus cases, the period for appeal shall be forty-eight (48) hours from the notice of the judgment appealed from.

No record on appeal shall be required to take an appeal. In lieu thereof, the entire record shall be transmitted with all the pages prominently numbered consecutively, together with an index of the contents thereof.

This section shall not apply in appeals in special proceedings and in other cases wherein multiple appeals are allowed under applicable provisions of the Rules of Court.

Section 40. Form of decision in appealed cases. – Every decision of final resolution of a court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted by reference from those set forth in the decision, order, or resolution appealed from.

Section 41. Salaries. – Intermediate Appellate Justices, Regional Trial Judges, Metropolitan Trial Judges, Municipal Trial Judges, and Municipal Circuit Trial Judges shall receive such compensation and allowances as may be authorized by the President along the guidelines set forth in Letter of Implementation No. 93 pursuant to Presidential Decree No. 985, as amended by Presidential Decree No. 1597.

Section 42. Longevity pay. – A monthly longevity pay equivalent to 5% of the monthly basic pay shall be paid to the Justices and Judges of the courts herein created for each five years of continuous, efficient, and meritorious service rendered in the judiciary; Provided, That in no case shall the total salary of each Justice or Judge concerned, after this longevity pay is added, exceed the salary of the Justice or Judge next in rank.

Section 43. Staffing pattern. – The Supreme Court shall submit to the President, within thirty (30) days from the date of the effectivity of this Act, a staffing pattern for all courts constituted pursuant to this Act which shall be the basis of the implementing order to be issued by the President in accordance with the immediately succeeding section.

Section 44. Transitory provisions. – The provisions of this Act shall be immediately carried out in accordance with an Executive Order to be issued by the President. The Court of Appeals, the Courts of First Instance, the Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the Municipal Courts, and the Municipal Circuit Courts shall continue to function as presently constituted and organized, until the completion of the reorganization provided in this Act as declared by the President. Upon such declaration, the said courts shall be deemed automatically abolished and the incumbents thereof shall cease to hold office. The cases pending in the old Courts shall be transferred to the appropriate Courts constituted pursuant to this Act, together with the pertinent functions, records, equipment, property and the necessary personnel.

The applicable appropriations shall likewise be transferred to the appropriate courts constituted pursuant to this Act, to be augmented as may be necessary from the funds for organizational changes as provided in Batas Pambansa Blg. 80. Said funding shall thereafter be included in the annual General Appropriations Act.

Section 45. Shari'a Courts. – Shari'a Courts to be constituted as provided for in Presidential Decree No. 1083, otherwise known as the "Code of Muslim Personal Laws of the Philippines," shall be included in the funding appropriations so provided in this Act.

Section 46. Gratuity of judges and personnel separated from office. – All members of the judiciary and subordinate employees who shall be separated from office by reason of the reorganization authorized herein, shall be granted a gratuity at a rate equivalent to one month's salary for every year of continuous service rendered in any branch of the government or equivalent nearest fraction thereof favorable to them on the basis of the highest salary received:Provided, That such member of the judiciary or employee shall have the option to retire under the Judiciary Retirement Law or general retirement law, if he has met or satisfied the requirements therefor.

Section 47. Repealing clause. – The provisions of Republic Act No. 296, otherwise known as the Judiciary Act of 1948, as amended, of Republic Act No. 5179 as amended, of the Rules of Court, and of all other statutes, letters of instructions and general order or parts thereof, inconsistent with the provisions of this Act are hereby repealed or accordingly modified.

Section 48. Date of Effectivity. – This Act shall take effect immediately.

Approved: August 14, 1981

Footnotes

*Other provisions of the Act:

"Section. 5. After five(5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act of Four hundred thousand pesos (P400,000.00).

Section. 7. The provisions of this Act shall apply to all civil cases that have not yet reached the pre-trial stage. However, by agreement of all the parties, civil cases cognizable by municipal and metropolitan courts by the provisions of this Act may be transferred from the Regional Trial Courts to the latter. The executive judge of the appropriate Regional Trial Court shall define the administrative procedure of transferring the cases affected by the redefinition of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Court, and Municipal Circuit Trial Court."

*Criminal cases falling within the jurisdiction of Family Courts (established by the Family Courts Act of 1997 [R.A. No. 8369]) have been transferred from Metropolitan trial Courts, Municipal Trial Courts,

Municipal trial Court in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts to Regional trial Courts under A.M. No. 99-1-13-SC effective March 1, 1999.

Republic of the PhilippinesCongress of the Philippines

Metro Manila

Eighth Congress

Republic Act No. 6975             December 13, 1990

AN ACT ESTABLISHING 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::

Section 1. Title of the Act. – This Act shall be known as the "Department of the Interior and Local Government Act of 1990."

Section 2. Declaration of Policy. – It is hereby declared to be the policy of the State to promote peace and order, ensure public safety and further strengthen local government capability aimed towards the effective delivery of the basic services to the citizenry through the establishment of a highly efficient and competent police force that is national in scope and civilian in character. Towards this end, the State shall bolster a system of coordination and cooperation among the citizenry, local executives and the integrated law enforcement and public safety agencies created under this Act.

The police force shall be organized, trained and equipped primarily for the performance of police functions. Its national scope and civilian character shall be paramount. No element of the police force shall be military nor shall any position thereof be occupied by active members of the Armed Forces of the Philippines.

Section 3. Promulgation of Comprehensive Policies by Congress. – Subject to the limitations provided in the Constitution, the President shall recommend to Congress the promulgation of policies on public order and safety to protect the citizenry from all forms of lawlessness, criminality and other threats to peace and order.

CHAPTER ITHE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Section 4. The Department of the Interior and Local Government. – To carry out the policies and purposes of this Act, the Department of Local Government is hereby reorganized into the Department of the Interior and Local Government, hereinafter referred to as the Department, in accordance with the provisions of this Act.

Section 5. Powers and Functions of the Department. – In furtherance of the objectives of this Act, the Department shall continue to exercise the powers and functions of the Department of Local Government in addition to the powers and functions as herein provided.

Section 6. Organization. – The Department shall consist of the Department Proper, the existing bureaus and offices of the Department of Local Government, the National Police Commission, the

Philippine Public Safety College, and the following bureaus: the Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology.

Section 7. Department Proper. – The Department Proper shall consist of the existing staff services as provided for under Executive Order No. 262 and the following offices:

(a) Office of the Secretary. – The office of the Secretary shall consist of the Secretary and his immediate staff; and

(b) Office of the Undersecretaries and Assistant Secretaries. – The Secretary shall be assisted by two (2) Undersecretaries, one (1) for local government and the other for peace and order, at least one (1) of whom must belong to the career executive service, and three (3) career Assistant Secretaries.

Section 8. Head of Department. – The head of the Department. – The head of the Department, hereinafter referred to as the Secretary, shall also be the ex-officio Chairman of the National Police Commission and shall be appointed by the President subject to confirmation of the Commission on Appointments. No retired or resigned military officer or police official may be appointed as Secretary within one (1) year from the date of his retirement or resignation.

Section 9. General Powers, Term of Office and Compensation of the Secretary. – The authority and responsibility for the exercise of the Department's powers and functions shall be vested in the Secretary, who shall hold office at the pleasure of the President and shall receive the compensation, allowances and other emoluments to which heads of departments are entitled.

Section 10. Specific Powers and Functions of the Secretary. – In addition to his powers and functions as provided in Executive Order No. 262, the Secretary as Department head shall have the following powers and functions:

(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime Operations Report and such other reports as the President and Congress may require;

(b) Act as Chairman and Presiding Officer of the National Police Commission; and

(c) Delegate authority to exercise any substantive or administrative function to the members of the National Police Commission or other officers of rank within the Department.

Section 11. Regional Offices. – The Department shall establish, operate and maintain a regional office in each of the administrative regions of the country to implement the policies and programs of the Department. Each regional office shall be headed by a regional director to be assisted by two (2) assistant regional directors: one (1) for jail management and penology and another for fire protection in addition to the present assistant regional directors of the Department of Local Government.

Section 12. Relationship of the Department with the Department of National Defense. – During a period of twenty-four (24) months from the effectivity of this Act, the Armed Forces of the Philippines (AFP) shall continue its present role of preserving the internal and external security of the State: Provided, That said period may be extended by the President, if he finds it justifiable, for another period not exceeding twenty-four (24) months, after which, the Department shall automatically take over from the AFP the primary role of preserving internal security, leaving to the AFP its primary role of preserving external security. However, even after the Department has assumed primary responsibility on matters affecting internal security, including the suppression of

insurgency, and there are serious threats to national security and public order, such as where insurgents have gained considerable foothold in the community thereby necessitating the employment of bigger tactical forces and the utilization of higher caliber armaments and better armored vehicles, the President may, upon recommendation of the peace and order council, call upon the Armed Forces of the Philippines to assume the primary role and the Philippine National Police (PNP) to play the supportive role in the area concerned.

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

The complementary relationship between the Department of the Interior and Local Government and the Department of National Defense in any of the preceding eventualities shall be jointly prescribed by their respective Secretaries in a memorandum of agreement that shall thereafter be published and implemented.

CHAPTER IITHE NATIONAL POLICE COMMISSION

Section 13. Creation and Composition. – A National Police Commission, hereinafter referred to as the Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the Constitution and provided in this Act. The Commission shall be a collegial body within the Department. It shall be composed of a Chairman and four (4) regular commissioners, one (1) of whom shall be designated as Vice-Chairman by the President. The Secretary of the Department shall be the ex-officio Chairman of the Commission, while the Vice-Chairman shall act as the executive officer of the Commission.

Section 14. Powers and Functions of the Commission. – The Commission shall exercise the following powers and functions:

(a) Exercise administrative control over the Philippine National Police;

(b) Advise the President on all matters involving police functions and administration;

(c) Foster and develop policies and promulgate rules and regulations, standards and procedures to improve police services based on sound professional concepts and principles;

(d) Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance, activities, and facilities of all police agencies throughout the country;

(e) Prepare a police manual prescribing rules and regulations for efficient organization, administration, and operation, including recruitment, selection, promotion and retirement;

(f) Establish a system of uniform crime reporting;

(g) Conduct surveys and compile statistical data for the proper evaluation of the efficiency and effectiveness of all police units in the country;

(h) Render to the President and to Congress an annual report on its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall

include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislation;

(i) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting;

(j) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions involving demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police;

(k) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over decisions on claims for police benefits;

(l) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention;

(m) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldy Commission, for insignia of ranks, awards and medals of honor;

(n) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who among its personnel can issue such processes and administer oaths in connection therewith; and

(o) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct.

Section 15. Qualifications. – No person shall be appointed regular member of the Commission unless:

(a) He is at least thirty-five (35) years of age;

(b) A member of the Philippine Bar or a holder of a master's degree in public administration, business administration, management, sociology, criminology, law enforcement, national security administration, defense studies, and other related discipline; and

(c) Has had experience in law enforcement work for at least five (5) years .

Section 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by the President upon the recommendation of the Secretary. Of the first four (4) commissioners to be appointed, two (2) commissioners shall serve for six (6) years and the two (2) other commissioners for four (4) years. All subsequent appointments shall be for a period of six (6) years each, without reappointment or extension.

Section 17. Temporary or Permanent Incapacity of the Chairman. – In case of absence due to temporary or permanent incapacity of the Chairman, the President shall designate an Acting Chairman. In case of death or permanent incapacity or disqualification of the Chairman, the Acting Chairman shall also act as such until a new Chairman shall have been appointed and qualified.

Section 18. Removal from Office. – The members of the Commission may be removed from office for cause. All vacancies in the Commission, except through expiration of term, shall be filled up for the unexpired term only: Provided, That any person who shall be appointed in this case shall be eligible for regular appointment for another full term.

Section 19. Prohibitions. – The Chairman and members of the Commission shall not engage in the practice of any profession, or intervene, directly or indirectly, in the management and control of any private enterprise. They shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

Section 20. Organizational Structure. – The Commission shall consist of the following units:

(a) Commission Proper. – This is composed of the offices of the Chairman and the four (4) commissioners.

(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 Administrative Service, which shall provide the Commission with assistance on budgetary and financial matters; provide the necessary services relating to records, correspondence, supplies, property and equipment, security and general services, and the maintenance and utilization of facilities; and provide services relating to manpower, career planning and development, personnel transactions and employee welfare;

(5) The Inspection and Monitoring Service, which shall conduct continuous inspection and management audit of personnel, facilities and operations at all levels of command of the PNP and shall monitor the implementation of the Commission's programs and projects relative to law enforcement; and

(6) The Installations and Logistics Service, which shall review the Commission's plans and programs and formulate policies and procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies and shall oversee the implementation of programs on transportation facilities and installations and the procurement and maintenance of supplies and equipment.

(c) Disciplinary Appellate Boards. – The Commission shall establish a formal administrative disciplinary appellate machinery consisting of the National Appellate Board and the regional appellate boards.

The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, while the regional appellate boards shall decide cases on appeal from decisions rendered by officers other than the PNP chief, the mayor, and the People Law Enforcement Board (PLEB) created hereunder.

Section 21. Regional Offices. – The Commission shall establish, operate and maintain regional offices headed by regional directors who shall implement the policies and programs of the Commission in their respective regions. For administrative purposes, the regional offices of the Commission shall be attached to the general offices of the Department.

Subject to the standards that shall be prescribed by the Commission, the regional offices shall likewise perform the functions of adjudication of benefit claims.

Section 22. Qualifications of Regional Directors. – No person shall be appointed regional director unless:

(a) He is at least thirty (30) years of age;

(b) A holder of a baccalaureate degree and appropriate civil service eligibility; and

(c) Has at least five (5) years experience in the field of law enforcement, criminology or police administration.

CHAPTER III

A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION

Section 23. Composition. – Subject to the limitations provided for in this Act, the Philippine National Police, hereinafter referred to as the PNP, is hereby established, initially consisting of the members of the police forces who were integrated into the Integrated National Police (INP) pursuant to Presidential Decree No. 765, and the officers and enlisted personnel of the Philippine Constabulary (PC). For purposes of this Act, the officers and enlisted personnel of the PC shall include those assigned with the Narcotics Command (NARCOM) or the Criminal Investigation Service (CIS); and those of the technical services of the AFP assigned with the PC and the civilian operatives of the CIS. The regular operatives of the abolished NAPOLCOM Inspection, Investigation and Intelligence Branch may also be absorbed by the PNP. In addition, a PC officer or enlisted personnel may transfer to any of the branches or services of the Armed Forces of the Philippines in accordance with the provisions of Section 85 of this Act.

In order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly urbanized cities, an individual must have completed not less than second year collegiate work or its equivalent in training of seventy-two (72) collegiate units.

Anyone who has any pending administrative or criminal case or has been adjudged liable or convicted of any crime pending appeal shall be allowed to join the PNP provisionally without prejudice to final judgment by a body of competent jurisdiction.

The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and the technical services of the AFP assigned with the PC, including NAPOLCOM hearing officers holding regular items as such, shall be absorbed by the Department as employees thereof, subject to existing laws and regulations.

Section 24. Powers and Functions. – The PNP shall have the following powers and functions:

(a) Enforce all laws and ordinances relative to the protection of lives and properties;

(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;

(d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws;

(e) Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.

In addition, the PNP shall absorb the office of the National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense, all the functions of the present Philippine Air Force Security Command (PAFSECOM), as well as the police functions of the Coast Guard. In order to perform its powers and functions efficiently and effectively, the PNP shall be provided with adequate land, sea, and air capabilities and all necessary material means of resources.

Section 25. Organization. – The PNP shall be headed by a Chief who shall be assisted by two (2) deputy chief, one (1) for operations and one (1) for administration, both of whom shall be appointed by the President upon recommendation of the Commission from among the most senior and qualified officers in the service: Provided, however, That in no case shall any officer who has retired or is retirable within six (6) months from his compulsory retirement age be appointed as Chief of the PNP. The PNP shall be composed of a national office, regional offices, provincial offices, district offices, city or municipal stations.

At the national level, the PNP shall maintain its office in Metropolitan Manila which shall house the directorial staff, service staff and special support units.

At the regional level, the PNP shall have regional offices, including that of the National Capital Region, which may be divided into two (2) separate regions without prejudice to the pertinent provisions of the Organic Act for the Autonomous Regions of the Cordilleras and Muslim Mindanao relative to the creation of a regional police force in the area of autonomy. Each of these regional offices shall be headed by a regional director for peace and order.

At the provincial level, there shall be a PNP office, each headed by a provincial director. In the case of large provinces, police districts may be established by the Commission to be headed by a district director.

At the city or municipal level, there shall be a PNP station, each headed by a chief of police.

The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in accordance with the broad guidelines set forth herein, recommend the organizational structure and staffing pattern of the PNP to the Commission.

Section 26. Powers, Functions and term of Office of the PNP Chief . – The command and direction of the PNP shall be vested in the Chief of the PNP who shall have the power to direct and control tactical as well as strategic movements, deployment, placement, utilization of the PNP or any of its units and personnel, including its equipment, facilities and other resources. Such command and direction of the Chief of the PNP may be delegated to subordinate officials with the respect to the units under their respective commands, in accordance with the rules and regulation prescribed by the Commission. The Chief of the PNP shall also have the power to issue detailed implementing policies and instructions regarding personnel, funds, properties, records, correspondence and such other matters as may be necessary to effectivity carry out the functions, powers and duties of the Bureau. The Chief of the PNP shall be appointed by the President from among the senior officers down to the rank of chief superintendent, subject to confirmation by the Commission on Appointments: Provided, That the Chief of the PNP shall serve a term of office not to exceed four (4) years: Provided, further, That in times of war or other national emergency declared by Congress, the President may extend such term of office.

Section 27. Manning Levels. – On the average nationwide, the manning levels of the PNP shall be approximately in accordance with a police-to-population ratio of one (1) policeman for every five hundred (500) persons. The actual strength by cities and municipalities shall depend on the state of peace and order, population density and actual demands of the service in the particular area: Provided, That the minimum police-to-population ratio shall not be less than one (1) policeman for every one thousand (1,000) persons: Provided, further, That urban areas shall have a higher minimum police-to-population ratio as may be prescribed by regulations.

Section 28. Rank Classification. – For purposes of efficient administration, supervision and control, the rank classification of the members of the PNP shall be as follows:

Director General

Deputy Director General

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Police Officer IV

Senior Police Officer III

Senior Police Officer II

Senior Police Officer I

Police Officer III

Police Officer II

Police Officer I

Section 29. Key Positions. – The head of the PNP with the rank director general shall have the position title of Chief of the PNP. The second in command of the PNP with the rank of deputy director general shall be the Deputy Chief of the PNP for Administration. The third in command with the rank also of deputy director general shall be the Deputy Chief of the PNP for Operations.

At the national office, the head of the directorial staff with the rank of deputy director general shall be known as Chief of the Directorial Staff of the PNP.

The heads of the various staff divisions in the directorial staff shall have the rank of director with the position title of Director of the Directorial Staff of their respective functional divisions. The head of the Inspectorate Division with the rank of chief superintendent shall assume the position title of Inspector General. The heads of the administrative and operational support divisions shall have the rank of chief superintendent.

The head of the NCR with the rank of director shall assume the position title of NCR Director.

The heads of the regional offices with the rank of chief superintendent shall assume the position title of Regional Director.

The heads of the NCR district offices with the rank of chief superintendent shall have the position title of District Director.

The heads of provincial offices with the rank of senior superintendent shall be known as Provincial Director.

The heads of the district offices with the rank of superintendent shall have the position title of District Director.

The heads of the municipality or city offices with the rank of chief inspector shall be known as Chief of Police.

Section 30. General Qualifications for Appointment. – No person shall be appointed as officer or member of the PNP unless he possesses the following minimum qualifications:

(a) A citizen of the Philippines;

(b) A person of good moral conduct;

(c) Of sound mind and body;

(d) Must possess a formal baccalaureate degree for appointment as officer and must have finished at least second year college or the equivalent of seventy-two (72) collegiate units for appointment as non-officer or an equivalent training or experience for those already in the service upon the effectivity of this Act.

(e) Must be eligible in accordance with the standards set by the Commission;

(f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government;

(g) Must not have been convicted be final judgment of an offense or crime involving moral turpitude;

(h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female;

(i) Must weight not more or less than five kilograms (5 kg.) of the standard weight corresponding to his or her height, age, and sex; and

(j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age.

Section 31. Appointment of PNP Officers and Members. – The appointment of the officers and members of the PNP shall be effected in the following manner:

(a) Police Officer I to Senior Police Officer IV . – Appointed by the PNP regional director for regional personnel or by the Chief of the PNP for the national headquarters personnel and attested by the Civil Service Commission.

(b) Inspector to Superintendent. – Appointed by the Chief of the PNP, as recommended by their immediate superiors, attested by the Civil Service Commission;

(c) Senior Superintendent to Deputy Director General. – Appointed by the President upon recommendation of the chief of the PNP, with proper endorsement by the Chairman of the Civil Service Commission and subject to confirmation by the Commission on Appointments; and

(d) Director General. – Appointed by the President from among the senior officers down to the rank of chief superintendent in the service, subject to confirmation by the Commission on Appointments: Provided, That the Chief of the PNP shall serve a tour of duty not to exceed four (4) years: Provided, further, That, in times of war or other national emergency declared by Congress, the President may extend such tour of duty.

Section 32. Examinations for Policemen. – The Civil Service Commission shall administer the qualifying entrance examinations for policemen on the basis of the standards set by the NAPOLCOM.

Section 33. Lateral Entry of Officers into the PNP. – In general, all original appointments of commissioned officers in the PNP shall commence with the rank of inspector, to include all those with highly technical qualifications applying for the PNP technical services, such as dentist, optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of medicine, members of the Bar, and chaplains shall be appointed to the rank of senior inspector in their particular technical service. Graduates of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of inspector. Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after promotions from the ranks are completed.

Section 34. Qualifications of Chief of City and Municipal Police Stations. – No person may be appointed chief of a city police station unless he holds a bachelor's degree from a recognized institution of learning or has served in the Philippine Constabulary or in the police department of any city or municipality with the rank of captain or its equivalent therein for at least three (3) years.

No person may be appointed chief of a municipal police station unless he holds a bachelor's degree from a recognized institution of learning or has served as officer in the Philippine Constabulary or in the police department of any city or municipality for at least two (2) years with the rank lieutenant or its equivalent: Provided, That a member of the Bar with at least five (5) years experience in active law practice and who possesses the general qualifications under Section 30 of this Act shall be qualified for appointment as chief of a city or municipal police station: Provided, further, That the chief of police shall be appointed in accordance with the provisions of Section 51, paragraph b), subparagraph (4) (i) of this Act.

Section 35. Support Units. – The PNP shall be supported by administrative and operational support units. The administrative support units shall consist of the Crime Laboratory, Logistic Unit, Communications Unit, Computer Center, Finance Center and Civil Security Unit. The operational support units shall be composed of the Maritime Police Unit, Police Intelligence Unit, Police Security Unit, Criminal Investigation Unit, Special Action Force, Narcotics units, Aviation Security Unit, Traffic Management Unit, the Medical and Dental Centers and the Civil Relations Unit. To enhance police operational efficiency and effectiveness, the Chief of the PNP may constitute such other support units as may be necessary subject to the approval of the Commission: Provided, That no support unit headed by a chief superintendent or a higher rank can be created unless provided by law.

(a) Administrative Support Units. – (1) Crime Laboratory. There shall be established a central Crime Laboratory to be headed by a Director with the rank of chief superintendent, which shall provides scientific and technical investigative aid and support to the PNP and other government investigative agencies.

It shall also provide crime laboratory examination, evaluation and identification of physical evidences involved in crimes with primary emphasis on their medical, chemical, biological and physical nature.

There shall be likewise be established regional and city crime laboratories as may be necessary in all regions and cities of the country.

(2) Logistic Unit. – Headed by a Director with the rank of chief superintendent, the Logistics Unit shall be responsible for the procurement, distributions and

management of all the logistical requirements of the PNP including firearms and ammunition.

(3) Communications Unit. – Headed by a Director with the rank of chief superintendent, the Communications Unit shall be responsible for establishing an effective police communications network.

(4) Computer Center. – Headed by a Director with the rank of chief superintendent, the Computer Center shall be responsible for the design, implementation and maintenance of a database system for the PNP.

(5) Finance Center. – Headed by a Director with the rank of chief superintendent, the Finance Center shall be responsible for providing finance services to the PNP.

(6) Civil Security Unit. – Headed by a Director with the rank of chief superintendent, the Civil Security Unit shall provide administrative services and general supervision over organization, business operation and activities of all organized private detectives, watchmen, security guard agencies and company guard houses.

The unit shall likewise supervise the licensing and registration of firearms and explosives.

The approval applications for licenses to operate private security agencies, as well as the issuance of licenses to security guards and the licensing of firearms and explosives, shall be decentralized to the PNP regional offices.

(b) Operational Support Units. – (1) Maritime Police Unit. Headed by a Director with the rank of chief superintendent, the Maritime Police Unit shall perform all police functions over Philippine territorial waters and rivers.

(2) Police Intelligence Unit. – Headed by a Director with the rank of chief superintendent, the Police Intelligence Unit shall serve as the intelligence and counterintelligence operating unit of the PNP.

(3) Police Security Unit. – Headed by a Director with the rank of chief superintendent, Police Security Unit shall provide security for government officials, visiting dignitaries and private individuals authorized to be given protection.

(4) Criminal Investigation Unit. – Headed by a Director with the rank of chief superintendent, the Criminal Investigation Unit shall undertake the monitoring, investigation and prosecution of all crimes involving economic sabotage, and other crimes of such magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and organizations.

This unit shall likewise investigate all major cases involving violations of the Revised Penal Code and operate against organized crime groups, unless the President assigns the case exclusively to the National Bureau of Investigation (NBI).

(5) Special Action Force. – Headed by a Director with the rank of chief superintendent, the Special Action Force shall function as a mobile strike force or reaction unit to augment regional, provincial, municipal and city police forces for civil

disturbance control, counterinsurgency, hostage-taking rescue operations, and other special operations.

(6) Narcotics Unit. – Headed by a Director with the rank of chief superintendent, the Narcotics Unit shall enforce all laws relative to the protection of the citizenry against dangerous and other prohibited drugs and substances.

(7) Aviation Security Unit. – Headed by a Director with the rank of chief superintendent, the Aviation Security Unit, in coordination with airport authorities, shall secure all the country's airports against offensive and terroristic acts that threaten civil aviation, exercise operational control and supervision over all agencies involved in airport security operation, and enforce all laws and regulations relative to air travel protection and safety.

(8) Traffic Management Unit. – Headed by a Director with the rank of chief superintendent, the Traffic Management Unit shall enforce traffic laws and regulations.

(9) Medical and Dental Centers. – Headed by a Director with the rank of chief superintendent, the Medical and Dental Centers shall be responsible for providing medical and dental services for the PNP.

(10) Civil Relations Units. – Headed with a Director with the rank of chief superintendent, the Civil Relations Unit shall implement plans and programs that will promote community and citizens' participation in the maintenance of peace and order and public safety.

Section 36. Status of Members of the Philippine National Police. – The members of the PNP shall be considered employees of the National Government and shall draw their salaries therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid in additional monthly allowance by the local government unit concerned.

B. PROFESSIONALISM, WELFARE AND BENEFITS

Section 37. Performance Evaluation System. – There shall be established a performance evaluation system which shall be administered in accordance with the rules, regulations and standards, and a code of conduct promulgated by the Commission for members of the PNP. Such performance evaluation system be administered in such a way as to foster the improvement of individual efficiency and behavioral discipline as well as the promotion of organizational effectiveness and respect for the constitutional and human rights of citizens, democratic principles and ideals and the supremacy of civilian authority over the military.

The rating system as contemplated herein shall be based on standards prescribed by the Commission and shall consider results of annual physical, psychological and neuropsychiatric examinations conducted on the PNP officer or member concerned.

Section 38. Promotions. – (a) A member of the PNP shall not be eligible for promotion to a higher position or rank unless he has successfully passed the corresponding promotional examination given by the Commission, or the Bar or corresponding board examinations for technical services and other professions, and has satisfactorily completed an appropriate and accredited course in the PNP or equivalent training institutions. In addition, no member of the PNP shall eligible for promotion

unless he has been cleared by the People's Law Enforcement Board (PLEB) of complaints proffered against him, if any.

(b) Special promotion may be extended to any member of the PNP for acts of conspicuous courage and gallantry at the risk of his life above and beyond the call of duty, or selected as such in a nationwide search conducted by the PNP or any accredited civic organization.

Section 39. Compulsory Retirement. – Compulsory retirement, for officer and non-officer, shall be upon the attainment of age fifty-six (56): Provided, That, in case of any officer with the rank of chief superintendent, director or deputy director general, the Commission may allow his retention in the service for an unextendible period of one (1) year.

Section 40. Optional Retirement. – Upon accumulation of at least twenty (20) years of satisfactory active service, an officer or non-officer, at his own request and with the approval of the Commission, shall be retired from the service and entitled to receive benefits provided by law.

C. ADMINISTRATIVE DISCIPLINARY MACHINERY

Section 41. (a) Citizen's Complaints. – Any complaint by an individual person against any member of the PNP shall be brought before the following:

(1) Chiefs of police, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof for a period not exceeding fifteen (15) days;

(2) Mayors of cities or municipalities, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than sixteen (16) days but not exceeding thirty (30) days;

(3) People's Law Enforcement Board, as created under Section 43 hereof, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension of forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days; or by dismissal.

The Commission shall provide in its implementing rules and regulations a scale of penalties to be imposed upon any member of the PNP under this section.

(b) Internal Discipline. – In dealing with minor offenses involving internal discipline found to have been committed by any regular member of their respective commands, the duly designated supervisors and equivalent officers of the PNP shall, after due notice and summary hearing, exercise disciplinary powers as follows:

(1) Chiefs of police or equivalent supervisors may summarily impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any of the combination of the foregoing: Provided; That, in all cases, the total period shall not exceed fifteen (15) days;

(2) Provincial directors or equivalent supervisors may summarily impose the administrative punishment of admonition or reprimand; restriction to specified limits;

withholding of privileges; forfeiture of salary or suspension; or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed thirty (30) days;

(3) Police regional directors or equivalent supervisors shall have the power to impose upon any member the disciplinary punishment of dismissal from the service. He may also impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; suspension or forfeiture of salary; demotion; or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed sixty (60) days;

(4) The Chief of the PNP shall have the power to impose the disciplinary punishment of dismissal from the service; suspension or forfeiture of salary; or any combination thereof for a period not exceeding one hundred eighty (180) days.

(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the disciplining authority who has acquired original jurisdiction over the case and notwithstanding the existence of concurrent jurisdiction as regards the offense: Provided, That offenses which carry higher penalties referred to a disciplining authority shall be referred to the appropriate authority which has jurisdiction over the offense.

For purposes of this Act, a "minor offense" shall refer to an act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include, but not limited to:

(1) Simple misconduct or negligence;

(2) Insubordination;

(3) Frequent absences or tardiness;

(4) Habitual drunkenness; and

(5) Gambling prohibited by law.

Section 42. Summary Dismissal Powers of the PNP Chief and Regional Directors. – The Chief of the PNP and regional directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases:

(a) When the charge is serious and the evidence of guilt is strong;

(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and

(c) When the respondent is guilty of conduct unbecoming of a police 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 the PLEB involving demotion or dismissal from the service may be appealed to the regional appellate board within ten (10) days from receipt of the copy of the notice of decision: Provided, further, That the disciplinary action imposed by the Chief of the PNP involving demotion or dismissal may be appealed to the National Appellate Board within ten (10) days from receipt thereof: Provided, furthermore, That the regional or National Appellate Board, as the case may be, shall decide the appeal within sixty (60) days from receipt of the notice of appeal: Provided, finally, That failure of the regional appellate board to act on the appeal within said period shall render the decision final and executory without prejudice, however, to the filing of an appeal by either party with the Secretary.

Section 46. Jurisdiction in Criminal Cases. – Any provision of law to the contrary notwithstanding, criminal cases involving PNP members shall within the exclusive jurisdiction of the regular courts: Provided, That the courts-martial appointed pursuant to Presidential Decree No. 1850 shall continue to try PC-INP members who have already been arraigned, to include appropriate actions thereon by the reviewing authorities pursuant to Commonwealth Act No. 408, otherwise known as the Articles of War, as amended, and Executive Order No. 178, otherwise known as the Manual for Courts-Martial: Provided, further, That criminal cases against PC-INP members who may have not yet been arraigned upon the effectivity of this Act shall be transferred to the proper city or provincial prosecutor or municipal trial court judge.

Section 47. Preventive Suspension Pending Criminal Case. – Upon the filing of a complaint or information sufficient in form and substance against a member of the PNP for grave felonies where the penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the accused from office until the case is terminated. Such case shall be subject to continuous trial and shall be terminated within ninety (90) days from arraignment of the accused.

Section 48. Entitlement to Reinstatement and Salary. – A member of the PNP who may have been suspended from office in accordance with the provisions of this Act or who shall have been terminated or separated from office shall, upon acquittal from the charges against him, be entitled to reinstatement and to prompt payment of salary, allowances and other benefits withheld from him by reason of such suspension or termination.

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.

D. PARTICIPATION OF LOCAL EXECUTIVES IN THE ADMINISTRATION OF THE PNP

Section 51. Powers of Local Government Officials Over the PNP Units or Forces. – Governors and mayors shall be deputized as representatives of the Commission in their respective territorial jurisdiction. As such, the local executives shall discharge the following functions:

(a) Provincial Governor – (1) Power to Choose the Provincial Director. – The provincial governor shall choose the provincial director from a list of three (3) eligible recommended by the PNP regional director.

(2) Overseeing the Provincial Public Safety Plan Implementation. – The governor, as chairman of the provincial peace and order council, shall oversee the implementation of the provincial public safety plan, which is prepared taking into consideration the integrated community safety plans, as provided under paragraph (b) (2) of this section.

(b) City and Municipal Mayors – (1) Operational Supervision and Control. The city and municipal mayors shall exercise operational supervision and control over PNP units in their respective jurisdiction except during the thirty (30) day period immediately preceding and the thirty (30) days following any national, local and barangay elections. During the said period, the local police forces shall be under the supervision and control of the Commission on Elections.

The term "operational supervision and control" shall mean the power to direct, superintend, oversee and inspect the police units and forces.

It shall include the power to employ and deploy units or elements of the PNP, through the station commander, to ensure public safety and effective maintenance of peace and order within the locality. For this purpose, the term "employ" and "deploy" shall mean as follows:

"Employ" refers to utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawless violence, rebellious seditious conspiracy, insurgency, subversion or other related activities.

"Deploy" shall mean the orderly organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein defined.

(2) Integrated Community Safety Plans. – The municipal/city mayor shall, in coordination with the local peace and order council of which he is the chairman pursuant to Executive Order No. 309, as amended, develop and establish an integrated area/community public safety plan embracing priorities of action and program thrusts for implementation by the local PNP stations.

It shall, likewise, be the duty of the city or municipal mayor to sponsor periodic seminars for members of the PNP assigned or detailed in his city or municipality in order to update them regarding local ordinances and legislations.

(3) Administrative Disciplinary Powers. – In the areas of discipline, city and municipal mayors shall have the powers to impose, after due notice and summary hearings, disciplinary penalties for minor offenses committed by members of the PNP assigned to their respective jurisdictions, as provided in Section 41 of this Act.

(4) Other Powers. – In addition to the aforementioned powers, city and municipal mayors shall have the following authority over the PNP units in their respective jurisdictions:

(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial police director, preferably from the same province, city or municipality.

(ii) Authority to recommend the transfer, reassignment or detail of PNP members outside of their respective city or town residences; and

(iii) Authority to recommend, from a list of eligibles previously screened by the peace and order council, the appointment of new members of the PNP to be assigned to their respective cities or municipalities without which no such appointment shall be attested.

Section 52. Suspension of Operational Supervision and Control. – The President may, upon consultation with the provincial governor and congressman concerned, suspend the power of operational supervision and control of any local executive over police units assigned or stationed in his jurisdiction for any of the following grounds:

(a) Frequent unauthorized absences;

(b) Abuse of authority;

(c) Providing material support to criminal elements; or

(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign.

Upon good cause shown, the President may, motu propio or upon the recommendation of the National Police Commission, restore such power withdrawn from any local executive.

CHAPTER IVBUREAU OF FIRE PROTECTION

Section 53. Composition. – The Bureau of Fire Protection, hereinafter referred to as the Fire Bureau, is hereby created initially consisting of the existing officers and uniformed members of the fire service of the Integrated National Police as constituted under Presidential Decree No. 765.

Section 54. Powers and Functions. – The Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on buildings, houses and other structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other related laws.

The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor who has jurisdiction over the case.

Section 55. Organization. – The Fire Bureau shall be headed by a chief who shall be assisted by a deputy chief. It shall be composed of provincial offices, district offices and city or municipal stations.

At the provincial level, there shall be an office of the provincial fire marshall which shall implement the policies, plans and programs of the Department; and monitor, evaluate and coordinate the operations and activities of the fire service operating units at the city and municipal levels. In the case of large provinces, district offices may be established, to be headed by a district fire marshall.

At the city or municipal level, there shall be a fire station, each headed by a city or municipal fire marshall: Provided, That, in the case of large cities and municipalities, a district office with subordinate fire stations headed by a district fire marshall may be organized as necessary.

The Fire Chief shall recommended to the Secretary the organizational structure and staffing pattern, as well as the disciplinary machinery for officers and men of the Bureau, in accordance with the guidelines set forth herein and as provided in Section 85 of this Act.

The local government units at the city and municipal levels shall be responsible for the fire protection and various emergency services such as rescue and evacuation of injured people at fire-related incidents and, in general, all fire prevention and suppression measures to secure the safety of life and property of the citizenry.

Section 56. Establishment of Fire Station. – There shall be established at least one (1) fire station with adequate personnel, firefighting facilities and equipment in every provincial capital, city and municipality subject to the standards, rules and regulations as may be promulgated by the Department. The local government unit shall, however, provide the necessary and or site of the station.

Section 57. Qualification Standards. – The qualification standards of the members of the Fire Bureau shall be as prescribed by the Department based on the requirement of the service.

Section 58. Rank Classification. – For purposes of efficient administration, supervision and control, the rank classification of the members of the Fire Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Fire Officer IV

Senior Fire Officer III

Senior Fire Officer II

Senior Fire Officer I

Fire Officer III

Fire Officer II

Fire Officer I

Section 59. Key Positions. – The head of the Fire Bureau with the rank of director shall have the position title of Chief of the Fire Bureau. He shall be assisted by a deputy chief with the rank of chief superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall assume the position title of Assistant Regional Director for Fire Protection as provided in Section 11 of this Act; the heads of the NCR district offices with the rank of senior superintendent shall have the position title of District Fire Marshall; the heads of the provincial offices with the rank of superintendent shall be known as Provincial Fire Marshall; the heads of the district offices with the rank of chief inspector shall have the position title of District Fire Marshall; and the heads of the municipal or city stations with the rank of senior inspector shall be known as Chief of Municipal/City Fire Station.

CHAPTER VBUREAU OF JAIL MANAGEMENT AND PENOLOGY

Section 60. Composition. – The Bureau of Jail Management and Penology, hereinafter referred to as the Jail Bureau, is hereby created initially consisting of officers and uniformed members of the Jail Management and Penology Service as constituted under Presidential Decree No. 765.

Section 61. Powers and Functions. – The Jail Bureau shall exercise supervision and control over all city and municipal jails. The provincial jails shall be supervised and controlled by the provincial government within its jurisdiction, whose expenses shall be subsidized by the National Government for not more than three (3) years after the effectivity of this Act.

Section 62. Organization. – The Jail Bureau shall be headed by a Chief who shall be assisted by a deputy chief.

The jail Bureau shall composed of city and municipal jails, each headed by a city or municipal jail warden: Provided, That, in the case of large cities and municipalities, a district jail with subordinate jails headed by a district jail warden may be established as necessary.

The Chief of the Jail Bureau shall recommended to the Secretary the organizational structure and staffing pattern of the Bureau as well as the disciplinary machinery for officers and men of the Bureau in accordance with the guidelines set forth herein and as prescribed in Section 85 of this Act.

Section 63. Establishment of District, City or Municipal Jail. – There shall be established and maintained in every district, city and municipality a secured, clean adequately equipped and sanitary jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical or health officer, pending the transfer to a medical institution.

The municipal or city jail service shall preferably be headed by a graduate of a four (4) year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that the human rights of this prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.

Section 64. Rank Classification. – For purpose of efficient administration, supervision and control, the rank classification of the members of the Jail Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Jail Officer IV

Senior Jail Officer III

Senior Jail Officer II

Senior Jail Officer I

Jail Officer III

Jail Officer II

Jail Officer I

Section 65. Key Positions. – The head of the Jail Bureau with the rank of director shall have the position title of Chief of Jail Bureau. He shall be assisted by a deputy chief with the rank of chief superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall assume the position title of Assistant Regional Director of Jail Management and Penology as provided by Section 12 of this Act; the heads of district offices with the rank of chief inspector shall have the position title of District Jail Warden; and the heads of the city or municipal stations with the rank of senior inspector shall be known as City/Municipal Jail Warden.

CHAPTER VITHE PHILIPPINE PUBLIC SAFETY COLLEGE

Section 66. Creation of the Philippine Public Safety College. – There is hereby created the Philippine Public Safety College (PPSC), which shall be the premier educational institution for the training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus.

Said College shall be under the direct supervision of a Board of Trustees composed of the Secretary and the three (3) bureau heads.

Section 67. Composition, Powers and Functions. – The College shall consist of the present Philippine National Police Academy (PNPA) established pursuant to Section 13 of Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center (PNTC), the National Police College, and other special training centers as may be created by the Department, whose functions shall be as follows:

(a) Formulate and implement training programs for the personnel of the Department;

(b) Establish and maintain adequate physical training facilities;

(c) Develop and implement research and development to support educational training programs;

(d) Conduct an assessment of the training needs of all its clientele; and

(e) Perform such other related functions as may be prescribed by the Secretary.

Section 68. Organization. – The structure and staffing pattern of the College shall be prescribed by the Secretary.

CHAPTER VIICOMMON PROVISIONS FOR UNIFORMED PERSONNEL

Section 69. Incentives and Awards. – There shall be established an incentives and awards system which shall be administered by a board under such rules, regulations and standards as may be promulgated by the Department: Provided, That equivalent awards shall be given by the Department

for every award duly given by respectable civic organizations in a nationwide selection for outstanding achievement and/or performance of any member.

Section 70. Health and Welfare. – It shall be the concern of the Department to provide leadership and assistance in developing health and welfare programs for its personnel.

The heads of all bureaus and other offices created under this Act shall take all proper steps towards the creation of an atmosphere conducive to a good supervisor-subordinate relationship and the improvement of personnel morale.

Section 71. Longevity Pay and Allowances. – Uniformed personnel of the Department shall be entitled to a longevity pay of ten percent (10%) of their basic monthly salaries for every five (5) years of service, which shall be reckoned from the date of the personnel's original appointment in the AFP, or appointment in the police, fire jail or other allied services to the integration of the PC and the INP: Provided, That the totality of such longevity pay shall not exceed fifty percent (50%) of the basic pay. They shall also continue to enjoy the subsistence allowance, quarters allowance, clothing allowance cost of living allowance, hazard pay, and all other allowances as provided by existing laws.

Section 72. Active Service. – For purposes of this Act, active service of the uniformed personnel shall refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP, Fire or Jail Force or in the municipal police prior to the integration of the PC-INP or in the AFP, and services rendered as a civilian official or employee in the Philippine Government prior to the date of separation or retirement from the PNP, Fire or Jail Force: Provided, That, for purposes of retirement he shall have rendered at least ten (10) years of active service as officer or non-officer in the AFP, and /or in the INP and/or in the PNP, Fire or Jail Force: Provided, further, That services rendered as cadet, probationary officer, trainee or draftee in the AFP or as cadet or trainee in the INP and PNP shall be credited for purposes of longevity pay: Provided, finally, That, for cadet services, the maximum number of service to be credited shall not exceed the duration of the pre-commissionship course specified in the curriculum.

Section 73. Permanent Physical Disability. – An officer or non-officer who, having accumulated at least twenty (20) years of active service, incurs total permanent physical disability in line of duty shall be compulsorily retired: Provided, That, if he has accumulated less than twenty (20) years of active service, he shall be separated from the service and be entitled to a separation pay equivalent to one and one-fourth (11/4) months base pay for every year of service, or a fraction thereof, and longevity pay of the permanent grade he holds.

Section 74. Retirement in the Next Higher Grade. – Uniformed personnel covered under this Act shall, for purposes of retirement pay, be retired in one (1) grade higher than the permanent grade last held: Provided, That they have served for at least one (1) year of active service in the permanent grade.

Section 75. Retirement Benefits. – 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.

Section 76. Death and Disability Benefits. – A uniformed personnel and/or his heirs shall be entitled to all benefits relative to the death or permanent incapacity of said personnel, as provided for under this Act, and/or other existing laws.

Section 77. Exemption from Attachment and Taxes. – All benefits granted by this Act, including benefits received from the Government Service Insurance System, shall not be subject to attachment, levy, execution or any tax of whatever nature.

Section 78. Uniformed Personnel Missing in Action. – Any uniformed personnel who while in the performance of duty or by reason of his being an officer or member of the PNP, Fire or Jail Force, is officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so absent, be entitled to receive or to have credited to his account the same pay and allowances to which such officer or uniformed member was entitled at the time of the incident: Provided, That the compulsory retirement of a person missing in action shall be processed to allow the members of the next of kin to enjoy the retirement benefits: Provided, further, That should the Chief of the PNP, Fire or Jail Force, as the same may be, upon the recommendation of the proper authority and/or immediate supervisor, subsequently determine that the officer or uniformed member concerned have been absent from duty without authority, such member or his heirs shall reimburse the PNP, Fire or Jail Force all such amount and allowances received by him in accordance with this section and the following section.

Section 79. Payment of Salary and Allowances to the Heirs of Uniformed Personnel. – In case any uniformed personnel has been officially confirmed as missing in action under any of the circumstances provided in the preceding section, the Chief of the PNP, Fire or Jail Force, as the case may be, shall direct payment of the absent uniformed personnel's monthly salary and allowances and other emoluments pertinent thereto his/her heirs for their support for a maximum period of one (1) year from the date of commencement of absent or when last heard from as those kidnapped or captured by lawless elements.

Section 80. Finding of Death and Termination of Payment of Salary and Allowances. – Upon the termination of the one (1) year period as specified in the preceding section, the missing uniformed personnel shall be automatically terminated. In the event said personnel shall thereafter be found to have been alive and is not entitled to the benefits paid under the preceding sections of this Act, said benefits shall be reimbursed to the State within six (6) months from the discovery of the fact or his reappearance. However, if his continued disappearance was fraudulent or made in bad faith he shall, together with his co-conspirators, be prosecuted according to law.

Section 81. Complaints and Grievances. – Uniformed personnel shall have the right to present complaints and grievances to their superiors or commanders and have them heard and adjudicated as expeditiously as possible in the best interest of the service, with due regard to due process in every case. Such complaints or grievances shall be resolved at the lowest possible level in the unit of command and the respondent shall have the right to appeal from an adverse decision to higher authorities.

Section 82. Prohibitions; Penalties. – As professional police, fire and jail officers and members responsible for the maintenance of peace and order and public safety, the members and officers of the PNP, Fire or Jail Force are hereby prohibited from engaging in strikes, rallies, demonstrations and other similar concerted activities, or performing other acts prejudicial to good order and police discipline.

Any PNP, fire or Jail Force member found guilty by final judgment of violating the provisions of the preceding paragraph shall be dismissed from the service without prejudice to whatever criminal or civil liability he may have incurred in relation to such violations.

CHAPTER VIIITRANSITORY PROVISIONS

Section 83. Secretary of the Department of Local Government on Holdover Capacity. – The incumbent Secretary of the Department of Local Government shall perform the functions of the Secretary of the Interior and Local Government on holdover capacity until such time when a new Secretary shall have been appointed by the President and confirmed by the Commission on Appointments.

Section 84. Special Oversight Committee. – A special Over-sight Committee is hereby created, composed of the Secretary as Chairman, the Secretary of Budget and Management as Co-chairman, the Secretary of National defense, the incumbent PC-INP Director General, the incumbent Chairman of the Civil Service Commission, the respective Chairmen of the Committee on Local Government and the Committee on National Defense and Security in the Senate, and the respective Chairmen of the Committee on Public Order and Security and the Committee on National Defense in the House of Representatives, as members, which shall plan and oversee the expeditious implementation of the transfer, merger and/or absorption into the Department of the personnel, property, appropriations and installations of involved agencies.

Section 85. Phases of Implementation. – The implementation of this Act shall be undertaken in three (3) phases, to wit:

Phase I – Exercise of option by the uniformed members of the Philippine Constabulary, the PC elements assigned with the Narcotics Command, CIS, and the personnel of the technical services of the AFP assigned with the PC to include the regular CIS investigating agents and the operatives and agents of the NAPOLCOM Inspection, Investigation and Intelligence Branch, and the personnel of the absorbed National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense to be completed within six (6) months from the date of the effectivity of this Act. At the end of this phase, all personnel from the INP, PC; AFP Technical Services, NACAH and NAPOLCOM Inspection, Investigation and Intelligence Branch shall have been covered by official orders assigning them to the PNP, Fire and Jail Forces by their respective units.

Phase II – Approval of the table of organization and equipment of all bureaus and offices created under this Act, preparation and filling up of their stalling pattern, transfer of assets to the Department and organization of the Commission, to be completed within twelve (12) months from the effectivity date hereof. At the end of this phase, all personnel to be absorbed by the Department shall have been issued appointment papers, and the organized Commission and the PNP shall be fully operational.

The PC officers and enlisted personnel who have not opted to join the PNP shall be reassigned to the Army, Navy or Air Force, or shall be allowed to retire under existing AFP rules and regulations. Any PC-INP officer or enlisted personnel may, within the twelve-month period from the effectivity of this Act, retire and be paid retirement benefits corresponding to a position two (2) ranks higher than his present grade, subject to the conditions that at the time he applies for retirement, he has rendered at least twenty (20) years of service and still has, at most, twenty-four (24) months of service remaining before the compulsory retirement age as provided by existing law for his office.

Phase III – Adjustment of ranks and establishment of one (1) lineal roster of officers and another for non-officers, and the rationalization of compensation and retirement systems; taking into consideration the existing compensation schemes and retirement and separation benefit systems of the different components of the PNP, to ensure that no member of the PNP shall suffer any diminution in basic longevity and incentive pays, allowances and retirement benefits due there before the creations of the PNP, to be completed within

eighteen (18) months from the effectivity of this Act. To accomplish the task of Phase III, the Commission shall create a Board of officers composed of the following: NAPOLCOM Commissioner as Chairman and one (1) representative each for the PC, Budget and Management.

Upon the effectivity of this Act, the Secretary shall exercise administrative supervision as well as operational control over the transferred, merged and/or absorbed AFP and INP units. The incumbent Director General of the PC-INP shall continue to act as Director General of the PNP until such time as he shall have been replaced by the President.

Section 86. Assumption by the PNP of Police Functions. – The PNP shall absorb the functions of the PC, the INP and the Narcotics Command upon the effectivity of this Act.

All functions of the PAFSECOM and the police functions of the Coast Guard shall be taken over by the PNP when it acquires the capability to perform such functions after the transition period of eighteen (18) months. The personnel of the PAFSECOM or the Coast Guard shall, within the transition period, have the option to join the PNP or remain with the PAFSECOM or the Coast Guard, as the case may be.

Section 87. Absorption by the Department of the National Action Committee on Anti-Hijacking. – The Department shall absorb the National Action Committee on Anti-Hijacking under the Department of National Defense, and the transfer of assets, personnel and accountabilities of this office to the Department shall proceed in accordance with the provisions of this chapter.

Section 88. Transfer, Merger, and Absorption of Offices and Personnel. – All properties, equipment, finances of the transferred and absorbed agencies, including their respective accountabilities, are hereby transferred to the Department.

The transfer, merger and/or absorption of any government office/unit concerned shall include the functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and liabilities, if any, of the transferred Office/unit as well as the personnel thereof, who shall; unless removed for cause and after due process; in a holdover capacity, continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits. Those personnel of the transferred, merged, and/or absorbed office/unit whose positions are not included in the new position structure and staffing pattern approved by the Department or who are not reappointed shall be given preference to join the Department or any of the offices thereunder or shall be allowed to retire under existing laws, rules and regulations. Otherwise, they shall be deemed separated and paid gratuity equivalent to one and one-fourth (11/4) months basic salary for every year of service or a fraction thereof.

The personnel of the existing Department of Local Government shall, unless removed for cause and after due process, continue to perform their duties and responsibilities and shall receive their corresponding salaries and benefits.

The heads of the various bureaus and offices created under this Act shall, within six (6) months from the effectivity of this Act, recommended the organizational structure and staffing pattern of their bureaus, and offices for approval by the Secretary.

Section 89. Compulsory Retirement for INP Members. – Any provision hereof to the contrary notwithstanding and within the transition period of four (4) years following the effectivity of this Act, the following members of the INP shall be considered compulsorily retired:

(a) Those who shall attain the age of sixty (60) on the first year of the effectivity of this Act.

(b) Those who shall attain the age of fifty-nine (59) on the second year of the effectivity of this Act; and

(c) Those who shall attain the age of fifty-eight (58) on the third year of the effectivity of this Act.

(d) Those who shall attain the age of fifty-seven (57) on the fourth year of the effectivity of this Act.

Section 90. Status of Present NAPOLCOM, PC-INP. – Upon the effectivity of this Act, the present National Police Commission, and the Philippine Constabulary-Integrated National Police shall cease to exist. The Philippine Constabulary, which is the nucleus of the integrated Philippine Constabulary-Integrated National Police, shall cease to be a major service of the Armed Forces of the Philippines. The Integrated National Police, which is the civilian component of the Philippine Constabulary-Integrated National Police, shall cease to be the national police force and in lieu thereof, a new police force shall be established and constituted pursuant to this Act.

CHAPTER IXFINAL PROVISIONS

Section 91. Application of Civil Service Laws. – The Civil Service Law and its implementing rules and regulations shall apply to all personnel of the Department.

Section 92. Funding. – For purpose of organizing and constituting the Department, and for carrying out the provisions of this Act, the appropriations of the abolished, transferred or reconstituted offices for the current fiscal year shall be transferred to the Department. Thereafter, such as may be necessary to carry out the provisions of this Act shall be included in the annual General Appropriations Act.

Section 93. Implementing Rules and Regulations. – Within ninety (90) days from his appointment, the Secretary shall promulgate rules and regulations necessary to ensure the effective implementation of this Act.

Section 94. Separability Clause. – If any portion or provision of this Act is declared unconstitutional, the same shall not effect the validity and effectivity of the other provisions not affected thereby.

Section 95. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act hereby repealed, amended or modified accordingly.

The provisions of Executive Order No. 262 shall remain valid insofar as they are not inconsistent with the provisions of this Act.

Section 96. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in two (2) national newspapers of general circulation.

Approved: December 13, 1990

A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library 

This page features the full text of Presidential Decree No. 968 

Probation Law of 1976 ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND

FOR OTHER PURPOSES. . chan robles virtual law library

Read full text of: 

Presidential Decree No. 1990 

AMENDING PRESIDENTIAL DECREE NO. 968,

OTHERWISE KNOWN AS THE PROBATION LAW OF

1976.

.

PRESIDENTIAL DECREE NO. 968  

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

. chan robles virtual law library 

. chan robles virtual law libraryWHEREAS, one of the major goals of the government is to establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism; . chanrobles virtual law library

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs constitutes an onerous drain on the financial resources of the country; and . chanrobles virtual law libraryWHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely to respond to individualized, community-based treatment programs;NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the following:chanroblesvirtuallawlibrary

Section 1. Title and Scope of the Decree. — This Decree shall be known as the Probation Law of 1976. It shall apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree numbered Six Hundred and three and similar laws.Sec. 2. Purpose. — This Decree shall be interpreted so as to: chanroblesvirtuallawlibrary

(a) promote the correction and rehabilitation of an offender by providing him with individualized treatment;(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and . chanrobles virtual law library(c) prevent the commission of offenses. . chanrobles virtual law librarySec.  3. Meaning of Terms. — As used in this Decree, the following shall, unless the context otherwise requires, be construed thus: chanroblesvirtuallawlibrary

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. . chanrobles virtual law library(b) "Probationer" means a person placed on probation.(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a probationer or both.Sec.  4. Grant of Probation. — Subject to the provisions of this Decree, the court may, after it shall have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken from the sentence of conviction. The filing of the application shall be deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.An order granting or denying probation shall not be appealable.Sec.  5. Post-sentence Investigation. — No person shall be placed on probation except upon prior investigation by the probation officer and a determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby. . chanrobles virtual law librarySec.  6. Form of Investigation Report. — The investigation report to be submitted by the probation officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the Secretary of Justice.Sec.  7. Period for Submission of Investigation Report. — The probation officer shall submit to the court the investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct the investigation. The court shall resolve the petition for probation not later than five days after receipt of said report.Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed on temporary liberty under his bail filed in the

criminal case; Provided, That, in case where no bail was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant on recognize to the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court.Sec.  8. Criteria for Placing an Offender on Probation. — In determining whether an offender may be placed on probation, the court shall consider all information relative, to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources. Probation shall be denied if the court finds that: chanroblesvirtuallawlibrary

(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or(b) there is undue risk that during the period of probation the offender will commit another crime; or . chanrobles virtual law library(c) probation will depreciate the seriousness of the offense committed. . chanrobles

virtual law librarySec.  9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those: (a) sentenced to serve a maximum term of imprisonment of more than six years;(b) convicted of any offense against the security of the State;(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;(d) who have been once on probation under the provisions of this Decree; and(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.Sec.  10. Conditions of Probation. — Every probation order issued by the court shall contain conditions requiring that the probationer shall: chanroblesvirtuallawlibrary

(a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within seventy-two hours from receipt of said order; . chanrobles virtual law library(b) report to the probation officer at least once a month at such time and place as specified by said officer.The court may also require the probationer to: chanroblesvirtuallawlibrary

(a) cooperate with a program of supervision;(b) meet his family responsibilities;(c) devote himself to a specific employment and not to change said employment without the prior written approval of the probation officer;(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified institution, when required for that purpose; . chanrobles virtual law library(e) pursue a prescribed secular study or vocational training;(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;

(g) refrain from visiting houses of ill-repute;(h) abstain from drinking intoxicating beverages to excess;(i) permit the probation officer or an authorized social worker to visit his home and place of work;(j) reside at premises approved by it and not to change his residence without its prior written approval; or(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience.Sec.  11. Effectivity of Probation Order. — A probation order shall take effect upon its issuance, at which time the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation.Sec.  12. Modification of Condition of Probation. — During the period of probation, the court may, upon application of either the probationer or the probation officer, revise or modify the conditions or period of probation. The court shall notify either the probationer or the probation officer of the filing of such an application so as to give both parties an opportunity to be heard thereon. . chanrobles virtual law

libraryThe court shall inform in writing the probation officer and the probationer of any change in the period or conditions of probation.Sec.  13. Control and Supervision of Probationer. — The probationer and his probation program shall be under the control of the court who placed him on probation subject to actual supervision and visitation by a probation officer. Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such a case, a copy of the probation order, the investigation report and other pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed by the court which granted the probation.Sec.  14. Period of Probation. — (a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years, and in all other cases, said period shall not exceed six years.(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of the Revised Penal Code, as amended. .chanrobles virtual law library

Sec.  15. Arrest of Probationer; Subsequent Disposition. — At any time during probation, the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and summary, of the violation charged. The defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. If the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.Sec.  16. Termination of Probation. — After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted.The probationer and the probation officer shall each be furnished with a copy of such order.Sec.  17. Confidentiality of Records. — The investigation report and the supervision history of a probationer obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the court concerned, except that the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best interest of the probationer makes such disclosure desirable or helpful: Provided, Further, That, any government office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use from the proper court or the Administration. . chanrobles virtual law librarySec.  18. The Probation Administration. — There is hereby created under the Department of Justice an agency to be known as the Probation Administration herein referred to as the Administration, which shall exercise general supervision over all probationers.The Administration shall have such staff, operating units and personnel as may be necessary for the proper execution of its functions.Sec.  19. Probation Administration. — The Administration shall be headed by the Probation Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He shall hold office during good behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall be to: chanroblesvirtuallawlibrary

(a) act as the executive officer of the Administration;(b) exercise supervision and control over all probation officers; . chanrobles virtual law

library(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning the operation, administration and improvement of the probation system; . chanrobles virtual law library(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the methods and procedures of the probation process;(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration and other offices established in this Decree; and(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve the objectives of this Decree.Sec.  20. Assistant Probation Administrator. — There shall be an Assistant Probation Administrator who shall assist the Administrator perform such duties as may be assigned to him by the latter and as may be provided by law. In the absence of the Administrator, he shall act as head of the Administration. . chanrobles

virtual law libraryHe shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-six thousand pesos.Sec.  21. Qualifications of the Administrator and Assistant Probation Administrator. — To be eligible for Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five years of age, holder of a master's degree or its equivalent in either criminology, social work, corrections, penology, psychology, sociology, public administration, law, police science, police administration, or related fields, and should have at least five years of supervisory experience, or be a member of the Philippine Bar with at least seven years of supervisory experience.Sec.  22. Regional Office; Regional Probation Officer. — The Administration shall have regional offices organized in accordance with the field service area patterns established under the Integrated Reorganization Plan.Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of the Philippines in accordance with the Integrated Reorganization Plan and upon the recommendation of the Secretary of Justice.The Regional Probation Officer shall exercise supervision and control over all probation officer within his jurisdiction and such duties as may be assigned to him by the Administrator. He shall have an annual salary of at least twenty-four thousand pesos.He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with an annual salary of at least twenty thousand pesos.

Sec.  23. Provincial and City Probation Officers. — There shall be at least one probation officer in each province and city who shall be appointed by the Secretary of Justice upon recommendation of the Administrator and in accordance with civil service law and rules.The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four hundred pesos.His duties shall be to: chanroblesvirtuallawlibrary . chanrobles virtual law library(a) investigate all persons referred to him for investigation by the proper court or the Administrator;(b) instruct all probationers under his supervision or that of the probation aide on the terms and conditions of their probations;(c) keep himself informed of the conduct and condition of probationers under his charge and use all suitable methods to bring about an improvement in their conduct and conditions;(d) maintain a detailed record of his work and submit such written reports as may be required by the Administration or the court having jurisdiction over the probationer under his supervision;(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act as probation aides;(f) supervise the training of probation aides and oversee the latter's supervision of probationers;(g) exercise supervision and control over all field assistants, probation aides and other personnel; and(h) perform such duties as may be assigned by the court or the Administration. . chanrobles virtual law librarySec.  24. Miscellaneous Powers of Provincial and City Probation Officers. — Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments and to take depositions in connection with their duties and functions under this Decree. They shall also have, with respect to probationers under their care, the powers of a police officer.Sec.  25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. — No person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses at least a bachelor's degree with a major in social work, sociology, psychology, criminology, penology, corrections, police science, police administration, or related fields and has at least three years of experience in work requiring any of the abovementioned disciplines, or is a member of the Philippine Bar with at least three years of supervisory experience.Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified residents of the province or city where he will be assigned to work. .chanrobles virtual law library

Sec.  26. Organization. — Within twelve months from the approval of this Decree, the Secretary of Justice shall organize the administrative structure of the Administration and the other agencies created herein. During said period, he shall also determine the staffing patterns of the regional, provincial and city probation offices with the end in view of achieving maximum efficiency and economy in the operations of the probation system. . chanrobles virtual law librarySec.  27. Field Assistants, Subordinate Personnel. — Provincial or City Probation Officers shall be assisted by such field assistants and subordinate personnel as may be necessary to enable them to carry out their duties effectively.Sec.  28. Probation Aides. — To assist the Provincial or City Probation Officers in the supervision of probationers, the Probation Administrator may appoint citizens of good repute and probity to act as probation aides.Probation Aides shall not receive any regular compensation for services except for reasonable travel allowance. They shall hold office for such period as may be determined by the Probation Administrator. Their qualifications and maximum case loads shall be provided in the rules promulgated pursuant to this Decree. . chanrobles virtual law librarySec.  29. Violation of Confidential Nature of Probation Records. — The penalty of imprisonment ranging from six months and one day to six years and a fine ranging from six hundred to six thousand pesos shall be imposed upon any person who violates Section 17 hereof.Sec.  30. Appropriations. — There is hereby authorized the appropriation of the sum of Six Million Five Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be necessary shall be included in the annual appropriations of the national government.Sec.  31. Repealing Clause. — All provisions of existing laws, orders and regulations contrary to or inconsistent with this Decree are hereby repealed or modified accordingly. . chanrobles virtual law librarySec.  32. Separability of Provisions. — If any part, section or provision of this Decree shall be held invalid or unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.Sec.  33. Effectivity. — This Decree shall take effect upon its approval: Provided, However, That, the application of its substantive provisions concerning the grant of probation shall only take effect twelve months after the certification by the Secretary of Justice to the Chief Justice of the Supreme Court that the administrative structure of the Probation Administration and of the other agencies has been organized.DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six. . chanrobles virtual law library

felony   [fel′ə nē]Use felony in a sentence

noun1. The definition of a felony is a major crime with a minimum penalty of one

year in prison.

Felony Degree RankingsEach type of felony is classified using a degree ranking. This degree ranking uses a letter or a number, and the rank determines how serious the crime is. These rankings usually differ from state to state; however, violent felonies are often considered more serious crimes than non violent crimes.

Types of FeloniesThere are two different types of felonies:

a. A violent crime - a crime in which the individual who committed the crime presented a serious risk of injury to another individual. For example, a crime in which the individual used a gun or a weapon would be considered a violent felony.

b. A non-violent crime - a crime in which the individual who committed the crime did not present a serious risk of injury to another individual. For example, possession of an illegal substance is considered a non-violent felony.

After an individual is released from prison after committing a felony, he or she still suffers consequences from the government:

c. The individual may lose their right to vote.d. The individual may not be eligible for certain licenses.e. The individual may be deported.An example of felony is rape, arson, or kidnapping.