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Practice Exams

Module 6.3: Legal Bases of Modern Philippine Policing

I. RA 6975: The Department of the Interior and Local Government Act of 1990

Signed into law on December 13, 1990, RA 6975 is the single most important legal basis for the modern police system. It abolished the PC-INP and created the PNP, DILG, BJMP, and BFP.

A. Core Mandate: Creation of a Civilian Police Force

The primary goal of RA 6975 was to establish a police force that is national in scope and civilian in character.

Board Exam Tip: Tandaan—"national in scope, civilian in character." Ito ang magic phrase ng RA 6975. Halos lahat ng tanong about RA 6975 ay umiikot dito.

  • National in Scope: One police force for the entire country, ensuring uniform standards and application of the law.

    National in scope = Iisang PNP lang para sa buong Pilipinas. Hindi na katulad noon na bawat city ay may sariling independent police force. Ngayon, lahat under ng PNP—uniform ang training, standards, at organization.

  • Civilian in Character: The PNP is not part of the military. It is an agency of the civilian government, controlled by civilian authorities. To ensure this, it was placed under the newly created Department of the Interior and Local Government (DILG).

    Civilian in character = Hindi military ang PNP. Dati kasi, ang police (PC-INP) ay under ng AFP (Armed Forces). Ngayon, hiwalay na—under ng DILG (civilian agency). Bakit importante ito? Para hindi maging militar ang policing style. Ang pulis ay para sa peace and order, hindi para sa war.

B. Key Provisions of RA 6975

  1. Creation of the PNP: It established the PNP, absorbing the officers and members of the Philippine Constabulary (PC) and the Integrated National Police (INP).

    Merger: PC + INP = PNP. Lahat ng dating PC at INP personnel ay naging PNP na noong 1991.

  2. Creation of the DILG: It established the DILG, which was given administrative control over the PNP, the Bureau of Fire Protection (BFP), and the Bureau of Jail Management and Penology (BJMP).

    DILG = Department na nag-mamange ng PNP, BFP (fire), at BJMP (jails). Lahat ng peace and order agencies ay under ng DILG.

  3. Creation of NAPOLCOM: While NAPOLCOM already existed, RA 6975 reorganized it and placed it under the DILG to serve as the policy-making and oversight body for the PNP.

    NAPOLCOM = National Police Commission. Sila ang nag-set ng policies, nag-approve ng promotions, at nag-investigate ng administrative cases. Parang "board of directors" ng PNP.

  4. Powers of LGUs: It gave provincial governors and city/municipal mayors certain operational supervision and control powers over PNP units in their respective jurisdictions.

    • Mayors: Have the power to choose their own Chief of Police from a list of five (5) eligibles recommended by the PNP Provincial Director.

    Ibig sabihin: Ang mayor ay may say kung sino ang magiging Chief of Police ng kanyang city/municipality. Hindi pwedeng arbitrary ang pagpili—dapat from a list of 5 qualified candidates. Ito ay para may local input pero hindi naman full control ng politicians.

  5. PNP Rank Structure: It established the initial rank structure of the PNP, which was different from the AFP ranks (e.g., Director General, Superintendent, Inspector).

    Note: Ang rank structure ay na-change na noong RA 11200 (2019) para ma-align sa AFP ranks. Pero sa exam, dapat alam mo pa rin ang old ranks kasi maraming references pa rin diyan.

Board Exam Tip: RA 6975 is the "mother law" of the PNP. Questions often revolve around its fundamental purpose: creating a national and civilian police force. Memorize this phrase.

RA 6975 vs. RA 8551: Key Differences

Feature RA 6975 (1990) RA 8551 (1998)
Main Goal Establish a national and civilian PNP. Professionalize and reform the PNP.
Education Req. 72 Collegiate Units Baccalaureate Degree
NAPOLCOM Power Reorganized and placed under DILG. Powers significantly strengthened and expanded.
Key Intro Initial rank structure, LGU powers Attrition System, 10% Women Quota

Board Exam Tip: RA 8551 is the "reform law." Associate it with "professionalization," "higher education," "attrition," and "strengthening NAPOLCOM." The 10% quota for women is a very common exam question.

Sample Rank Changes under RA 11200

Old Rank (RA 6975) New Rank (RA 11200) AFP Equivalent
Director General Police General General
Chief Superintendent Police Brigadier General Brigadier General
Senior Inspector Police Captain Captain
Police Officer 1 (PO1) Police Patrolman/Patrolwoman Private

Board Exam Tip: RA 11200 is purely about rank names. It did not militarize the PNP. Any question suggesting that this law changed the PNP's civilian character would be false. Know the new ranks and their old equivalents.

Introduction

The modern Philippine National Police (PNP) is a creature of law. Its structure, powers, and limitations are not arbitrary but are defined by specific statutes enacted by Congress. This module provides a focused analysis of the three most important laws that serve as the legal foundation of the PNP:

  1. RA 6975 (The DILG Act of 1990): The birth certificate of the PNP.
  2. RA 8551 (The PNP Reform and Reorganization Act of 1998): The law that aimed to professionalize and reform the PNP.
  3. RA 11200 (An Act Providing for the Rank Classification in the PNP): The law that standardized PNP ranks to align with military nomenclature.

A thorough understanding of these laws is non-negotiable for the Criminology Board Exam.

Key Learning Objectives:

  • Identify the core purpose and key provisions of RA 6975.
  • Analyze the major reforms introduced by RA 8551.
  • Understand the changes in rank classification brought by RA 11200.
  • Compare and contrast the key features of these foundational laws.

II. RA 8551: The PNP Reform and Reorganization Act of 1998

After several years of the PNP's existence, issues regarding its effectiveness, professionalism, and discipline became apparent. RA 8551 was enacted to address these problems and "cleanse" the police force.

A. Core Mandate: Professionalization and Reform

The main objective of RA 8551 was to professionalize the PNP and institute reforms to improve its efficiency, effectiveness, and accountability.

B. Key Reforms Introduced by RA 8551

  1. Strengthening the Civilian Character: It reinforced the civilian nature of the PNP by limiting the appointment of retired military officers as Chief, PNP.
  2. Higher Educational Qualification: It raised the minimum educational requirement for new police recruits from 72 collegiate units to a baccalaureate degree. It also required current members to comply with this requirement within a given timeframe (later extended by RA 9708).
  3. Strengthening NAPOLCOM: It significantly enhanced the powers of NAPOLCOM, giving it greater administrative control and operational supervision over the PNP. This included:
    • The power to create a National Appellate Board and Regional Appellate Boards to handle disciplinary cases.
    • Expanded powers to investigate and summarily dismiss erring police personnel.
  4. Attrition System: It established a system of attrition to remove personnel who were ineffective or no longer qualified. Grounds for attrition include:
    • Attrition by Rank: Failure to be promoted for a maximum period (e.g., 10 years).
    • Attrition by Relief: Being relieved from a position for just cause and not being given a new assignment for two years.
    • Attrition by Non-Promotion: Failure to comply with minimum qualification standards.
    • Attrition by other means: e.g., failing to pass the required promotional exams.
  5. Empowerment of Women: It mandated that at least ten percent (10%) of annual police recruitment quotas be reserved for female applicants.

Comparison Table: RA 6975 vs. RA 8551 | Feature | RA 6975 (Creation) | RA 8551 (Reform) |

III. RA 11200: PNP Rank Classification Act (2019)

Over the years, the different rank terminologies for the PNP and AFP caused confusion, especially during joint operations. RA 11200 was passed to address this by standardizing the PNP's rank classification.

A. Core Mandate: Standardization of Ranks

The sole purpose of this law is to change the rank names used in the PNP to make them consistent with the ranks used in the military and other uniformed services in the region.

B. Key Provisions of RA 11200

  1. New Rank Classification: It replaced the old PNP ranks (from Director General down to PO1) with new ranks that are direct equivalents of AFP ranks (from General down to Private).
  2. No Change in Powers: The law explicitly states that this change is for classification purposes only. It does not modify the command structure, powers, functions, or retirement benefits of the police. The PNP remains civilian.
  3. Uniformity: It promotes better coordination and interoperability between the PNP and the AFP by eliminating rank confusion.

Old Ranks vs. New Ranks (Sample) | Old PNP Rank (RA 6975) | New PNP Rank (RA 11200) | Military Equivalent |

Conclusion

These three laws—RA 6975, RA 8551, and RA 11200—are the pillars of modern Philippine policing.

  • RA 6975 gave birth to the PNP.
  • RA 8551 professionalized and reformed it.
  • RA 11200 standardized its ranks.

Together, they provide the legal framework that governs every aspect of a police officer's career, from recruitment and promotion to discipline and retirement. A solid grasp of their key provisions, purposes, and the differences between them is critical for success in the Criminology Licensure Examination.