REPUBLIC ACT NO. 4864 August 8, 1966
AN ACT CREATING THE POLICE COMMISSION, AMENDING AND REVISING THE LAWS RELATIVE TO THE LOCAL POLICE SYSTEM, AND FOR OTHER PURPOSES
Sec. 1. Title of Act. This Act shall be known and may be cited as the "Police Act of 1966".
Sec. 2. Purposes. It is hereby declared to be the policy and purpose of this Act to achieve and attain a higher degree of efficiency in the organization, administration, and operation of local police agencies with the end in view that peace and order may be maintained more effectively and the laws enforced with more impartiality. It is also the object of this Act to place the local police service on a professional level.
Sec. 3. Creation of Police Commission. To carry out the objectives of this Act, there is hereby created a Police Commission under the Office of the President of the Philippines composed of a chairman and two other members, to be appointed by the President with the consent of the Commission on...
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Republic Acts
AN ACT CREATING THE POLICE COMMISSION
Republic Act No. 4864
Title: Police Act of 1966
I. Creation of Police Commission (Sec. 3)
- A Police Commission under the Office of the President is created, composed of a chairman and two members appointed by the President.
- Qualifications: Member of the Philippine Bar with 10 years of police work experience, or degree in police administration/criminology with 10 years of police work experience.
- The Director of the National Bureau of Investigation and the Chief of the Philippine Constabulary are ex-officio members without voting rights.
II. Powers and Duties of the Police Commission (Sec. 4)
- Advise the President on local police administration matters.
- Examine and audit the performance, activities, and facilities of local police agencies.
- Prepare a police manual with rules and regulations for local police agencies.
- Conduct surveys and compile statistical data on the efficiency of local police agencies.
- Study and recommend legislation defining jurisdiction between NBI, Philippine Constabulary, and local police agencies.
- Recommend placing local police agencies under Philippine Constabulary control after investigation.
- Approve appointments of confidential agents, security agents, special agents, and informers by governors or mayors.
- Submit a study on the feasibility of organizing a national non-military and civilian police agency.
- Organize and develop police training programs and operate police academies.
- Establish a system of Uniform Crime Reports.
- Recommend an annual crime prevention program.
- Recommend the release of funds appropriated for this Act.
- Submit an annual report to the President and Congress on the conditions of local police agencies and peace and order.
- Prescribe minimum standard arms, equipment, uniforms, insignia, awards, and medals for local police agencies.
III. Constitution of City or Municipal Police Force (Sec. 6)
- Each city or municipality shall have a chief of police and policemen determined by the municipal board or council.
- The council shall fix the compensation of police officers and members.
- The city or municipality shall provide necessary police equipment, arms, uniforms, and insignia as per Commission specifications.
- The Chief of Police is the custodian of police equipment and arms not issued to individual policemen.
IV. Duties of Peace Officers (Sec. 7)
- Preserve peace and order, prevent crimes, protect life, liberty, and property, and arrest violators of laws and ordinances within their jurisdiction.
- Exercise general powers to make arrests, searches, and seizures in accordance with law.
- Detain arrested persons only within the prescribed period by law.
V. Appointment of Police Officers (Sec. 8-11)
- Appointments shall be made by the mayor from the list of eligibles certified by the Civil Service Commission. (Sec. 8)
- Appointments are on a probationary basis for 6 months with an evaluation report by the Chief of Police. (Sec. 8)
- General qualifications for appointment include citizenship, good moral conduct, sound mind and body, educational attainment, no criminal record, not dishonorably discharged, age between 23-33 years, minimum height and weight requirements. (Sec. 9)
- Minimum qualifications for appointment as Chief of Police include a bachelor's degree, service in the Armed Forces, NBI, or police department with specified ranks and years of experience. (Sec. 10)
- Preference for appointment shall be given to candidates who have completed police training courses, military training, or honorably discharged from the Armed Forces. (Sec. 11)
VI. Promotions and Civil Service Examinations (Sec. 12-13)
- Promotions shall be made by the local chief executive upon consultation with the Chief of Police from among those who passed the promotional examination by the Civil Service Commission. (Sec. 12)
- The Civil Service Commission shall conduct examinations for all ranks and grades in the police service at least once every two years, and for technical positions in police laboratories. (Sec. 13)
VII. Removal and Suspension of Police Officers (Sec. 14-16)
- Police officers shall not be suspended or removed except upon written complaint filed under oath with the Board of Investigators for misconduct, incompetency, dishonesty, disloyalty, irregularities, or violation of law. (Sec. 14)
- A Board of Investigators composed of the city/municipal treasurer, a representative of the Provincial Commander, and a councilor shall investigate charges against police officers. (Sec. 15)
- The mayor may suspend a police officer for up to 60 days if the charge involves disloyalty, dishonesty, oppression, grave misconduct, serious irregularities, or neglect of duty. (Sec. 16)
- If a police officer is accused of a felony, the mayor shall immediately suspend the accused pending the court's final decision. (Sec. 16)
VIII. Police Ranks, Positions, and Strength (Sec. 18-19)
- The ranks and positions in the city or municipal police force shall remain as they have been in use in the police service. (Sec. 18)
- The minimum number of policemen shall be proportionate to the population, with at least one policeman for every 1,000 inhabitants, and a specified minimum number based on the municipality's classification. (Sec. 19)
IX. Salaries (Sec. 20)
- Minimum salaries of municipal police officers are specified based on the municipality's classification, ranging from ₱2,160 to ₱2,400 per annum for patrolmen. (Sec. 20a)
- Minimum salaries of city police officers are specified based on the city's classification, ranging from ₱2,160 to ₱3,000 per annum for patrolmen. (Sec. 20b)
- Annual salaries of chiefs of police in chartered cities range from ₱7,200 to ₱12,000 based on the city's classification. (Sec. 20c)
- Annual salaries of chiefs of police in municipalities range from ₱2,400 to ₱6,000 based on the municipality's classification. (Sec. 20d)
- The difference in monthly salary between ranks shall not be less than ₱20. (Sec. 20e)
- The National Government shall provide salary subsidies equal to one-half of the total minimum annual salaries for the police force. (Sec. 20g)
X. Death and Disability Benefits (Sec. 21)
- Police officers injured or sick due to duty shall receive full pay, payment of medical expenses, transportation, subsistence, and a lump sum gratuity of ₱100 to ₱2,000.
- If a police officer is killed or dies from duty-related injuries or sickness, the surviving spouse, dependents, or parents/siblings shall receive one year's salary (minimum ₱4,000) and burial expenses (minimum ₱500).
- If a police officer is permanently disabled due to duty-related injuries or sickness, they shall receive a gratuity equivalent to one year's salary (minimum ₱4,000), a lifetime pension of 80% of their last salary, and compulsory retirement.
- Compensation and benefits shall not be subject to attachment, levy, execution, or tax, and shall not affect GSIS benefits. Claims shall not prescribe.
XI. Appropriation and Prohibition (Sec. 22-23)
- ₱20 million is appropriated for underwriting police compensation, benefits, training, and operation of the Police Commission. (Sec. 22)
- Within two months before and one month after any election, it is unlawful for police officers to act as bodyguards or security guards of public officials or candidates without COMELEC authorization. (Sec. 23)
XII. Penal Clause and Repealing/Saving/Separability Clauses (Sec. 24-27)
- Any person who unduly interferes with law enforcement or the Board of Investigators shall be punished with imprisonment of 3 months to 1 year and a fine not exceeding ₱1,000. (Sec. 24)
- Provisions of Republic Act No. 557 and inconsistent executive orders, rules, and regulations are repealed or modified. (Sec. 25)
- Pending administrative cases involving police service and personnel shall be absorbed by the Police Commission within 100 days after publication of the Police Manual. (Sec. 26)
- If any part of this Act is held invalid or unconstitutional, the other parts shall not be affected. (Sec. 27)
I. Creation of Police Commission (Sec. 3)
- A Police Commission under the Office of the President is created, composed of a chairman and two members appointed by the President.
- Qualifications: Member of the Philippine Bar with 10 years of police work experience, or degree in police administration/criminology with 10 years of police work experience.
- The Director of the National Bureau of Investigation and the Chief of the Philippine Constabulary are ex-officio members without voting rights.
II. Powers and Duties of the Police Commission (Sec. 4)
- Advise the President on local police administration matters.
- Examine and audit the performance, activities, and facilities of local police agencies.
- Prepare a police manual with rules and regulations for local police agencies.
- Conduct surveys and compile statistical data on the efficiency of local police agencies.
- Study and recommend legislation defining jurisdiction between NBI, Philippine Constabulary, and local police agencies.
- Recommend placing local police agencies under Philippine Constabulary control after investigation.
- Approve appointments of confidential agents, security agents, special agents, and informers by governors or mayors.
- Submit a study on the feasibility of organizing a national non-military and civilian police agency.
- Organize and develop police training programs and operate police academies.
- Establish a system of Uniform Crime Reports.
- Recommend an annual crime prevention program.
- Recommend the release of funds appropriated for this Act.
- Submit an annual report to the President and Congress on the conditions of local police agencies and peace and order.
- Prescribe minimum standard arms, equipment, uniforms, insignia, awards, and medals for local police agencies.
III. Constitution of City or Municipal Police Force (Sec. 6)
- Each city or municipality shall have a chief of police and policemen determined by the municipal board or council.
- The council shall fix the compensation of police officers and members.
- The city or municipality shall provide necessary police equipment, arms, uniforms, and insignia as per Commission specifications.
- The Chief of Police is the custodian of police equipment and arms not issued to individual policemen.
IV. Duties of Peace Officers (Sec. 7)
- Preserve peace and order, prevent crimes, protect life, liberty, and property, and arrest violators of laws and ordinances within their jurisdiction.
- Exercise general powers to make arrests, searches, and seizures in accordance with law.
- Detain arrested persons only within the prescribed period by law.
V. Appointment of Police Officers (Sec. 8-11)
- Appointments shall be made by the mayor from the list of eligibles certified by the Civil Service Commission. (Sec. 8)
- Appointments are on a probationary basis for 6 months with an evaluation report by the Chief of Police. (Sec. 8)
- General qualifications for appointment include citizenship, good moral conduct, sound mind and body, educational attainment, no criminal record, not dishonorably discharged, age between 23-33 years, minimum height and weight requirements. (Sec. 9)
- Minimum qualifications for appointment as Chief of Police include a bachelor's degree, service in the Armed Forces, NBI, or police department with specified ranks and years of experience. (Sec. 10)
- Preference for appointment shall be given to candidates who have completed police training courses, military training, or honorably discharged from the Armed Forces. (Sec. 11)
VI. Promotions and Civil Service Examinations (Sec. 12-13)
- Promotions shall be made by the local chief executive upon consultation with the Chief of Police from among those who passed the promotional examination by the Civil Service Commission. (Sec. 12)
- The Civil Service Commission shall conduct examinations for all ranks and grades in the police service at least once every two years, and for technical positions in police laboratories. (Sec. 13)
VII. Removal and Suspension of Police Officers (Sec. 14-16)
- Police officers shall not be suspended or removed except upon written complaint filed under oath with the Board of Investigators for misconduct, incompetency, dishonesty, disloyalty, irregularities, or violation of law. (Sec. 14)
- A Board of Investigators composed of the city/municipal treasurer, a representative of the Provincial Commander, and a councilor shall investigate charges against police officers. (Sec. 15)
- The mayor may suspend a police officer for up to 60 days if the charge involves disloyalty, dishonesty, oppression, grave misconduct, serious irregularities, or neglect of duty. (Sec. 16)
- If a police officer is accused of a felony, the mayor shall immediately suspend the accused pending the court's final decision. (Sec. 16)
VIII. Police Ranks, Positions, and Strength (Sec. 18-19)
- The ranks and positions in the city or municipal police force shall remain as they have been in use in the police service. (Sec. 18)
- The minimum number of policemen shall be proportionate to the population, with at least one policeman for every 1,000 inhabitants, and a specified minimum number based on the municipality's classification. (Sec. 19)
IX. Salaries (Sec. 20)
- Minimum salaries of municipal police officers are specified based on the municipality's classification, ranging from ₱2,160 to ₱2,400 per annum for patrolmen. (Sec. 20a)
- Minimum salaries of city police officers are specified based on the city's classification, ranging from ₱2,160 to ₱3,000 per annum for patrolmen. (Sec. 20b)
- Annual salaries of chiefs of police in chartered cities range from ₱7,200 to ₱12,000 based on the city's classification. (Sec. 20c)
- Annual salaries of chiefs of police in municipalities range from ₱2,400 to ₱6,000 based on the municipality's classification. (Sec. 20d)
- The difference in monthly salary between ranks shall not be less than ₱20. (Sec. 20e)
- The National Government shall provide salary subsidies equal to one-half of the total minimum annual salaries for the police force. (Sec. 20g)
X. Death and Disability Benefits (Sec. 21)
- Police officers injured or sick due to duty shall receive full pay, payment of medical expenses, transportation, subsistence, and a lump sum gratuity of ₱100 to ₱2,000.
- If a police officer is killed or dies from duty-related injuries or sickness, the surviving spouse, dependents, or parents/siblings shall receive one year's salary (minimum ₱4,000) and burial expenses (minimum ₱500).
- If a police officer is permanently disabled due to duty-related injuries or sickness, they shall receive a gratuity equivalent to one year's salary (minimum ₱4,000), a lifetime pension of 80% of their last salary, and compulsory retirement.
- Compensation and benefits shall not be subject to attachment, levy, execution, or tax, and shall not affect GSIS benefits. Claims shall not prescribe.
XI. Appropriation and Prohibition (Sec. 22-23)
- ₱20 million is appropriated for underwriting police compensation, benefits, training, and operation of the Police Commission. (Sec. 22)
- Within two months before and one month after any election, it is unlawful for police officers to act as bodyguards or security guards of public officials or candidates without COMELEC authorization. (Sec. 23)
XII. Penal Clause and Repealing/Saving/Separability Clauses (Sec. 24-27)
- Any person who unduly interferes with law enforcement or the Board of Investigators shall be punished with imprisonment of 3 months to 1 year and a fine not exceeding ₱1,000. (Sec. 24)
- Provisions of Republic Act No. 557 and inconsistent executive orders, rules, and regulations are repealed or modified. (Sec. 25)
- Pending administrative cases involving police service and personnel shall be absorbed by the Police Commission within 100 days after publication of the Police Manual. (Sec. 26)
- If any part of this Act is held invalid or unconstitutional, the other parts shall not be affected. (Sec. 27)