Providing For The Constitution Of The Integrated National Police And For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 765

Establishment of the Integrated National Police (Section 1):
- The Integrated National Police is established, composed of the Philippine Constabulary as the nucleus and the integrated police forces as components.
- It is under the Department of National Defense.

Jurisdiction and Powers (Section 2):
- Responsible for public safety, protection of lives and properties, law enforcement, and maintenance of peace and order within the Philippines.
- Powers include crime prevention, arrest of offenders, detention and rehabilitation, fire prevention and control, crime investigation, and ensuring public safety.

Head of the Integrated National Police (Section 3):
- The Chief of Constabulary is the Director-General and head of the Integrated National Police.
- Assisted by Deputy Chiefs of Constabulary, general staff, and special, administrative, and technical staffs.

Organization (Section 4):
- The Chief of Constabulary prescribes the organization, ranks, functions, duties, and powers, subject to the Secretary of National Defense's approval.
- Different headquarters of the Philippine Constabulary serve as the nuclei of the corresponding Integrated National Police headquarters.
- Offices may be jointly staffed by Constabulary, police, jail, and fire service officers and personnel.

Philippine Constabulary as a Major Service (Section 5):
- The Philippine Constabulary remains a major service of the Armed Forces of the Philippines, in addition to its law enforcement functions.

Status of Regular Members (Section 6):
- Regular members are employees of the National Government.
- Policemen, jail guards, and firemen are exempt from the Wage and Position Classification Office and its rules and regulations.
- They are included in the career service category of the Civil Service.

Authority of the President (Section 7):
- The Integrated National Police is subject to the command and general supervision of the President of the Philippines.
- It functions directly under the Department of National Defense.

Transfer of the National Police Commission (Section 8):
- The National Police Commission is transferred to the Department of National Defense.
- The Secretary of National Defense concurrently acts as the Chairman.
- Officials and personnel are exempt from wage and position classification laws and regulations.

Transfer of Administrative Supervision and Control (Section 9):
- Administrative supervision and control over local police forces, jails, and fire departments are transferred from city and municipal governments to the Chief of Constabulary as Director-General.
- Certain powers and functions of the National Police Commission are transferred to the Integrated National Police, including training, communication system, salary subsidy, and adjudication of temporary disability benefits.
- Other powers and functions of the National Police Commission remain, including attestation of appointments, examination, investigation, adjudication of disciplinary cases, adjudication of permanent disability and death benefits, staff inspection, and audit.
- The National Police Commission's powers and functions over local police agencies extend to the police, fire, and jail components of the Integrated Police.

Jurisdiction of Hearing Officers, Adjudication Boards, and Special Appellate Committee (Section 10):
- The jurisdiction of Hearing Officers, Adjudication Boards, and the Special Appellate Committee of the National Police Commission extends to firemen and jail guards.

Power to Issue Subpoena/Subpoena Duces Tecum (Section 11):
- The Chief of Constabulary or authorized subordinate official has the power to issue subpoenas and subpoenas duces tecum in connection with investigations.

Promulgation of Rules and Regulations (Section 12):
- The Chief of Constabulary, with the approval of the Secretary of National Defense, promulgates the necessary rules and regulations for the effective implementation of the Decree.

Penal Provision (Section 13):
- Any person who obstructs or interferes with the implementation of the Decree or rules and regulations is subject to imprisonment of not less than three years nor more than six years and/or a fine of not less than five thousand pesos, but not more than ten thousand pesos.
- If the offender is a public officer or employee, they may be disqualified from holding public office or employment for life.

Applicability of Earlier Decrees (Section 14):
- Provisions of Presidential Decrees Nos. 421, 482, 531, 585, 632, and 641, unless inconsistent with this Decree, are applicable to the Integrated National Police.

Repealing Clause (Section 15):
- Provisions of Republic Act No. 4864 (Police Act of 1966), Presidential Decrees, city charters, and pertinent provisions of the Revised Administrative Code that are inconsistent with this Decree are repealed or modified accordingly.

Transitory Clause (Section 16):
- Prior to the promulgation of implementing rules and regulations, city and municipal governments continue to provide funds, logistical support, and payment of salaries, allowances, and benefits to their respective police forces, jails, and fire departments.
- The National Police Commission continues to grant salary subsidies under existing laws during the interim period.

Effectivity (Section 17):
- The Decree takes effect upon approval.