P.D. No. 1184 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1184
INTEGRATED NATIONAL POLICE PERSONNEL PROFESSIONALIZATION LAW OF 1977
WHEREAS, Presidential Decree No. 765, dated August 8, 1975, constituted the Integrated National Police with the Philippine Constabulary as nucleus and all city and municipal police and fire departments and jails as components to facilitate the establishment of a cohesively organized and effectively directed police organization;
WHEREAS, in order to accelerate the upgrading and professionalization of the police and fire services and promote career development therein, it is imperative that there be established uniform INP personnel development standards to maintain a superior safety force;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the laws of the land, the following:
Section 1. This Decree shall be known as the "Integrated National Police Personnel Professionalization Law of 1977."
DECLARATION OF PURPOSE
Sec. 2. It is hereby declared to be the policy and purpose of this Decree to establish a comprehensive personnel development program in order to maintain a competent Integrated National Police that is efficient, professional and loyal to the interest of the public.
RANKS AND STRENGTH
Sec. 3. Ranks in the Integrated National Police. For the purpose of efficient administration, uniformity and discipline, the ranks or grades of the members of the Integrated National Police shall be as indicated below:
(a) The ranks of police personnel shall be as follows:
Police Brigadier General
Police Lieutenant Colonel
Patrolman/Patrolwoman First Class
(b) The ranks of the fire service personnel shall be as follows:
Fire Brigadier General
Fire Lieutenant Colonel
Fireman First Class
Sec. 4. Police Strength. The strength of policemen in a city or municipality shall depend on the state of peace and order, population density and general needs of the service: Provided, That the minimum number of policemen in a city or municipality shall be at least one policeman for every one thousand inhabitants.
Sec. 5. Fire Service Personnel Strength. The strength of fire service personnel in a city of municipality shall depend on population density, presence of high-value districts where buildings are larger or taller, density of buildings, location of values, topographical conditions, man-made barriers such as railroad or highway structures, traffic congestion and the number of fire apparatus therein; Provided, That in cities or large municipalities the minimum fireman-to-population ratio shall be one fireman for every two thousand inhabitants; Provided further, That in small cities or municipalities, said ratio shall be as prescribed in the rules and regulations implemental hereof.
Sec. 6. Rank Distribution in the Integrated National Police. The distribution of ranks in the police and fire services, expressed as percentages of the total strength of the Integrated National Police, shall not be more than the percentages as indicated below:
|Percentage of Police/ Fire Strength
|Police/Fire Brigadier General
|Police/Fire Lieutenant Colonel
|Patrolman/Fireman First Class
Corollary to the foregoing percentage distribution, the authorized number of personnel for each rank shall be further governed by the Table of Organization of the Integrated National Police as duly approved by the Secretary of National Defense.
Sec. 7. General qualifications for Appointment. No person shall be appointed as member of the Integrated National Police unless he/she possesses the following qualifications;
(a) Must be a citizen of the Philippines;
(b) Must be a person of good habits and moral conduct;
(c) Must be of sound mind and body;
(d) Must be at least a high school graduate for appointment to the lowest rank; Provided, That personnel to be appointed for assignment to city stations must have finished at least second year college;
(e) Must not have been dishonorably discharged from military service or dismissed for cause from any civilian position in the government;
(f) Must have no criminal record;
(g) Must not be less than twenty one nor more than thirty years of age for appointment to the lowest rank;
(h) Must be at least one meter and 62 centimeters in height; and for policewoman, she must be at least one meter and 57 centimeters in height; and
(i) Must not weigh more or less than five kilograms of the standard weight corresponding to his/her height, age and sex.
When the exigency of the service so requires, the general requirements provided for in sub-paragraphs (g), (h) and (i) of this Section may, upon recommendation of the appointing authority duly supported by an evaluation report of the screening committee on the merit and fitness of the applicant, be waived by the Director General of the Integrated National Police subject to attestation by the National Police Commission taking into consideration any or a combination of such factors as possession of relevant police skills, special qualifications, police/fire training, acquired experiences in police or allied service, geographical location of the police/fire station concerned, being a member of the cultural minority, and other allied factors, provided the applicant meets the other qualifications prescribed herein. Educational qualifications provided for in subparagraph (d) of this Section may, upon recommendation of the appointing authority, duly supported by an evaluation report of the screening committee, be waived by the National Police Commission en banc, in consideration of highly exceptional accomplishment or deed of conspicuous gallantry in the interest of peace and order.
No appointment shall be issued in favor of one who does not meet the requirements for appointment prescribed in the first paragraph of this Section, unless and until the required waiver is secured. However, the procedure for granting waivers in embattled areas as provided for in Presidential Decree no. 1162 shall continue to be in effect.
Sec. 8. Special Educational Qualifications for Certain Ranks. No person shall be appointed or any member of the Integrated National Police promoted to the rank of Police/Fire Sergeant unless he has completed two years college or seventy-three college units, academic and non-academic; for appointment or promotion to the ranks of Police/Fire Lieutenant and up to Police/Fire Colonel, he must be a holder of a bachelor's degree; Provided, that the attainment of a period of satisfactory work experience and the completion of an appropriate training duly prescribed by the Director General shall be deemed equivalent to the above-mentioned special qualifications for purposes of promotion.
Sec. 9. Special Qualifications for the Rank of Police Brigadier General. No member of the Integrated National Police shall be promoted to the rank of Police Brigadier General unless he has the following qualifications:
(a) Must be at least forty years of age;
(b) Must be either a member of the Philippine Bar, or chartered city chief of police eligible, or has completed a graduate study in public or police administration or a holder of a Bachelor of Science in Criminology or any bachelor's degree, provided that in the last case, he has satisfactorily completed an advanced course in law-enforcement or any equivalent course in a foreign police school or allied courses, duly recognized by the Philippine Constabulary, National Police Commission or the National Bureau of Investigation;
(c) Must have at least ten years experience in executive, command or staff position in the police or constabulary service; and
(d) Must have served satisfactorily in the rank of Police Colonel for at least one year in a permanent status.
Section 10. Special Qualifications for the Rank of Fire Brigadier General. No member of the Integrated National Police shall be promoted to the rank of Fire Brigadier General unless he has the following qualifications;
(a) Must be at least forty years of age;
(b) Must be a holder of a bachelor's degree in any engineering science related to hydraulics, chemistry, structures, electricity, machines, and the like, or a holder of civil service eligibility for the chief of the fire department of chartered city and has satisfactorily completed an advanced course, or its equivalent, in fire prevention and suppression in a local or foreign school duly recognized by the Integrated National Police or National Police Commission;
(c) Must have at least ten years experience in executive, command or staff position in the fire service; and
(d) Must have served satisfactorily in the rank of Fire Colonel for at least one year in a permanent status.
Section 11. Special Qualifications for Personnel to be Assigned as Fire Inspectors. In addition to the qualifications prescribed in the preceding sections corresponding to the ranks of the Integrated National Police, no person shall be appointed for assignment as fire inspector unless he possesses any of the following college degrees or courses for the functions as indicated;
(a) Bachelor of Science in Electrical Engineering, for the inspection of electrical installations and appliances; or
(b) Bachelor of Science in Mechanical Engineering, for the inspection of mechanical installations and equipment the operation of which may involve fire hazards; or
(c) Bachelor of Science in Chemistry or Chemical Engineering, for the inspection of the storage and use of substances and materials that are flammable or potentially fire hazards; or
(d) Bachelor of Science in Civil Engineering or Architecture, for the inspection of buildings and other structures which require fire protection and life safety features and devices; or
(e) Appropriate technical courses closely related to fire technology, or fire protection and safety; Provided, That fire inspectors who are already in the service prior to the effectivity of this Decree, but without the aforementioned qualifications may be allowed to continue in their present positions after undergoing special training in the above-stated fields as prescribed by the Director General.
RECRUITMENT, SELECTION AND APPOINTMENT
Section 12. Recruitment and Selection. The Director General shall establishes a screening committee in each provincial or district and regional headquarters that shall be responsible for the widest dissemination of vacancies in the area and to determine the merit under the qualification standards established herein, the panel interview, the physical-medical examination, the appropriate police service written examination, and the psychological and/or neuropsychiatric test. No appointment shall be made without the recommendation of the screening committee.
Section 13. Lateral Entry into the Service. In general, all original appointments into the Integrated National Police as members thereof shall commence at the lowest rank as provided in Sec. 3 hereof, except only the following whose lateral entry into the service shall be permitted, to wit;
(a) Persons who possess special educational qualifications as college graduates in certain technical fields needed by the services such as, but not limited to, engineers like those referred to in Section 11 hereof, doctors, nurses, lawyers, penologists, and forensic scientists for the crime laboratory;
(b) Those former Chiefs and Deputy Chiefs of Police, and personnel of the custodial service and the fire service whose positions or ranks have been reclassified or are pending reclassification to appropriate ranks commensurate to their positions by virtue of the integration program and under Section 1 of Presidential Decree No. 855, as amended; and
(c) Graduates of the Philippine National Police Academy to be hereafter established.
Section 14. Appointing Authorities. The members of the Integrated National Police shall be appointed as indicated below:
(a) Members of the integrated police from the rank of Patrolman to Police Sergeant and from Fireman to Fire Sergeant. To be appointed by the Zone/Regional Directors as recommended by the Police Superintendents;
(b) Officers from the ranks of Police Lieutenant to Police Colonel and from Fire Lieutenant to Fire Colonel. To be appointed by the Director General as recommended by the Zone/Regional Directors; and
(c) Officers for the ranks of Police Brigadier General and Fire Brigadier General shall be appointed by the President as recommended by the Director General thru the Secretary of National Defense.
Recommendations for original appointments in sub-paragraphs a and b above may be initiated by the city or municipal mayor who shall forward the same thru channels.
Section 15. Appointment Status. Appointment of members in the Integrated National Police shall be temporary and permanent.
(a) Temporary Appointment. In the absence of appropriate eligibles and when the exigency of the service so requires to fill a vacancy, a temporary appointment shall be issued to a person who meets all the requirements of the rank/position to which he is being appointed except the appropriate police service eligibility: Provided, That such temporary appointment shall not exceed twelve months, but the appointee may be replaced at any time if a qualified eligible becomes available.
(b) Permanent Appointment. A permanent appointment shall be issued to a person who meets all the requirements for the rank/position to which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and regulations promulgated in pursuance thereof; Provided, That he shall serve a probationary period of at least one year; however, he may be dropped from the service for unsatisfactory conduct or performance any time before the expiration of such probationary period under such procedure as the Director General may prescribe subject to the approval of the Secretary of National Defense.
Section 16. Appointment of Policewoman. Women may be appointed into the police service for assignment in youth aid or juvenile control units, in the custodial service as jail matrons, in training and administrative duties, and in certain police operations where the activities of policewoman are necessary or are more effective like the handling, investigation, search and arrest of female or youth offenders.
The total number of the female members of the Integrated National Police nationwide, or in each command or unit shall not exceed five per centum of the total strength of the force.
Section 17. Attestation by the National Police Commission. All appointments, including promotions, of the officers and members of the Integrated National Police, as referred to in sub-paragraphs a and b of Section 14 hereof shall be forwarded to the National Police Commission for attestation, which shall disapprove within ninety days after submission to it, those where the appointees do not possess the corresponding qualifications and/or eligibility: Provided, That such appointments shall become immediately effective upon the assumption of duties of the appointees, entitling them to receive all the corresponding salaries and benefits, until notice of the final decision disapproval if this should take place.
Section 18. Training Program. To develop and maintain a high level of personnel performance, the Integrated National Police shall provide recruit or basic training which shall be required of all new appointees under original appointment; unit or specialized training to prepare the members thereof for line and staff assignments; supervisory or command officers' training for intellectual and temperamental preparation to fulfill supervisory responsibilities; and management training for top administrative personnel of the force; and such other courses to enhance the efficiency, competency and the demands of technology for the members thereof.
One per centum of the total number of personnel of the Integrated National Police in any fiscal year may be detailed at government expense as students at technical, professional, and other educational institutions, or as students, observers, or investigators at industrial plants, hospitals, public safety installations or facilities, and other places, as shall be best suited to enable such personnel to acquire a knowledge of or experience in the specialties needed by the service, under such rules and regulations prescribed in accordance herewith.
Section 19. Philippine National Police Academy. There shall be established in the Integrated National Police, a police and fire and fire service training institution to be known as the Philippine National Police Academy, for the training and education of the members of the Integrated National Police.
The Philippine National Police Academy shall be organized within two years from the effectivity of this Decree to allow for planning and programming of resources, and shall be administered by the Director General, Integrated National Police, under the general supervision and control of the Secretary of National Defense.
The Philippine National Police Academy shall develop and conduct comprehensive training programs, under such standards, rules and regulations as prescribed by the Secretary of National Defense, with the view of Professionalizing the personnel in every of command of the Integrated National Police.
Sec. 20. Legal Requirements for Eligibility for Promotion. A member Integrated National Police shall not be eligible for promotion to a higher position unless such member has successfully passed the corresponding promotional examination given by the National Police Commission or has successfully passed the bar examination or has satisfactorily completed an appropriate and accredited course from the Philippine National Police Academy established under this Decree.
Whenever a vacancy occurs in the force, the member next-in-rank who is competent and qualified to hold the position and who possesses an appropriate police/fire service eligibility shall be promoted thereto: Provided, That should there be two or more members with the same merits and qualifications, seniority in the police/fire service shall be given preference and provided that should there be any reason or reasons why should members should not be promoted, such special reason or reasons shall be stated in writing by the promoting authority and the member concerned shall be informed thereof and be given an opportunity to be heard by the appointing authority. If the vacancy is not filled by promotion as provided herein, the same shall be filled by transfer from other commands or units of the Integrated National Police.
Sec. 21. Promotion Authority. Promotions shall be made by the appointing authorities referred to in Section 14 hereof, upon recommendation of subordinate commanders from among those who meet the requirements for promotion. Promotion shall be made only when the prospective promotee is occupying a permanent rank or grade at the time of the promotion to the next rank.
Sec. 22. Promotion Board. The Director General of the Integrated National Police shall create promotion boards which shall assist the promotion authorities in selecting the best qualified members for promotion.
Sec. 23. Special Promotion. Special promotion may be extended to any member of the Integrated National Police for acts of conspicuous courage and gallantry at the risk of his life over and beyond the call of duty. Recommendation for special promotion shall be referred to the promotion board concerned for evaluation after which the same shall be elevated to the Director General for approval, subject to attestation by the National Police Commission.
PERFORMANCE, MORALE AND DISCIPLINE
Sec. 24. Performance Rating System. There shall be established a performance evaluation system, which shall be administered in accordance with the rules, regulations, and standards promulgated for all members of the Integrated National Police. Such performance evaluation system shall be administered as to continually foster the improvement of individual efficiency and organizational effectiveness.
Sec. 25. Complaints and Grievances. Members shall have the right to present complains and grievances to their superiors or commanders and have them adjudicated as expeditiously as possible in the best interest of the service, the government as a whole, and the member concerned. Such complaints or grievances shall be resolved at the lowest possible level in the command and the member shall have the right to appeal such decision to higher authorities.
Sec. 26. Incentives and Awards. There shall be established an incentive and awards system which shall be administered under such rules, regulations, and standards as may be promulgated by the Director General of the Integrated National Police.
In accordance with such rules, regulations and standards so promulgated, the Director General is authorized to incur whatever necessary expenses involved in the honorary recognition of subordinate officers and members, who, by their superior accomplishments, acts of conspicuous courage and gallantry, and other personal efforts contribute to the efficiency, economy, or other improvements of government operations, or who perform such other extraordinary acts or services in the public interest in connection with or in relation to their official duties.
Sec. 27. Health and Welfare. It shall be the concern of the Integrated National Police to provide leadership and assistance in developing health and welfare programs for its personnel.
The Director General shall take all proper steps toward the creation of an atmosphere conducive to good supervisor-subordinate relations and the improvement of personnel morale.
Sec. 28. Discipline. The promotion of discipline in the organization to enhance efficiency and devotion to public service shall be a command responsibility. In this respect, the disciplinary system as provided for in Presidential Decree No. 971 and its implementing rules and regulations shall be strictly and judiciously implemented.
Sec. 29. Authorized Salary Rates. The monthly salary structure for police and fire service personnel of the Integrated National Police shall be graduated in six scales or steps within a salary range for each rank, except for the rank of Police Brigadier General or Fire Brigadier General as hereunder indicated:
|SALARY SCALES IN PESOS
|Police/Fire Lieutenant Colonel
|Patrolman/Fireman First Class
The monthly salary of a Police Brigadier General or Fire Brigadier General shall be two thousand five hundred pesos.
Sec. 30. Adjustment of Salary. The adjustment of the salary of any member of the Integrated National Police in accordance with the preceding section shall be governed by the provisions of Presidential Decree No. 855 as amended by Presidential Decree No. 973 with additional proviso that: When the salary of a member prior to the effectivity of Presidential Decree No. 973 is between two salary steps, his salary shall be adjusted to the salary step prescribed for his rank higher than such salary.
Sec. 31. Subsistence Allowance. In addition to allowances already authorized by existing laws, rules and regulations, each member of the Integrated National Police shall be entitled to a subsistence allowance at rates to be prescribed by the Secretary of National Defense: Provided, That the cost-of-living allowance shall be discounted and the same shall form part of the subsistence allowance.
Sec. 32. Applicability of Commonwealth Act Numbered One Hundred and Eighty Six, as Amended. Commonwealth Act Numbered One Hundred and Eighty Six and the amendments thereto, except as modified by the following sections, shall continue to apply to the members of the Integrated National Police, and the retirement system of the latter shall remain under the administration of the Government Service Insurance System.
Sec. 33. Compulsory Retirement.
(a) Retirement from the service of police, including jail custodial, and fire personnel of the Integrated National Police shall be automatic and compulsory upon reaching the age of sixty years, for those in the ranks of Police/Fire Lieutenant and higher, and, upon reaching the age of fifty-five years, for those in the ranks of Patrolman/Fireman and up to Police/Fire Sergeant, unless the continuance in the service of a member of the Integrated National Police is required for the public good and interest, as recommended by the Director General of the Integrated National Police through the Secretary of National Defense and approved by the President of the Philippines.
(b) In order to enable the Integrated National Police to make timely and appropriate adjustments, the compulsory retirement as prescribed above, shall be implemented gradually thru a transition period such that beginning January 1, 1978 the compulsory retirement age for Police/Fire Lieutenant and higher ranks shall be sixty-four years and for Patrolman/Fireman and up to Police/Fire Sergeant, shall be sixty years; and every year thereafter, these compulsory retirement ages, shall, for each group of ranks above mentioned, be reduced by one year effective every first day of January until the compulsory retirement ages as fixed in the preceding sub-paragraph of this Section are reached.
Sec. 34. Optional Retirement. Regardless of his age, a member of the Integrated National Police may be allowed to retire at his request if he has rendered at least twenty years of satisfactory service, unless prior to the effectivity of this law, he was already eligible for optional retirement, with respect to age and/or service requirements, under Commonwealth Act Numbered One Hundred and Eighty Six and the amendments thereto, in which case he has the option to retire thereunder.
Sec. 35. Retirement Benefits. The retirement benefits of the personnel of the Integrated National Police who retire under this Article, whether optionally or compulsory, shall be the same as the corresponding retirement benefits that a retiree is entitled to receive under Commonwealth Act Numbered One Hundred and Eighty-Six and its amendments, notwithstanding the age for compulsory retirement thereunder.
Sec. 36. Computation of Service for calculating the retirement benefits due and for purposes of determining eligibility for retirement shall be as prescribed by Commonwealth Act Numbered One Hundred and Eighty-Six, as amended: Provided, That if a prospective compulsory retiree is lacking in the length of service requirement under this law, he shall have the right to continue beyond the age of sixty or fifty-five years as the case may be, to fulfill such requirement.
Sec. 37. Appropriations for Retirement Benefits. There shall be included in the yearly appropriation of the Integrated National Police, such necessary amounts, as may be determined in consultation with the Government Service Insurance System and to be remitted to it, to cover the pension payments to compulsory retirees between the ages of fifty-five and sixty years.
Sec. 38. Studies to Upgrade the Retirement System. The Director General of the Integrated National Police shall undertake further studies to upgrade the retirement system of the Integrated National Police, not only to make the same more viable and more responsive to the needs and security of the members thereof, but also to meet the peculiar requirements of a dedicated law enforcement and public safety service.
Sec. 39. Rules and Regulations. The Director General of the Integrated National Police, in close coordination with the General Manager of the Government Service Insurance System, shall promulgate the necessary rules and regulations for the effective implementation of the provisions of this Article, subject to the approval of the Secretary of National Defense.
DISABILITY AND DEATH BENEFITS
Sec. 40. Temporary Disability Benefits. Notwithstanding any provision of existing laws, rules and regulations to the contrary, when a member of the Integrated National Police is injured while in the performance of duty or contracts sickness or disease arising out of the performance of duty, absence during any period of such disability thereby occasioned, shall be on full pay and he shall be entitled to payment of reasonable medicines, medical attendance, hospital fees, necessary transportation and subsistence. Absence in the cases enumerated above shall not be charged against vacation or sick leave. He shall, in addition, be entitled to a lump sum gratuity of one hundred to two thousand pesos depending upon the merits of the case. Claims under this section shall be paid and adjudicated by the Integrated National Police.
Sec. 41. Death and Permanent Total Disability Benefits. If a member of the Integrated National Police killed or dies from injuries suffered or sickness contracted in the line of duty, the surviving spouse or if there be none, the surviving dependent legitimate children, shall be entitled, in addition to the benefits provided for under the preceding section of this Article, to a gratuity equivalent to one year's salary which shall in no case be less than six thousand pesos, burial expenses equivalent to three month's salary, which in no case be less than one thousand pesos, and to a pension equivalent to eighty per cent of the salary of the deceased: Provided, That in no case shall the monthly pension exceed five years; Provided, further, That if the deceased employee has no primary beneficiary, the non-dependent legitimate children, together with illegitimate children, if any, or if there be none, the surviving parents, or in their absence, the surviving brothers and sisters shall be entitled to a lump sum benefit equivalent to one year's salary and burial expenses equivalent to three month's salary of the deceased, which shall be in no case be less than six thousand pesos and one thousand pesos, respectively. Dependent legitimate children shall include the legitimate, legitimated, or legally adopted child who is not gainfully employed and not over twenty-years of age, or over twenty-one years of age provided that such child is congenitally incapacitated and incapable of self-support physically or mentally.
If such member of the Integrated National Police is permanently and totally disabled as a result of injuries suffered or sickness contracted or aggravated in line of duty, the Director General of the Integrated National Police shall cause the compulsory retirement of such member of employee upon certification of the appropriate medical officer that the extent of the disability or sickness renders such member unfit or unable to further perform the duties of his position, in which case he shall be entitled to a gratuity equivalent to one year's salary which shall in no case be less than six thousand pesos and to a lifetime pension equivalent to eighty per cent of his last salary.
Should such member or employee who has been retired under permanent total disability under this Section die within five years from his retirement, his surviving spouse or if there be none his surviving dependent legitimate children shall be entitled to the pension for the remainder of the five-year guaranteed period.
A claim for death or permanent total disability benefits of a member of the Integrated National Police shall be filed with the Hearing Officer/Board of Investigators of the province or city where such member is stationed. The Hearing Officer/Board of Investigators shall conduct the appropriate investigation on the claim and shall forward the corresponding report and recommendation to the National Police Commission for adjudication and payment.
The benefits provided for under Presidential Decree No. 577, dated November 11, 1974 in favor of dependents of certain military personnel shall likewise be extended to the dependents of the members of the Integrated National Police who shall die in the performance of duty after the promulgation of this Decree.
Sec. 42. Exemption from Attachment and Taxes. All compensation herein granted shall not be subject to attachment, levy, execution or any tax whatsoever, nor affect benefits received or to be received from the Government Service Insurance System. Claims under this Article shall not prescribe.
STATUS OF MISSING PERSONNEL
Sec. 43. Members of the Integrated National Police Missing in Action. Any member of the Integrated National Police in the performance of duty who is officially reported missing in action, kidnapped or captured by lawless elements on or after August 8, 1975, shall, while so absent be entitled to receive or to have credited to his account the same pay and allowances to which such member was entitled at the time of the beginning of his absence or may become entitled thereafter: Provided, That such member shall not have been absent from duty without authority: Provided, furthermore, That the expiration of a temporary appointment during the period of such absence shall not operate to terminate the right to receive such salary and allowances: Provided, furthermore, That should the Director General, upon recommendation of the proper direct and/or intermediate commanders, subsequently determine that the member concerned has been absent from duty without authority, such member or his/her estate shall reimburse the Integrated National Police all such amounts and allowances received by him in accordance with this Section.
Sec. 44. Payment of Portion of Salary and Allowances to Heirs of Members. In case any member of the Integrated National Police is entitled to such salary and allowances provided in Presidential Decree No. 855, as amended, the Director General may direct that so much of the absent member's salary and allowances necessary for the reasonable support of his heirs or dependents and/or payments of insurance premiums, be paid by the Integrated National Police for a period of twelve months from the date of commencement of absence.
Sec. 45. Finding of Death or Continuation of Payment of Salary and allowances. When the twelve months period from the commencement of absence is about to expire and no official report of death has been received by the Director General of the Integrated National Police, he is authorized to direct the continuance, suspension of resumption of the missing status of such member and/or the payment of his salary and allowances, if said member may be reasonably presumed to be living, or to make a finding of death. In the event a continuance of the missing member's status is directed, he shall also order the review of the case whenever warranted by information received or other circumstances. When a finding of death is made, it shall include the date upon which death shall be presumed to have occurred for the purpose of termination of crediting salary and allowances, settlement of accounts, and payment of benefits which such member may be entitled to under existing laws, decrees and rules and regulations. Such date shall be the day following the date of expiration of an absence of twelve months, or in case of which the mission status shall have been continued or authorized herein, a day to be determined by the Director General of the Integrated National Police.
Sec. 46. Conclusiveness of Decision of Director General. Within the scope of the authority herein granted, the determination by the Director General of the Integrated National Police of the status of a member of the Integrated National Police or of the fact of dependency under this Article, or his directive relative to continuance, suspension or resumption of payment of salary and allowances of finding of death, shall be conclusive.
Sec. 47. Power to Administer Oaths. Officers of the Integrated National Police from the rank of police/fire lieutenant and above shall have the power to administer oath in matters directly connected with the performance of their official duties.
Sec. 48. Rules and Regulations. The Director General of the Integrated National Police may, subject to the approval of the Secretary of National Defense, promulgate the necessary rules and regulations for the effective implementation of this Decree.
Sec. 49. Repealing Clause. This provisions of Republic Act No. 4864, otherwise known as the Police Act of 1966, as amended; the provisions of all City Charters; the provisions of the Revised Administrative Code; the provisions of Presidential Decree No. 807, otherwise known as the Civil Service Law of 1975, the provisions of Presidential Decree No. 855 as amended, the provisions of Commonwealth Act No. 186, as amended, and all other provisions of decrees, laws, rules and regulations which are inconsistent with this Decree as far as the Integrated National Police or members thereof are concerned are hereby repealed or modified accordingly.
Sec. 50. Saving Clause. The Philippine Constabulary components of the Integrated National Police shall continue to be governed by Armed Forces of the Philippines laws, rules and regulations, particularly on personnel matters, and this Decree shall be suppletory thereto.
Sec. 51. Separability of Provisions. If any part, section or provision, of this Decree shall be held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby.
Sec. 52. Effectivity. This Decree takes effect upon approval.
Done in the City of Manila, this 26th day of August, in the year of Our Lord, nineteen hundred and seventy seven.