P.D. No. 765 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 765 August 8, 1975
PROVIDING FOR THE CONSTITUTION OF THE INTEGRATED NATIONAL POLICE AND FOR OTHER PURPOSES
WHEREAS, Presidential Decree Nos. 421, 482, 531, 585 and 641 have provided for the integration of municipal/city police and fire departments and jails into law-enforcement units known as the Metropolitan Police Force in Greater Manila Area and provincial integrated police forces in the provinces, in order that they may be cohesively organized, better coordinated and effectively directed;
WHEREAS, these integrated police forces have been placed under the operational control of the Philippine Constabulary, and the administrative control over them shall also be vested in the latter after a transition period as provided for in the aforementioned Decrees;
WHEREAS, the Philippine Constabulary is the existing and organized national police force of the country pursuant to Commonwealth Act No. 343 dated June 23, 1938 and Executive Order No. 389 dated December 23, 1950; and the Philippine Constabulary has integrated the said police forces into its operational and organizational setup in consonance with the abovecited Decrees;
WHEREAS, Section 12, Article XV of the Constitution provides that the state shall establish and maintain an integrated national police force whose organization, administration and operation shall be provided by law;
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. Constitution of the Integrated National Police. There is hereby established and constituted the Integrated National Police which shall be composed of the Philippine Constabulary as the nucleaus, and the integrated police forces as established by Presidential Decrees Nos. 421, 482, 531, 585 and 641, as components, under the Department of National Defense.
Sec. 2. Jurisdiction of the Integrated National Police. The Integrated National Police shall be responsible for public safety, protection of lives and properties, enforcement of laws and maintenance of peace and order within the territorial limits of the Philippines. It shall have the power to prevent crimes, effect and arrest of criminal offenders and provide for their detention and rehabilitation, take necessary measures to prevent and control fires, investigate the commission of all crimes and offenses and bring the offenders to justice, and take all necessary steps to insure public safety.
Sec. 3. Head of the Integrated National Police. The Head of the Integrated National Police, to be known as Director-General, shall be the Chief of Constabulary, and as such, he shall have command of all elements thereof. He may issue from time to time such detailed instructions regarding personnel, funds, records, property, correspondence, and such other matters as may be necessary to carry out the provisions of this Decree. In the performance of his functions as Director-General, the Chief of Constabulary shall be assisted by the Deputy Chiefs of Constabulary, the general staff and the special, administrative and technical staffs of the Philippine Constabulary.
Sec. 4. Organization of the Integrated National Police. The Chief of Constabulary shall prescribe, subject to the approval of the Secretary of National Defense, the table of the organization and equipment, ranks and/or position titles, functions, duties and powers of the various staffs, services, installations and other units of the Integrated National Police; Provided, That the different headquarters of the Philippine Constabulary in the national, zone/regional and provincial levels shall be the nuclei of the corresponding headquarters of the Integrated National Police; Provided, further, That the appropriate offices in the different headquarters, levels may be jointly staffed by the Constabulary, police, jail and fire service officers and personnel so that an integrated police and public safety services would be effectively discharged.
Sec. 5. The Philippine Constabulary as a Major Service of the Armed Forces of the Philippines. The Philippine Constabulary as presently organized and constituted shall remain and continue to be a major service of the Armed Forces of the Philippines in addition to its current law-enforcement functions as the principal component of the Integrated National Police.
Sec. 6. Status of the Regular Members of the Integrated National Police. The regular members of the Integrated National Police shall be employees of the National Government; Provided, That the policemen, jail guards and firemen of the Integrated National Police shall be exempt from the operation of the Wage and Position Classification Office and its rules and regulations under Sec. 9 of Republic Act No. 2260, otherwise known as the Civil Service Act of 1959, as amended: Provided, however, That they shall be included in the career service category of the Civil Service.
Sec. 7. Authority of the President of the Philippines over the Integrated National Police. In the exercise of its power to maintain peace, law, order and public safety, the Integrated National Police shall be subject to the command and general supervision of the President of the Philippines and shall function directly under the Department of National Defense.
Sec. 8. Transfer of the National Police Commission to the Department of National Defense. The National Police Commission, whose officials and personnel shall be exempt for the operation of the wage and position classification laws and regulations, is hereby transferred to the Department of National Defense, whose Secretary shall concurrently act as Chairman thereof; Provided, That such transfer shall not involve any diminution in the present salary of the officials and personnel of the Commission, except for cause as provided by law.
Sec. 9. Transfer of Administrative Supervision and Control. The power of administrative supervision and control by the city and municipal governments over their respective local police forces, jails and fire departments as defined under existing laws and charters, notwithstanding the transition periods provided in the abovementioned Decrees on integration, shall be transferred to, and exercised by the Chief of Constabulary as Director-General of the Integrated National Police; Provided, That the powers and functions of the National Police Commission in the training of policemen, the establishment of the integrated police communication system, the grant of police salary, subsidy, and the adjudication and grant of compensation for temporary disability benefits, shall be transferred to the Integrated National Police, including all appropriate personnel and staff, records and equipment and other resources appertaining thereto; Provided, however, That all the powers and functions presently vested in and exercised by the National Police Commission which are not otherwise transferred to the Integrated National Police by this Decree shall remain with and continue to be exercised by the National Police Commission; Provided, further, That the present powers and functions of the National Police Commission relating to the attestation of appointments, examination, investigation, adjudication and review of police administrative disciplinary cases, adjudication and grant of compensation for permanent disability and death benefits, staff inspection and audit, shall extend to the firemen and jail guards; Provided, finally, That all the present powers and functions of the National Police Commission over local police agencies shall extend to the police, fire and jail components of the Integrated Police, unless otherwise provided herein.
Section 10. Jurisdiction of the Hearing Officers, Adjudication Boards, and Special Appellate Committee of the National Police Commission. The jurisdiction of the Hearing Officers of the National Police Commission to investigate administrative complaints against members of the police force and their claims for permanent disability and death benefits, the jurisdiction of the Adjudication Boards to decide such cases and that of the Special Appellate Committee of the Commission to review decisions and dismissals rendered by the Boards, shall likewise embrace firemen and jail guards.
Section 11. Power to issue Subpoena/Subpoena Duces Tecum. The Chief of Constabulary or the subordinate official he may authorize, shall have the power to issue subpoena and subpoena duces tecum in connection with the investigation of cases cognizable by the Integrated National Police.
Section 12. Chief of Constabulary to Promulgate Rules and Regulations. The Chief of Constabulary shall, with the approval of the Secretary of National Defense, promulgate the necessary rules and regulations for the effective implementation of this Decree.
Section 13. Penal Provision. Any person who obstructs or interferes with the implementation of this Decree or of the rules and regulations promulgated by the Chief of Constabulary in accordance herewith directly or indirectly, upon conviction, shall suffer 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 at the discretion of the court.
When the offender is a public officer or employee, he may, in addition be disqualified from holding public office or employment for life.
Section 14. Provisions of Earlier Decrees on Integration Applicable. All provisions of Presidential Decrees Nos. 421, 482, 531, 585, 632, and 641, unless inconsistent herewith, are applicable to the Integrated National Police.
Section 15. Repealing Clause. The provisions of Republic Act No. 4864, otherwise known as the Police Act of 1966, as amended by Presidential Decrees No. 1, dated September 22, 1972; No. 12, dated October 3, 1972; No. 12-A dated October 4, 1972; No. 12-B, dated October 28, 1972; No. 170 dated April 4, 1973; No. 421, dated March 21, 1974; No. 448, dated May 9, 1974; No. 482, dated June 13, 1974; No. 531, dated August 8, 1974; No. 580, dated November 13, 1974; No. 585, dated November 18, 1974; No. 641, dated January 21, 1975; the provisions of the charters of all cities; and the pertinent provisions of the Revised Administrative Code, as amended, as well as all other provisions of existing laws, executive orders, rules and regulations which are inconsistent herewith are hereby repealed or modified accordingly.
Section 16. Transitory Clause. Prior to the promulgation of the rules and regulations implementing Sec. 9 hereof by the Chief of Constabulary as approved by the Secretary of National Defense, the city and municipal governments shall continue to provide the usual funds and logistical support under existing laws to their respective city and municipal police forces, jails and fire departments, including the payment of salaries, allowances and benefits to personnel; and likewise, the National Police Commission shall continue to grant salary subsidies under existing laws during the interregnum.
Section 17. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-five.