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INTERGOVERNMENTAL RELATIONS NATIONAL GOVERNMENT AND pollution, climatic change, depletion of non-renewable resources, loss of crop

LOCAL GOVERNMENT UNITS land, rangeland, or forest cover, and extinction of animal or plant species, to
consult with the local government units, nongovernmental organizations, and
CHAPTER III other sectors concerned and explain the goals and objectives of the project
Intergovernmental Relations or program, its impact upon the people and the community in terms of
environmental or ecological balance, and the measures that will be
undertaken to prevent or minimize the adverse effects thereof.
ARTICLE I
National Government and Local Government Units
Section 27. Prior Consultations Required. - No project or program shall be
implemented by government authorities unless the consultations mentioned
Section 25. National Supervision over Local Government Units. - in Sections 2 (c) and 26 hereof are complied with, and prior approval of the
sanggunian concerned is obtained: Provided, That occupants in areas where
(a) Consistent with the basic policy on local autonomy, the President such projects are to be implemented shall not be evicted unless appropriate
shall exercise general supervision over local government units to relocation sites have been provided, in accordance with the provisions of the
ensure that their acts are within the scope of their prescribed powers Constitution.
and functions.
ARTICLE X
The President shall exercise supervisory authority directly over LOCAL GOVERNMENT
provinces, highly urbanized cities, and independent component
cities; through the province with respect to component cities and GENERAL PROVISIONS
municipalities; and through the city and municipality with respect to Section 2. The territorial and political subdivisions shall enjoy local
barangays. autonomy.

(b) National agencies and offices with project implementation Section 4. The President of the Philippines shall exercise general
functions shall coordinate with one another and with the local supervision over local governments. Provinces with respect to component
government units concerned in the discharge of these functions. cities and municipalities, and cities and municipalities with respect to
They shall ensure the participation of local government units both in component barangays, shall ensure that the acts of their component units
the planning and implementation of said national projects. are within the scope of their prescribed powers and functions.

(c) The President may, upon request of the local government unit ARTICLE II
concerned, direct the appropriate national agency to provide Relations with the Philippine National Police
financial, technical, or other forms of assistance to the local
government unit. Such assistance shall be extended at no extra cost Section 28. Powers of Local Chief Executives over the Units of the
to the local government unit concerned. Philippine National Police. - The extent of operational supervision and control
of local chief executives over the police force, fire protection unit, and jail
(d) National agencies and offices including government-owned or management personnel assigned in their respective jurisdictions shall be
controlled corporations with field units or branches in a province, city, governed by the provisions of Republic Act Numbered Sixty-nine hundred
or municipality shall furnish the local chief executive concerned, for seventy-five (R.A. No. 6975), otherwise known as "The Department of the
his information and guidance, monthly reports including duly certified Interior and Local Government Act of 1990", and the rules and regulations
budgetary allocations and expenditures. issued pursuant thereto.

Section 26. Duty of National Government Agencies in the Maintenance of


Ecological Balance. - It shall be the duty of every national agency or
government-owned or controlled corporation authorizing or involved in the
planning and implementation of any project or program that may cause
ARTICLE III personnel under such terms and conditions as may be agreed upon by the
Inter-Local Government Relations participating local units through Memoranda of Agreement.

Section 29. Provincial Relations with Component Cities and Municipalities. - CHAPTER IV
The province, through the governor, shall ensure that every component city Relations With People's and Non-Governmental Organizations
and municipality within its territorial jurisdiction acts within the scope of its
prescribed powers and functions. Highly urbanized cities and independent Section 34. Role of People's and Non-governmental Organizations. - Local
component cities shall be independent of the province. government units shall promote the establishment and operation of people's
and non-governmental organizations to become active partners in the pursuit
Section 30. Review of Executive Orders. - of local autonomy.

(a) Except as otherwise provided under the Constitution and special Section 35. Linkages with People's and Non-governmental Organizations. -
statutes, the governor shall review all executive orders promulgated Local government units may enter into joint ventures and such other
by the component city or municipal mayor within his jurisdiction. The cooperative arrangements with people's and non-governmental organizations
city or municipal mayor shall review all executive orders promulgated to engage in the delivery of certain basic services, capability-building and
by the punong barangay within his jurisdiction. Copies of such orders livelihood projects, and to develop local enterprises designed to improve
shall be forwarded to the governor or the city or municipal mayor, as productivity and income, diversity agriculture, spur rural industrialization,
the case may be, within three (3) days from their issuance. In all promote ecological balance, and enhance the economic and social well-
instances of review, the local chief executive concerned shall ensure being of the people.
that such executive orders are within the powers granted by law and
in conformity with provincial, city, or municipal ordinances. Section 36. Assistance to People's and Non-governmental Organizations. -
A local government unit may, through its local chief executive and with the
(b) If the governor or the city or municipal mayor fails to act on said concurrence of the sanggunian concerned, provide assistance, financial or
executive orders within thirty (30) days after their submission, the otherwise, to such people's and non-governmental organizations for
same shall be deemed consistent with law and therefore valid. economic, socially-oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.
Section 31. Submission of Municipal Questions to the Provincial Legal
Officer or Prosecutor. - In the absence of a municipal legal officer, the CHAPTER V
municipal government may secure the opinion of the provincial legal officer, Local Prequalification, Bids and Awards Committee
and in the absence of the latter, that of the provincial prosecutor on any legal
question affecting the municipality. Section 37. Local Prequalification, Bids and Awards Committee (Local
PBAC). -
Section 32. City and Municipal Supervision over Their Respective
Barangays. - The city or municipality, through the city or municipal mayor (a) There is hereby created a local prequalification, bids and awards
concerned, shall exercise general supervision over component barangays to committee in every province, city, and municipality, which shall be
ensure that said barangays act within the scope of their prescribed powers primarily responsible for the conduct of prequalification of
and functions. contractors, bidding, evaluation of bids, and the recommendation of
awards concerning local infrastructure projects. The governor or the
Section 33. Cooperative Undertakings Among Local Government Units. - city or municipal mayor shall act as the chairman with the following
Local government units may, through appropriate ordinances, group as members:
themselves, consolidate, or coordinate their efforts, services, and resources
for purposes commonly beneficial to them. In support of such undertakings, (1) The chairman of the appropriations committee of the
the local government units involved may, upon approval by the sanggunian sanggunian concerned;
concerned after a public hearing conducted for the purpose, contribute funds,
real estate, equipment, and other kinds of property and appoint or assign
(2) A representative of the minority party in the sanggunian
concerned, if any, or if there be none, one (1) chosen by said
sanggunian from among its members;

(3) The local treasurer;

(4) Two (2) representatives of non-governmental


organizations that are represented in the local development
council concerned, to be chosen by the organizations
themselves; and

(5) Any practicing certified public accountant from the private


sector, to be designated by the local chapter of the
Philippine Institute of Certified Public Accountants, if any.

Representatives of the Commission on Audit shall observe


the proceedings of such committee and shall certify that the
rules and procedures for prequalification, bids and awards
have been complied with.

(b) The agenda and other information relevant to the meetings of


such committee shall be deliberated upon by the committee at least
one (1) week before the holding of such meetings.

(c) All meetings of the committee shall be held in the provincial


capitol or the city or municipal hall. The minutes of such meetings of
the committee and any decision made therein shall be duly recorded,
posted at a prominent place in the provincial capitol or the city or
municipal hall, and delivered by the most expedient means to
elective local officials concerned.

Section 38. Local Technical Committee. -

(a) There is hereby created a local technical committee in every


province, city and municipality to provide technical assistance to the
local prequalification, bids and awards committees. It shall be
composed of the provincial, city or municipal engineer, the local
planning and development coordinator, and such other officials
designated by the local prequalification, bids and awards committee.

(b) The chairman of the local technical committee shall be


designated by the local prequalification, bids and awards committee
and shall attend its meeting in order to present the reports and
recommendations of the local technical committee.
Republic Act No. 8551 February 25, 1998 functions, support the Armed Forces of the Philippines on matters
involving suppression of insurgency, except in cases where the
AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF President shall call on the PNP to support the AFP in combat
THE PHILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES, operations.
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED
SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, "AN ACT "In times of national emergency, the PNP, the Bureau of Fire
ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE- Protection, and the Bureau of Jail Management and Penology shall,
ORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL upon the direction of the President, assist the armed forces in
GOVERNMENT, AND FOR OTHER PURPOSES" meeting the national emergency."

Be it enacted by the Senate and House of Representatives of the Philippines TITLE III
in Congress assembled:: THE NATIONAL POLICE COMMISSION

TITLE I Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read
TITLE AND DECLARATION OF POLICY as follows:

Section 1. Title. This Act shall be known as the "Philippine National Police "SEC. 13. Creation and Composition. A National Police
Reform and Reorganization Act of 1998". Commission, hereinafter referred to as the Commission, is hereby
created for the purpose of effectively discharging the functions
Section 2. Declaration of Policy and Principles. It is hereby declared the prescribed in the Constitution and provided in this Act. The
policy of the State to establish a highly efficient and competent police force Commission shall be an agency attached to the Department for
which is national in scope and civilian in character administered and policy and program coordination. It shall be composed of a
controlled by a national police commission. Chairperson, four (4) regular Commissioners, and the Chief of PNP
as ex-officio member. Three (3) of the regular commissioners shall
come from the civilian sector who are neither active nor former
The Philippine National Police (PNP) shall be a community and service
members of the police or military, one (1) of whom shall be
oriented agency responsible for the maintenance of peace and order and
designated as vice chairperson by the President. The fourth regular
public safety.
commissioner shall come from the law enforcement sector either
active or retired: Provided, That an active member of a law
The PNP shall be so organized to ensure accountability and uprightness in enforcement agency shall be considered resigned from said agency
police exercise of discretion as well as to achieve efficiency and once appointed to the Commission: Provided, further, That at least
effectiveness of its members and units in the performance of their functions. one (1) of the Commissioners shall be a woman. The Secretary of
the Department shall be the ex-officio Chairperson of the
TITLE II Commission, while the Vice Chairperson shall act as the executive
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS officer of the Commission."

Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read
as follows: as follows:

"SEC. 12. Relationship of the Department with the Department of "SEC. 14. Powers and Functions of the Commission. The
National Defense. The Department of the Interior and Local Commission shall exercise the following powers and functions:
Government shall be relieved of the primary responsibility on matters
involving the suppression of insurgency and other serious threats to "(a) Exercise administrative control and operational
national security. The Philippine National Police shall, through supervision over the Philippine National Police which shall
information gathering and performance of its ordinary police mean the power to:
"1) Develop policies and promulgate a police manual must be revised which should be clearly distinct from
prescribing rules and regulations for efficient the military and reflective of the civilian character of
organization, administration, and operation, the police;
including criteria for manpower allocation,
distribution and deployment, recruitment, selection, "9) Issue subpoena and subpoena duces tecum in
promotion, and retirement of personnel and the matters pertaining to the discharge of its own
conduct of qualifying entrance and promotional powers and duties, and designate who among its
examinations for uniformed members; personnel can issue such processes and administer
oaths in connection therewith;
"2) Examine and audit, and thereafter establish the
standards for such purposes on a continuing basis, "10) Inspect and assess the compliance of the PNP
the performance, activities, and facilities of all police on the established criteria for manpower allocation,
agencies throughout the country; distribution, and deployment and their impact on the
community and the crime situation, and thereafter
"3) Establish a system of uniform crime reporting; formulate appropriate guidelines for maximization of
resources and effective utilization of the PNP
"4) Conduct an annual self-report survey and personnel;
compile statistical data for the accurate assessment
of the crime situation and the proper evaluation of "11) Monitor the performance of the local chief
the efficiency and effectiveness of all police units in executives as deputies of the Commission; and
the country;
"12) Monitor and investigate police anomalies and
"5) Approve or modify plans and programs on irregularities.
education and training, logistical requirements,
communications, records, information systems, "b) Advise the President on all matters involving police
crime laboratory, crime prevention and crime functions and administration;
reporting;
"c) Render to the President and to the Congress an annual
"6) Affirm, reverse or modify, through the National report on its activities and accomplishments during the thirty
Appellate Board, personnel disciplinary actions (30) days after the end of the calendar year, which shall
involving demotion or dismissal from the service include an appraisal of the conditions obtaining in the
imposed upon members of the Philippine National organization and administration of police agencies in the
Police by the Chief of the Philippine National Police; municipalities, cities and provinces throughout the country,
and recommendations for appropriate remedial legislation;
"7) Exercise appellate jurisdiction through the
regional appellate boards over administrative cases "d) Recommend to the President, through the Secretary,
against policemen and over decisions on claims for within sixty (60) days before the commencement of each
police benefits; calendar year, a crime prevention program; and

"8) Prescribe minimum standards for arms, "e) Perform such other functions necessary to carry out the
equipment, and uniforms and, after consultation with provisions of this Act and as the President may direct."
the Philippine Heraldry Commission, for insignia of
ranks, awards, and medals of honor. Within ninety Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read
(90) days from the effectivity of this Act, the
as follows:
standards of the uniformed personnel of the PNP
"SEC. 15. Qualifications. No person shall be appointed regular Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read
member of the Commission unless: as follows:

"(a) He or she is a citizen of the Philippines; "SEC. 20. Organizational Structure. The Commission shall consist
of the following units:
"(b) A member of the Philippine Bar with at least five (5)
years experience in handling criminal or human rights cases "(a) Commission Proper. This is composed of the offices of
or a holder of a master's degree but preferably a doctorate the Chairman and four (4) Commissioners.
degree in public administration, sociology, criminology,
criminal justice, law enforcement, and other related "(b) Staff Services. The staff services of the Commission
disciplines; and shall be as follows:

"(c) The regular member coming from the law enforcement "(1) The Planning and Research Service, which shall
sector should have practical experience in law enforcement provide technical services to the Commission in
work for at least five (5) years while the three (3) other areas of overall policy formulation, strategic and
regular commissioners must have done extensive research operational planning, management systems or
work or projects on law enforcement, criminology or criminal procedures, evaluation and monitoring of the
justice or members of a duly registered non-government Commission's programs, projects and internal
organization involved in the promotion of peace and order." operations; and shall conduct thorough research and
analysis on social and economic conditions affecting
Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read peace and order in the country;
as follows:
"(2) The Legal Affairs Service, which shall provide
"SEC. 16. Term of Office. The four (4) regular and full-time the Commission with efficient and effective service
Commissioners shall be appointed by the President for a term of six as legal counsel of the Commission; draft or study
(6) years without re-appointment or extension." contracts affecting the Commission and submit
appropriate recommendations pertaining thereto;
Section 8. Expiration of the Terms of Office of Current Commissioners. and render legal opinions arising from the
Upon the effectivity of this Act the terms of office of the current administration and operation of the Philippine
Commissioners are deemed expired which shall constitute a bar to their National Police and the Commission;
reappointment or an extension of their terms in the Commission except for
current Commissioners who have served less than two (2) years of their "(3) The Crime Prevention and Coordination Service,
terms of office who may be appointed by the President for a maximum term which shall undertake criminological researches and
of two (2) years. studies; formulate a national crime prevention plan;
develop a crime prevention and information program
Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read and provide editorial direction for all criminology
as follows: research and crime prevention publications;

"SEC. 17. Temporary or Permanent Incapacity of the Chairperson. "(4) The Personnel and Administrative Service,
In case of absence due to the temporary incapacity of the which shall perform personnel functions for the
chairperson, the Vice chair shall serve as Chairperson until the Commission, administer the entrance and
Chairperson is present or regains capacity to serve. In case of death promotional examinations for policemen, provide the
or permanent incapacity or disqualification of the chairperson, the necessary services relating to records,
acting chairperson shall also act as such until a new chairperson correspondence, supplies, property and equipment,
shall have been appointed by the President and qualified." security and general services, and the maintenance
and utilization of facilities, and provide services "SEC. 22. Qualifications of Regional Directors. No person shall be
relating to manpower, career planning and appointed regional director unless:
development, personnel transactions and employee
welfare; "(a) He or she is a citizen of the Philippines; and

"(5) The Inspection, Monitoring and Investigation "(b) A holder of a master's degree and appropriate civil service
Service, which shall conduct continuous inspection eligibility."
and management audit of personnel, facilities and
operations at all levels of command of the PNP, Section 12. Qualifications Upgrading Program. The Commission shall
monitor the implementation of the Commission's
design and establish a qualifications upgrading program for the members of
programs and projects relative to law enforcement;
the Commission in coordination with the Civil Service Commission, the
and monitor and investigate police anomalies and
Department of Education, Culture and Sports and the Commission on Higher
irregularities; Education through a distance education program and/or an in-service
education program or similar programs within ninety (90) days from the
"(6) The Installations and Logistics Service, which effectivity of this Act: Provided, That those who are already in the service
shall review the Commission's plans and programs from the effectivity of this Act shall have five (5) years to obtain the required
and formulate policies and procedures regarding degree or qualification counted from the implementation of the qualifications
acquisition, inventory, control, distribution, upgrading program.
maintenance and disposal of supplies and shall
oversee the implementation of programs on TITLE IV
transportation facilities and installations and the THE PHILIPPINE NATIONAL POLICE
procurement and maintenance of supplies and
equipment; and
A. REORGANIZATION
"(7) The Financial Service, which shall provide the
Commission with staff advice and assistance on Section 13. Authority of the Commission to Reorganize the PNP.
budgetary and financial matters, including the Notwithstanding the provisions of Republic Act No. 6975 on the
overseeing of the processing and disbursement of organizational structure and rank classification of the PNP, the Commission
funds pertaining to the scholarship program and shall conduct a management audit, and prepare and submit to Congress a
surviving children of deceased and/or permanently proposed reorganization plan of the PNP not later than December 31, 1998,
incapacitated PNP personnel. subject to the limitations provided under this Act and based on the following
criteria: a) increased police visibility through dispersal of personnel from the
headquarters to the field offices and by the appointment and assignment of
"(c) Disciplinary Appellate Boards The Commission shall non-uniformed personnel to positions which are purely administrative,
establish a formal administrative disciplinary appellate technical, clerical or menial in nature and other positions which are not
machinery consisting of the National Appellate Board and
actually and directly related to police operation; and b) efficient and optimized
the regional appellate boards.
delivery of police services to the communities.

"The National Appellate Board shall decide cases on appeal from The PNP reorganization program shall be approved by Congress through a
decisions rendered by the PNP chief, while the regional appellate joint resolution.
boards shall decide cases on appeal from decisions rendered by
officers other than the PNP chief, the mayor, and the People's Law
Enforcement Board (PLEB) created hereunder." B. QUALIFICATIONS UPGRADING

Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read
as follows: as follows:
"SEC. 30. General Qualifications for Appointment. No person shall "For the purpose of determining compliance with the requirements on
be appointed as officer or member of the PNP unless he or she physical and mental health, as well as the non-use of prohibited
possesses the following minimum qualifications: drugs, the PNP by itself or through a NAPOLCOM accredited
government hospital shall conduct regular psychiatric, psychological
"a) A citizen of the Philippines; drug and physical tests randomly and without notice.

"b) A person of good moral conduct; "After the lapse of the time period for the satisfaction of a specific
requirement, current members of the PNP who will fail to satisfy any
of the requirements enumerated under this Section shall be
"c) Must have passed the psychiatric/psychological, drug
separated from the service if they are below fifty (50) years of age
and physical tests to be administered by the PNP or by any
and have served in Government for less than twenty (20) years or
NAPOLCOM accredited government hospital for the purpose
retired if they are from the age of fifty (50) and above and have
of determining physical and mental health;
served the Government for at least twenty (20) years without
prejudice in either case to the payment of benefits they may be
"d) Must possess a formal baccalaureate degree from a entitled to under existing laws."
recognized institution of learning;
Section 15. Waivers for Initial Appointments to the PNP. The age,
"e) Must be eligible in accordance with the standards set by height, weight, and educational requirements for initial appointment to the
the Commission; PNP may be waived only when the number of qualified applicants fall below
the minimum annual quota: Provided, That an applicant shall not be below
"f) Must not have been dishonorably discharged from military twenty (20) nor over thirty-five (35) years of age: Provided, further, That any
employment or dismissed for cause from any civilian position applicant not meeting the weight requirement shall be given reasonable time
in the Government; but not exceeding six (6) months within which to comply with the said
requirement: Provided, furthermore, That only applicants who have finished
"g) Must not have been convicted by final judgment of an second year college or have earned at least seventy-two (72) collegiate units
offense or crime involving moral turpitude; leading to a bachelor's decree shall be eligible for appointment: Provided,
furthermore, That anybody who will enter the service without a baccalaureate
"h) Must be at least one meter and sixty-two centimeters degree shall be given a maximum of four (4) years to obtain the required
(1.62 m.) in height for male and one meter and fifty-seven educational qualification: Provided, finally, That a waiver for height
centimeters (1.57 m.) for female; requirement shall be automatically granted to applicants belonging to the
cultural communities.
"i) Must weigh not more or less than five kilograms (5 kgs.)
from the standard weight corresponding to his or her height, Section 16. Selection Criteria Under the Waiver Program. The selection
age, and sex; and of applicants under the Waiver Program shall be subject to the following
minimum criteria:
"j) For a new applicant, must not be less than twenty-one
(21) nor more than thirty (30) years of age: except for the a) Applicants who possess the least disqualification shall take
last qualification, the above-enumerated qualifications shall precedence over those who possess more disqualifications.
be continuing in character and an absence of any one of
them at any given time shall be a ground for separation or b) The requirements shall be waived in the following order: (a) age,
retirement from the service: Provided, That PNP members (b) height, (c) weight, and (d) education.
who are already in the service upon the effectivity of this Act
shall be given at least two (2) more years to obtain the The Commission shall promulgate rules and regulations to address other
minimum educational qualification and one (1) year to satisfy situations arising from the waiver of the entry requirements.
the weight requirement.
Section 17. Nature of Appointment Under a Waiver Program. Any PNP Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read
uniformed personnel who is admitted due to the waiver of the educational or as follows:
weight requirements shall be issued a temporary appointment pending the
satisfaction of the requirement waived. Any member who will fail to satisfy "SEC. 34. Qualifications of Chief of City and Municipal Police
any of the waived requirements within the specified time periods under Stations. No person shall be appointed chief of a city police station
Section 13 of this Act shall be dismissed from the service. unless he/she is a graduate of Bachelor of Laws or has finished all
the required courses of a master's degree program in public
Section 18. Re-application of Dismissed PNP Members Under a Waiver administration, criminology, criminal justice, law enforcement,
Program. Any PNP member who shall be dismissed under a waiver national security administration, defense studies, and other related
program shall be eligible to re-apply for appointment to the PNP: Provided, disciplines from a recognized institution of learning. No person shall
That he or she possesses the minimum qualifications under Section 14 of be appointed chief of a municipal police station unless he or she has
this Act and his or her reappointment is not by virtue of another waiver finished at least second year Bachelor of Laws or has earned at least
program. twelve (12) units in a master's degree program in public
administration, criminology, criminal justice, law enforcement,
Section 19. The Field Training Program. All uniformed members of the national security administration, and other related disciplines from a
PNP shall undergo a Field Training Program for twelve (12) months involving recognized institution of learning: Provided, That members of the Bar
actual experience and assignment in patrol, traffic, and investigation as a with at least five (5) years of law practice, licensed criminologists or
requirement for permanency of their appointment. graduates of the Philippine National Police Academy and who
possess the general qualifications for initial appointment to the PNP
Section 20. Increased Qualifications for Provincial Directors. No shall be qualified for appointment as chief of a city or municipal
police station: Provided, further, That the appointee has successfully
person may be appointed Director of a Provincial Police Office unless:
passed the required field training program and has complied with
other requirements as may be established by the Commission:
a) he or she holds a master's degree in public administration, Provided, furthermore, That the chief of police shall be appointed in
sociology, criminology, criminal justice, law enforcement, national accordance with the provisions of Section 51, paragraph (b),
security administration, defense studies, or other related discipline subparagraph 4(i) of this Act."
from a recognized institution of learning; and
Section 23. Qualifications Upgrading Program. The Commission shall
b) has satisfactorily passed the required training and career courses design and establish a qualifications upgrading program for the Philippine
necessary for the position as may be established by the National Police officers and members in coordination with the Civil Service
Commission. Commission, and the Commission on Higher Education through a distance
education program and/or an in-service education program or other similar
Any PNP personnel who is currently occupying the position but lacks any of programs within ninety (90) days from the effectivity of this Act.
the qualifications mentioned above shall be given three (3) years upon the
effectivity of this Act to comply with the requirements; otherwise he or she C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL
shall be relieved from the position.
Section 24. Attrition System. There shall be established a system of
Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read attrition within the uniformed members of the PNP within one (1) year from
as follows: the effectivity of this Act to be submitted by the PNP to the Commission for
approval. Such attrition system shall include but is not limited to the
"SEC. 32. Examinations of Policemen. The National Police provisions of the following sections.
Commission shall administer the entrance and promotional
examinations for policemen on the basis of the standards set by the Section 25. Attrition by Attainment of Maximum Tenure in Position.
Commission." The maximum tenure of PNP members holding key positions is hereby
prescribed as follows:
Section 29. Attrition by Other Means. A PNP member or officer with at
POSITION MAXIMUM TENURE
least five (5) years of accumulated active service shall be separated based
Chief four (4) years on any of the following factors:

Deputy Chief four (4) years a) inefficiency based on poor performance during the last two (2)
successive annual rating periods;
Director of the Staff Services four (4) years

Regional Directors six (6) years b) inefficiency based on poor performance for three (3) cumulative
annual rating periods;
Provincial/City Directors nine (9) years
c) physical and/or mental incapacity to perform police functions and
Other positions higher than Provincial Director shall have the maximum duties; or
tenure of six (6) years. Unless earlier separated, retired or promoted to a
higher position in accordance with the PNP Staffing Pattern, police officers d) failure to pass the required entrance examinations twice and/or
holding the above-mentioned positions shall be compulsorily retired at the finish the required career courses except for justifiable reasons.
maximum tenure in position herein prescribed, or at age fifty-six (56),
whichever is earlier: Provided, That in times of war or other national Section 30. Retirement or Separation Under the Preceding Sections.
emergency declared by Congress, the President may extend the PNP Chief's Any personnel who is dismissed from the PNP pursuant to Sections 25, 26,
tour of duty: Provided, further, That PNP members who have already 27, 28 and 29 hereof shall be retired if he or she has rendered at least twenty
reached their maximum tenure upon the effectivity of this Act may be allowed (20) years of service and separated if he or she has rendered less than
one (1) year more of tenure in their positions before the maximum tenure twenty (20) years of service unless the personnel is disqualified by law to
provided in this Section shall be applied to them, unless they shall have receive such benefits.
already reached the compulsory retirement age of fifty-six (56), in which case
the compulsory retirement age shall prevail. D. PROMOTION SYSTEM

Except for the Chief, PNP, no PNP member who has less than one (1) year Section 31. Rationalized Promotion System. Within six (6) months after
of service before reaching the compulsory retirement age shall be promoted the effectivity of this Act, the Commission shall establish a system of
to a higher rank or appointed to any other position. promotion for uniformed and non-uniformed personnel of the PNP which
shall be based on merits and on the availability of vacant positions in the
Section 26. Attrition by Relief. A PNP uniformed personnel who has been PNP staffing pattern. Such system shall be gender fair and shall ensure that
relieved for just cause and has not been given an assignment within two (2) women members of the PNP shall enjoy equal opportunity for promotion as
years after such relief shall be retired or separated. that of men.

Section 27. Attrition by Demotion in Position or Rank. Any PNP Section 32. Promotion by Virtue of Position. Any PNP personnel
personnel, civilian or uniformed, who is relieved and assigned to a position designated to any key position whose rank is lower than that which is
lower than what is established for his or her grade in the PNP staffing pattern required for such position shall, after six (6) months of occupying the same,
and who shall not be assigned to a position commensurate to his or her be entitled to a rank adjustment corresponding to the position: Provided, That
grade within eighteen (18) months after such demotion in position shall be the personnel shall not be reassigned to a position calling for a higher rank
retired or separated. until after two (2) years from the date of such rank adjustment: Provided,
further, That any personnel designated to the position who does not possess
Section 28. Attrition by Non-promotion. Any PNP personnel who has not the established minimum qualifications therefor shall occupy the same
been promoted for a continuous period of ten (10) years shall be retired or temporarily for not more than six (6) months without reappointment or
separated. extension.
Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby Section 35. Section 73 of the same Act is hereby amended to read as
amended to read as follows: follows:

"SEC. 38. Promotions. (a) A uniformed member of the PNP shall "SEC. 73. Permanent Physical Disability. An officer or non-officer
not be eligible for promotion to a higher position or rank unless he or who is permanently and totally disabled as a result of injuries
she has successfully passed the corresponding promotional suffered or sickness contracted in the performance of his duty as
examination given by the Commission, or the Bar, or the duly certified by the National Police Commission, upon finding and
corresponding board examinations for technical services and other certification by the appropriate medical officer, that the extent of the
professions, has satisfactorily completed the appropriate and disability or sickness renders such member unfit or unable to further
accredited course in the PNPA or equivalent training institutions, and perform the duties of his position, shall be entitled to one year's
has satisfactorily passed the required psychiatric/psychological and salary and to lifetime pension equivalent to eighty percent (80%) of
drug tests. In addition, no uniformed member of the PNP shall be his last salary, in addition to other benefits as provided under existing
eligible for promotion during the pendency of his or her laws.
administrative and/or criminal case or unless he or she has been
cleared by the People's Law Enforcement Board (PLEB), and the "Should such member who has been retired under permanent total
Office of the Ombudsman of any complaints proffered against him or disability under this section die within five (5) years from his
her, if any. retirement, his surviving legal spouse or if there be none, the
surviving dependent legitimate children shall be entitled to the
"(b) Any uniformed member of the PNP who has exhibited pension for the remainder of the five (5) years guaranteed period."
acts of conspicuous courage and gallantry at the risk of
his/her life above and beyond the call of duty, shall be Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read
promoted to the next higher rank: Provided, That such acts as follows:
shall be validated by the Commission based on established
criteria." "SEC. 36. Status of Members of the Philippine National Police. The
uniformed members of the PNP shall be considered employees of
E. UPGRADING OF SALARIES AND BENEFITS the National Government and shall draw their salaries therefrom.
They shall have the same salary grade level as that of public school
Section 34. Section 75 of the same Act is hereby amended to read as teachers: Provided, That PNP members assigned in Metropolitan
follows: Manila, chartered cities and first class municipalities may be paid
financial incentive by the local government unit concerned subject to
"SEC. 75. Retirement Benefits. Monthly retirement pay shall be fifty the availability of funds."
percent (50%) of the base pay and longevity pay of the retired grade
in case of twenty (20) years of active service, increasing by two and Section 37. Early Retirement Program. Within three (3) years after the
one-half percent (2.5%) for every year of active service rendered effectivity of this Act, any PNP officer or non-commissioned officer may retire
beyond twenty (20) years to a maximum of ninety percent (90%) for and be paid separation benefits corresponding to a position two (2) ranks
thirty-six (36) years of active service and over: Provided, That, the higher than his or her present rank subject to the following conditions:
uniformed personnel shall have the option to receive in advance and
in lump sum his retirement pay for the first five (5) years: Provided, a) that at the time he or she applies for retirement, he or she has
further, That payment of the retirement benefits in lump sum shall be already rendered at least ten (10) years of continuous government
made within six (6) months from effectivity date of retirement and/or service;
completion: Provided, finally, That retirement pay of the officers/non-
officers of the PNP shall be subject to adjustments based on the
b) the applicant is not scheduled for separation or retirement from
prevailing scale of base pay of police personnel in the active
the service due to the attrition system or separation for cause;
service."
c) he or she has no pending administrative or criminal case; and
d) he or she has at least three (3) more years in the service before c) incidents where evidence was compromised, tampered with,
reaching the compulsory retirement age and at least a year before obliterated, or lost while in the custody of police personnel;
his or her maximum tenure in position.
d) incidents where a suspect in the custody of the police was
Section 38. Rationalization of Retirement and Separation Benefits. seriously injured; and
The Commission shall formulate a rationalized retirement and separation
benefits schedule and program within one (1) year from the effectivity of this e) incidents where the established rules of engagement have been
Act for approval by Congress: Provided, That the approved schedule and violated.
program shall have retroactive effect in favor of PNP members and officers
retired or separated from the time specified in the law, unless the retirement
Finally, the IAS shall provide documents or recommendations as regards to
or separation is for cause and the decision denies the grant of benefits.
the promotion of the members of the PNP or the assignment of PNP
personnel to any key position.
TITLE V
INTERNAL AFFAIRS SERVICE
Section 40. Organization. National, regional, and provincial offices of the
Internal Affairs shall be established. Internal Affairs Service shall be headed
Section 39. Creation, Powers, and Functions. An Internal Affairs Service by an Inspector General who shall be assisted by a Deputy Inspector
(IAS) of the PNP is hereby created which shall: General. The area offices shall be headed by a Director while the provincial
offices shall be headed by a Superintendent: Provided, That the head of the
a) pro-actively conduct inspections and audits on PNP personnel and Internal Affairs Service shall be a civilian who shall meet the qualification
units; requirements provided herein.

b) investigate complaints and gather evidence in support of an open The commission shall establish a rationalized staffing pattern in the
investigation; Reorganization Plan as provided for in Section 13 hereof.

c) conduct summary hearings on PNP members facing Section 41. Appointments. The Inspector General shall be appointed by
administrative charges; the President upon the recommendation of the Director General and duly
endorsed by the Commission. Appointments of personnel who shall occupy
d) submit a periodic report on the assessment, analysis, and various positions shall be made by the Inspector General and shall be based
evaluation of the character and behavior of PNP personnel and units on an established career pattern and criteria to be promulgated by the
to the Chief PNP and the Commission; Commission.

e) file appropriate criminal cases against PNP members before the Section 42. Entry Qualifications to IAS. Entry to the Internal Affairs
court as evidence warrants and assist in the prosecution of the case; Service shall be voluntary and subject to rigid screening where only PNP
personnel who have at least five (5) years experience in law enforcement
and who have no derogatory service records shall be considered for
f) provide assistance to the Office of the Ombudsman in cases
involving the personnel of the PNP. appointment: Provided, That members of the Bar may enter the service
laterally.
The IAS shall also conduct, motu proprio, automatic investigation of the
Section 43. Initial Appointments to the National, Directorial, and
following cases:
Provincial Internal Affairs Service Offices. Initial appointments of the
heads of the offices in the Internal Affairs Service shall be made by the
a) incidents where a police personnel discharges a firearm; President upon recommendation by the Commission. Thereafter,
appointments and promotions to the Service shall follow the established
b) incidents where death, serious physical injury, or any violation of requirements and procedures.
human rights occurred in the conduct of a police operation;
Section 44. Promotions. The Commission shall establish the promotion negligent under Section 48 shall be recommended automatically for
system within the IAS which shall follow the general principles of the dismissal or demotion, as the case may be.
promotion system in the PNP.
(b) Recommendations by the IAS for the imposition of disciplinary
Section 45. Prohibitions. Any personnel who joins the IAS may not measures against an erring PNP personnel, once final, cannot be
thereafter join any other unit of the PNP. Neither shall any personnel of the revised, set-aside, or unduly delayed by any disciplining authority
IAS be allowed to sit in a committee deliberating on the appointment, without just cause. Any disciplining authority who fails to act or who
promotion, or assignment of any PNP personnel. acts with abuse of discretion on the recommendation of the IAS shall
be made liable for gross neglect of duty. The case of erring
Section 46. Career Development and Incentives. (1) Personnel of the disciplinary authority shall be submitted to the Director General for
Internal Affairs Service shall in addition to other allowances authorized under proper disposition.
existing laws be granted occupational specialty pay which shall not exceed
fifty percent (50%) of their basic pay. This pay shall not be considered a Section 50. Appeals. Decisions rendered by the provincial inspectors shall
forfeiture of other remuneration and allowances which are allowed under be forwarded to the area internal affairs office for review within ten (10)
existing laws. working days upon the receipt thereof. Decisions of the area office may be
appealed to the national office through the Office of Inspector General.
(2) IAS members shall also have priorities in the quota allocation for training Decisions rendered by the National IAS shall be appealed to the National
and education. Appellate Board or to the court as may be appropriate: Provided, That the
summary dismissal powers of the Director General and Regional Directors as
Section 47. Records Management of the IAS. Local Internal Affairs provided in Section 42 of Republic Act No. 6975 shall remain valid: Provided,
further, That the existing jurisdiction over offenses as provided under
Offices shall be responsible for the maintenance and update of the records of
Republic Act No. 6975 shall not be affected.
the members of the PNP within their jurisdiction.

Section 51. Complaints Against the IAS. A complaint against any


When a PNP personnel is reassigned or transferred to another location or
personnel or office of IAS shall be brought to the Inspector General's Office
unit outside the jurisdiction of the current Internal Affairs Office, the original
or to the Commission as may be appropriate.
records of such personnel shall be transferred over to the Internal Affairs
Office that will acquire jurisdiction over the transferred personnel while copies
will be retained by the former Internal Affairs Office. In cases where a PNP TITLE VI
personnel has been relieved of his/her position and has not been given an DISCIPLINARY MECHANISMS
assignment, the Internal Affairs Office where the person has been assigned
last shall continue to have jurisdiction over his or her records until such time Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read
that the officer or member shall have been given a new assignment where as follows:
the records will be forwarded to the Internal Affairs Office acquiring
jurisdiction over the PNP personnel. "SEC. 41(a). Citizen's Complaints. Any complaint by a natural or
juridical person against any member of the PNP shall be brought
Section 48. Inclusion of Supervisors and Superiors in IAS before the following:
Investigations. The immediate superior or supervisor of the personnel or
units being investigated under the preceding section shall be automatically "(1) Chiefs of Police, where the offense is punishable by
included in the investigation of the IA to exclusively determine lapses in withholding of privileges, restriction to specified limits,
administration or supervision. suspension or forfeiture of salary, or any combination
thereof, for a period not exceeding fifteen (15) days;
Section 49. Disciplinary Recommendations of the IAS. (a) Any
uniformed PNP personnel found guilty of any of the cases mentioned in "(2) Mayors of cities and municipalities, where the offense is
Section 39 of this Act and any immediate superior or supervisor found punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any
combination thereof, for a period of not less than sixteen (16) suspension or forfeiture of salary; or any combination thereof
days but not exceeding thirty (30) days; for a period not exceeding one hundred eighty (180) days:
Provided, further, That the chief of the PNP shall have the
"(3) People's Law Enforcement Board, as created under authority to place police personnel under restrictive custody
Section 43 hereof, where the offense is punishable by during the pendency of a grave administrative case filed
withholding of privileges, restriction to specified limits, against him or even after the filing of a criminal complaint,
suspension or forfeiture of salary, or any combination grave in nature, against such police personnel.
thereof, for a period exceeding thirty (30) days; or by
dismissal. "(c) Exclusive Jurisdiction. A complaint or a charge filed against a
PNP member shall be heard and decided exclusively by the
"The Commission shall provide in its implementing rules and disciplining authority who has acquired original jurisdiction over the
regulations a scale of penalties to be imposed upon any member of case and notwithstanding the existence of concurrent jurisdiction as
the PNP under this Section. regards the offense: Provided, That offenses which carry higher
penalties referred to a disciplining authority shall be referred to the
appropriate authority which has jurisdiction over the offense.
"(b) Internal Discipline. On dealing with minor offenses involving
internal discipline found to have been committed by any regular
member of their respective commands, the duly designated "For purposes of this Act, a 'minor offense' shall refer to any act or
supervisors and equivalent officers of the PNP shall, after due notice omission not involving moral turpitude, but affecting the internal
and summary hearing, exercise disciplinary powers as follows: discipline of the PNP, and shall include, but not limited to:

"(1) Chiefs of police or equivalent supervisors may "(1) Simple misconduct or negligence;
summarily impose the administrative punishment of
admonition or reprimand; restriction to specified limits; "(2) Insubordination;
withholding of privileges; forfeiture of salary or suspension;
or any of the combination of the foregoing: Provided, That, in "(3) Frequent absences and tardiness;
all cases, the total period shall not exceed fifteen (15) days;
"(4) Habitual drunkenness; and
"(2) Provincial directors or equivalent supervisors may
summarily impose administrative punishment of admonition
"(5) Gambling prohibited by law.
or reprimand; restrictive custody; withholding of privileges;
forfeiture of salary or suspension, or any combination of the
foregoing: Provided, That, in all cases, the total period shall "(d) Forum shopping of multiple filing of complaints. When an
not exceed thirty (30) days; administrative complaint is filed with a police disciplinary authority,
such as the People's Law Enforcement Board (PLEB), no other case
involving the same cause of action shall be filed with any other
"(3) Police regional directors or equivalent supervisors shall
disciplinary authority.
have the power to impose upon any member the disciplinary
punishment of dismissal from the service. He may also
impose the administrative punishment of admonition or "In order to prevent forum shopping or multiple filing of complaints,
reprimand; restrictive custody; withholding of privileges; the complainant or party seeking relief in the complaint shall certify
suspension or forfeiture of salary; demotion; or any under oath in such pleading, or in a sworn certification annexed
combination of the foregoing: Provided, That, in all cases, thereto and simultaneously filed therewith, to the truth of the
the total period shall not exceed sixty (60) days; following facts and undertaking:

"(4) The Chief of the PNP shall have the power to impose
the disciplinary punishment of dismissal from the service;
"(a) that he has not heretofore commenced any other action Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read
or proceeding involving the same issues in other disciplinary as follows:
forum;
"SEC. 44. Disciplinary Appellate Boards. The formal administrative
"(b) that to the best of his knowledge, no such action or disciplinary machinery of the PNP shall be the National Appellate
proceeding is pending in other police administrative Board and the regional appellate boards.
disciplinary machinery or authority;
"The National Appellate Board shall be composed of the four (4)
"(c) that if there is any such action or proceeding which is regular commissioners and shall be chaired by the executive officer.
either pending or may have been terminated, he must state The Board shall consider appeals from decisions of the Chief of the
the status thereof; and PNP.

"(d) that if he should thereafter learn that a similar action or "The National Appellate Board may conduct its hearings or sessions
proceeding has been filed or is pending before any other in Metropolitan Manila or any part of the country as it may deem
police disciplinary authority, he must undertake to report that necessary.
fact within five (5) days therefrom to the disciplinary authority
where the original complaint or pleading has been filed." "There shall be at least one (1) regional appellate board per
administrative region in the country to be composed of a senior
Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read officer of the regional Commission as Chairman and one (1)
as follows: representative each from the PNP, and the regional peace and order
council as members. It shall consider appeals from decisions of the
"SEC. 42. Summary Dismissal Powers of the National Police regional directors, other officials, mayors, and the PLEBs: Provided,
Commission, PNP Chief and PNP Regional Directors. The National That the Commission may create additional regional appellate
Police Commission, the chief of the PNP and PNP regional directors, boards as the need arises."
after due notice and summary hearings, may immediately remove or
dismiss any respondent PNP member in any of the following cases: Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read
as follows:
"(a) When the charge is serious and the evidence of guilt is
strong; "Sec. 47. Preventive Suspension Pending Criminal Case. Upon the
filing of a complaint or information sufficient in form and substance
"(b) When the respondent is a recidivist or has been against a member of the PNP for grave felonies where the penalty
repeatedly charged and there are reasonable grounds to imposed by law is six (6) years and one (1) day or more, the court
believe that he is guilty of the charges; and shall immediately suspend the accused from office for a period not
exceeding ninety (90) days from arraignment: Provided, however,
That if it can be shown by evidence that the accused is harassing the
"(c) When the respondent is guilty of a serious offense
complainant and/or witnesses, the court may order the preventive
involving conduct unbecoming of a police officer.
suspension of the accused PNP member even if the charge is
punishable by a penalty lower than six (6) years and one (1) day:
"Any member or officer of the PNP who shall go on absence without Provided, further, That the preventive suspension shall not be more
official leave (AWOL) for a continuous period of thirty (30) days or than ninety (90) days except if the delay in the disposition of the case
more shall be dismissed immediately from the service. His activities is due to the fault, negligence or petitions of the respondent:
and whereabouts during the period shall be investigated and if found Provided, finally, That such preventive suspension may be sooner
to have committed a crime, he shall be prosecuted accordingly." lifted by the court in the exigency of the service upon
recommendation of the chief, PNP. Such case shall be subject to
continuous trial and shall be terminated within ninety (90) days from Section 60. Administrative Liability. Any personnel who shall violate the
arraignment of the accused." established rules and regulations regarding gender sensitivity and gender
equality shall be suspended without pay for not less than thirty (30) days and
Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read shall undergo gender sensitivity seminar or training: Provided, That any
as follows: personnel who violates the rules more than twice shall be recommended for
demotion or dismissal from the PNP.
"SEC. 49. Legal Assistance. The Secretary of Justice, the
chairman of the Commission or the Chief of the PNP may authorize Section 61. Non-prohibition for Promotion. Nothing in this title shall be
lawyers of their respective agencies to provide legal assistance to construed as a restriction on the assignment of policewomen to other
any member of the PNP who is facing before the prosecutor's office, positions in the PNP nor shall any provisions of this title be used for the non-
the court or any competent body, a charge or charges arising from promotion of a PNP female personnel to higher position.
any incident which is related to the performance of his official duty:
Provided, That government lawyers so authorized shall have the TITLE VIII
power to administer oaths: Provided, further, That in such cases, PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE
when necessary, as determined by the Commission, a private ADMINISTRATION OF THE PNP
counsel may be provided at the expense of the Government. The
Secretary of Justice, the Chairman of the Commission and the Chief Section 62. The provisions of the second, third, fourth and fifth paragraphs
of the PNP shall jointly promulgate rules and regulations to of subparagraph (b) (1), Section 51, Chapter III-D of Republic Act No. 6975
implement the provisions of this Section." are hereby amended to read as follows:

TITLE VII "The term 'operational supervision and control' shall mean the power
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE to direct, superintend, and oversee the day-to-day functions of police
FORMULATION OF A GENDER SENSITIVITY PROGRAM investigation of crime, crime prevention activities, and traffic control
in accordance with the rules and regulations promulgated by the
Section 57. Creation and Functions. The PNP shall establish women's Commission.
desks in all police stations throughout the country to administer and attend to
cases involving crimes against chastity, sexual harassment, abuses "It shall also include the power to direct the employment and
committed against women and children and other similar offenses: Provided, deployment of units or elements of the PNP, through the station
That municipalities and cities presently without policewomen will have two (2) commander, to ensure public safety and effective maintenance of
years upon the effectivity of this Act within which to comply with the peace and order within the locality. For this purpose, the terms
requirement of this provision. 'employment' and 'deployment' shall mean as follows:

Section 58. Prioritization of Women for Recruitment. Within the next "'Employment' refers to the utilization of units or elements of the PNP
five (5) years, the PNP shall prioritize the recruitment and training of women for purposes of protection of lives and properties, enforcement of
who shall serve in the women's desk. Pursuant to this requirement, the PNP laws, maintenance of peace and order, prevention of crimes, arrest
shall reserve ten percent (10%) of its annual recruitment, training, and of criminal offenders and bringing the offenders to justice, and
education quota for women ensuring public safety, particularly in the suppression of disorders,
riots, lawlessness, violence, rebellious and seditious conspiracy,
Section 59. Gender Sensitivity Program. The Commission shall insurgency, subversion or other related activities.
formulate a gender sensitivity program within ninety (90) days from the
effectivity of this Act to include but not limited to the establishment of equal "'Deployment' shall mean the orderly and organized physical
opportunities for women in the PNP, the prevention of sexual harassment in movement of elements or units of the PNP within the province, city or
the workplace, and the prohibition of discrimination on the basis of gender or municipality for purposes of employment as herein defined."
sexual orientation.
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read
to read as follows: as follows:

"(4) Other Powers. In addition to the aforementioned powers, city "SEC. 52. Suspension or Withdrawal of Deputation. Unless
and municipal mayors shall have the following authority over the reversed by the President, the Commission may, after consultation
PNP units in their respective jurisdictions: with the provincial governor and congressman concerned, suspend
or withdraw the deputation of any local executive for any of the
"(i) Authority to choose the chief of police from a list of five following grounds:
(5) eligibles recommended by the provincial police director,
preferably from the same province, city or municipality: "(a) Frequent unauthorized absences;
Provided, however, That in no case shall an officer-in-charge
be designated for more than thirty (30) days: Provided, "(b) Abuse of authority;
further, That the local peace and order council may, through
the city or municipal mayor, recommend the recall or
"(c) Providing material support to criminal elements; or
reassignment of the chief of police when, in its perception,
the latter has been ineffective in combating crime or
maintaining peace and order in the city or municipality: "(d) Engaging in acts inimical to national security or which
Provided, finally, That such relief shall be based on negate the effectiveness of the peace and order campaign.
guidelines established by the NAPOLCOM;
"Upon good cause shown, the President may, directly or through the
"(ii) Authority to recommend to the provincial director the Commission, motu proprio restore such deputation withdrawn from
transfer, reassignment or detail of PNP members outside of any local executive."
their respective city or town residences; and
TITLE IX
"(iii) Authority to recommend from a list of eligibles previously STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD
screened by the peace and order council the appointment of
new members of the PNP to be assigned to their respective Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby
cities or municipalities without which no such appointments amended to read as follows:
shall be attested: Provided, That whenever practicable and
consistent with the requirements of the service, PNP "SEC. 43. People's Law Enforcement Board (PLEB). (a) Creation
members shall be assigned to the city or municipality of their and Functions The sangguniang panlungsod/bayan in every city
residence. and municipality shall create such number of People's Law
Enforcement Boards (PLEBs) as may be necessary: Provided, That
"The control and supervision of anti-gambling operations shall be there shall be at least one (1) PLEB for every five hundred (500) city
within the jurisdiction of local government executives." or municipal police personnel and for each of the legislative districts
in a city.
Section 64. Automatic Deputation of Local Government Executives as
Commission Representatives. Governors and mayors, upon having been "The PLEB shall be the central receiving entity for any citizen's
elected and living qualified as such, are automatically deputized as complaint against the officers and members of the PNP. Subject to
representatives of the National Police Commission in their respective the provisions of Section 41 of Republic Act No. 6975, the PLEB
jurisdiction. As deputized agents of the Commission, local government shall take cognizance of or refer the complaint to the proper
executives can inspect police forces and units, conduct audit, and exercise disciplinary or adjudicatory authority within three (3) days upon the
other functions as may be duly authorized by the Commission. filing of the complaint."lawph!l.net
Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. period as may be allowed under the law. A request for preventive suspension
6975 is hereby amended to read as follows: shall not be denied by the superior officer in the following cases:

"(3) Three (3) other members who are removable only for cause to a) when the respondent refuses to heed the PLEB's summons or
be chosen by the local peace and order council from among the subpoena;
respected members of the community known for their probity and
integrity, one (1) of whom must be a woman and another a member b) when the PNP personnel has been charged with offenses
of the Bar, or, in the absence thereof, a college graduate, or the involving bodily harm or grave threats,
principal of the central elementary school in the locality."
c) when the respondent is in a position to tamper with the evidence;
Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 andlawphil.net
shall be amended to read as follows:
d) when the respondent is in a position to unduly influence the
"The Chairman of the PLEB shall be elected from among its witnesses.
members. The term of office of the members of the PLEB shall be for
a period of three (3) years from assumption of office. Such member
Any superior who fails to act on any request for suspension without valid
shall hold office until his successor shall have been chosen and grounds shall be held administratively liable for serious neglect of duty.
qualified."
TITLE X
Section 69. Compensation and Benefits. Paragraph c, Section 43 of
TRANSITORY PROVISIONS
Republic Act No. 6975 shall be amended to read as follows:
Section 72. Transition. The provisions on the reorganization and the
"(c) Compensation. Membership in the PLEB is a civic duty.
civilianization of the PNP and the devolution of police capabilities to the local
However, PLEB members shall be paid per diem and shall be
police forces shall be effected within three (3) years after the effectivity of this
provided with life insurance coverage as may be determined by the
Act.
city or municipal council from city or municipal funds. The DILG shall
provide for the per diem and insurance coverage of PLEB members
in certain low income municipalities." TITLE XI
FINAL PROVISIONS
Section 70. Budget Allocation. The annual budget of the Local
Government Units (LGU) shall include an item and the corresponding Section 73. Rules and Regulations. Unless otherwise provided in this
appropriation for the maintenance and operation of their local PLEBs. Act, the Commission in coordination with the Philippine National Police and
the Department of the Interior and Local Government, shall promulgate rules
and regulations for the effective implementation of this Act. Such rules and
The Secretary shall submit a report to Congress and the President within
regulations shall take effect upon their publication in three (3) newspapers of
fifteen (15) days from the effectivity of this Act on the number of PLEBs
general circulation.
already organized as well as the LGUs still without PLEBs. Municipalities or
cities without a PLEB or with an insufficient number of organized PLEBs shall
have thirty (30) more days to organize their respective PLEBs. After such Section 74. Appropriations. The amount necessary to carry out the
period, the DILG and the Department of Budget and Management shall provisions of this Act is hereby authorized to be appropriated in the General
withhold the release of the LGU's share in the national taxes in cities and Appropriations Act of the year following its enactment into law and thereafter.
municipalities still without PLEB(s).
Section 75. Repealing Clause. All laws, presidential decrees, letters of
Section 71. Request for Preventive Suspension. The PLEB may ask instructions, executive orders, rules and regulations insofar as they are
any authorized superior to impose preventive suspension against a inconsistent with this Act, are hereby repealed or amended as the case may
subordinate police officer who is the subject of a complaint lasting up to a be.
Section 76. Separability Clause. In case any provision of this Act or any interpretation and application of policies, and the Secretary is unable to
portion thereof is declared unconstitutional by a competent court, other resolve the disagreement, he shall bring the matter to the President for
provisions shall not be affected thereby. resolution and direction;

Section 77. Effectivity Clause. This Act shall take effect after its complete (c) Government-owned or controlled corporations attached to a department
publication in at least three (3) newspapers of general circulation. shall submit to the Secretary concerned their audited financial statements
within sixty (60) days after the close of the fiscal year; and
Approved: February 25, 1998
(d) Pending submission of the required financial statements, the corporation
shall continue to operate on the basis of the preceding year's budget until the
financial statements shall have been submitted. Should any government-
EXECUTIVE ORDER NO. 292 (1987) owned or controlled corporation incur an operation deficit at the close of its
fiscal year, it shall be subject to administrative supervision of the department;
and the corporation's operating and capital budget shall be subject to the
INSTITUTING THE "ADMINISTRATIVE CODE OF 1987" department's examination, review, modification and approval.

BOOK IV

THE EXECUTIVE BRANCH

CHAPTER 7
ADMINISTRATIVE RELATIONSHIP

Section 38. Definition of Administrative Relationship. - Unless otherwise


expressly stated in the Code or in other laws defining the special
relationships of particular agencies, administrative relationships shall be
categorized and defined as follows:

(3) Attachment.

(a) This refers to the lateral relationship between the department or its
equivalent and the attached agency or corporation for purposes of policy and
program coordination. The coordination may be accomplished by having the
department represented in the governing board of the attached agency or
corporation, either as chairman or as a member, with or without voting rights,
if this is permitted by the charter; having the attached corporation or agency
comply with a system of periodic reporting which shall reflect the progress of
programs and projects; and having the department or its equivalent provide
general policies through its representative in the board, which shall serve as
the framework for the internal policies of the attached corporation or agency;

(b) Matters of day-to-day administration or all those pertaining to internal


operations shall be left to the discretion or judgment of the executive officer
of the agency or corporation. In the event that the Secretary and the head of
the board or the attached agency or corporation strongly disagree on the
Republic Act No. 9285 April 2, 2004 nonaccredited individuals to act as mediator, conciliator, arbitrator, or
neutral evaluator of their dispute.
AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE
DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES AND TO Whenever reffered to in this Act, the term "ADR practitioners" shall
ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION, refer to individuals acting as mediator, conciliator, arbitrator or
AND FOR OTHER PURPOSES neutral evaluator;

Be it enacted by the Senate and House of Representatives of the Philippines (c) "Authenticate" means to sign, execute or adopt a symbol, or
in Congress assembled: encrypt a record in whole or in part, intended to identity the
authenticating party and to adopt, accept or establish the authenticity
CHAPTER 1 - GENERAL PROVISIONS of a record or term;

SECTION 1. Title. - This act shall be known as the "Alternative Dispute (d) "Arbitration" means a voluntary dispute resolution process in
Resolution Act of 2004." which one or more arbitrators, appointed in accordance with the
agreement of the parties, or rules promulgated pursuant to this Act,
SEC. 2. Declaration of Policy. - it is hereby declared the policy of the State resolve a dispute by rendering an award;
to actively promote party autonomy in the resolution of disputes or the
freedom of the party to make their own arrangements to resolve their (e) "Arbitrator" means the person appointed to render an award,
disputes. Towards this end, the State shall encourage and actively promote alone or with others, in a dispute that is the subject of an arbitration
the use of Alternative Dispute Resolution (ADR) as an important means to agreement;
achieve speedy and impartial justice and declog court dockets. As such, the
State shall provide means for the use of ADR as an efficient tool and an (f) "Award" means any partial or final decision by an arbitrator in
alternative procedure for the resolution of appropriate cases. Likewise, the resolving the issue in a controversy;
State shall enlist active private sector participation in the settlement of
disputes through ADR. This Act shall be without prejudice to the adoption by (g) "Commercial Arbitration" An arbitration is "commercial if it covers
the Supreme Court of any ADR system, such as mediation, conciliation, matter arising from all relationships of a commercial nature, whether
arbitration, or any combination thereof as a means of achieving speedy and contractual or not;
efficient means of resolving cases pending before all courts in the Philippines
which shall be governed by such rules as the Supreme Court may approve
(h) "Confidential information" means any information, relative to the
from time to time.
subject of mediation or arbitration, expressly intended by the source
not to be disclosed, or obtained under circumstances that would
SEC. 3. Definition of Terms. - For purposes of this Act, the term: create a reasonable expectation on behalf of the source that the
information shall not be disclosed. It shall include (1) communication,
(a) "Alternative Dispute Resolution System" means any process or oral or written, made in a dispute resolution proceedings, including
procedure used to resolve a dispute or controversy, other than by any memoranda, notes or work product of the neutral party or non-
adjudication of a presiding judge of a court or an officer of a party participant, as defined in this Act; (2) an oral or written
government agency, as defined in this Act, in which a neutral third statement made or which occurs during mediation or for purposes of
party participates to assist in the resolution of issues, which includes considering, conducting, participating, initiating, continuing of
arbitration, mediation, conciliation, early neutral evaluation, mini-trial, reconvening mediation or retaining a mediator; and (3) pleadings,
or any combination thereof; motions manifestations, witness statements, reports filed or
submitted in an arbitration or for expert evaluation;
(b) "ADR Provider" means institutions or persons accredited as
mediator, conciliator, arbitrator, neutral evaluator, or any person (i) "Convention Award" means a foreign arbitral award made in a
exercising similar functions in any Alternative Dispute Resolution Convention State;
system. This is without prejudice to the rights of the parties to choose
(j) "Convention State" means a State that is a member of the New (t) "Mediation-Arbitration" or Med-Arb is a step dispute resolution
York Convention; process involving both mediation and arbitration;

(k) "Court" as referred to in Article 6 of the Model Law shall mean a (u) "Mini-Trial" means a structured dispute resolution method in
Regional Trial Court; which the merits of a case are argued before a panel comprising
senior decision makers with or without the presence of a neutral third
(l) "Court-Annexed Mediation" means any mediation process person after which the parties seek a negotiated settlement;
conducted under the auspices of the court, after such court has
acquired jurisdiction of the dispute; (v) "Model Law" means the Model Law on International Commercial
Arbitration adopted by the United Nations Commission on
(m) "Court-Referred Mediation" means mediation ordered by a court International Trade Law on 21 June 1985;
to be conducted in accordance with the Agreement of the Parties
when as action is prematurely commenced in violation of such (w) "New York Convention" means the United Nations Convention on
agreement; the Recognition and Enforcement of Foreign Arbitral Awards
approved in 1958 and ratified by the Philippine Senate under Senate
(n) "Early Neutral Evaluation" means an ADR process wherein Resolution No. 71;
parties and their lawyers are brought together early in a pre-trial
phase to present summaries of their cases and receive a nonbinding (x) "Non-Convention Award" means a foreign arbitral award made in
assessment by an experienced, neutral person, with expertise in the a State which is not a Convention State;
subject in the substance of the dispute;
(y) "Non-Convention State" means a State that is not a member of
(o) "Government Agency" means any government entity, office or the New York Convention.
officer, other than a court, that is vested by law with quasi-judicial
power to resolve or adjudicate dispute involving the government, its (z) "Non-Party Participant" means a person, other than a party or
agencies and instrumentalities, or private persons; mediator, who participates in a mediation proceeding as a witness,
resource person or expert;
(p) "International Party" shall mean an entity whose place of
business is outside the Philippines. It shall not include a domestic (aa) "Proceeding" means a judicial, administrative, or other
subsidiary of such international party or a coventurer in a joint adjudicative process, including related pre-hearing motions,
venture with a party which has its place of business in the conferences and discovery;
Philippines.
(bb) "Record" means an information written on a tangible medium or
The term foreigner arbitrator shall mean a person who is not a stored in an electronic or other similar medium, retrievable form; and
national of the Philippines.
(cc) "Roster" means a list of persons qualified to provide ADR
(q) "Mediation" means a voluntary process in which a mediator, services as neutrals or to serve as arbitrators.
selected by the disputing parties, facilitates communication and
negotiation, and assist the parties in reaching a voluntary agreement SEC. 4. Electronic Signatures in Global and E-Commerce Act. - The
regarding a dispute.
provisions of the Electronic Signatures in Global and E-Commerce Act, and
its implementing Rules and Regulations shall apply to proceeding
(r) "Mediator" means a person who conducts mediation; contemplated in this Act.

(s) "Mediation Party" means a person who participates in a mediation SEC. 5. Liability of ADR Provider and Practitioner. - The ADR providers
and whose consent is necessary to resolve the dispute; and practitioners shall have the same civil liability for the Acts done in the
performance of then duties as that of public officers as provided in Section 38 disclose confidential information obtained during mediation: (1) the
(1), Chapter 9, Book of the Administrative Code of 1987. parties to the dispute; (2) the mediator or mediators; (3) the counsel
for the parties; (4) the nonparty participants; (5) any persons hired or
SEC. 6. Exception to the Application of this Act. - The provisions of this engaged in connection with the mediation as secretary,
Act shall not apply to resolution or settlement of the following: (a) labor stenographer, clerk or assistant; and (6) any other person who
disputes covered by Presidential Decree No. 442, otherwise known as the obtains or possesses confidential information by reason of his/her
Labor Code of the Philippines, as amended and its Implementing Rules and profession.
Regulations; (b) the civil status of persons; (c) the validity of a marriage; (d)
any ground for legal separation; (e) the jurisdiction of courts; (f) future (e) The protections of this Act shall continue to apply even of a
legitime; (g) criminal liability; and (h) those which by law cannot be mediator is found to have failed to act impartially.
compromised.
(f) a mediator may not be called to testify to provide information
CHAPTER 2 - MEDIATION gathered in mediation. A mediator who is wrongfully subpoenaed
shall be reimbursed the full cost of his attorney's fees and related
SEC. 7. Scope. - The provisions of this Chapter shall cover voluntary expenses.
mediation, whether ad hoc or institutional, other than court-annexed. The
term "mediation' shall include conciliation. SEC. 10. Waiver of Confidentiality. - A privilege arising from the
confidentiality of information may be waived in a record, or orally during a
SEC. 8. Application and Interpretation. - In applying construing the proceeding by the mediator and the mediation parties.
provisions of this Chapter, consideration must be given to the need to
promote candor or parties and mediators through confidentiality of the A privilege arising from the confidentiality of information may likewise be
mediation process, the policy of fostering prompt, economical, and amicable waived by a nonparty participant if the information is provided by such
resolution of disputes in accordance with the principles of integrity of nonparty participant.
determination by the parties, and the policy that the decision-making
authority in the mediation process rests with the parties. A person who discloses confidential information shall be precluded from
asserting the privilege under Section 9 of this Chapter to bar disclosure of the
SEC. 9. Confidentiality of Information. - Information obtained through rest of the information necessary to a complete understanding of the
mediation proceedings shall be subject to the following principles and previously disclosed information. If a person suffers loss or damages in a
guidelines: judicial proceeding against the person who made the disclosure.

(a) Information obtained through mediation shall be privileged and A person who discloses or makes a representation about a mediation is
confidential. preclude from asserting the privilege under Section 9, to the extent that the
communication prejudices another person in the proceeding and it is
(b) A party, a mediator, or a nonparty participant may refuse to necessary for the person prejudiced to respond to the representation of
disclose and may prevent any other person from disclosing a disclosure.
mediation communication.
SEC. 11. Exceptions to Privilege. -
(c) Confidential Information shall not be subject to discovery and
shall be inadmissible if any adversarial proceeding, whether judicial (a) There is no privilege against disclosure under Section 9 if
or quasi-judicial, However, evidence or information that is otherwise mediation communication is:
admissible or subject to discovery does not become inadmissible or
protected from discovery solely by reason of its use in a mediation. (1) in an agreement evidenced by a record authenticated by
all parties to the agreement;
(d) In such an adversarial proceeding, the following persons involved
or previously involved in a mediation may not be compelled to
(2) available to the public or that is made during a session of (d) If a mediation communication is not privileged under an exception
a mediation which is open, or is required by law to be open, in subsection (a) or (b), only the portion of the communication
to the public; necessary for the application of the exception for nondisclosure may
be admitted. The admission of particular evidence for the limited
(3) a threat or statement of a plan to inflict bodily injury or purpose of an exception does not render that evidence, or any other
commit a crime of violence; mediation communication, admissible for any other purpose.

(4) internationally used to plan a crime, attempt to commit, or SEC. 12. Prohibited Mediator Reports. - A mediator may not make a
commit a crime, or conceal an ongoing crime or criminal report, assessment, evaluation, recommendation, finding, or other
activity; communication regarding a mediation to a court or agency or other authority
that make a ruling on a dispute that is the subject of a mediation, except:
(5) sought or offered to prove or disprove abuse, neglect,
abandonment, or exploitation in a proceeding in which a (a) Where the mediation occurred or has terminated, or where a
public agency is protecting the interest of an individual settlement was reached.
protected by law; but this exception does not apply where a
child protection matter is referred to mediation by a court or (b) As permitted to be disclosed under Section 13 of this Chapter.
a public agency participates in the child protection mediation;
SEC. 13. Mediator's Disclosure and Conflict of Interest. - The mediation
(6) sought or offered to prove or disprove a claim or shall be guided by the following operative principles:
complaint of professional misconduct or malpractice filed
against mediator in a proceeding; or (a) Before accepting a mediation, an individual who is requested to
serve as a mediator shall:
(7) sought or offered to prove or disprove a claim of
complaint of professional misconduct of malpractice filed (1) make an inquiry that is reasonable under the
against a party, nonparty participant, or representative of a circumstances to determinate whether there are any known
party based on conduct occurring during a mediation. facts that a reasonable individual would consider likely to
affect the impartiality of the mediator, including a financial or
(b) There is no privilege under Section 9 if a court or administrative personal interest in the outcome of the mediation and any
agency, finds, after a hearing in camera, that the party seeking existing or past relationship with a party or foreseeable
discovery of the proponent of the evidence has shown that the participant in the mediation; and
evidence is not otherwise available, that there is a need for the
evidence that substantially outweighs the interest in protecting (2) disclosure to the mediation parties any such fact known
confidentiality, and the mediation communication is sought or offered or learned as soon as is practical before accepting a
in: mediation.

(1) a court proceeding involving a crime or felony; or (b) If a mediation learns any fact described in paragraph (a) (1) of
this section after accepting a mediation, the mediator shall disclose it
(2) a proceeding to prove a claim or defense that under the as soon as practicable.
law is sufficient to reform or avoid a liability on a contract
arising out of the mediation. At the request of a mediation party, an individual who is requested to serve
as mediator shall disclose his/her qualifications to mediate a dispute.
(c) A mediator may not be compelled to provide evidence of a
mediation communication or testify in such proceeding.
This Act does not require that a mediator shall have special qualifications by place where one of the parties resides. Where there is a need to
background or profession unless the special qualifications of a mediator are enforce the settlement agreement, a petition may be filed by any of
required in the mediation agreement or by the mediation parties. the parties with the same court, in which case, the court shall
proceed summarily to hear the petition, in accordance with such
SEC. 14. Participation in Mediation. - Except as otherwise provided in this rules of procedure as may be promulgated by the Supreme Court.
Act, a party may designate a lawyer or any other person to provide
assistance in the mediation. A lawyer of this right shall be made in writing by (d) The parties may agree in the settlement agreement that the
the party waiving it. A waiver of participation or legal representation may be mediator shall become a sole arbitrator for the dispute and shall treat
rescinded at any time. the settlement agreement as an arbitral award which shall be subject
to enforcement under Republic Act No. 876, otherwise known as the
SEC. 15. Place of Mediation. - The parties are free to agree on the place of Arbitration Law, notwithstanding the provisions of Executive Order
mediation. Failing such agreement, the place of mediation shall be any place No. 1008 for mediated dispute outside of the CIAC.
convenient and appropriate to all parties.
CHAPTER 3 - OTHER ADR FORMS
SEC. 16. Effect of Agreement to Submit Dispute to Mediation Under
Institutional Rules. - An agreement to submit a dispute to mediation by any SEC. 18. Referral of Dispute to other ADR Forms. - The parties may agree
institution shall include an agreement to be bound by the internal mediation to refer one or more or all issues arising in a dispute or during its pendency
and administrative policies of such institution. Further, an agreement to to other forms of ADR such as but not limited to (a) the evaluation of a third
submit a dispute to mediation under international mediation rule shall be person or (b) a mini-trial, (c) mediation-arbitration, or a combination thereof.
deemed to include an agreement to have such rules govern the mediation of
the dispute and for the mediator, the parties, their respective counsel, and For purposes of this Act, the use of other ADR forms shall be governed by
nonparty participants to abide by such rules. Chapter 2 of this Act except where it is combined with arbitration in which
case it shall likewise be governed by Chapter 5 of this Act.
In case of conflict between the institutional mediation rules and the provisions
of this Act, the latter shall prevail. CHAPTER 4 - INTERNATIONAL COMMERCIAL ARBITRATION

SEC. 17. Enforcement of Mediated Settlement Agreement. - The SEC. 19. Adoption of the Model Law on International Commercial
mediation shall be guided by the following operative principles: Arbitration. - International commercial arbitration shall be governed by the
Model Law on International Commercial Arbitration (the "Model Law")
(a) A settlement agreement following successful mediation shall be adopted by the United Nations Commission on International Trade Law on
prepared by the parties with the assistance of their respective June 21, 1985 (United Nations Document A/40/17) and recommended
counsel, if any, and by the mediator. approved on December 11, 1985, copy of which is hereto attached as
Appendix "A".
The parties and their respective counsels shall endeavor to make the
terms and condition thereof complete and make adequate provisions SEC. 20. Interpretation of Model Law. - In interpreting the Model Law,
for the contingency of breach to avoid conflicting interpretations of regard shall be had to its international origin and to the need for uniformity in
the agreement. its interpretation and resort may be made to the travaux preparatories and
the report of the Secretary General of the United Nations Commission on
(b) The parties and their respective counsels, if any, shall sign the International Trade Law dated March 25, 1985 entitled, "International
settlement agreement. The mediator shall certify that he/she Commercial Arbitration: Analytical Commentary on Draft Trade identified by
explained the contents of the settlement agreement to the parties in reference number A/CN. 9/264."
a language known to them.
SEC. 21. Commercial Arbitration. - An arbitration is "commercial" if it
(c) If the parties so desire, they may deposit such settlement covers matters arising from all relationships of a commercial nature, whether
agreement with the appropriate Clerk of a Regional Trial Court of the contractual or not. Relationships of a transactions: any trade transaction for
the supply or exchange of goods or services; distribution agreements; arbitration rules for the selection and appointment of arbitrators. In ad hoc
construction of works; commercial representation or agency; factoring; arbitration, the default appointment of an arbitrator shall be made by the
leasing, consulting; engineering; licensing; investment; financing; banking; National President of the Integrated Bar of the Philippines (IBP) or his duly
insurance; joint venture and other forms of industrial or business cooperation; authorized representative.
carriage of goods or passengers by air, sea, rail or road.
SEC. 27. What Functions May be Performed by Appointing Authority. -
SEC. 22. Legal Representation in International Arbitration. - In The functions referred to in Articles 11(3), 11(4), 13(3) and 14(1) of the
international arbitration conducted in the Philippines, a party may be Model Law shall be performed by the Appointing Authority, unless the latter
presented by any person of his choice. Provided, that such representative, shall fail or refuse to act within thirty (30) days from receipt of the request in
unless admitted to the practice of law in the Philippines, shall not be which case the applicant may renew the application with the Court.
authorized to appear as counsel in any Philippine court, or any other quasi-
judicial body whether or not such appearance is in relation to the arbitration SEC. 28. Grant of Interim Measure of Protection. -
in which he appears.
(a) It is not incompatible with an arbitration agreement for a party to
SEC. 23. Confidential of Arbitration Proceedings. - The arbitration request, before constitution of the tribunal, from a Court an interim
proceedings, including the records, evidence and the arbitral award, shall be measure of protection and for the Court to grant such measure. After
considered confidential and shall not be published except (1) with the constitution of the arbitral tribunal and during arbitral proceedings, a
consent of the parties, or (2) for the limited purpose of disclosing to the court request for an interim measure of protection or modification thereof,
of relevant documents in cases where resort to the court is allowed herein. may be made with the arbitral tribunal or to the extent that the arbitral
Provided, however, that the court in which the action or the appeal is pending tribunal has no power to act or is unable to act effectively, the
may issue a protective order to prevent or prohibit disclosure of documents request may be made with the Court. The arbitral tribunal is deemed
or information containing secret processes, developments, research and constituted when the sole arbitrator or the third arbitrator who has
other information where it is shown that the applicant shall be materially been nominated, has accepted the nomination and written
prejudiced by an authorized disclosure thereof. communication of said nomination and acceptance has been
received by the party making request.
SEC. 24. Referral to Arbitration. - A court before which an action is brought
in a matter which is the subject matter of an arbitration agreement shall, if at (b) The following rules on interim or provisional relief shall be
least one party so requests not later that the pre-trial conference, or upon the observed:
request of both parties thereafter, refer the parties to arbitration unless it
finds that the arbitration agreement is null and void, inoperative or incapable
(1) Any party may request that provision relief be granted
of being performed.
against the adverse party:

SEC. 25. Interpretation of the Act. - In interpreting the Act, the court shall
(2) Such relief may be granted:
have due regard to the policy of the law in favor of arbitration. Where action
is commenced by or against multiple parties, one or more of whom are
parties who are bound by the arbitration agreement although the civil action (i) to prevent irreparable loss or injury:
may continue as to those who are not bound by such arbitration agreement.
(ii) to provide security for the performance of any
SEC. 26. Meaning of "Appointing Authority.". - "Appointing Authority" as obligation;
used in the Model Law shall mean the person or institution named in the
arbitration agreement as the appointing authority; or the regular arbitration (iii) to produce or preserve any evidence; or
arbitration institution under whose rules the arbitration is agreed to be
conducted. Where the parties have agreed to submit their dispute to (iv) to compel any other appropriate act or omission.
institutional arbitration rules, and unless they have agreed to a different
procedure, they shall be deemed to have agreed to procedure under such
(3) The order granting provisional relief may be conditioned SEC. 31. Language of the Arbitration. - The parties are free to agree on
upon the provision of security or any act or omission the language or languages to be used in the arbitral proceedings. Failing
specified in the order. such agreement, the language to be used shall be English in international
arbitration, and English or Filipino for domestic arbitration, unless the arbitral
(4) Interim or provisional relief is requested by written tribunal shall determine a different or another language or languages to be
application transmitted by reasonable means to the Court or used in the proceedings. This agreement or determination, unless otherwise
arbitral tribunal as the case may be and the party against specified therein, shall apply to any written statement by a party, any hearing
whom the relief is sought, describing in appropriate detail the and any award, decision or other communication by the arbitral tribunal.
precise relief, the party against whom the relief is requested,
the grounds for the relief, and evidence supporting the The arbitral tribunal may order that any documentary evidence shall be
request. accompanied by a translation into the language or languages agreed upon
by the parties or determined in accordance with paragraph 1 of this section.
(5) The order shall be binding upon the parties.
CHAPTER 5 - DOMESTIC ARBITRATION
(6) Either party may apply with the Court for assistance in
Implementing or enforcing an interim measure ordered by an SEC. 32. Law Governing Domestic Arbitration. - Domestic arbitration shall
arbitral tribunal. continue to be governed by Republic Act No. 876, otherwise known as "The
Arbitration Law" as amended by this Chapter. The term "domestic arbitration"
(7) A party who does not comply with the order shall be as used herein shall mean an arbitration that is not international as defined in
liable for all damages resulting from noncompliance, Article (3) of the Model Law.
including all expenses, and reasonable attorney's fees, paid
in obtaining the order's judicial enforcement. SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13,
14, 18 and 19 and 29 to 32 of the Model Law and Section 22 to 31 of the
SEC. 29. Further Authority for Arbitrator to Grant Interim Measure of preceding Chapter 4 shall apply to domestic arbitration.
Protection. - Unless otherwise agreed by the parties, the arbitral tribunal
may, at the request of a party, order any party to take such interim measures CHAPTER 6 - ARBITRATION OF CONSTRUCTION DISPUTES
of protection as the arbitral tribunal may consider necessary in respect of the
subject matter of the dispute following the rules in Section 28, paragraph 2. SEC. 34. Arbitration of Construction Disputes: Governing Law. - The
Such interim measures may include but shall not be limited to preliminary arbitration of construction disputes shall be governed by Executive Order No.
injuction directed against a party, appointment of receivers or detention, 1008, otherwise known as the Constitution Industry Arbitration Law.
preservation, inspection of property that is the subject of the dispute in
arbitration. Either party may apply with the Court for assistance in SEC. 35. Coverage of the Law. - Construction disputes which fall within the
implementing or enforcing an interim measures ordered by an arbitral original and exclusive jurisdiction of the Construction Industry Arbitration
tribunal.
Commission (the "Commission") shall include those between or among
parties to, or who are otherwise bound by, an arbitration agreement, directly
SEC. 30. Place of Arbitration. - The parties are free to agree on the place of or by reference whether such parties are project owner, contractor,
arbitration. Failing such agreement, the place of arbitration shall be in Metro subcontractor, quantity surveyor, bondsman or issuer of an insurance policy
Manila, unless the arbitral tribunal, having regard to the circumstances of the in a construction project.
case, including the convenience of the parties shall decide on a different
place of arbitration.
The Commission shall continue to exercise original and exclusive jurisdiction
over construction disputes although the arbitration is "commercial" pursuant
The arbitral tribunal may, unless otherwise agreed by the parties, meet at to Section 21 of this Act.
any place it considers appropriate for consultation among its members, for
hearing witnesses, experts, or the parties, or for inspection of goods, other SEC. 36. Authority to Act as Mediator or Arbitrator. - By written
property or documents.
agreement of the parties to a dispute, an arbitrator may act as mediator and
a mediator may act as arbitrator. The parties may also agree in writing that, The confirmation of a domestic award shall be made by the regional trial
following a successful mediation, the mediator shall issue the settlement court in accordance with the Rules of Procedure to be promulgated by the
agreement in the form of an arbitral award. Supreme Court.

SEC. 37. Appointment of Foreign Arbitrator. - The Construction Industry A CIAC arbitral award need not be confirmed by the regional trial court to be
Arbitration Commission (CIAC) shall promulgate rules to allow for the executory as provided under E.O. No. 1008.
appointment of a foreign arbitrator or coarbitrator or chairman of a tribunal a
person who has not been previously accredited by CIAC: Provided, That: SEC. 41. Vacation Award. - A party to a domestic arbitration may question
the arbitral award with the appropriate regional trial court in accordance with
(a) the dispute is a construction dispute in which one party is an the rules of procedure to be promulgated by the Supreme Court only on
international party those grounds enumerated in Section 25 of Republic Act No. 876. Any other
ground raised against a domestic arbitral award shall be disregarded by the
(b) the person to be appointed agreed to abide by the arbitration regional trial court.
rules and policies of CIAC;
B. FOREIGN ARBITRAL AWARDS
(c) he/she is either coarbitrator upon the nomination of the
international party; or he/she is the common choice of the two CIAC- SEC. 42. Application of the New York Convention. - The New York
accredited arbitrators first appointed one of whom was nominated by Convention shall govern the recognition and enforcement of arbitral awards
the international party; and covered by the said Convention.

(d) the foreign arbitrator shall be of different nationality from the The recognition and enforcement of such arbitral awards shall be filled with
international party. regional trial court in accordance with the rules of procedure to be
promulgated by the Supreme Court. Said procedural rules shall provide that
SEC. 38. Applicability to Construction Arbitration. - The provisions of the party relying on the award or applying for its enforcement shall file with
Sections 17 (d) of Chapter 2, and Section 28 and 29 of this Act shall apply to the court the original or authenticated copy of the award and the arbitration
arbitration of construction disputes covered by this Chapter. agreement. If the award or agreement is not made in any of the official
languages, the party shall supply a duly certified translation thereof into any
SEC. 39. Court to Dismiss Case Involving a Construction Dispute. - A of such languages.
regional trial court which a construction dispute is filed shall, upon becoming
aware, not later than the pretrial conference, that the parties had entered into The applicant shall establish that the country in which foreign arbitration
an arbitration to be conducted by the CIAC, unless both parties, assisted by award was made is a party to the New York Convention.
their respective counsel, shall submit to the regional trial court a written
agreement exclusive for the Court, rather than the CIAC, to resolve the If the application for rejection or suspension of enforcement of an award has
dispute. been made, the regional trial court may, if it considers it proper, vacate its
decision and may also, on the application of the party claiming recognition or
CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL AWARDS enforcement of the award, order the party to provide appropriate security.

A. DOMESTIC AWARDS SEC. 43. Recognition and Enforcement of Foreign Arbitral Awards Not
Covered by the New York Convention. - The recognition and enforcement
SEC. 40. Confirmation of Award. - The confirmation of a domestic arbitral of foreign arbitral awards not covered by the New York Convention shall be
award shall be governed by Section 23 of R.A. 876. done in accordance with procedural rules to be promulgated by the Supreme
Court. The Court may, grounds of comity and reciprocity, recognize and
enforce a nonconvention award as a convention award.
A domestic arbitral award when confirmed shall be enforced in the same
manner as final and executory decisions of the Regional Trial Court.
SEC. 44. Foreign Arbitral Award Not Foreign Judgment. - A foreign The notice shall be sent at least fifteen (15) days before the date set for the
arbitral award when confirmed by a court of a foreign country, shall be initial hearing of the application.
recognized and enforced as a foreign arbitral award and not a judgment of a
foreign court. CHAPTER 8 - MISCELLANEOUS PROVISIONS

A foreign arbitral award, when confirmed by the regional trial court, shall be SEC. 49. Office for Alternative Dispute Resolution. - There is hereby
enforced as a foreign arbitral award and not as a judgment of a foreign court. established the Office for Alternative Dispute Resolution as an attached
agency to the Department of Justice (DOJ) which shall have a Secretariat to
A foreign arbitral award, when confirmed by the regional trial court, shall be be headed by an executive director. The executive director shall be
enforced in the same manner as final and executory decisions of courts of appointed by the President of the Philippines.
law of the Philippines.
The objective of the office are:
SEC. 45. Rejection of a Foreign Arbitral Award. - A party to a foreign
arbitration proceeding may oppose an application for recognition and (a) to promote, develop and expand the use of ADR in the private
enforcement of the arbitral award in accordance with the procedural rules to and public sectors; and
be promulgated by the Supreme Court only on those grounds enumerated
under Article V of the New York Convention. Any other ground raised shall To assist the government to monitor, study and evaluate the use by the
be disregarded by the regional trial court. public and the private sector of ADR, and recommend to Congress needful
statutory changes to develop. Strengthen and improve ADR practices in
SEC. 46. Appeal from Court Decisions on Arbitral Awards. - A decision of accordance with world standards.
the regional trial court confirming, vacating, setting aside, modifying or
correcting an arbitral award may be appealed to the Court of Appeals in SEC. 50. Powers and Functions of the Office for Alternative Dispute
accordance with the rules of procedure to be promulgated by the Supreme Resolution. - The Office for Alternative Dispute Resolution shall have the
Court.
following powers and functions:

The losing party who appeals from the judgment of the court confirming an
(a) To formulate standards for the training of the ADR practitioners
arbitral award shall required by the appealant court to post counterbond and service providers;
executed in favor of the prevailing party equal to the amount of the award in
accordance with the rules to be promulgated by the Supreme Court.
(b) To certify that such ADR practitioners and ADR service providers
have undergone the professional training provided by the office;
SEC. 47. Venue and Jurisdiction. - Proceedings for recognition and
enforcement of an arbitration agreement or for vacation, setting aside,
correction or modification of an arbitral award, and any application with a (c) To coordinate the development, implementation, monitoring, and
court for arbitration assistance and supervision shall be deemed as special evaluation of government ADR programs;
proceedings and shall be filled with the regional trial court (i) where
arbitration proceedings are conducted; (ii) where the asset to be attached or (d) To charge fees for their services; and
levied upon, or the act to be enjoined is located; (iii) where any of the parties
to the dispute resides or has his place of business; or (iv) in the National (e) To perform such acts as may be necessary to carry into effect the
Judicial Capital Region, at the option of the applicant. provisions of this Act.

SEC. 48. Notice of Proceeding to Parties. - In a special proceeding for SEC. 51. Appropriations. - The amount necessary to carry out the
recognition and enforcement of an arbitral award, the Court shall send notice provisions of this Act shall be included in the General Appropriations Act of
to the parties at their address of record in the arbitration, or if any party the year following its enactment into law and thereafter.
cannot be served notice at such address, at such party's last known address.
SEC. 52. Implementing Rules and Regulations (IRR). - Within one (1) SEC. 56. Effectivity. - This act shall take effect fifteen days (15) after its
month after the approval of this Act, the secretary of justice shall convene a publication in at least two (2) national newspapers of general circulation.
committee that shall formulate the appropriate rules and regulations
necessary for the implementation of this Act. The committee, composed of
representatives from:

(a) the Department of Justice;

(b) the Department of Trade and Industry;

(c) the Department of the Interior and Local Government;

(d) the president of the Integrated Bar of the Philippines;

(e) A representative from the arbitration profession; and

(f) A representative from the mediation profession; and

(g) A representative from the ADR organizations

shall within three (3) months after convening, submit the IRR to the Joint
Congressional Oversight Committee for review and approval. The Oversight
Committee shall be composed of the chairman of the Senate Committee on
Justice and Human Rights, chairman of the House Committee on Justice,
and one (1) member each from the majority and minority of both Houses.

The Joint Oversight Committee shall become functus officio upon approval of
the IRR.

SEC. 53. Applicability of the Katarungan Pambarangay. - This Act shall


not be interpreted to repeal, amend or modify the jurisdiction of the
Katarungan Pambarangay under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991.

SEC. 54. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 55. Separability Clause. - If for any reason or reasons, any portion or
provision of this Act shall be held unconstitutional or invalid, all other parts or
provisions not affected shall thereby continue to remain in full force and
effect.
CIRCULAR NO. 14-93 July 15, 1993 5. Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each other
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, and the parties thereto agree to submit their differences to amicable
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS settlement by an appropriate Lupon;

SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY 6. Offenses for which the law prescribes a maximum penalty of imprisonment
CONCILIATION PROCEDURE TO PREVENT CIRCUMVENTION OF THE exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
REVISED KATARUNGANG PAMBARANGAY LAW (SECTIONS 399-422,
CHAPTER VII, TITLE I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS 7. Offenses where there is no private offended party;
THE LOCAL GOVERNMENT CODE OF 1991).
8. Disputes where urgent legal action is necessary to prevent injustice from
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise being committed or further continued, specifically the following:
known as the local Government Code of 1991, effective on January 1, 1992,
and which repealed P.D. 1508, introduced substantial changes not only in a. Criminal cases where accused is under police custody or detention (see
the authority granted to the Lupong Tagapamayapa but also in the procedure Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);
to be observed in the settlement of disputes within the authority of the Lupon.
b. Petitions for habeas corpus by a person illegally deprived of his rightful
In order that the laudable purpose of the law may not be subverted and its custody over another or a person illegally deprived or on acting in his behalf;
effectiveness undermined by indiscriminate, improper and/or premature
issuance of certifications to file actions in court by the Lupon or Pangkat
c. Actions coupled with provisional remedies such as preliminary injunction,
Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the
attachment, delivery of personal property and support during the pendency of
following guidelines are hereby issued for the information of trial court judges the action; and
in cases brought before them coming from the Barangays:
d. Actions which may be barred by the Statute of Limitations.
I. All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now
replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, 9. Any class of disputes which the President may determine in the interest of
Book IV, R.A. 7160, otherwise known as the Local Government Code of justice or upon the recommendation of the Secretary of Justice;
1991), and prior recourse thereto is a pre-condition before filing a complaint
in court or any government offices, except in the following disputes: 10. Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL) (Sec. 46 & 47, R.A. 6657);
1. Where one party is the government, or any subdivision or instrumentality
thereof; 11. Labor disputes or controversies arising from employer-employee
relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code,
2. Where one party is a public officer or employee, and the dispute relates to as amended, which grants original and exclusive jurisdiction over conciliation
the performance of his official functions; and mediation of disputes, grievances or problems to certain offices of the
Department of Labor and Employment);
3. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to 12. Actions to annul judgment upon a compromise which may be filed directly
amicable settlement by an appropriate Lupon; in court (See Sanchez vs. Tupaz, 158 SCRA 459).

4. Any complaint by or against corporations, partnership or juridical entities, II. Under the provisions of R.A. 7160 on Katarungang Pambarangay
since only individuals shall be parties to Barangay conciliation proceedings conciliation, as implemented by the Katarungang Pambarangay Rules and
either as complainants or respondents (Sec. 1, Rule VI, Katarungang Regulations promulgated by the Secretary of Justice, the certification for
Pambarangay Rules);
filing a complaint in court or any government office shall be issued by certification to file action attached to the records of the case comply with the
Barangay authorities only upon compliance with the following requirements: requirements hereinabove enumerated in par. II;

1. Issued by the Lupon Secretary and attested by the Lupon Chairman IV. A case filed in court without compliance with prior Barangay conciliation
(Punong Barangay), certifying that a confrontation of the parties has taken which is a pre-condition for formal adjudication (Sec. 412 [a] of the Revised
place and that a conciliation settlement has been reached, but the same has Katarungang Pambarangay Law) may be dismissed upon motion of
been subsequently repudiated (Sec. 412, Revised Katarungang defendant/s, not for lack of jurisdiction of the court but for failure to state a
Pambarangay Law; Sec. 2[h], Rule III, Katarungang Pambarangay Rules); cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales
vs. CA, 151 SCRA 289), or the court may suspend proceedings upon petition
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, of any party under Sec. 1, Rule 21 of the Rules of Court; and refer the
certifying that: case motu proprio to the appropriate Barangay authority, applying by analogy
Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which
a. a confrontation of the parties took place but no conciliation/settlement has reads as follows:
been reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules; or
The court in which non-criminal cases not falling within the authority of the
Lupon under this Code are filed may at any time before trial, motu
b. that no personal confrontation took place before the Pangkat through no
proprio refer case to the Lupon concerned for amicable settlement.
fault of the complainant (Sec. 4[f], Rule III, Katarungang Pambarangay
Rules).
Strict observance of these guidelines is enjoined. This Administrative Circular
shall be effective immediately.
3. Issued by the Punong Barangay, as requested by the proper party on the
ground of failure of settlement where the dispute involves members of the
same indigenous cultural community, which shall be settled in accordance Manila, Philippines. July 15, 1993.
with the customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute belong to the (Sgd.) ANDRES R. NARVASA
minority and the parties mutually agreed to submit their dispute to the Chief Justice
indigenous system of amicable settlement, and there has been no settlement
as certified by the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang Pambarangay
Rules); and

4. If mediation or conciliation efforts before the Punong Barangay proved


unsuccessful, there having been no agreement to arbitrate (Sec. 410 [b],
Revised Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III,
Katarungang Pambarangay Rules), or where the respondent fails to appear
at the mediation proceeding before the Punong Barangay (3rd par. Sec. 8, a,
Rule VI, Katarungang Pambarangay Rules), the Punong Barangay shall not
cause the issuance at this stage of a certification to file action, because it is
now mandatory for him to constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.

III. All complaints and/or informations filed or raffled to your sala/branch of


the Regional Trial Court shall be carefully read and scrutinized to determine if
there has been compliance with prior Barangay conciliation procedure under
the Revised Katarungang Pambarangay Law and its Implementing Rules and
Regulations, as a pre-condition to judicial action, particularly whether the
CHAPTER VIII (d) Create such bodies or committees as it may deem necessary to
Sangguniang Kabataan effectively carry out its programs and activities;

Section 423. Creation and Election. - (e) Submit annual and end-of-term reports to the sangguniang
barangay on their projects and activities for the survival and
(a) There shall be in every barangay a sangguniang kabataan to be development of the youth in the barangay;
composed of a chairman, seven (7) members, a secretary, and a
treasurer. (f) Consult and coordinate with all youth organizations in the
barangay for policy formulation and program implementation;
(b) A sangguniang kabataan official who, during his term of office,
shall have passed the age of twenty-one (21) years shall be allowed (g) Coordinate with the appropriate national agency for the
to serve the remaining portion of the term for which he was elected. implementation of youth development projects and programs at the
national level;
Section 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be
composed of all citizens of the Philippines actually residing in the barangay (h) Exercise such other powers and perform such other duties and
for at least six (6) months, who are fifteen (15) but not more than twenty-one functions as the sangguniang barangay may determine or delegate;
(21) years of age, and who are duly registered in the list of the sangguniang and
kabataan or in the official barangay list in the custody of the barangay
secretary. (i) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
Section 425. Meetings of the Katipunan ng Kabataan. - The katipunan ng
kabataan shall meet at least once every three (3) months, or at the call of the Section 427. Meetings of the Sangguniang Kabataan. - The sangguniang
chairman of the sangguniang kabataan or upon written petition of at least kabataan shall meet regularly once a month on the date, time, and place to
one-twentieth (1/20) of its members, to decide on important issues affecting be fixed by the said sanggunian. Special meetings may be called by the
the youth of the barangay. sangguniang kabataan chairman or any three (3) of its members by giving
written notice to all members of the date, time, place and agenda of the
Section 426. Powers and Functions of the Sangguniang Kabataan. - The meeting at least one (1) day in advance. Notices of regular or special
sangguniang kabataan shall: meetings shall be furnished the punong barangay and the sangguniang
barangay.
(a) Promulgate resolutions necessary to carry out the objectives of
the youth in the barangay in accordance with the applicable A majority of the members of the sangguniang kabataan shall constitute a
provisions of this Code; quorum.

(b) Initiate programs designed to enhance the social, political, Section 428. Qualifications. - An elective official of the sangguniang
economic, cultural, intellectual, moral, spiritual, and physical kabataan must be a citizen of the Philippines, a qualified voter of the
development of the members; katipunan ng kabataan, a resident of the barangay for at least one (1) year
immediately prior to election, at least fifteen (15) years but not more than
(c) Hold fund-raising activities, the proceeds of which shall be tax- twenty- one (21) years of age on the day of his election, able to read and
exempt and shall accrue to the general fund of the sangguniang write Filipino, English, or the local dialect, and must not have been convicted
kabataan: Provided, however, That in the appropriation thereof, the of any crime involving moral turpitude.
specific purpose for which such activity has been held shall be first
satisfied; Section 429. Term of Office. - The sangguniang kabataan chairman and
members shall hold office for a period of three (3) years, unless sooner
removed for cause as provided by law, permanently incapacitated, die or
resign from office.
Section 430. Sangguniang Kabataan Chairman. - The registered voters of (d) Perform such other duties and discharge such other functions as
the katipunan ng kabataan shall elect the chairman of the sangguniang the chairman of the sangguniang kabataan may prescribe or direct.
kabataan who shall automatically serve as an ex officio member of the
sangguniang barangay upon his assumption to office. As such, he shall Section 433. Sangguniang Kabataan Treasurer. - The sangguniang
exercise the same powers, discharge the same duties and functions, and kabataan treasurer shall:
enjoy the same privileges as the regular sangguniang barangay members,
and shall be the chairman of the committee on youth and sports development
(a) Take custody of all sangguniang kabataan property and funds not
in the said sanggunian. otherwise deposited with the city or municipal treasurer;

Section 431. Powers and Duties of the Sangguniang Kabataan Chairman. -


(b) Collect and receive contributions, monies, materials, and all other
In addition to the duties which may be assigned to him by the sangguniang
sources intended for the sangguniang kabataan and katipunan ng
barangay, the sangguniang kabataan chairman shall:
kabataan;

(a) Call and preside over all meetings of the katipunan ng kabataan
(c) Disburse funds in accordance with an approved budget of the
and the sangguniang kabataan;
sangguniang kabataan;

(b) Implement policies, programs, and projects within his jurisdiction (d) Certify to the availability of funds whenever necessary;
in coordination with the sangguniang barangay;
(e) Submit to the sangguniang kabataan and to the sangguniang
(c) Exercise general supervision over the affairs and activities of the
barangay certified and detailed statements of actual income and
sangguniang kabataan and the official conduct of its members, and
expenditures at the end of every month; and
such other officers of the sangguniang kabataan within his
jurisdiction;
(f) Perform such other duties and discharge such other functions as
the chairman of the sangguniang kabataan may direct.
(d) With the concurrence of the sangguniang kabataan, appoint from
among the members of the sangguniang kabataan, the secretary
and treasurer and such other officers as may be deemed necessary; Section 434. Privileges of Sangguniang Kabataan Officials. - The
and sangguniang kabataan chairman shall have the same privileges enjoyed by
other sangguniang barangay officials under this Code subject to such
requirements and limitations provided herein. During their incumbency,
(e) Exercise such other powers and perform such other duties and
sangguniang kabataan officials shall be exempt from payment of tuition and
functions as may be prescribed by law or ordinance. matriculation fees while enrolled in public tertiary schools, including state
colleges and universities. The national government shall reimburse said
Section 432. Sangguniang Kabataan Secretary. - The sangguniang college or university the amount of the tuition and matriculation fees:
kabataan secretary shall: Provided, That, to qualify for the privilege, the said officials shall enroll in a
state college or university within or nearest their area of jurisdiction.
(a) Keep all records of the katipunan ng kabataan and sangguniang
kabataan; Section 435. Succession and Filling of Vacancies. -

(b) Prepare and keep the minutes of all meetings of the katipunan ng (a) In case a sangguniang kabataan chairman refuses to assume
kabataan and sangguniang kabataan; office, fails to qualify, is convicted of a felony, voluntarily resigns,
dies, is permanently incapacitated, is removed from office, or has
(c) Prepare all forms necessary for the conduct of registrations, been absent without leave for more than three (3) consecutive
elections, initiatives, referenda, or plebiscites, in coordination with months, the sangguniang kabataan member who obtained the next
the barangay secretary and the COMELEC; and highest number of votes in the election immediately preceding shall
assume the office of the chairman for the unexpired portion of the (5) on the national level pambansang pederasyon ng mga
term, and shall discharge the powers and duties, and enjoy the rights sangguniang kabataan.
and privileges appurtenant to the office. In case the said member
refuses to assume the position or fails to qualify, the sangguniang (b) The pederasyon ng mga sangguniang kabataan shall, at all
member obtaining the next highest number of votes shall assume the levels, elect from among themselves the president, vice- president
position of the chairman for the unexpired portion of the term. and such other officers as may be necessary and shall be organized
in the following manner:
(b) Where two (2) or more sangguniang kabataan members obtained
the same next highest number of votes, the other sangguniang (1) The panlungsod and pambayang pederasyon shall be
kabataan members shall conduct an election to choose the composed of the sangguniang kabataan chairmen of
successor to the chairman from among the said members. barangays in the city or municipality, respectively;

(c) After the vacancy shall have been filled, the sangguniang (2) The panlalawigang pederasyon shall be composed of
kabataan chairman shall call a special election to complete the presidents of the panlungsod and pambayang pederasyon;
membership of said sanggunian. Such sangguniang kabataan
member shall hold office for the unexpired portion of the term of the
(3) The pangmetropolitang pederasyon shall be composed
vacant seat.
of presidents of the panlungsod and pambayan pederasyon;

(d) In case of suspension of the sangguniang kabataan chairman,


(c) The elected presidents of the pederasyon at the provincial, highly
the successor, as determined in subsections (a) and (b) of this
urbanized city, and metropolitan political subdivision levels shall
Section shall assume the position during the period of such
constitute the pambansang katipunan ng mga sangguniang
suspension.
kabataan.

CHAPTER IX
Section 437. Constitution and By-Laws. - The term of office, manner of
Pederasyon ng mga Sangguniang Kabataan
election, removal and suspension of the officers of the pederasyon ng mga
sangguniang kabataan at all levels shall be governed by the constitution and
Section 436. Pederasyon ng mga Kabataan. - by-laws of the pederasyon in conformity with the provisions of this Code and
national policies on youth.
(a) There shall be an organization of all the pederasyon ng mga
sangguniang kabataan to be known as follows: Section 438. Membership in the Sanggunian. -

(1) in municipalities pambayang pederasyon ng mga (a) A sangguniang kabataan chairman shall, upon certification of his
sangguniang kabataan; election by the COMELEC and during his tenure of office is elected
as pederasyon president, serve as an ex-officio member of the
(2) in cities, panlungsod na pederasyon ng mga sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang kabataan; sangguniang bayan, as the case may be, without need of further
appointment.
(3) in provinces, panlalawigang pederasyon ng mga
kabataan; (b) The vice-president of the pederasyon whose president has been
elected as president of a higher pederasyon shall serve as ex-officio
(4) in special metropolitan political subdivisions, member of the sanggunian concerned without need of further
pangmetropolitan pederasyon ng mga sangguniang appointment.
kabataan; and
(c) The pederasyon president or vice-president, as the case may be,
shall be the chairman of the committee on youth and sports
development of the sanggunian concerned.

CHAPTER X
Linggo ng Kabataan

Section 439. Observance of Linggo ng Kabataan. -

(a) Every barangay, municipality, city and province shall, in


coordination with the pederasyon ng mga sangguniang kabataan at
all levels, conduct an annual activity to be known as the Linggo ng
Kabataan on such date as shall be determined by the Office of the
President.

(b) The observance of the Linggo ng Kabataan shall include the


election of the counterparts of all local elective and appointive
officials, as well as heads of national offices or agencies stationed or
assigned in the territorial jurisdiction of the local government unit,
among in-school and community youth residing in the local
government unit concerned from ages thirteen (13) to seventeen
(17). During said week, they shall hold office as boy and girl officials
and shall perform such duties and conduct such activities as may be
provided in the ordinance enacted pursuant to this Chapter.
Republic Act No. 7808
Republic Act 8044
AN ACT RESETTING THE ELECTIONS OF SANGGUNIANG KABATAAN The Youth in Nation-Building Act
OFFICIALS TO
THE FIRST MONDAY OF MAY 1996, AND EVERY THREE (3) YEARS An act creating the National Youth Commission, establishing a National
THEREAFTER, Comprehensive and Coordinated Program on Youth Development,
Appropriating Funds Therefore, and for Other Purposes.
AMENDING FOR THE PURPOSE SECTION 532(a) OF REPUBLIC ACT
NO. 7160, SEC. 10. Functions of the Commission. - The Commission shall have the
OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991." following functions:
Date: 02 September 1994
(a) To formulate and initiate the national policy or policies on youth;
SECTION 1. Section 532(a) of Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, is hereby amended to read as follows: (b) To plan, implement, and oversee a national integrated youth promotion
"Sec. 532. Elections for the Sangguniang Kabataan. - and development program;

"(a) The first elections for the sangguniang kabataan to be conducted under (c) To establish a consultative mechanism which shall provide a forum for
this Code shall be held thirty (30) days after the next local elections: Provided, continuing dialogue between the government and the youth sector on the
That, the regular elections for the sangguniang kabataan shall be held on the proper planning and evaluation of policies, programs and projects affecting
first Monday of May 1996: Provided, further, That the succeeding regular the youth, convening for the purpose, representatives of all youth
elections for the sangguniang kabataan shall be held every three (3) years organizations and institutions, including the Sangguniang Kabataan from
thereafter: Provided, finally, That the national, special metropolitan, provincial, barangay, municipal, city, provincial, and national levels;
city and municipal federations of the sangguniang kabataan shall conduct the
election of their respective officers thirty (30) days after the May 1996 (d) To assist and coordinate with governmental and non- governmental
sangguniang kabataan elections on dates to be scheduled by the Commission organizations or institutions in the implementation of all laws, policies,
on Elections. programs and projects relative to youth promotion and development.
"The conduct of the sangguniang kabataan elections shall be under the
(e) To seek or request the assistance and support of any government
supervision of the Commission on Elections.
agency, office or instrumentality including government-owned or controlled
"The Omnibus Election Code shall govern the elections of the sangguniang corporations, local government units as well as non- governmental
kabataan." organizations or institutions in pursuance of its policies, programs and
Sec. 2. All laws, decrees, orders or administrative rules and regulations or any projects;
part thereof which may be inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly. (f) To conduct scientific, interdisciplinary and policy-oriented researches and
Sec. 3. This Act shall take effect immediately after its publication in at least studies on youth-related matters, as well as trainings, seminars and
two (2) national newspapers of general circulation. workshops that will enhance the skills and leadership potentials of the youth,
Approved: September 2, 1994. instilling in them nationalism and patriotism, with particular emphasis on
Filipino culture and values.

(g) To establish and maintain linkages with international youth and youth-
serving organizations or institutions and counterpart agencies of foreign
governments in order to facilitate and ensure the participation of the Filipino
youth in international functions and affairs;

(h) To administer youth exchange programs as well as the monitor and


coordinate all foreign-sponsored youth programs and projects such as the
Ship for Southeast Asian Youth Program and other similar exchanges and
goodwill missions;

(i) To establish such organizational structures including regional offices, as


maybe required to effectively carry out its functions;

(j) To conduct promotion and fund-raising campaigns in accordance with


existing laws;

(k) To allocate resources for the implementation of youth programs and


projects;

(l) To extend and provide support or assistance to deserving youth and youth
organizations including scholarship grants;

(m) To register, establish and/or facilitate and help in the establishment of


youth organizations and youth-serving organizations;

(n) To participate in international youth fora, symposia and organizations


such as the International Youth Forum, Asian Youth Council, ASEAN Youth
Forum, United Nations Commission for International Youth Year (IYY) and
other similar bodies;

(o) To provide training and a national secretariat for the Sangguniang


Kabataan National Federation pursuant to R.A. No. 7160, otherwise known
as the Local Government Code;

(p) To submit an annual report on the implementation of this Act to the


President and to Congress; and

(q) To perform such other functions as may be necessary to effectively and


efficiently carry out the provisions of this Act.