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