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RA 6975 CHAPTER I

Section 4–129 provisions

The Department of the Interior and Local Government.

Section 4

SEC. 4. The Department of the Interior and Local Government. — To carry out the policies and purposes of this Act, the Department of Local Government is hereby reorganized into the Department of the Interior and Local Government, hereinafter referred to as the Department, in accordance with the provisions of this Act.

Powers and Functions of the Department.

Section 5

SEC. 5. Powers and Functions of the Department. — In furtherance of the objectives of this Act, the Department shall continue to exercise the powers and functions of the Department of Local Government in addition to the powers and functions as herein provided.

Organization.

Section 6

SEC. 6. Organization. — The Department shall consist of the Department Proper, the existing bureaus and offices of the Department of Local Government, the National Police Commission, the Philippine Public Safety College, and the following bureaus: the Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology.

Department Proper.

Section 7

SEC. 7. Department Proper. — The Department Proper shall consist of the existing staff services as provided for under Executive Order No. 262 and the following offices: Office of the Secretary — The Office of the Secretary shall consist of the Secretary and his immediate staff, and Office of the Undersecretaries and Assistant Secretaries - The Secretary shall be assisted by two (2) Undersecretaries, one (1) for local government and the other for peace and order, at least one (1) of whom must belong to the career executive service, and three (3) career Assistant Secretaries.

Head of the Department.

Section 8

SEC. 8. Head of the Department. — the head of the Department, hereinafter referred to as the Secretary, shall also be the ex officio Chairman of the National Police Commission and shall be appointed by the President subject to confirmation of the Commission on Appointments. No retired or resigned military officer or police official may be appointed as Secretary within one (1) year from the date of his retirement or resignation.

General Powers, Term of Office and Compensation of the Secretary.

Section 9

SEC. 9. General Powers, Term of Office and Compensation of the Secretary. — The authority and responsibility for the exercise of the Department's powers and functions shall be vested in the Secretary, who shall hold office at the pleasure of the President and shall receive the compensation, allowances and other emoluments to which heads of departments are entitied.

Specific Powers and Functions of the Secretary.

Section 10

SEC. 10. Specific Powers and Functions of the Secretary. — In addition to his powers and functions as provided in Executive Order No. 262, the Secretary as Department head shall have the following powers and functions: Prepare and submit periodic reports, including a Quarterly Anti–Crime Operations Report and such other reports as the President and Congress may require; Act as Chairman and Presiding Officer of the National Police Commission; and Delegate authority to exercise any substantive or administrative function to the members of the National Police Commission or other officers of rank within the Department.

Regional Offices.

Section 11

SEC. 11. Regional Offices. — The Department shall establish, operate and maintain a regional office in each of the administrative regions of the country to implement the policies and programs of the Department. Each regional office shall be headed by a regional director to be assisted by two (2) assistant regional directors: one (1) for jail management and penology and another for fire protection in addition to the present assistant regional directors of the Department of Local Government.

Relationship of the Department with the Department of National Defense.

Section 12

SEC. 12. Relationship of the Department with the Department of National Defense. — During a period of twenty–four (24) months from the effectivity of this Act, the Armed Forces of the Philippines (AFP) shall continue its present role of preserving the internal and external security of the State: Provided, That said period may be extended by the President, if he finds it justifiable, for another period not exceeding twenty–four (24) months, after which, the Department shall automatically take over from the AFP the primary role of preserving internal security, leaving to the AFP its primary role of preserving external security. However, even after the Department has assumed primary responsibility on matters affecting internal security, including the suppression of insurgency, and there are serious threats to national security and public order, such as where insurgents have gained considerable foothold in the community thereby necessitating the employment of bigger tactical forces and the utilization of higher caliber armaments and better armored vehicles, the President may, upon recommendation of the peace and order council, call upon the Armed Forces of the Philippines to assume the primary role and the Philippine National Police (PNP) to play the supportive role in the area concerned. In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon direction of the President, assist the Armed Forces of the Philippines in meeting the national emergency. The complementary relationship between the Department of the Interior and Local Government and the Department of National Defense in any of the preceding eventualities shall be jointly prescribed by their respective Secretaries in a memorandum of agreement that shall thereafter be published and implemented.

Back to RA 6975 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).