Secretary of tHe Department of Local Government on Holdover Capacity.
SEC. 83. Secretary of tHe Department of Local Government on Holdover Capacity. — The incumbent Secretary of the Department of Local Government shall perform the functions of the Secretary of the Interior and Local Government on holdover capacity until such time when a new Secretary shall have been appointed by the President and confirmed by the Commission on Appointments.
Special Oversight Committee.
SEC. 84. Special Oversight Committee. — A Special Oversight Committee is hereby created, composed of the Secretary as Chairman, the Secretary of Budget and Management as Cochairman, the Secretary of National Defense, the incumbent PC–INP Director General, the incumbent Chairman of the Civil Service Commission, the respective Chairmen of the Committee on Local Government and the Committee on National Defense and Security in the Senate, and the respective Chairmen of the Committee on Public Order and Security and the Committee on National Defense in the House of Representatives, as members, which shall plan and oversee the expeditious implementation of the transfer, merger and/or absorption into the Department of the personnel, property, appropriations and installations of involved agencies.
Phases of Implementation.
SEC. 85. Phases of Implementation. — The implementation of this Act shall be undertaken in three (3) phases, to wit: Phase I – Exercise of option by the uniformed members of the Philippine Constabulary, the PC elements assigned with the Narcotics Command, CIS, and the personnel of the technical services of the AFP assigned with the PC to include the regular CIS investigating agents and the operatives and agents of the NAPOLCOM Inspection, Investigation and Intelligence Branch, and the personnel of the absorbed National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense, to be completed within six (6) months from the date of the effectivity of this Act. At the end of this phase, all personnel from the INP, PC, AFP Technical Services, NACAH and NAPOLCOM Inspection, Investigation and Intelligence Branch shall have been covered by official orders assigning them to the PNP, Fire and Jail Forces by their respective units. Phase II – Approval of the table of organization and equipment of all bureaus and offices created under this Act, preparation and filling up of their staffing pattern, transfer of assets to the Department and organization of the Commission, to be completed within twelve (12) months from the effectivity date hereof. At the end of this phase, all personnel to be absorbed by the Department shall have been issued appointment papers, and the organized Commission and the PNP shall be fully operational. The PC officers and enlisted personnel who have not opted to join the PNP shall be reassigned to the Army, Navy or Air Force, or shall be allowed to retire under existing AFP rules and regulations. Any PC-INP officer or enlisted personnel may, within the twelve-month period from the effectivity of this Act, retire and be paid retirement benefits corresponding to a position two (2) ranks higher than his present grade, subject to the conditions that at the time he applies for retirement, he has rendered at least twenty (20) years of service and still has, at most, twenty-four (24) months of service remaining before the compulsory retirement age as provided by existing law for his office. Phase III - Adjustment of ranks and establishment of one (1) lineal roster of officers and another for non-officers, and the rationalization of compensation and retirement systems, taking into consideration the existing compensation schemes and retirement and separation benefit systems of the different components of the PNP, to ensure that no member of the PNP shall suffer any diminution in basic longevity and incentive pays, allowances and retirement benefits due them before the creation of the PNP, to be completed within eighteen (18) months from the effectivity of this Act. To accomplish the tasks of Phase III, the Commission shall create a Board of Officers composed of the following: NAPOLCOM Commissioner as Chairman and one (1) representative each from the PC, INP, Civil Service Commission, and the Department of Budget and Management. Upon the effectivity of this Act, the Secretary shall exercise administrative supervision as well as operational control over the transferred, merged and/or absorbed AFP and INP units. The incumbent Director General of the PC-INP shall continue to act as Director General of the PNP until such time as he shall have been replaced by the President.
Assumption by the PNP of Police Functions.
SEC. 86. Assumption by the PNP of Police Functions. — The PNP shall absorb the functions of the PC, the INP and the Narcotics Command upon the effectivity of this Act. All functions of the PAFSECOM and the police functions of the Coast Guard shall be taken over by the PNP when it acquires the capability to perform such functions after the transition period of eighteen (18) months. The personnel of the PAFSECOM or the Coast Guard shall, within the transition period, have the option to join the PNP or remain with the PAFSECOM or the Coast Guard, as the case may be.
Absorption by the Department of the National Action Committee on Ant-Hijacking.
SEC. 87. Absorption by the Department of the National Action Committee on Ant-Hijacking. — The Department shall absorb the National Action Committee on Anti-Hijacking under the Department of National Defense, and the transfer of assets, personnel and accountabilities of this office to the Department shall proceed in accordance with the provisions of this chapter.
Transfer, Merger, and Absorption of Offices and Personnel.
SEC. 88. Transfer, Merger, and Absorption of Offices and Personnel. — All properties, equipment, and finances of the transferred and absorbed agencies, including their respective financial accountabilities, are hereby transferred to the Department. The transfer, merger and/or absorption of any government office/unit concerned shall include the functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and liabilities, if any, of the transferred office/unit as well as the personnel thereof, who shall, unless removed for cause and after due process, in a holdover capacity, continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits. Those personnel of the transferred, merged, and/or absorbed office/unit whose positions are not included in the new position structure and staffing pattern approved by the Department or who are not reappointed shall be given preference to join the Department or any of the offices thereunder or shall be allowed to retire under existing laws, rules and regulations. Otherwise, they shall be deemed separated and paid gratuity equivalent to one and one-fourth (1 1/4) months basic salary for every year of service or a fraction thereof. The personnel of the existing Department of Local Government shall, unless removed for cause and after due process, continue to perform their duties and responsibilities and shall receive their corresponding salaries and benefits. The heads of the various bureaus and offices created under this Act shall, within six (6) months from the effectivity of this Act, recommend the organizational structure and staffing pattern of their bureaus and offices for approval by the Secretary.
Compulsory Retirement for INP Members.
SEC. 89. Compulsory Retirement for INP Members. — Any provision hereof to the contrary notwithstanding and within the transition period of four (4) years following the effectivity of this Act, the following members of the INP shall be considered compulsorily retired: Those who shall attain the age of sixty (60) on the first year of the effectivity of this Act; Those who shall attain the age of fifty-nine (59) on the second year of the effectivity of this Act; Those who shall attain the age of fifty-eight (58) on the third year of the effectivity of this Act; and Those who shall attain the age of fifty-seven (57) on the fourth year of the effectivity of this Act.
Status of Present NAPOLCOM, PC-INP.
SEC. 90. Status of Present NAPOLCOM, PC-INP. — Upon the effectivity of this Act, the present National Police Commission, and the Philippine Constabulary-Integrated National Police shall cease to exist. The Philippine Constabulary, which is the nucleus of the integrated Philippine Constabulary-Integrated National Police, shall cease to be a major service of the Armed Forces of the Philippines. The Integrated National Police, which is the civilian component of the Philippine Constabulary-Integrated National Police, shall cease to be the national police force and in lieu thereof, a new police force shall be established and constituted pursuant to this Act.
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).