Republic Act No.

6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST,
GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS
AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER
PURPOSES

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for Public Officials and
Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of ethics in public
service. Public officials and employees shall at all times be accountable to the people and shall discharge their
duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest
lives, and uphold public interest over personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or
controlled corporations, and their subsidiaries.

(b) "Public Officials" includes elective and appointive officials and employees, permanent or temporary,
whether in the career or non-career service, including military and police personnel, whether or not they
receive compensation, regardless of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another
who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not
include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for,
a favor from a public official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person other than
a member of his family or relative as defined in this Act, even on the occasion of a family celebration or
national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is
given in anticipation of, or in exchange for, a favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing arrangements or
accommodations intended to ensure its approval.

(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient
to elect a director of a corporation. This term shall also apply to the parties to a voting trust.

(g) "Family of public officials or employees" means their spouses and unmarried children under eighteen
(18) years of age.

(h) "Person" includes natural and juridical persons unless the context indicates otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or owner or has a substantial interest in a business, and
the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected
by the faithful performance of official duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and
actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other
than his spouse and relatives as defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil
degree of consanguinity or affinity, including bilas, inso and balae.

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall
observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the public
interest over and above personal interest. All government resources and powers of their
respective offices must be employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties with
the highest degree of excellence, professionalism, intelligence and skill. They shall enter public
service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong
perceptions of their roles as dispensers or peddlers of undue patronage.
 (c) Justness and sincerity. - Public officials and employees shall remain true to the people at all
times. They must act with justness and sincerity and shall not discriminate against anyone,
especially the poor and the underprivileged. They shall at all times respect the rights of others,
and shall refrain from doing acts contrary to law, good morals, good customs, public policy,
public order, public safety and public interest. They shall not dispense or extend undue favors on
account of their office to their relatives whether by consanguinity or affinity except with respect
to appointments of such relatives to positions considered strictly confidential or as members of
their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without
unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous,
and adequate service to the public. Unless otherwise provided by law or when required by the
public interest, public officials and employees shall provide information of their policies and
procedures in clear and understandable language, ensure openness of information, public
consultations and hearings whenever appropriate, encourage suggestions, simplify and
systematize policy, rules and procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country, especially in the
depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the
Republic and to the Filipino people, promote the use of locally produced goods, resources and
technology and encourage appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability, and manifest by
deeds the supremacy of civilian authority over the military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in extravagant or ostentatious
display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these
standards including the dissemination of information programs and workshops authorizing merit increases
beyond regular progression steps, to a limited number of employees recognized by their office colleagues
to be outstanding in their observance of ethical standards; and (2) continuing research and
experimentation on measures which provide positive motivation to public officials and employees in raising
the general level of observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public officials and
employees are under obligation to:

(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15)
working days from receipt thereof, respond to letters, telegrams or other means of communications sent
by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and agencies of
the government and of government-owned or controlled corporations shall, within forty-five (45) working
days from the end of the year, render a performance report of the agency or office or corporation
concerned. Such report shall be open and available to the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be processed
and completed within a reasonable time from the preparation thereof and must contain, as far as
practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the
official next-in-rank or officer in charge shall sign for and in their behalf.

(d) Act immediately on the public's personal transactions. - All public officials and employees must attend
to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly
and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made accessible to, and
readily available for inspection by, the public within reasonable working hours.

Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is hereby established
in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a
Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following:
the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the
Commission on Audit, and two government employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials
and employees, in all the branches and agencies of Government and establish a system of annual incentives and
rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis
of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the years of service and the
quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary
quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to
government officials and employees of the year to be announced in public ceremonies honoring them may take the
form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign
scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher
position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it
is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The
Committee on Awards shall adopt its own rules to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees
now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions
of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly, have
any financial or material interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto. - Public officials and employees during their
incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by
their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or pending
official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from
public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall
likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge,
confidential or classified information officially known to them by reason of their office and not made available to the public,
either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in
the course of their official duties or in connection with any operation being regulated by, or any
transaction which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal value
tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking
place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of
more than nominal value if such acceptance is appropriate or consistent with the interests of the
Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this
subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange
programs subject to national security requirements.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation to accomplish and
submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and
financial and business interests including those of their spouses and of unmarried children under eighteen (18)
years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and employees,
except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file
under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and
Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age
living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current fair market
value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated documents shall also
execute, within thirty (30) days from the date of their assumption of office, the necessary authority in
favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of
Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business
interests and financial connections in previous years, including, if possible, the year when they first
assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required statements jointly or
separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial
Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges,
with the Court Administrator; and all national executive officials with the Office of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in their respective
regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the
President, and those below said ranks, with the Deputy Ombudsman in their respective regions;
and

(5) All other public officials and employees, defined in Republic Act No. 3019, as amended, with
the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public official or employee to identify
and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner
and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made available for
inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10) working days from
the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the
cost of reproduction and mailing of such statement, as well as the cost of certification.
 (4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after
receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing
investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for dissemination to the
general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all times. When a conflict
of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from
his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such
assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to
laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses of the Congress
shall establish procedures for the review of statements to determine whether said statements which have been
submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is
not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the
necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of
Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this
Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote
of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved in a similar factual
situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be
subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as
their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of
the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial
Department.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds office or
employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act
shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding
one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate
body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under
the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding
five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal
or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with
public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the
public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or uses a
report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought
may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos
(P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply.

Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. - The Civil Service
Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall
transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action:
Provided, however, That it may institute such administrative actions and disciplinary measures as may be
warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each
House of Congress to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the
provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The
Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and
employees which are in violation of this Act.
 Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to derogate from any
law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official
and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of this Act shall be taken from
the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its continued
implementation shall be included in the annual General Appropriations Act.

Section 15. Separability Clause. - If any provision of this Act or the application of such provision to any person or
circumstance is declared invalid, the remainder of the Act or the application of such provision to other persons or
circumstances shall not be affected by such declaration.

Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent herewith, are deemed
repealed or modified accordingly, unless the same provide for a heavier penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion of its publication
in the Official Gazette or in two (2) national newspapers of general circulation.

Approved, February 20, 1989.

* Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees

Republic Act No. 9262

Anti-Violence Against Women and Their Children
Act of 2004
(Promulgated March 08, 2004)

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Section 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children
Act of 2004."

Sec. 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their personal
safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children
in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination
Against Women, Convention on the Rights of the Child and other international human rights instruments
of which the Philippines is a party.

Sec. 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the
following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:

(a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's
body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;

(b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion;
(c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing
the victim to witness the physical, sexual or psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of
the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the course of
the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or
social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other suitable place the resident of which is willing
temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care
of themselves as defined underRepublic Act No. 7610. As used in this Act, it includes the biological
children of the victim and other children under her care.

Sec. 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims
of violence against women and their children.

Sec. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and
their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or
her child has the right to desist from or desist from conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the woman's or her child's movement or
conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or
her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman from engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own money or properties, or solely controlling the conjugal or common money, or
properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does
not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or
her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children or access to the woman's child/children.

Sec. 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall
be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder
or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code;
those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less
serious physical injuries shall be punished by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no
case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child,
the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One
hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00);
(b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to
the court.

Sec. 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of
such court in the place where the offense was committed, the case shall be filed in the Regional Trial
Court where the crime or any of its elements was committed at the option of the complainant.
Sec. 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The reliefs granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership
of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent to the residence, remain there until
respondent has gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at
a distance specified by the court, and to stay away from the residence, school, place of employment, or
any specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession
of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's
removal of personal belongings;

(f) Granting a temporary or permanent custody of achild/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child without justifiable cause shall render the respondent
or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.

Sec. 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any
of the following:

(a) the offended party

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or
affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who have personal knowledge of the offense committed.

Sec. 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial
court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner:
Provided, however, That if a family court exists in the place of residence of the petitioner, the application
shall be filed with that court.

Sec. 11. How to Apply for a Protection Order. – The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental
relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described
in this Act. A standard protection order application form, written in English with translation to the major
local languages, shall be made available to facilitate applications for protections order, and shall contain,
among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicant is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of
consent given by the victim for the filling of the application. When disclosure of the address of the victim
will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall
attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and
shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and
PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought
to their attention.

Sec. 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging
from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six
(6) months.

Sec. 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in
the application for a protection order for the appointment of counsel because of lack of economic means
to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to
represent the petitioner in the hearing on the application. If the PAO determines that the applicant can
afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner
by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when
the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

Sec. 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders
(BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte
determination of the basis of the application. If the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the
BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the
Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO.
BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the
Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or
direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.

Sec. 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection
order issued by the court on the date of filing of the application after ex parte determination that such
order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act
and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service
of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement
agents for the service. The TPO shall include notice of the date of the hearing on the merits of the
issuance of a PPO.

Sec. 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing.

Respondent's non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondent appears without counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent
fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the
applicant and render judgment on the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if the same was not directed against
the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one
(1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to
expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each
particular time until final judgment is issued. The extended or renewed TPO may be modified by the court
as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the person in whose favor the order was issued. The
court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act
of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing
that the act from which the order might arise did not exist.

Sec. 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced
type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

Sec. 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an
application for a protection order within the reglementary period specified in the previous section without
justifiable cause shall render the official or judge administratively liable.

Sec. 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act
is alleged, Article 58 of the Family Codeshall not apply. The court shall proceed on the main case and
other incidents of the case as soon as possible. The hearing on any application for a protection order filed
by the petitioner must be conducted within the mandatory period specified in this Act.

Sec. 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine
the basis of applications for a protection order under this Act shall have priority over all other proceedings.
Barangay officials and the courts shall schedule and conduct hearings on applications for a protection
order under this Act above all other business and, if necessary, suspend other proceedings in order to
hear applications for a protection order.

Sec. 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must
be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that
has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable
by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed.

A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of
an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that
the offended party may file for any of the acts committed.
Sec. 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection
orders shall be applicable in criminal cases and/or shall be included in the civil actions deemed impliedly
instituted with the criminal actions involving violence against women and their children.

Sec. 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is
issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such
person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no
case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to
5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

Sec. 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

Sec. 25. Public Crime. – Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.

Sec. 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under the Revised Penal
Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome
at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/
psychologists.

Sec. 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.

Sec. 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support
of her child/children. Children below seven (7) years old or older but with mental or physical disabilities
shall automatically be given to the mother, with right to support, unless the court finds compelling reasons
to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of
her children. In no case shall custody of minor children be given to the perpetrator of a woman who is
suffering from Battered woman syndrome.

Sec. 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the
following duties when dealing with victims under this Act:

(a) communicate with the victim in a language understood by the woman or her child; and

(b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

Sec. 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall
have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering
the dwelling if necessary whether or not a protection order has been issued and ensure the safety of the
victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongings from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for
help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts;

(g) arrest the suspected perpetrator without a warrant when any of the acts of violence defined by this Act
is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and
there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, Social Welfare Department of
LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding
Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

Sec. 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to,
an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects
abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or
visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.

Sec. 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall
establish programs such as, but not limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such violence particularly towards
educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education
and training of their officers and personnel on the prevention of violence against women and their children
under the Act.

Sec. 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application
for a protection order shall not order, direct, force or in any way unduly influence the applicant for a
protection order to compromise or abandon any of the reliefs sought in the application for protection
under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the
Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

Sec. 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their
children as herein defined, any person, private individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative
liability resulting therefrom.

Sec. 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance from the PAO of the Department of Justice (DOJ) or any public legal
assistance office;

(c) To be entitled to support services form the DSWD and LGUs;

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.

Sec. 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.

Sec. 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure
order in cases prosecuted under this Act.

Sec. 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or
there is an immediate necessity due to imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment of the filing fee and other fees and
of transcript of stenographic notes.

Sec. 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on
Violence AgainstWomen and their children, hereinafter known as the Council, which shall be composed
of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to the
needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower
than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their
behalf, and shall receive emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.

Sec. 40. Mandatory Programs and Services for Victims. – The DSWD, and LGUs shall provide the
victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

Sec. 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling
and treatment to perpetrators towards learning constructive ways of coping with anger and emotional
outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit
to psychiatric treatment or confinement.

Sec. 42. Training of Persons Involved in Responding to Violence Against Women and their Children
Cases. – All agencies involved in responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:

a. the nature, extent and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the
likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers
and barangay officials to enable them to properly handle cases of violence against women and their
children.

Sec. 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to
ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall
likewise be liable for discrimination.

Sec. 44. Confidentiality. – All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or
private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to
be published, in any format, the name, address, telephone number, school, business address, employer,
or other identifying information of a victim or an immediate family member, without the latter's consent,
shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of
not more than Five Hundred Thousand pesos (P500,000.00).

Sec. 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the
annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGUs shall be used to
implement services for victim of violence against women and their children.

Sec. 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the
DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from
NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of
this Act.

Sec. 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable
laws, shall have suppletory application.

Sec. 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid,
the other sections or provisions shall not be affected.

Sec. 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in
at least two (2) newspapers of general circulation.

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Republic Act No. 8551 February 25, 1998

AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE PHILIPPINE NATIONAL POLICE AND FOR
OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED AND
SEVENTY-FIVE ENTITLED, "AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE-ORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

TITLE I
TITLE AND DECLARATION OF POLICY

Section 1. Title. – This Act shall be known as the "Philippine National Police Reform and Reorganization Act of 1998".

Section 2. Declaration of Policy and Principles. – It is hereby declared the policy of the State to establish a highly efficient and
competent police force which is national in scope and civilian in character administered and controlled by a national police
commission.

The Philippine National Police (PNP) shall be a community and service oriented agency responsible for the maintenance of peace
and order and public safety.

The PNP shall be so organized to ensure accountability and uprightness in police exercise of discretion as well as to achieve
efficiency and effectiveness of its members and units in the performance of their functions.

TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS

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

"SEC. 12. Relationship of the Department with the Department of National Defense. – The Department of the Interior and
Local Government shall be relieved of the primary responsibility on matters involving the suppression of insurgency and
 other serious threats to national security. The Philippine National Police shall, through information gathering and
performance of its ordinary police functions, support the Armed Forces of the Philippines on matters involving suppression
of insurgency, except in cases where the President shall call on the PNP to support the AFP in combat operations.

"In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and
Penology shall, upon the direction of the President, assist the armed forces in meeting the national emergency."

TITLE III
THE NATIONAL POLICE COMMISSION

Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 13. Creation and Composition. – A National Police Commission, hereinafter referred to as the Commission, is
hereby created for the purpose of effectively discharging the functions prescribed in the Constitution and provided in this
Act. The Commission shall be an agency attached to the Department for policy and program coordination. It shall be
composed of a 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 members of the police or
military, one (1) of whom shall be designated as vice chairperson by the President. The fourth regular commissioner shall
come from the law enforcement sector either active or retired: Provided, That an active member of a law enforcement
agency shall be considered resigned from said agency once appointed to the Commission: Provided, further, That at least
one (1) of the Commissioners shall be a woman. The Secretary of the Department shall be the ex-officio Chairperson of
the Commission, while the Vice Chairperson shall act as the executive officer of the Commission."

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

"SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise the following powers and
functions:

"(a) Exercise administrative control and operational supervision over the Philippine National Police which shall
mean the power to:

"1) Develop policies and promulgate a police manual prescribing rules and regulations for efficient
organization, administration, and operation, including criteria for manpower allocation, distribution and
deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of
qualifying entrance and promotional examinations for uniformed members;

"2) Examine and audit, and thereafter establish the standards for such purposes on a continuing
basis, the performance, activities, and facilities of all police agencies throughout the country;

"3) Establish a system of uniform crime reporting;

"4) Conduct an annual self-report survey and compile statistical data for the accurate assessment of
the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in
the country;

"5) Approve or modify plans and programs on education and training, logistical requirements,
communications, records, information systems, crime laboratory, crime prevention and crime
reporting;

"6) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions
involving demotion or dismissal from the service imposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;

"7) Exercise appellate jurisdiction through the regional appellate boards over administrative cases
against policemen and over decisions on claims for police benefits;

"8) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the
Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor. Within ninety
(90) days from the effectivity of this Act, the standards of the uniformed personnel of the PNP must be
revised which should be clearly distinct from the military and reflective of the civilian character of the
police;

"9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own
powers and duties, and designate who among its personnel can issue such processes and administer
oaths in connection therewith;

"10) Inspect and assess the compliance of the PNP on the established criteria for manpower
allocation, distribution, and deployment and their impact on the community and the crime situation,
and thereafter formulate appropriate guidelines for maximization of resources and effective utilization
of the PNP personnel;

"11) Monitor the performance of the local chief executives as deputies of the Commission; and

"12) Monitor and investigate police anomalies and irregularities.

 "b) Advise the President on all matters involving police functions and administration;

"c) Render to the President and to the Congress an annual report on its activities and accomplishments during
the thirty (30) days after the end of the calendar year, which shall include an appraisal of the conditions
obtaining in the organization and administration of police agencies in the municipalities, cities and provinces
throughout the country, and recommendations for appropriate remedial legislation;

"d) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of
each calendar year, a crime prevention program; and

"e) Perform such other functions necessary to carry out the provisions of this Act and as the President may
direct."

Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 15. Qualifications. – No person shall be appointed regular member of the Commission unless:

"(a) He or she is a citizen of the Philippines;

"(b) A member of the Philippine Bar with at least five (5) years experience in handling criminal or human rights
cases or a holder of a master's degree but preferably a doctorate degree in public administration, sociology,
criminology, criminal justice, law enforcement, and other related disciplines; and

"(c) The regular member coming from the law enforcement sector should have practical experience in law
enforcement work for at least five (5) years while the three (3) other regular commissioners must have done
extensive research work or projects on law enforcement, criminology or criminal justice or members of a duly
registered non-government organization involved in the promotion of peace and order."

Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by the President for a
term of six (6) years without re-appointment or extension."

Section 8. Expiration of the Terms of Office of Current Commissioners. – Upon the effectivity of this Act the terms of office of the
current Commissioners are deemed expired which shall constitute a bar to their reappointment or an extension of their terms in the
Commission except for current Commissioners who have served less than two (2) years of their terms of office who may be
appointed by the President for a maximum term of two (2) years.

Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 17. Temporary or Permanent Incapacity of the Chairperson. – In case of absence due to the temporary incapacity
of the chairperson, the Vice chair shall serve as Chairperson until the Chairperson is present or regains capacity to serve.
In case of death or permanent incapacity or disqualification of the chairperson, the acting chairperson shall also act as
such until a new chairperson shall have been appointed by the President and qualified."

Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 20. Organizational Structure. – The Commission shall consist of the following units:

"(a) Commission Proper. – This is composed of the offices of the Chairman and four (4) Commissioners.

"(b) Staff Services. – The staff services of the Commission shall be as follows:

"(1) The Planning and Research Service, which shall provide technical services to the Commission in
areas of overall policy formulation, strategic and operational planning, management systems or
procedures, evaluation and monitoring of the Commission's programs, projects and internal
operations; and shall conduct thorough research and analysis on social and economic conditions
affecting peace and order in the country;

"(2) The Legal Affairs Service, which shall provide the Commission with efficient and effective service
as legal counsel of the Commission; draft or study contracts affecting the Commission and submit
appropriate recommendations pertaining thereto; and render legal opinions arising from the
administration and operation of the Philippine National Police and the Commission;

"(3) The Crime Prevention and Coordination Service, which shall undertake criminological researches
and studies; formulate a national crime prevention plan; develop a crime prevention and information
program and provide editorial direction for all criminology research and crime prevention publications;

"(4) The Personnel and Administrative Service, which shall perform personnel functions for the
Commission, administer the entrance and promotional examinations for policemen, provide the
necessary services relating to records, correspondence, supplies, property and equipment, security
and general services, and the maintenance and utilization of facilities, and provide services relating to
manpower, career planning and development, personnel transactions and employee welfare;
 "(5) The Inspection, Monitoring and Investigation Service, which shall conduct continuous inspection
and management audit of personnel, facilities and operations at all levels of command of the PNP,
monitor the implementation of the Commission's programs and projects relative to law enforcement;
and monitor and investigate police anomalies and irregularities;

"(6) The Installations and Logistics Service, which shall review the Commission's plans and programs
and formulate policies and procedures regarding acquisition, inventory, control, distribution,
maintenance and disposal of supplies and shall oversee the implementation of programs on
transportation facilities and installations and the procurement and maintenance of supplies and
equipment; and

"(7) The Financial Service, which shall provide the Commission with staff advice and assistance on
budgetary and financial matters, including the overseeing of the processing and disbursement of
funds pertaining to the scholarship program and surviving children of deceased and/or permanently
incapacitated PNP personnel.

"(c) Disciplinary Appellate Boards – The Commission shall establish a formal administrative disciplinary
appellate machinery consisting of the National Appellate Board and the regional appellate boards.

"The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, while the regional
appellate 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."

Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 22. Qualifications of Regional Directors. – No person shall be appointed regional director unless:

"(a) He or she is a citizen of the Philippines; and

"(b) A holder of a master's degree and appropriate civil service eligibility."

Section 12. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications upgrading program
for the members of the Commission in coordination with the Civil Service Commission, the Department of Education, Culture and
Sports and the Commission on Higher Education through a distance education program and/or an in-service education program or
similar programs within ninety (90) days from the effectivity of this Act: Provided, That those who are already in the service from the
effectivity of this Act shall have five (5) years to obtain the required degree or qualification counted from the implementation of the
qualifications upgrading program.

TITLE IV
THE PHILIPPINE NATIONAL POLICE

A. REORGANIZATION

Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of Republic Act No. 6975 on
the organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and
submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, 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 non-uniformed personnel to positions which are purely administrative,
technical, clerical or menial in nature and other positions which are not actually and directly related to police operation; and b)
efficient and optimized delivery of police services to the communities.

The PNP reorganization program shall be approved by Congress through a joint resolution.

B. QUALIFICATIONS UPGRADING

Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 30. General Qualifications for Appointment. – No person shall be appointed as officer or member of the PNP unless
he or she possesses the following minimum qualifications:

"a) A citizen of the Philippines;

"b) A person of good moral conduct;

"c) Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or
by any NAPOLCOM accredited government hospital for the purpose of determining physical and mental health;

"d) Must possess a formal baccalaureate degree from a recognized institution of learning;

"e) Must be eligible in accordance with the standards set by the Commission;

"f) Must not have been dishonorably discharged from military employment or dismissed for cause from any
civilian position in the Government;
 "g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude;

"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-
seven centimeters (1.57 m.) for female;

"i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his or her
height, age, and sex; and

"j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age: except for
the last qualification, the above-enumerated qualifications shall be continuing in character and an absence of
any one of them at any given time shall be a ground for separation or retirement from the service: Provided,
That PNP members who are already in the service upon the effectivity of this Act shall be given at least two (2)
more years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.

"For the purpose of determining compliance with the requirements on physical and mental health, as well as the non-use
of prohibited drugs, the PNP by itself or through a NAPOLCOM accredited government hospital shall conduct regular
psychiatric, psychological drug and physical tests randomly and without notice.

"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 separated from the service if they are below fifty
(50) years of age and have served in Government for less than twenty (20) years or retired if they are from the age of fifty
(50) and above and have served the Government for at least twenty (20) years without prejudice in either case to the
payment of benefits they may be entitled to under existing laws."

Section 15. Waivers for Initial Appointments to the PNP. – The age, height, weight, and educational requirements for initial
appointment to the 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 twenty (20) nor over thirty-five (35) years of age: Provided, further, That any applicant
not meeting the weight requirement shall be given reasonable time but not exceeding six (6) months within which to comply with the
said requirement: Provided, furthermore, That only applicants who have finished second year college or have earned at least
seventy-two (72) collegiate units leading to a bachelor's decree shall be eligible for appointment: Provided, furthermore, That
anybody who will enter the service without a baccalaureate degree shall be given a maximum of four (4) years to obtain the required
educational qualification: Provided, finally, That a waiver for height requirement shall be automatically granted to applicants
belonging to the cultural communities.

Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under the Waiver Program shall be
subject to the following minimum criteria:

a) Applicants who possess the least disqualification shall take precedence over those who possess more disqualifications.

b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d) education.

The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the entry
requirements.

Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel who is admitted due to the waiver
of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement
waived. Any member who will fail to satisfy any of the waived requirements within the specified time periods under Section 13 of this
Act shall be dismissed from the service.

Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP member who shall be dismissed
under a waiver program shall be eligible to re-apply for appointment to the PNP: Provided, That he or she possesses the minimum
qualifications under Section 14 of this Act and his or her reappointment is not by virtue of another waiver program.

Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a Field Training Program for twelve
(12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their
appointment.

Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed Director of a Provincial Police
Office unless:

a) he or she holds a master's degree in public administration, sociology, criminology, criminal justice, law enforcement,
national security administration, defense studies, or other related discipline from a recognized institution of learning; and

b) has satisfactorily passed the required training and career courses necessary for the position as may be established by
the Commission.

Any PNP personnel who is currently occupying the position but lacks any of 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 shall be relieved from the position.

Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 32. Examinations of Policemen. – The National Police Commission shall administer the entrance and promotional
examinations for policemen on the basis of the standards set by the Commission."

Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows:
 "SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person shall be appointed chief of a city
police station 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 administration, criminology, criminal justice, law enforcement, national security administration,
defense studies, and other related disciplines from a recognized institution of learning. No person shall be appointed chief
of a municipal police station unless he or she has finished at least second year Bachelor of Laws or has earned at least
twelve (12) units in a master's degree program in public administration, criminology, criminal justice, law enforcement,
national security administration, and other related disciplines from a recognized institution of learning: Provided, That
members of the Bar with at least five (5) years of law practice, licensed criminologists or graduates of the Philippine
National Police Academy and who possess the general qualifications for initial appointment to the PNP shall be qualified
for appointment as chief of a city or municipal police station: Provided, further, That the appointee has successfully
passed the required field training program and has complied with other requirements as may be established by the
Commission: Provided, furthermore, That the chief of police shall be appointed in accordance with the provisions of
Section 51, paragraph (b), subparagraph 4(i) of this Act."

Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications upgrading program
for the Philippine National Police officers and members in coordination with the Civil Service Commission, and the Commission on
Higher Education through a distance education program and/or an in-service education program or other similar programs within
ninety (90) days from the effectivity of this Act.

C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL

Section 24. Attrition System. – There shall be established a system of attrition within the uniformed members of the PNP within
one (1) year from 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 provisions of the following sections.

Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum tenure of PNP members holding key
positions is hereby prescribed as follows:

POSITION MAXIMUM TENURE

Chief four (4) years

Deputy Chief four (4) years

Director of the Staff Services four (4) years

Regional Directors six (6) years

Provincial/City Directors nine (9) years

Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier separated, retired or
promoted to a higher position in accordance with the PNP Staffing Pattern, police officers holding the above-mentioned positions
shall be compulsorily retired at the maximum tenure in position herein prescribed, or at age fifty-six (56), whichever is earlier:
Provided, That in times of war or other national emergency declared by Congress, the President may extend the PNP Chief's tour of
duty: Provided, further, That PNP members who have already reached their maximum tenure upon the effectivity of this Act may be
allowed one (1) year more of tenure in their positions before the maximum tenure provided in this Section shall be applied to them,
unless they shall have already reached the compulsory retirement age of fifty-six (56), in which case the compulsory retirement age
shall prevail.

Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement
age shall be promoted to a higher rank or appointed to any other position.

Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just cause and has not been given an
assignment within two (2) years after such relief shall be retired or separated.

Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or uniformed, who is relieved and assigned
to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a
position commensurate to his or her grade within eighteen (18) months after such demotion in position shall be retired or separated.

Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for a continuous period of ten (10)
years shall be retired or separated.

Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years of accumulated active service shall be
separated based on any of the following factors:

a) inefficiency based on poor performance during the last two (2) successive annual rating periods;

b) inefficiency based on poor performance for three (3) cumulative annual rating periods;

c) physical and/or mental incapacity to perform police functions and duties; or

d) failure to pass the required entrance examinations twice and/or finish the required career courses except for justifiable
reasons.

Section 30. Retirement or Separation Under the Preceding Sections. – Any personnel who is dismissed from the PNP pursuant
to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he or she has rendered at least twenty (20) years of service and
separated if he or she has rendered less than twenty (20) years of service unless the personnel is disqualified by law to receive
such benefits.

D. PROMOTION SYSTEM

Section 31. Rationalized Promotion System. – Within six (6) months after the effectivity of this Act, the Commission shall
establish a system of 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 PNP staffing pattern. Such system shall be gender fair and shall ensure that women members
of the PNP shall enjoy equal opportunity for promotion as that of men.

Section 32. Promotion by Virtue of Position. – Any PNP personnel designated to any key position whose rank is lower than that
which is required for such position shall, after six (6) months of occupying the same, be entitled to a rank adjustment corresponding
to the position: Provided, That the personnel shall not be reassigned to a position calling for a higher rank 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 the
established minimum qualifications therefor shall occupy the same temporarily for not more than six (6) months without
reappointment or extension.

Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 38. Promotions. – (a) A uniformed member of the PNP shall not be eligible for promotion to a higher position or
rank unless he or she has successfully passed the corresponding promotional examination given by the Commission, or
the Bar, or the corresponding board examinations for technical services and other professions, has satisfactorily
completed the appropriate and accredited course in the PNPA or equivalent training institutions, and has satisfactorily
passed the required psychiatric/psychological and drug tests. In addition, no uniformed member of the PNP shall be
eligible for promotion during the pendency of his or her administrative and/or criminal case or unless he or she has been
cleared by the People's Law Enforcement Board (PLEB), and the Office of the Ombudsman of any complaints proffered
against him or her, if any.

"(b) Any uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry at the risk
of his/her life above and beyond the call of duty, shall be promoted to the next higher rank: Provided, That such
acts shall be validated by the Commission based on established criteria."

E. UPGRADING OF SALARIES AND BENEFITS

Section 34. Section 75 of the same Act is hereby amended to read as follows:

"SEC. 75. Retirement Benefits. – Monthly retirement pay shall be fifty 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 one-half percent (2.5%) for every
year of active service rendered beyond twenty (20) years to a maximum of ninety percent (90%) for thirty-six (36) years of
active service and over: Provided, That, the uniformed personnel shall have the option to receive in advance and in lump
sum his retirement pay for the first five (5) years: Provided, further, That payment of the retirement benefits in lump sum
shall be made within six (6) months from effectivity date of retirement and/or completion: Provided, finally, That retirement
pay of the officers/non-officers of the PNP shall be subject to adjustments based on the prevailing scale of base pay of
police personnel in the active service."

Section 35. Section 73 of the same Act is hereby amended to read as follows:

"SEC. 73. Permanent Physical Disability. – An officer or non-officer who is permanently and totally disabled as a result of
injuries suffered or sickness contracted in the performance of his duty as duly certified by the National Police Commission,
upon finding and certification by the appropriate medical officer, that the extent of the disability or sickness renders such
member unfit or unable to further perform the duties of his position, shall be entitled to one year's salary and to lifetime
pension equivalent to eighty percent (80%) of his last salary, in addition to other benefits as provided under existing laws.

"Should such member who has been retired under permanent total disability under this section die within five (5) years
from his retirement, his surviving legal spouse or if there be none, the surviving dependent legitimate children shall be
entitled to the pension for the remainder of the five (5) years guaranteed period."

Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 36. Status of Members of the Philippine National Police. – The uniformed members of the PNP shall be considered
employees of the National Government and shall draw their salaries therefrom. They shall have the same salary grade
level as that of public school teachers: Provided, That PNP members assigned in Metropolitan Manila, chartered cities
and first class municipalities may be paid financial incentive by the local government unit concerned subject to the
availability of funds."

Section 37. Early Retirement Program. – Within three (3) years after the effectivity of this Act, any PNP officer or non-
commissioned officer may retire and be paid separation benefits corresponding to a position two (2) ranks higher than his or her
present rank subject to the following conditions:

a) that at the time he or she applies for retirement, he or she has already rendered at least ten (10) years of continuous
government service;

b) the applicant is not scheduled for separation or retirement from the service due to the attrition system or separation for
cause;

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 reaching the compulsory retirement age and at least a
year before his or her maximum tenure in position.

Section 38. Rationalization of Retirement and Separation Benefits. – The Commission shall formulate a rationalized retirement
and separation benefits schedule and program within one (1) year from the effectivity of this Act for approval by Congress: Provided,
That the approved schedule and 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 or separation is for cause and the decision denies the grant of benefits.

TITLE V
INTERNAL AFFAIRS SERVICE

Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP is hereby created which shall:

a) pro-actively conduct inspections and audits on PNP personnel and units;

b) investigate complaints and gather evidence in support of an open investigation;

c) conduct summary hearings on PNP members facing administrative charges;

d) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel
and units to the Chief PNP and the Commission;

e) file appropriate criminal cases against PNP members before the court as evidence warrants and assist in the
prosecution of the case;

f) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the following cases:

a) incidents where a police personnel discharges a firearm;

b) incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police
operation;

c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;

d) incidents where a suspect in the custody of the police was seriously injured; and

e) incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards to the promotion of the members of the PNP or the
assignment of PNP personnel to any key position.

Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs shall be established. Internal Affairs
Service shall be headed by an Inspector General who shall be assisted by a Deputy Inspector 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 Internal Affairs
Service shall be a civilian who shall meet the qualification requirements provided herein.

The commission shall establish a rationalized staffing pattern in the Reorganization Plan as provided for in Section 13 hereof.

Section 41. Appointments. – The Inspector General shall be appointed by the President upon the recommendation of the Director
General and duly endorsed by the Commission. Appointments of personnel who shall occupy various positions shall be made by the
Inspector General and shall be based on an established career pattern and criteria to be promulgated by the Commission.

Section 42. Entry Qualifications to IAS. – Entry to the Internal Affairs 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 appointment: Provided, That members of the Bar may enter the service laterally.

Section 43. Initial Appointments to the National, Directorial, and Provincial Internal Affairs Service Offices.– Initial
appointments of the heads of the offices in the Internal Affairs Service shall be made by the President upon recommendation by the
Commission. Thereafter, appointments and promotions to the Service shall follow the established requirements and procedures.

Section 44. Promotions. – The Commission shall establish the promotion system within the IAS which shall follow the general
principles of the promotion system in the PNP.

Section 45. Prohibitions. – Any personnel who joins the IAS may not thereafter join any other unit of the PNP. Neither shall any
personnel of the IAS be allowed to sit in a committee deliberating on the appointment, promotion, or assignment of any PNP
personnel.

Section 46. Career Development and Incentives. – (1) Personnel of the Internal Affairs Service shall in addition to other
allowances authorized under 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 forfeiture of other remuneration and allowances which are allowed under existing laws.
(2) IAS members shall also have priorities in the quota allocation for training and education.

Section 47. Records Management of the IAS. – Local Internal Affairs Offices shall be responsible for the maintenance and update
of the records of the members of the PNP within their jurisdiction.

When a PNP personnel is reassigned or transferred to another location or unit outside the jurisdiction of the current Internal Affairs
Office, the original 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 personnel has
been relieved of his/her position and has not been given an 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 that the officer or member shall have been
given a new assignment where the records will be forwarded to the Internal Affairs Office acquiring jurisdiction over the PNP
personnel.

Section 48. Inclusion of Supervisors and Superiors in IAS Investigations. – The immediate superior or supervisor of the
personnel or units being investigated under the preceding section shall be automatically included in the investigation of the IA to
exclusively determine lapses in administration or supervision.

Section 49. Disciplinary Recommendations of the IAS. – (a) Any uniformed PNP personnel found guilty of any of the cases
mentioned in Section 39 of this Act and any immediate superior or supervisor found negligent under Section 48 shall be
recommended automatically for dismissal or demotion, as the case may be.

(b) Recommendations by the IAS for the imposition of disciplinary measures against an erring PNP personnel, once final,
cannot be revised, set-aside, or unduly delayed by any disciplining authority without just cause. Any disciplining authority
who fails to act or who acts with abuse of discretion on the recommendation of the IAS shall be made liable for gross
neglect of duty. The case of erring disciplinary authority shall be submitted to the Director General for proper disposition.

Section 50. Appeals. – Decisions rendered by the provincial inspectors shall be forwarded to the area internal affairs office for
review within ten (10) working days upon the receipt thereof. Decisions of the area office may be appealed to the national office
through the Office of Inspector General. Decisions rendered by the National IAS shall be appealed to the National Appellate Board
or to the court as may be appropriate: Provided, That the summary dismissal powers of the Director General and Regional Directors
as provided in Section 42 of Republic Act No. 6975 shall remain valid: Provided, further, That the existing jurisdiction over offenses
as provided under Republic Act No. 6975 shall not be affected.

Section 51. Complaints Against the IAS. – A complaint against any personnel or office of IAS shall be brought to the Inspector
General's Office or to the Commission as may be appropriate.

TITLE VI
DISCIPLINARY MECHANISMS

Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 41(a). Citizen's Complaints. – Any complaint by a natural or juridical person against any member of the PNP shall
be brought before the following:

"(1) Chiefs of Police, where the offense is punishable by withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days;

"(2) Mayors of cities and municipalities, where the offense is 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) days but not exceeding thirty (30) days;

"(3) People's Law Enforcement Board, as created under Section 43 hereof, where the offense is punishable by
withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination
thereof, for a period exceeding thirty (30) days; or by dismissal.

"The Commission shall provide in its implementing rules and regulations a scale of penalties to be imposed upon any
member of the PNP under this Section.

"(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 supervisors and equivalent officers of the PNP shall,
after due notice and summary hearing, exercise disciplinary powers as follows:

"(1) Chiefs of police or equivalent supervisors may summarily impose the administrative punishment of
admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or
suspension; or any of the combination of the foregoing: Provided, That, in all cases, the total period shall not
exceed fifteen (15) days;

"(2) Provincial directors or equivalent supervisors may summarily impose administrative punishment of
admonition 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 not exceed thirty (30) days;

"(3) Police regional directors or equivalent supervisors shall 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 reprimand; restrictive custody; withholding of privileges; suspension or forfeiture of salary;
demotion; or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed
sixty (60) days;
 "(4) The Chief of the PNP shall have the power to impose the disciplinary punishment of dismissal from the
service; suspension or forfeiture of salary; or any combination thereof for a period not exceeding one hundred
eighty (180) days: Provided, further, That the chief of the PNP shall have the authority to place police personnel
under restrictive custody during the pendency of a grave administrative case filed against him or even after the
filing of a criminal complaint, grave in nature, against such police personnel.

"(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member shall be heard and decided exclusively
by the disciplining authority who has acquired original jurisdiction over the case and notwithstanding the existence of
concurrent jurisdiction as 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.

"For purposes of this Act, a 'minor offense' shall refer to any act or omission not involving moral turpitude, but affecting the
internal discipline of the PNP, and shall include, but not limited to:

"(1) Simple misconduct or negligence;

"(2) Insubordination;

"(3) Frequent absences and tardiness;

"(4) Habitual drunkenness; and

"(5) Gambling prohibited by law.

"(d) Forum shopping of multiple filing of complaints. – When an 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 disciplinary authority.

"In order to prevent forum shopping or multiple filing of complaints, the complainant or party seeking relief in the complaint
shall certify under oath in such pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to
the truth of the following facts and undertaking:

"(a) that he has not heretofore commenced any other action or proceeding involving the same issues in other
disciplinary forum;

"(b) that to the best of his knowledge, no such action or proceeding is pending in other police administrative
disciplinary machinery or authority;

"(c) that if there is any such action or proceeding which is either pending or may have been terminated, he must
state the status thereof; and

"(d) that if he should thereafter learn that a similar action or proceeding has been filed or is pending before any
other police disciplinary authority, he must undertake to report that fact within five (5) days therefrom to the
disciplinary authority where the original complaint or pleading has been filed."

Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 42. Summary Dismissal Powers of the National Police Commission, PNP Chief and PNP Regional Directors. – The
National Police Commission, the chief of the PNP and PNP regional directors, after due notice and summary hearings,
may immediately remove or dismiss any respondent PNP member in any of the following cases:

"(a) When the charge is serious and the evidence of guilt is strong;

"(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to
believe that he is guilty of the charges; and

"(c) When the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.

"Any member or officer of the PNP who shall go on absence without official leave (AWOL) for a continuous period of thirty
(30) days or more shall be dismissed immediately from the service. His activities and whereabouts during the period shall
be investigated and if found to have committed a crime, he shall be prosecuted accordingly."

Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 44. Disciplinary Appellate Boards. – The formal administrative disciplinary machinery of the PNP shall be the
National Appellate Board and the regional appellate boards.

"The National Appellate Board shall be composed of the four (4) regular commissioners and shall be chaired by the
executive officer. The Board shall consider appeals from decisions of the Chief of the PNP.

"The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila or any part of the country as it
may deem necessary.
 "There shall be at least one (1) regional appellate board per administrative region in the country to be composed of a
senior officer of the regional Commission as Chairman and one (1) representative each from the PNP, and the regional
peace and order council as members. It shall consider appeals from decisions of the regional directors, other officials,
mayors, and the PLEBs: Provided, That the Commission may create additional regional appellate boards as the need
arises."

Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read as follows:

"Sec. 47. Preventive Suspension Pending Criminal Case. – Upon the filing of a complaint or information sufficient in form
and substance against a member of the PNP for grave felonies where the penalty imposed by law is six (6) years and one
(1) day or more, the court 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 complainant
and/or witnesses, the court may order the preventive suspension of the accused PNP member even if the charge is
punishable by a penalty lower than six (6) years and one (1) day: Provided, further, That the preventive suspension shall
not be more than ninety (90) days except if the delay in the disposition of the case is due to the fault, negligence or
petitions of the respondent: Provided, finally, That such preventive suspension may be sooner 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 arraignment of the accused."

Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 49. Legal Assistance. – The Secretary of Justice, the chairman of the Commission or the Chief of the PNP may
authorize lawyers of their respective agencies to provide legal assistance to any member of the PNP who is facing before
the prosecutor's office, the court or any competent body, a charge or charges arising from any incident which is related to
the performance of his official duty: Provided, That government lawyers so authorized shall have the power to administer
oaths: Provided, further, That in such cases, when necessary, as determined by the Commission, a private counsel may
be provided at the expense of the Government. The Secretary of Justice, the Chairman of the Commission and the Chief
of the PNP shall jointly promulgate rules and regulations to implement the provisions of this Section."

TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION OF A GENDER SENSITIVITY
PROGRAM

Section 57. Creation and Functions. – The PNP shall establish women's desks in all police stations throughout the country to
administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and
children and other similar offenses: Provided, That municipalities and cities presently without policewomen will have two (2) years
upon the effectivity of this Act within which to comply with the requirement of this provision.

Section 58. Prioritization of Women for Recruitment. – Within the next five (5) years, the PNP shall prioritize the recruitment and
training of women who shall serve in the women's desk. Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its
annual recruitment, training, and education quota for women

Section 59. Gender Sensitivity Program. – The Commission shall 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 opportunities for women in the PNP, the
prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation.

Section 60. Administrative Liability. – Any personnel who shall violate the established rules and regulations regarding gender
sensitivity and gender equality shall be suspended without pay for not less than thirty (30) days and shall undergo gender sensitivity
seminar or training: Provided, That any personnel who violates the rules more than twice shall be recommended for demotion or
dismissal from the PNP.

Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a restriction on the assignment of
policewomen to other positions in the PNP nor shall any provisions of this title be used for the non-promotion of a PNP female
personnel to higher position.

TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF THE PNP

Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b) (1), Section 51, Chapter III-D of
Republic Act No. 6975 are hereby amended to read as follows:

"The term 'operational supervision and control' shall mean the power to direct, superintend, and oversee the day-to-day
functions of police investigation of crime, crime prevention activities, and traffic control in accordance with the rules and
regulations promulgated by the Commission.

"It shall also include the power to direct the employment and deployment of units or elements of the PNP, through the
station commander, to ensure public safety and effective maintenance of peace and order within the locality. For this
purpose, the terms 'employment' and 'deployment' shall mean as follows:

"'Employment' refers to the utilization of units or elements of the PNP for purposes of protection of lives and properties,
enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the
offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence,
rebellious and seditious conspiracy, insurgency, subversion or other related activities.

"'Deployment' shall mean the orderly and organized physical movement of elements or units of the PNP within the
province, city or municipality for purposes of employment as herein defined."
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:

"(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors shall have the following authority
over the PNP units in their respective jurisdictions:

"(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial police
director, preferably from the same province, city or municipality: Provided, however, That in no case shall an
officer-in-charge be designated for more than thirty (30) days: Provided, further, That the local peace and order
council may, through the city or municipal mayor, recommend the recall 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: Provided, finally, That such relief shall be based on guidelines established by the
NAPOLCOM;

"(ii) Authority to recommend to the provincial director the transfer, reassignment or detail of PNP members
outside of their respective city or town residences; and

"(iii) Authority to recommend from a list of eligibles previously screened by the peace and order council the
appointment of new members of the PNP to be assigned to their respective cities or municipalities without
which no such appointments shall be attested: Provided, That whenever practicable and consistent with the
requirements of the service, PNP members shall be assigned to the city or municipality of their residence.

"The control and supervision of anti-gambling operations shall be within the jurisdiction of local government executives."

Section 64. Automatic Deputation of Local Government Executives as Commission Representatives. – Governors and
mayors, upon having been elected and living qualified as such, are automatically deputized as representatives of the National Police
Commission in their respective jurisdiction. As deputized agents of the Commission, local government executives can inspect police
forces and units, conduct audit, and exercise other functions as may be duly authorized by the Commission.

Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 52. Suspension or Withdrawal of Deputation. – Unless reversed by the President, the Commission may, after
consultation with the provincial governor and congressman concerned, suspend or withdraw the deputation of any local
executive for any of the following grounds:

"(a) Frequent unauthorized absences;

"(b) Abuse of authority;

"(c) Providing material support to criminal elements; or

"(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and order
campaign.

"Upon good cause shown, the President may, directly or through the Commission, motu proprio restore such deputation
withdrawn from any local executive."

TITLE IX
STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD

Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions – The sangguniang panlungsod/bayan
in every city and municipality shall create such number of People's Law Enforcement Boards (PLEBs) as may be
necessary: Provided, That there shall be at least one (1) PLEB for every five hundred (500) city or municipal police
personnel and for each of the legislative districts in a city.

"The PLEB shall be the central receiving entity for any citizen's complaint against the officers and members of the PNP.
Subject to the provisions of Section 41 of Republic Act No. 6975, the PLEB shall take cognizance of or refer the complaint
to the proper disciplinary or adjudicatory authority within three (3) days upon the filing of the complaint."lawph!l.net

Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975 is hereby amended to read as follows:

"(3) Three (3) other members who are removable only for cause to be chosen by the local peace and order council from
among the respected members of the community known for their probity and integrity, one (1) of whom must be a woman
and another a member of the Bar, or, in the absence thereof, a college graduate, or the principal of the central elementary
school in the locality."

Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 shall be amended to read as follows:

"The Chairman of the PLEB shall be elected from among its 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 shall hold office until his successor shall
have been chosen and qualified."
Section 69. Compensation and Benefits. – Paragraph c, Section 43 of Republic Act No. 6975 shall be amended to read as
follows:

"(c) Compensation. – Membership in the PLEB is a civic duty. However, PLEB members shall be paid per diem and shall
be provided with life insurance coverage as may be determined by the 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."

Section 70. Budget Allocation. – The annual budget of the Local Government Units (LGU) shall include an item and the
corresponding appropriation for the maintenance and operation of their local PLEBs.

The Secretary shall submit a report to Congress and the President within fifteen (15) days from the effectivity of this Act on the
number of PLEBs 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 period, the
DILG and the Department of Budget and Management shall withhold the release of the LGU's share in the national taxes in cities
and municipalities still without PLEB(s).

Section 71. Request for Preventive Suspension. – The PLEB may ask any authorized superior to impose preventive suspension
against a subordinate police officer who is the subject of a complaint lasting up to a period as may be allowed under the law. A
request for preventive suspension shall not be denied by the superior officer in the following cases:

a) when the respondent refuses to heed the PLEB's summons or subpoena;

b) when the PNP personnel has been charged with offenses involving bodily harm or grave threats,

c) when the respondent is in a position to tamper with the evidence; andlawphil.net

d) when the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds shall be held administratively liable for serious
neglect of duty.

TITLE X
TRANSITORY PROVISIONS

Section 72. Transition. – The provisions on the reorganization and the civilianization of the PNP and the devolution of police
capabilities to the local police forces shall be effected within three (3) years after the effectivity of this Act.

TITLE XI
FINAL PROVISIONS

Section 73. Rules and Regulations. – Unless otherwise provided in this 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 regulations shall take effect upon their publication in three (3) newspapers of general
circulation.

Section 74. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated
in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 75. Repealing Clause. – All laws, presidential decrees, letters of instructions, executive orders, rules and regulations
insofar as they are inconsistent with this Act, are hereby repealed or amended as the case may be.

Section 76. Separability Clause. – In case any provision of this Act or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.

Section 77. Effectivity Clause. – This Act shall take effect after its complete publication in at least three (3) newspapers of general
circulation.

Approved: February 25, 1998