De Lima offers guidance, not legal opinion on PNP's 1-year bar rule

MANILA, Philippines - The Philippine National Police’s (PNP) observation that the one-year bar rule on retiring police officers applies only to promotion and not to placements, designations and assignments is legally correct.

PNP chief Director General Raul Bacalzo had sought the legal opinion of Justice Secretary Leila de Lima due to complaints received by the PNP over disputable promotions of policemen or questionable placements of senior police officers in key positions, in violation of the one-year bar rule.

Bacalzo asked De Lima on the proper interpretation of Section 25 of Republic Act No. 8551, otherwise known as the PNP Reform and Reorganization Act of 1998, in relation to Section 26 of RA No. 6975, otherwise known as the DILG Act of 1990, as amended.

The provision stated: “Except for the PNP chief, no PNP member who has less than one year of service before reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other position.”

De Lima declined to give her legal opinion and said the matter should be addressed by the National Police Commission (Napolcom) which is mandated to promulgate rules and regulations for the effective implementation of RA 8551.

Instead, De Lima offered guidance to Bacalzo and said she agreed with his position.

“Therefore, your (Bacalzo) observation - that only promotions to higher ranks can be considered as appointments, while designations and assignments are merely covered by general or special orders - is legally correct and should be considered in the interpretation of Section 25 of RA 8551 and Section 27 of IRR,” said De Lima.

Bacalzo said the PNP maintains that a literal interpretation of the said provision of Sec. 25 of RA 8551 would unduly curb the power of the PNP chief to direct and control strategic movement, deployment, placement and utilization of personnel as provided for in Section 26 of RA 6975, as amended.

He further stated that the one-year bar rule has been liberally construed to apply only to promotions but not to placements, designations and assignments.

“Thus, a PNP member who has less than one year before the compulsory retirement age may not be promoted to a higher rank, but may still be assigned to a position as long as such position does not call for a higher rank,” Bacalzo said.

Bacalzo’s stand is supported by the PNP’s position paper on the applicability and interpretation of the said provision of the law of Sec. 25 of RA 8551.

He said that in the PNP, promotion is synonymous with appointment since officials are appointed to a particular rank and not to a specific position or particular assigned area.