Pnpa Cadet Act

Dellate nt Offier of the soccetarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) 25 SEP -9 P5:32 First Regular Session SENATE 1368 RECEIVED BY: S.B. No. _ Introduced by SENATOR IMEE R. MARCOS AN ACT CONFERRING THE CADETS OF THE PHILIPPINE NATIONAL POLICE ACADEMY (PNPA) THE STATUS OF GOVERNMENT EMPLOYEES AND GRANTING THEM WITH CIVIL SERVICE ELIGIBILITY AND BENEFITS AND PRIVILEGES, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Philippine National Police Academy (PNPA) was established on August 26, 1977, through Presidential Decree No. 1184 s. 1977. The PNPA is the country's premier training institution for future law enforcement officers. It provides comprehensive education and training to cadets who are destined to serve in the Philippine National Police (PNP), Bureau of Fire Protection (BFP), and Bureau of Jail Management and Penology (BJMP). Currently, while undergoing rigorous training, PNPA cadets receive a monthly salary of Php35,000.00, which is equivalent to the salary of an SPO4 or Police Executive Master Sergeant (PEMS). However, during the Senate Committee on Public Order and Dangerous Drugs hearing held on March 8, 2023, it was revealed that PNPA cadets are considered akin to job order employees of the government but do not enjoy the benefits typically accorded to government personnel. The Civil Service Commission (CSC), in Resolution No. 020122 dated January 24, 2022, also clarified that PNPA cadets are not classified as government employees and are therefore omitted from the coverage of the Civil Service Law and Rules. This stands in contrast to Philippine Military Academy

(PMA) cadets, who are recognized as official government employees. Thus, the proposed legislation aims to grant PNPA cadets the same status as government employees. This includes access to civil service eligibility, full salaries, benefits, and privileges. Furthermore, PNPA cadets will be entitled to the same benefits as regular PNP personnel in cases of disability, illness, or death incurred during training. In view of the foregoing, the immediate approval of this bill is earnestly sought. see h. Marca IMEE R. MARCOS /

Senate Offier of the Ditctaty TWENTIETH CONGRESS OF THE) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 SEP -9 P5:32 SENAT 368 RECEIVED BY: S.B. No. _ Introduced by SENATOR IMEE R. MARCOS AN ACT CONFERRING THE CADETS OF THE PHILIPPINE NATIONAL POLICE ACADEMY (PNPA) THE STATUS OF GOVERNMENT EMPLOYEES AND GRANTING THEM WITH CIVIL SERVICE ELIGIBILITY AND BENEFITS AND PRIVILEGES, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "PNPA Cadet Act."

Sec. 2. Declaration of Policy. - It is the policy of the State to promote the

general welfare of its people and maintain the peace and order of the society which is within the ambit of the Philippine National Police (PNP). Thus, granting them the status of being a government employee together with civil service eligibility for permanent appointment in the government service plus benefits, will raise the morale and welfare of the future police officers of PNP which is anticipated to result into better performance of their duties and responsibilities that will lead into greater individual efficiency and organizational effectiveness of the PNP.

Sec. 3. Definition of Terms. - As used in this Act, the following terms shall

be defines as follows: a. Disability refers to any loss or impairment of the normal functions of the physical or mental faculties of a uniformed PNP member or PNPA cadet which reduces or eliminates his capability to continue with this present employment; b. Medical Officer refers to the National Police Commission (NAPOLCOM) Medical Officer, PNP medical officer, medical officer from government hospital or private hospital accredited by the PNP;

c. National Police Commission (NAPOLCOM) refers to an attached agency of the Department of the Interior and Local Government (DILG) responsible for the administration and control of the PNP; d. Philippine National Police Academy (PNPA) refers to the premier law enforcement academy, established on 26 August 1977 by virtue of Section 19, Presidential Decree No. 1184 manned by the PNP, tasked to provide 4- year tertiary education course with a degree of Bachelor of Science in Public Safety to police candidates called cadets who are automatically appointed to the rank of Police Lieutenant upon graduation; e. Sickness refers to an illness accepted as an occupational disease, or any illness caused or aggravated by employment/training, subject to proof that the risk of contracting the same is increased by working conditions; and f. Total Permanent Physical Disability refers to any impairment of the mind or body which renders the disabled uniformed PNP member or PNPA cadet incapable of performing substantially the duties of a police officer and which is expected to be long, continued and of indefinite duration: Provided, That irreparable loss of the power of speech, or sense of hearing or loss of one or both hands or feet, or loss of one eye or both eyes, or loss of limbs or brain Injury resulting in incurable imbecility or insanity shall be considered total permanent physical disability. In all cases, the disability shall be deemed permanent if it has persisted for a period exceeding six (6) months, without fix healing period and renders the PNP member or PNPA cadet incapable of performing duties and functions: Provided, further, That in case the disability is found to be permanent beyond doubt upon medical examination of said member, the waiting period of six (6) months shall no longer be applied.

Sec. 4. Status of PNPA Cadets. - The PNPA cadets upon qualification and

entry are considered as employees of the National Government and shall draw their salaries therefrom. They shall have a salary, as provided for under Joint Resolution No. 1 of 2018, and shall receive benefits and privileges in conformity with other existing laws.

Sec. 5. Appointment of PNPA Cadets. - The PNPA cadets shall be granted

with civil service eligibility and be given provisional appointment by the Civil Service Commission and renewable every one (1) year until they graduate. In case of suspension or turned back, the provisional appointment will be renewed upon re- entry of the suspended cadet.

Sec. 6. Total Permanent Physical Disability. - In case of disability or sickness

during training, a PNPA cadet avails the benefits similar to regular PNP personnel as

described in Section 36 of Republic Act (RA) No. 8551. The cadet is entitled to a separation pay equivalent to one (1) year salary and a lifetime pension which is 80% of the last salary received 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 cadet unfit or unable to continue the training. The one rank higher is not applied and pension shall not incur increase as the cadet is under 20 years in the service. a. Benefits of Total Permanent Physical Disability (NAPOLCOM Memorandum Circular 2011-009): 1. Reimbursement of reasonable expenses for medicines, medical attendance, hospital fees, necessary transportation and subsistence; 2. Separation pay equivalent to one (1) year of salary; and 3. Lifetime pension which is of 80% of the last salary. b. Grounds for Compensability: 1. The cadet must have been injured at the pace where the training requires the cadet to be and must have been performing the official functions; 2. If the injury is sustained elsewhere, the cadet must have been executing a lawful order from the trainer, or from the superior; 3. When a cadet is accidentally injured at a point reasonably proximate to the place of training or while the cadet is going to or coming from the training; 4. For the sickness to be compensable, it must be the result of occupational disease aggravated by training. The following are classified as occupational diseases: i. Skin cancer; ii. Cataract leading to blindness; iii. Rabies; iv. Tuberculosis and its complications; V. Poisoning: - Carbon dioxide poisoning; - Carbon monoxide poisoning; - Lead poisoning; and - Food poisoning. vi. Diseases caused by abnormalities in temperature and humidity: - Heart stroke; and

- Frostbite/Freezing. vii. Cerebrovascular accidents - as long as it is not due and/or aggravated by chronic alcoholism or cigarette: - CVA embolism; - CVA thrombosis; - CVA thrombo-embolism; and - CVA hemorrhage. vili. Parasitism - Compensability should be based on the principle of: - Greater risk of acquiring the disease in the place of work than in the place of usual residence; and - Disease was required in endemic areas (i.e. areas where said disease is prevalent). ix. Cardiovascular diseases: - Acute myocardial infraction; and - Congestive heart failure class IV-E. x. Pneumonia: - Viral pneumonia; and - Bacterial pneumonia. xi. Peptic ulcer diseases - as long as it is not due to alcoholism; xii. All forms of psychoses/schizophrenic and mood disorders; and xiii. Physical traumas resulting in loss of limb/s or its function, blindness or deafness. The following are not classified as occupational diseases and subject to proof that the risk of contracting the same is increased by training: a. Viral Hepatitis; b. Cancer of the liver; c. Cancer of the lungs; d. Cancer of pancreas; e. Cancer of the stomach and intestine; and f. Liver cirrhosis and its complications. c. Who may File for Claim for Disability. - An application for Total Permanent Physical Disability can be filed by the cadet himself or in case of incapacity, his duly authorized representative. d. Where to File Claim. - An application letter for Total Permanent Physical Disability under oath shall be submitted to the Directorate for Personnel and Records Management (DPRM) thru the Pension Retirement and Benefits Administration Service (PRBS) for recording and appropriate action.

Sec. 7. Death Benefits. - A PNPA cadet upon death during training shall avail

the benefits similar to regular PNP personnel as described in Sec. 76 of RA No. 6975 and Rule V of NAPOLCOM Memorandum Circular No. 2011-009. a. Who may File Claim/Application for Death Benefits: 1. Surviving parents; and 2. Surviving brothers and sisters. b. Where to File Claim. - An application letter under oath for death benefits shall be filed with the Office of the NAPOLCOM Provincial Officer of the province or city where the PNPA cadet is stationed or in the Regional Office of the Commission having administrative jurisdiction of the deceased PNPA cadet. c. Supporting Documents to a Claim for Death Benefits: 1. Service record issued or duly authenticated by the PNP Directorate for Personnel and Records Management; 2. Certified copy of latest appointment; 3. Death Certificate issued by the Philippine Statistics Authority; 4. Detailed investigation report of the Director or immediate superior or supervisor, as the circumstance or cause of death; 5. Clearance from money and property accountability; 6. Certificate of No Marriage (CENOMAR) issued by the Philippine Statistics Authority; and 7. Official receipts duly registered with the Bureau of Internal Revenue for reasonable medical and hospitalization expenses, necessary transportation and subsistence incurred on account of service-connected disability, purchase of medicines in excess of Php 50.00 shall be evidenced by doctor's prescription; and 8. Investigation and Adjudication of the Claim Application: i. Within 5 days from receipt of the application, the NAPOLCOM Hearing Officer designated by the NAPOLCOM Regional Director shall set the hearing of the Claim and shall notify the claimant/s, heirs and other persons whose presence in the investigation is necessary. In no case, the hearing of the claim be conducted beyond fifteen (15) days from the date of receipt of the application. ii. Should serious question on the compensability of a claim arise, the NAPOLCOM Regional Director shall direct the Technical Service Division to conduct the necessary inquiry, who shall forthwith submit the corresponding Report. Said Report shall be attached in the records

of the claim and considered by the hearing officer the Report of Investigation; III. Within fifteen (15) days from the termination shall submit the Report of Investigation together with the complete records of the claim to the Regional Director for adjudication; iv. The Regional Director shall adjudicate the claim within fifteen (15) days from receipt of the Report of Investigation; and v. The claimant shall be immediately furnished a copy of the adjudication. d. Benefits. - The following shall be awarded to the beneficiary of the deceased PNPA cadet: 1. Gratuity equivalent to the deceased PNPA cadet's one (1) year basic salary; 2. Burial expenses equivalent to three (3) months basic salary of the deceased; 3. Monthly pension equivalent to 80% of the deceased's basic salary for a period of five (5) years from the date of death; and 4. Reimbursement of reasonable expenses for medicines, medical attendance, hospital fees, necessary transportation and subsistence.

Sec. 8. Government Service. - A PNPA cadet shall render service after

graduation two times the number of years of training which is four (4) years. The Cadet should render eight (8) years government service before the Cadet decides to resign.

Sec. 9. Disposition of Dismissed PNPA Cadet. - A PNPA cadet when dismissed

for reasons other than violation of Honor Code can automatically join the PNP: Provided, That, the Cadet is mentally and physically fit. The Cadet doesn't need to comply the requirements to be appointed as Patrolman or Patrolwoman as described in RA No. 6975, otherwise known as the "Department of the Interior and Local Government Act of 1990", and RA No. 8551, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998". The Cadet can be appointed automatically to the rank of Police Corporal and is given ten (10) years to complete the baccalaureate degree in case the Cadet is high school graduate or college undergraduate.

Sec. 10. Implementing Rules and Regulations. - Within ninety (90) days from

the effectivity of this Act, the Secretary of the DILG, the Chief of PNP, NAPOLCOM,

PNPA Director, in coordination with the Civil Service Commission (CSC), shall promulgate the necessary rules and regulations of this Act.

Sec. 11. Repealing Clause. - All laws, decrees, orders, rules and regulations

or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 12. Effectivity. - This Act shall take effect after fifteen (15) days

following the completion of its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines. Approved,