[ NPC, February 08, 2006 ]
IMPLEMENTING RULES AND REGULATIONS (IRR) OF EXECUTIVE ORDER NO. 297, OTHERWISE KNOWN AS REGULATING THE MANUFACTURE, SALE, DISTRIBUTION AND USE OF PNP UNIFORMS, INSIGNIAS AND OTHER ACCOUTREMENTS
THESE RULES AND REGULATIONS ARE HEREBY PROMULGATED TO IMPLEMENT THE PROVISIONS OF EXECUTIVE ORDER NO. 297, OTHERWISE KNOWN AS REGULATING THE MANUFACTURE, SALE, DISTRIBUTION AND USE OF PNP UNIFORMS, INSIGNIAS AND OTHER ACCOUTREMENTS .
SECTION 1. This IRR, issued and promulgated pursuant to Section 4 of Executive Order No. 297, shall be referred to as REGULATING THE MANUFACTURE, SALE, DISTRIBUTION AND USE OF PNP UNIFORMS, INSIGNIAS AND OTHER ACCOUTREMENTS.
SECTION 2. Definition of Terms:
a. Person shall refer to any individual, store, establishment or plant, office and/or entity engaged in the manufacture, sale and distribution of PNP uniforms, insignias and other accoutrements.
b. Notice and Hearing is an essence of due process, which means an opportunity to present evidence before the PNP Uniform and Equipment Standardization Board (UESB).
c. Reasonable Administrative Fines shall refer to the amount to be imposed by the PNP Uniform and Equipment Standardization Board (UESB).
d. Insignia shall mean distinguishing marks of authority, office or honor; badge; emblem; a typical characteristic marks or signs by which anything is distinguished.
e. Accoutrements means dress, trappings, equipment, details of personal outfit of uniformed PNP personnel, belt, sword hanger and all objects other than clothes and weapons.
SECTION 3. The unauthorized manufacture, sale and distribution of PNP uniforms, insignias and other accoutrements is hereby prohibited. Any violation of this rule shall, after due notice and hearing, result in the immediate closure of the establishment, plant and/or office where the uniforms and other items are manufactured, stored, sold and/or distributed, the cancellation of his business license or permit, the condemnation, seizure and forfeiture of all paraphernalia used or intended to be used in the manufacture, sale and/or distribution and the imposition of reasonable administrative fines, without prejudice to the filing of administrative, civil and/or criminal actions.
a. The PNP Uniform and Equipment Standardization Board (UESB) shall after due notice and hearing recommend to the proper authority the immediate closure and cancellation of business license of any person who fails to secure clearance or permit for accreditation in the manufacture, sale and distribution of PNP uniforms, insignias and other accoutrements;
b. The paraphernalia used in the manufacture of uniforms, insignias, and other accoutrements for the exclusive use of PNP uniformed personnel and/or intended to be used in the sale and/or distribution in the market shall be held in restraint until satisfactory evidence has been established by the erring individual, store establishment or the entity concerned. In case no satisfactory evidence is established after due notice and hearing, the UESB shall recommend the condemnation, seizure and forfeiture of all paraphernalia;
c. Liability of Officials of Juridical Persons - The president or the manager or any officer of the store, establishment or plant, office and/or entity who knows and should have known the unauthorized manufacture, sale and distribution of PNP uniforms, insignias and other accoutrements shall also be liable; and
d. In all cases, the imposition of reasonable administrative fines shall be imposed without prejudice to the filing of administrative, civil and/or criminal actions.
SECTION 4. The use of PNP uniforms, insignias and other accoutrements by person who is not a member of the uniformed Philippine National Police personnel is also prohibited. Any violation of this rule shall, after due notice and hearing be penalized by public censure which shall be published at least once in a newspaper of general circulation without prejudice to the filing of administrative, civil and/or criminal actions.
a. Any person who shall publicly and improperly make use of insignias, uniforms, or dress pertaining exclusively for uniformed PNP personnel and the Philippine National Police of which he/she is not a member shall be criminally liable pursuant to Article 179 of the Revised Penal Code;
b. The imposition of reasonable administrative fines shall be imposed against the offender without prejudice to the filing of administrative, civil and/or criminal actions; and
c. Any person using or wearing any Philippine National Police insignia, badge, emblem of rank and other accoutrements in any play-house, theater, or in moving picture films while actually engaged in representing therein a police character not tending to bring discredit or reproach upon the Philippine National Police is not prohibited. However, the use or wearing of any Philippine National Police insignia, badge, emblem of rank and other accoutrements while engaged in representing a police character shall be subject to supervision and regulations by the Chief, PNP.
SECTION 5. The Philippine National Police shall adopt its own uniforms, insignias, and other accoutrements for the exclusive use of its uniformed personnel. The uniform and other items shall be subject to inspections and acceptance procedure of the Philippine National Police with each design and specification approved by the PNP Uniform and Equipment Standardization Board (UESB). As such, only those accredited by the PNP and the National Historical Institute are authorized to manufacture, sell or distribute the same.
a. Persons applying for accreditation in the manufacture, sale and distribution of PNP uniforms, insignias and other accoutrements shall allow the Chief, PNP or his authorized representatives to exercise visitorial power; and
b. The power to conduct visitations shall be exercised only during office or business hours and upon authority in writing from the Chief, PNP or his authorized representatives for the sole purpose of determining PNP uniforms, insignias and other accoutrements is in accordance with the design and specification approved by the PNP Uniform and Equipment Standardization Board (UESB).
SECTION 6. All orders, issuances, rules and regulations or parts thereof which are inconsistent with the Executive Order or with this IRR are hereby repealed or modified accordingly.
SECTION 7. This Implementing Rules and Regulations shall take effect upon its publication in three (3) newspapers of general circulation and upon registration with the Office of the National Administrative Register at the University of the Philippines Law Center, UP Diliman, Quezon City.
Adopted: 08 Feb. 2006.
(SGD.) ARTURO C. LOMIBAO
Police Director General
Chief, PNP