Former Budget Secretary Benjamin Diokno warned the Philippine National Police against the unauthorized upgrading of certain police officials without the explicit recommendation of the National Police Commission but was ignored by the police leadership.
In a letter dated 19 July 19 2018 obtained by DAILY TRIBUNE, addressed to then Undersecretary Ferdinand Cui Jr. as Acting Head of the Presidential Management Staff, Diokno said that upgrading the ranks of police officials "will alter the organizational setup of the PNP RA (Republic Act) No. 6975 provides for three (3) Deputy Director General ranks only. The subject PNP proposal will increase the same to seven (7)"
"We find no provision in RA Nos. 6975 and 8551 that authorize the President to increase the number of Deputy Director Generals nor to upgrade the ranks of the positions heading the different units of the PNP. It will likewise distort the hierarchical relationship within the PNP leadership in as much as the heads of certain Operational Support Units will be of equal rank to the Deputy Chiefs of the PNP," Diokno said.
Diokno's letter came on the heels of reports that the PNP has been spending a whopping P26.7 billion annually for "unauthorized" excess positions in the organization which, according to the DBM, covers ranks from Lieutenant Generals and below. The rank of Lieutenant General was formerly known as Deputy Director General.
In a letter dated 12 October 2022 and addressed to Department of the Interior and Local Government (DILG) Secretary Benjamin C. Abalos Jr., Director Mary Anne Z. Dela Vega of the Budget Department's Budget and Management Bureau submitted a matrix of PNP rank distribution approved by the DBM covering the 226,410 members of the police force.
But the said DBM-approved rank distribution does not match the actual strength and distribution of ranks implemented by the PNP leadership, contrary to existing laws and regulations.
For one, the following excess positions were noted in the following ranks: Lieutenant General, 5; Major General, 6; Brigadier General, 24; Colonel, 232; Lieutenant Colonel, 910; Major, 1,410; Captain, 1,835; Staff Sergeant, 31,729; and Corporal, 30,052. The total excess positions stand at 66,203 with a combined annual base pay of P26.707 billion.
DILG sources said these excess positions which go beyond the DBM-authorized number of personnel, are "illegal."
For star rank positions, the DBM allows only three for Lieutenant Generals but there are presently eight officials having that rank.
For Major General, the DBM allows only 11 but 17 are now occupying the position while for Brig. General, only 86 are allowed but 110 were appointed to the rank.
For non-star ranks, there are only 624 colonels allowed by the DBM but the PNP has 856. The DBM authorized 2,000 for Lt. Cols. but the actual number of officers with that rank stands at 2,910.
Back in 2018, Diokno further warned that while existing laws mandate the Napolcom to exercise administrative control and operational supervision over the PNP and advise the President on all matters involving police functions and administration and propose a reorganization plan of the PNP, no such recommendations were made by the Napolcom prior to the upgrading of ranks and positions in the organization.
"It is our (DBM) position that any change in the PNP organizational structure should be based on a study and recommendation of Napolcom. However, we do not find such a recommendation among the documents forwarded by PMS. Hence it is suggested that the PMS secure the Napolcom study on this matter," added the former Budget chief.
Despite the warning, the PNP went on creating additional positions and ranks without the pre-requisites cited by Diokno, who even stressed that even if the President has approved any proposal by the PNP through the DILG, such upgrading remains "subject to compliance with relevant laws, rules and regulations."
"Section 13 of RA No. 8551 authorized the Napolcom to conduct a management audit and prepare a proposed reorganization plan of the PNP subject to certain limitations as provided in the RA. The proposed plan was to be submitted to Congress not later than 31 December 1998. Said law also stated that the PNP reorganization program shall be approved by Congress through a Joint Resolution," the Diokno letter further stressed.
Besides "excesses" in PNP positions as against what was approved by the DBM, available data showed that there are 77,190 unfilled positions in the PNP hierarchy with the rank of Patrolman/Patrolwoman suffering the biggest discrepancy with 66,958 unfilled posts.
The DBM-authorized positions for Patrolman stands at 129,926 but the actual strength per PNP record as of 30 June 2023 stood at only 62,968. These unfilled positions have a combined budget of P23.838 billion that were not spent for the recruitment of more Patrolman/Patrolwoman.
Other PNP ranks that remain unfilled include Lieutenant, 1,066; Executive Master Sergeant, 2,382; Chief Master Sergeant, 3,878; Senior Master Sergeant, 463; and Master Sergeant, 2,443.
Also, the realignment of PNP funds to finance the salaries and wages and other benefits of these excess positions was for the President to decide and the use of savings to augment items in the general appropriations law for the executive branch is his sole prerogative and not any police official in the case of the PNP.
Executive Order No. 292 or the Administrative Code of 1987, specifically states that; "the General Appropriations Act shall not contain any itemization of personal services, which shall be prepared by the Secretary after enactment of the (GAA), for consideration and approval of the President."
The twin acts of creating excess positions and using realigned savings to fund these posts by the PNP leadership were prohibited by law.
Meanwhile, a measure that seeks to restructure the PNP had been approved by the House of Representatives on the third and final reading last month. House Bill (HB) No. 8327 was approved after 187 lawmakers voted in favor of the said proposal, with zero voting against it. None also abstained.
HB No. 8327 seeks to amend various sections of Republic Act No. 6975 or the Department of the Interior and Local Government Act of 1990 and R.A. No. 8551 or the Philippine National Police Reform and Reorganization Act of 1998, in a bid to institutionalize offices created under the PNP chief's command.