FORMER Philippine National Police (PNP) chief-turned Senator Ronald ‘Bato’ M. dela Rosa has assured officers and men of the 228,000-strong police force that active members of the Armed Forces won’t be allowed to join the PNP as it is ‘unconstitutional.’

“Transfer of functions, not transfer of personnel,” the member of Philippine Military Academy ‘Sinagtala’ Class of 1986 told officials of the PNP Academy Alumni Association, Inc. (PNPAAAI) as he maintained that his commitment to upholding the Constitution is paramount, and any proposed legislation must adhere to its principles.

During his talk with the PNPAAAI Board of Trustees led by retired Police Major Gen. Gilbert DC Cruz, the lawmaker clarified that a Senate bill he has introduced will not allow the entry of active officers of the Armed Forces of the Philippines to the national police force as it is really against the Constitution.

During their meeting, Dela Rosa told the PNPA graduates or Lakans that the Constitution prohibits the lateral entry of active military officers into the PNP.

“As principal sponsor of Senate Bill No. 2449 or An Act Providing for Organizational Reforms in the Philippine National Police, amending for the purpose Republic Act No. 6975, otherwise known as the Department of the Interior and Local Government Act of 1990 as amended and Republic Act No. 8551 otherwise known as Philippine National Police Reform and Reorganization Act of 1998, reported out in the Senate plenary by the Committee on Public Order and Dangerous Drugs, I have received numerous letters and proposals to amend the current provisions of Senate Bil No. 2449 from different government agencies and concerned organizations,” he said.

Dela Rosa said that “one of the proposals we received informally, is an amendment to allow the lateral entry of active members of the Armed Forces of the Philippines to the Philippine National Police.”

“To set the record straight, Senate Bill No. 2449 which is currently being deliberated on in the Senate plenary does not contain any provision that seeks to allow lateral entry of active members of the Armed Forces of the Philippines to the Philippine National Police which is a civilian agency.

Furthermore, I have not received any official communication endorsing or proposing such an amendment to the pending legislate measure,” he said.

“Being the principal sponsor of the aforesaid bill, I am mindful of the Constitutional provision that prohibits members of the armed forces in the active service to be appointed or designated in any capacity to a civilian position in the government. As such, I will not support any amendments that will result in the lateral entry of active members of the AFP to the PNP,” Dela Rosa said.

The former PNP chief-turned lawmaker met the PNPAAAI officials after receiving a letter from the organization last November 23 in which the Lakans opposed the proposed provision to be included in the bill.

Cruz, now the Executive Director of the Presidential Anti-Organized Crime Commission was joined by fellow Lakans, retired Brigadier Generals Dominic T. Bedia and Joaquin R. Alva and Colonels Serafin F. Petalio II and Byron T. Tabernilla in meeting Sen. dela Rosa and telling him that the proposed bill has become a ‘hot topic’ in the police force and particularly created a clamor among the Lakan community.

During their discussion, Dela Rosa clarified that he received the proposal informally from some sectors within the AFP who have broached the idea of allowing the lateral entry into the PNP Provincial Mobile Force of active AFP members.

“Never sumagi sa isip ko yan,” Dela Rosa assured the PNPAAAI officials.

He said that such provision is not included in his proposed bill and was not even mentioned in any deliberation in his committee.

“At face value, hindi ko inentertain yan. Hindi papasa yan – constitutionality, legality, morality, maraming implications yan,” the senator added.

While Sen. dela Rosa said he appreciates the informal input on matters of national importance, he emphasized that this proposal will not be considered within his committee due to constitutional infirmities.

The presented proposal earlier raised constitutional concerns that cannot be overlooked; thus, it cannot be endorsed or supported in any legislative initiative, according to the PNPAAAI.

Dela Rosa assured the PNPAAAI that any proposal will undergo thorough examination for its legal implications and potential impact on the PNP organization.

Upholding the rule of law and safeguarding the constitutional framework is a responsibility which he takes seriously, said the senator.

He also expressed his commitment to ensuring that any legislation put forth aligns with constitutional principles.

Following their meeting with Dela Rosa, the PNPAAAI Board of Trustees appealed to its general membership to actively participate in this matter and encouraged everyone to engage in a more active process.

“Rest assured that the PNPAAAI will do its best to protect the Association and promote the morale and welfare of all Lakan,” said the group in a statement.

Earlier, the Journal Group reported that active and retired officials of the PNPA and members of APOLE or the Association of Police Officers Via Lateral Entry have aired their strong opposition to the reported bill that will allow active members of the AFP to join the PNP thru Lateral Entry citing it as ‘unconstitutional.’

The PNPAAAI said “we firmly believe that this provision is unconstitutional and would compromise the civilian character of the PNP.”

They cited Article 16, Section 6 of the 1987 Constitution which clearly states that “the State shall establish and maintain one police force which shall be national in scope and civilian in character to be administered and controlled by a national police commission.”

The 1987 Constitution also says that “No element of the police force shall be military nor shall any position thereof be occupied by active members of the Armed Forces of the Philippines.”

“The decision to allow active AFP members to join the PNP through lateral entry is a dangerous precedent that could blur the lines between the military and the police. This could lead to the militarization of the PNP which would undermine its civilian character and make it less accountable to the people,” the PNPAAI officials told the former PNP chief.

“We are also concerned that this provision would create a two-tiered system within the PNP, with active AFP members being given preferential treatment over regular PNP personnel. This could lead to resentment and division within the force,” they added.

The proposed provision cited by the PNPAAAI states that “the rank for officers eligible for such entry must not be higher than Major/Lieutenant Commander and Staff Sergeant/Petry Officer Second Class for Enlisted Personnel.” The move to allow AFP Majors/Lieutenant Commanders, many of them PMA graduates to join the PNP thru Lateral Entry is being protested by the Lakans in particular.

It also says that “all entrants shall only be accepted if, on or before time of entry, they are not under investigation; are not on absence without leave status; are not serving sentence, whether administrative or criminal; have not been issued reprimand in the last two years; or have not received an unfavorable rating in the latest performance rating,” provided that the new entrant can serve at least 10 years in PNP active service prior to reaching the mandatory retirement age and provided further, that these lateral entrants in the Police Mobile Forces shall serve at least four years in the units they opted to join before they can seek reassignment to other line offices/units.”