EARLY YEARS OF ORGANIZED FIREFIGHTING

ROME
The first Roman brigade was a grouped of slaves
who were hired by Marcus Ignatius Rufus. Augustus
took this idea from Rufus and then built on it form the
vigils in 6 A.D. to combat fires using buckets and
pumps, as well as poles and hooks to tear down
buildings in advance of flames. The Vigiles patrolled the
streets of Rome to watch for fires and served the police
force.
1966 – United Kingdom (The Great Fire of London)

The Great of Fire in London in 1966 started in

baker’s shop in Pudding Lane, which consumed about
two square miles (around 5 square kilometers) of the
city, leaving tens of thousands homeless, prior to this
fire, London had no organized fire protection system.
Afterwards insurance companies formed private fire
brigades the company insured. These buildings were
identified though fire insurance marks. This was a
turning point in the fire service.
Hans Hautsh

A German inventor who improved the manual

pump by creating the first suction and force pump and
adding some flexible hoses to the pump.

Jan Van Der Heyden

A Dutch inventor who invented the fire hose in

1672. Constructed from flexible leather and coupled
every 50 feet (15meters) with brass fittings, the length
and connections remained the standard up to this day.
Richard Newshan

A native of London further developed the fire

engine in 1725, pulled as a cart to the fire scene, these
manual pumps were manned by teams of men and
could deliver up to 160 gallons per minutes at up to
120 feet (40 meters).

Governor John Winthrop

Bostons Governor who outlawed wooden chimneys

and thatched roofs in 1631.
Governor Peter Stuvvesant

New Amsterdam Governor who in 1648,

appointed four men to act as fire wardens; they were
empowered to inspect all chimneys and to fine any
violators of the rules. The City burghers later appointed
eight prominent citizens to the Rattle Watch, these
men volunteered to patrol the streets at night carrying
large wooden rattles. If fire were seen the men spun
(spin) the rattles then direct the responding citizens to
form bucket brigades.
Other Events and Personalities to Fire Service

Bucket Brigade – first known firefighting unit organized

thousands of years B.C.

Dr. Nicolas Barton – underwrote the first insurance

policy and organized the first known fire department.

Paul Hodge – designed and built the first steam-

powered fire engine in New York in 1840.

Moses Latta – built fire engines in 1852 that was

successfully put into service during the Cincinnati, Ohio
fire on January 01, 1853.
National Fire Protection Agency (NFPA) – organized in
1896 to set standards on fire prevention and
firefighting procedures.

Great Triangle Fire – occurred in 1911 in New York

which led to the adoption and promulgation of fire
codes.

Regimen De Pompier – firefighting unit organized in

France during the first World War.
Manila Fire Department – first organized fire
department in the Philippines, established on August 6,
1901 with Captain F.R. Hodge as it first fire chief
Captain Jacinto Lorenzo - first Filipino was appointed as
fire chief on October 19, 1935 before the inauguration
of the Philippine Commonwealth Government. He also
reduced the schedule of duties of firemen from 4
straight days service with 7 hours day off and 15 hours
night off to 48 hours duty and 24 hours off duty.
Presidential degree (PD) 765 – signed on August 8,
1975 by then Pres. Marcos establishing the Integrated
National Police (INP) integrating all local police and fire
forces into one national organization.

Presidential degree (PD) 1185 – the first known fire

code of the Philippines, signed into law by Pres. Marcos
on August 26, 1977.
National Fire Service Council – created by Juan Ponce
Enrile who was Minister of defense at the time; the
council recommended the establishment of a national
training center for the fire service.

National Fire Service Training Center (NFSTC) –

established on October 1, 1979 with FCol. Jose V. Cajipe
as the first training commandant; now known as the
Fire National Training Institute (FNTI).
 The Birth and Growth of the FireBureau

The Bureau of Fire Protection was created together with

other uniformed services in the government by virtue of
Republic Act 6975. the very first fire station established in
the Philippines is the San Nicolas Fire Station in Manila.
The first Fire Marshal then was MAJ GENERAL PRIMO D.
CORDETA. Trainings were conducted at National Fire
Safety Training Center (NFSTC) in Canlunbang, Laguna,
which was under the Integrated National Police Training
Center (INPTC) which is now called Fire National Training
Institute(NFTI) and Philippine Public Safety College (PPSC),
respectively. Civilian employees serving the fire service
during INP time was absorbed by the Bureau.
On August 2, 1991, the BFP was separated from the
Philippine Constabulary-Integrated National
Police(PC_INP) as distinct agency through an
Appropriations Act with mandates to prevent and
suppress destructive fires, investigate its causes,
provide emergency medical and rescue services. The
enactment of republic Act 6975, otherwise known as
the Department of Interior and Local Government act
of 1990 which took effect on January 1, 1991 paved the
way for the establishment of the Philippine National
Police (PNP),Bureau of Fire Protection(BFP) and Bureau
of Jail Management and Penology (BJMP) as separated
entities.
Specifically, the Fire bureau’s charter was created under
Chapter IV Section 53 to 59) and Carried-out through
the provisions of rule VII (Section 49 to 58) of the
implementing rules and regulations of said law. The
organization was the placed under the direct
supervision of the DILG Undersecretary for Peace and
Order. The succeeding approval of the appropriation
act of 19991 has also caused the inaugural operation of
the Bureau of Fire Protection on August 2, 1991 as
distinct agency of the government, with its initial
preparation of Operation Plans and Budget (OPB)
undertaken by the staff of the Office of the National
Chief Fire Marshal at Camp Crame, Quezon City headed
by then F/Brigadier General Ernesto Madriaga, INP
(1990-1992 that took over from the long regn of
F/Major Primo D Cordeta (Ret) the First Chief Fire
Marshal (1978-2989).
Gen. Madriga served as the BFP first Acting Fire
Chief/Director from 1991 to 1992. BFP is responsible
for ensuring public safety through prevention and/or
suppression of all destructive fires on buildings, houses,
and other similar structure, forest, and land
transportation vehicles and equipment, ships/vessels
docked at piers, wharves or anchored at major
seaports, petroleum industry installations. It is also
responsible for the enforcement of the Fire Code of the
Philippines (PD 1185) and other related laws, conduct
investigations involving fire incidents and causes
thereof include the filing of appropriate
complaints/cases.
BFP Operation Manual and Disciplinary Machinery for
Uniformed Personnel was crafted.
Capability development programs continued. Among
those acquired were firefighting apparatus, arson
Laboratory Van a.k.a MECIE (Mobile Evidence
Collection and Identification Equipment) Vehicle which
was much ahead of PNP-SOCO, Fire Boss a.k.a
ERAP(Emergency Response Advance Post) Van,
eleven(11) Advance Cardiac Life Support (ACLS) EMS
Van, and ten (10) Rescue Vehicles equipped with
inflatable ‘air shelter” squad tent and various tools and
equipment. Also procured twelve (12) gallons Columbia
fire trucks and radios.
Established Special Rescue Unit (SRU) on March 12,
1998 with the then SINSP JOSE EMBANG JR as its Chief
who took Rescue Training Course in Japan.

New Building structure which was initiated by SSUPT

GARCIA was constructed to replace the dilapidated San
Lorenzo Fire Station at Juan Luna Avenue cor. Quiricida
Street in Manila.
In April 19, 1998, the SLEX EMS Satellite was
inaugurated by ASEC Nelson Collates.
There was optimum utilization of new emergency,
rescue and firefighting equipment, including Arson Lab,
radios and dispatch system.

Upon acquiring new radios, and establishing dispatch

and tracking system, the Fire Control Operations Center
(FCOC) was established. These also caused of EARNET
(Emergency Assistance and Response Network) among
inter-government agencies and private organization
involved in crime prevention, emergency and disaster
responses and mitigation. This was launched on august
23, 1999 and became the forerunner of DILG Patrol
117.

Millennium information equipment were procured.

Battalion-sized responders was reserved to respond for
the then contemplated negative disastrous effect of
Millennium Bug which the whole world anxiously
awaited.
Organized the first ever BFP-Volunteer Fire Brigade
National Convention in 1999 at the Manila Hotel, Roxas
Boulevard, Manila resulting to close bilateral
coordination and cooperation among BFP members
and Fire Volunteer Brigades (FVDs) nationwide wherein
a nationwide directory of all FVBs was established. This
caused the establishment of FVB Coordination Officer
under the Office of the Deputy Chief for Operations
who was headed by DIR COLLADO.
The BFP thrusts during this time were equipment
capability enhancement, partnership with the LGUs to
address fire safety problems in the areas, setting-up of
fire safety inspectors’ qualification standards of
enhancement of their technical skill through training
and workshops and proposed amendments of Fire
Code to enhance and utilize revenue collections.
Task force on fire safety was created to formulate and
harmonize various laws and issuances relating to Fire
Safety wit Member Agencies-DOTC, DENR, DOLE,
DPWH, DOJ, BFP, NAPOLCOM, MARINA, ATO, PIA,
MMDA, PNP, PCG, and MIA. This is in response to tragic
which claimed many precious lives and properties.

There were various programs during that period. There

was extended repair program of non-serviceable fire
truck and auxiliary equipment through partnership
with the LGUs and NGOs dibbed as ”adopt –a-fire
truck” and “adopt-a-fire station” programs.
The first convention of BFP and Volunteer Firefighters
was in 2001 which has produced a Joint Directory.
During this year also, the first BFP web was launched
with Electronic Data Processing Unit (EDPU) as in-
charge.

BFP Firefighters Institutional Regulations and Ethical

Standards (FIRE) was also published which established
a dynamic, professional and strong BFP as it articulates
the professional obligation and norms of conduct and
behavior of personnel.
In 2002, the BFP in collaboration with the CSC entered
into a MOA for the conduct specialized for Fire Officer I
(first level) and Fire Officer II (second level) eligibilities
aimed at establishing a register of eligible from which
certification and appointment to BFP positions will be
made. It was initiated in view of passage of CSC
resolution No. 020902 which set the deadline for BFP
holding NAPOLCOM eligibilities and temporary
appointments to comply with the requirement of
having the appropriate eligibility.
There were international collaborations which resulted
to capability-building in the area of WMD first
responding training (Operational Level) in 2002 and
Mass Casualty Emergency Training in 2003 engaged
under US State Department Anti-Terrorism Assistance
Program (ATAP);

Two (2) Coasters, six (6) Toyota Revo in 2002 and eighty
eight (88) units of Hyundai fire trucks (1000 gallons
capacity) were produced in 2003.
BFP PROUD (Promote Reduction of Undue Delay)
Program which was anti-red tape campaign was also
launched. Nowadays, the implementation of agency’s
citizen’s charter is strictly monitored by the CSC and
Ombudsman.
There was a creation of BFP technical Committee, Fire
Code Amendments and Enhancement of Fire Code Fees
Collection Committee, Task Force Validation and SPEX
Malampaya Off-Shore Platform Inspection Team,
Building Committee-PMCO< BFP Devolution Study
Group and implementation Program for BFP Capability
Building Program (IP-BFP-CBP) under JICA and JBIC
appraisal and Upgrading of Firefighting Capability for
BFP-NCR (UFC-BFP-NCR) under ODA from Austria for
packaging project proposals to secure financial
assistance.
The major milestone in 2004 was the attendance of
President Gloria Macapagal-Arroyo as Guest of Honor
and speaker during Kick-off Ceremony of Fire
Prevention Month in Luneta Park, Manila which paved
way to release of presidential fund for the acquisition
of thirty seven (37) units of fire pumps.
BFP organization elevated its professional standards
and salary scale commensurate to their PNP uniformed
members counterpart through the passage of RA 9263,
otherwise known as the ‘BFP and BJMP
Professionalization Act f 2004”. This act caused the
restructuring of BFP Organizational Structure thereby
creating additional Directories which now totals to six
(6).
In 2005, Arson Laboratory Building in Agham, Quezon
City started to be constructed. During this year also
2006, the Kiddie/junior Fire Marshal Program was
launched. At the same time Fire Station in Boracay was
built.

There was continuous procurement of various

firefighting gears and equipment apparatus.
Republic Act 9263 Implementing Rules and Regulations
was passed/issued. Fire and Life Safety Assessment/
report (FALAR) was promoted.
During these years, BFP Vision and Mission Statements
were revised from “modernized” to “world class” fire
protection agency for its vision; BFP patch was created;
regional logos and standard flags were adopted by
regional offices; GOA uniform midnight blue color with
bush jacket version for officers as well as blue duck;
rank insignias for both officers and non-officers are still
adopted.

The SRU orange field uniform, EMS blue emergency

response uniform, and operating units’ uniform were
subject for approval of the National Historical Institute
(NHI).
Mission
To prevent and suppress destructive fires, investigate
its causes and provide emergency medical and rescue
services, and enforce other fire related laws with active
involvement of community.

Vision
A modern fire protection agency working towards a
safe and progressive society.
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the

Twenty-eight day of July, two thousand three.
Republic Act No.9263 March 10, 2004

AN ACT PROVIDING FOR THE PROFESSIONALIZATION

OF THE BUREAU OF FIRE PROTECTION (BFP) AND THE
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
(BJMP), AMENDING CERTAIN, PROVISIONS OF
REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF
AND FOR OTHER PURPOSES
Be it enacted by Senate and House of Representatives
of the Philippines in Congress assembled:

SECTION 1. Tittle. – This act shall be known as the

“Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act
2004
SECTION 2. Declaration of Policy and Principles. – It is
declared policy of the state to maintain peace and
order, protect life, liberty and property, and promote
the general welfare essential for the enjoyment by all
the people of the blessings of democracy (Article 11,
Section 5 of the Philippine Constitution) Moreover it
recognizes the responsibility of the state to strengthen
government capability aimed towards the
strengthening of the delivery of basic service to the
citizenry thought the institutionalization of highly
efficient and competent fire and jail services.
It is provided for under Republic Act No. 6975, other
wise known as the “Department of the Interior and
Local Government Act 1990” that the task of fire
protection, and jail management and penology shall be
the responsibility of the Bureau of Fire Protection (BFP)
and Bureau of Jail Management and Penology (BJMP),
respectively.
Moreover, Section 3 of the Republic Act No. 8551,
otherwise known as the “Philippine National Police
Reform and Reorganization Act 1998”, provides that in
the times of national emergency, BFP and the BJMP
along with the Philippine National Police (PNP)

Shall, upon the direction of the President, assist The

Armed Forces of the Philippines (AFP) in meeting the
national emergency, in addition to the performance of
their inherent functions as mandated by law.
It is therefore recognized that the uniformed personnel
of the BFP and the BJMP as member of the uniformed
service of the government under the Department of
the Interior and Local Government (DILG), are required
the same amount of sacrifice, service and dedication
like their counterparts in the PNP and the AFP to carry
out their respective duties to extent of risking their
lives and limbs.
Towards this end, the State shall provide for the
Professionalization and restructuring of the BFP and the
BJMP by Upgrading the level of qualifications of their,
uniformed personnel and standardizing their base pay,
retirement and other benefits, making it at par with
those of the PNP and the AFP.
SECTION 3. Organization and Key Positions of the BFP.
– The BFP shall be respectively headed by a Chief who
shall be assisted by two (2) deputy chiefs, one (1) for
administration and one (1) for operations, all of whom
shall be appointed by the President upon
recommendation of the Secretary of the DILG from
among the qualified officers with atleast the rank of
senior superintendent in the service.
The Heads of the BFP with the rank of director shall
have the position title of Chief of the Fire Bureau. The
second officers in command of the BFP with the rank of
chief superintendent shall have the position title of
Deputy Chief for Administration of the Fire Bureau. The
third officer in command of the BFP with the rank of
chief superintendent shall have the position title of
Deputy Chief for Operation of Fire Bureau.
The fourth officers in command of the BFP with the
rank of chief superintendent shall have the respective
position title of Chief of Directorial Staff of the Fire
Bureau, who shall be assisted by the directors of
directorates in the respective national headquarters
office with atleast the rank of senior superintendent.
The BFP shall establish, operate and maintain their
respective regional offices in each of the administrative
regions of the country which shall be headed by a
Regional Director for Fire Protection with the rank of
senior superintendent. He/she shall be respectively
assisted by the following officers with the rank of
superintendent: Assistant Regional Director for
Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff.
SECTION 4. Professionalization and Upgrading of
Qualification Standards in the Appointment of
Uniformed Personnel to the BFP. – No person shall be
appointed as uniformed personnel of BFP unless
he/she possesses the following minimum qualifications:

a) A citezen of the Republic of the Philippines;

b) A person of good moral character;
c) Must have passed the psychiatric/psychological,
drug and physical test for the purpose of
determining his/her physical and mental health;
d) Must possess a baccalaureate degree from
recognized institution of learning;
e) Must possess the appropriate civil service eligibility;
f) Must not have been dishonorably discharged of
dismissal for cause from previous employment;
g) Must not have been convicted by final judgement of
an offense or crime involving moral turpitude;
h) Must be atleast one meter and sixty-two
centimeters (1.62 m.) in height for male, and
one meter and fifty-seven centimeters (1.57 m.) for
female: Provided, That a waiver for height and age
requirement/s shall be automatically granted to
apllicants belonging to the cultural communities;
and
i) Must weight not more or less than five kilograms (5
kgs.) from the standard weight corresponding to
his/her height, age and sex.
Provided, That a new applicants must be less than
twenty one (21) nor more than thirty (30) years of age:
except for this particular provision, the above
enumerated qualifications shall be continuing in
character and an absence of any one of them at any
given time shall be ground separation or retirement
from the service: Porvided,further, That the uniformed
personnel who are already in the service upon the
effectivity of this Act shall be given five (5) years to
obtain the minimum educational qualification and one
(1) year to satisfy the weight requirement.
After the lapse of the time of period for the satisfaction
of a specific requirement, current uniformed personnel
of the BFP who will fail to satisfy any of the
requirements enumerated under this Section shall be
separated from the service if they are below fifty (50)
years of age and have served in the government for less
than twenty (20) years, or retired if they are age fifty
(50) and above and have served in the government for
atleast twenty (20) years without prejudice in either
case to the payment of benefits they may be entitled to
under existing laws.
SECTION 5. Appointment of Uniformed Personnel to
the BFP. – The appointment of the BFP shall be effected
in the following manners:

a) Fire Officer I to Senior Fire Officer IV. – Appointed by

the respective Regional Director for Fire Protection
and Regional Director for Jail Management and
Penology for the regional office uniformed
personnel or by the respective Chief of the Fire
Bureau for the national headquarters office
uniformed personnel, and attested by the Civil
Service Commission (CSC);
b) Fire Inspector to Fire Superintendent. – Appointed
by the respective Chief of the Fire Bureau and Chief
of the Jail Bureau, as recommended by their
immediate superiors, and attested by the CSC;
c) Fire Senior Superintendent. – Appointed by the
Secretary of the DILG upon recommendation of the
respective Chief of the Fire Bureau and Chief of the
Jail Bureau, with the proper attestation of the CSC;
and
d) Fire Chief Superintendent to Fire Director. –
Appointed by the President upon recommendation
of the Secretary of the DILG, with the proper
endorsement by the Chairman of the CSC.
SECTION 6. Lateral Entry of Officer into the BFP. – In
general, all original appointments of officers in the Fire
Bureau shall commence the rank fire inspector wherein
applicants for lateral entry into the BFP shall include all
those with highly specialized and technical
qualifications such as, but not limited to, civil
engineers, mechanical engineers, electrical engineers,
chemical engineers, chemist, achitects, criminologists,
certified public accountants, nurses, physical therapists,
and dentists. Doctor of Medicine, members of the
Philippine Bar and chaplains shall be appointed to the
rank of fire senior inspector in their particular technical
service. Graduate of the Philippine National Police
Academy (PNPA) shall be automatically appointed to
the initial rank of fire inspector.

SECTION 7. Professionalization and Upgrading of

Qualification Standards in the Designation of
Uniformed Personnel of the BFP to Key Positions. –

a) No person shall be designated to the following key

positions of the BFP unless he/she has met the
qualifications provided therein:
1) Municipal Fire Marshal. – Should have the rank of
senior inspector, who must have finished atleast
second year Bachelor of Laws or earned atleast
twelve (12) units in a master’s degree program in
public administration, management, engineering,
public safety, criminology or other related
disciplines from recognized institution of learning,
and must have satisfactory passed the necessary
training of career courses for such position as may
be established by the Fire Bureau;
2) City Fire Marshal. – Should have the rank of chief of
senior inspector, who must have finished atleast
second year Bachelor of Laws or earned atleast
twenty four (24) units in mater’s degree program in
public administration, management, engineering,
public safety, criminology or other related
disciplines from recognized institution of learning,
and must have satisfactory passed the necessary
training of career courses for such position as may
be established by the Fire Bureau;
3) District Fire Marshal, Provincial Fire Marshal,
Assistant Regional Director for Administration,
Assistant Regional Director for Operatios and
Regional Chief of Directorial Staff. – Should have the
rank of superintendent, who must be a graduate of
Bachelor of Laws or a holder of a master’s degree in
public administration, management, engineering,
public safety, criminology or other related
disciplines from recognized institution of learning,
and must have satisfactory passed the necessary
training of career courses for such position as may
be established by the Fire Bureau;
4) District Fire Marshal for the National Capital Region,
Regional Director for Fire Protection and Director of
the Directorate of the National Headquarters Office.
– Should have atleast the rank of senior
superintendent, who must be a graduate of
Bachelor of Laws or a holder of master’s degree in
public administration, management, engineering,
public safety, criminology or other related
disciplines from recognized institution of learning,
and must have satisfactory passed the necessary
training of career courses for such position as may
be established by the Fire Bureau;
5) Deputy Chief for Administration of the Fire Bureau,
Deputy Chief for Operations of the Fire Bureau and
Chief Directorial Staff of the Fire Bureau. – Should
have the rank of chief superintendent, who must be
a member of the Philippine Bar or a holder of a
master’s degree in public administration,
management, engineering, public safety,
criminology or other related disciplines from
recognized institution of learning, and must have
satisfactory passed the necessary training of career
courses for such position as may be established by
the Fire Bureau; and
6) Chief of the Fire Bureau. – Should have the rank of
director, who must be a member of the Philippine
Bar or a holder of a master’s degree in public
administration, management, engineering, public
safety, criminology or other related disciplines from
recognized institution of learning, and must have
satisfactory passed the necessary training of career
courses for such position as may be established by
the Fire Bureau.

Any uniformed personnel of the BFP who is currently

occupying such position but lacks any of the
qualifications mentioned therein shall be given three
(3) years upon the effectivity of this Act to comply with
the requirements, otherwise he/she shall be relieved
from the position.

SECTION 8. Professionalization and Qualifications

Upgrading Program. – The DILG shall design and
establish a professionalization and qualifications
upgrading program for uniformed personnel of the BFP
in coordination with CSC and the Commission on
Higher Education (CHED) though an off-campus
education program or other similar programs within
ninety (90) days from the effectivity of this Act.
SECTION 9. Attrition System for the Uniformed
Personnel of the BFP. – There shall be established a
system of attrition for the uniformed personnel of the
BFP within one (1) year from the effectivity of this Act
to be submitted by said bureau to the DILG for
approval. Such attrition system shall include, but is not
limited to, the provision of the following principles:
a) Attrition by Demotion in Position or Rank. – Any
uniformed personnel of the BFP who is relieved and
assigned to a position lower than that is established
for his/her grade in the respective staffing pattern
of the Fire Bureau, and who shall not be assigned to
a posiiton commensurate to his/her grade within
two (2) years after such demotion in position shall
be separated or retired from the service;
b) Attrition by Non-Promotion. – Any uniformed
personnel of the BFP who has not been promoted
for a continuous period of ten (10) years shall be
separated or retired from the service, except for
those who are occupying a third-level position;
c) Attrition by Other Means. – Any uniformed
personnel of the BFP with atleast five (5) years of
accumulated active serviceshall be separated from
the service based on any of the following factors:
1) Inefficiency based on poor performance during the
last two (2) successive semestral ratings period;
2) Inefficiency based on poor performance for three
(3) cumulative semestral rating period;
3) Physical and/or mental incapacity to perform
his/her duties and functions; or
4) Failure to complete the required career courses
and/or appropriate civil service eligibilityfor his/her
position except for justifiable; and
d) Separation or Retirement from the Fire Bureau
under this Section. – Any personnel who is
dismissed from the BFP pursuant to the above-
enumerated principles in this Section shall be
separated if he/she has rendered less than twenty
(20) years of service and be retired if he/she has
rendered atleast twenty (20) years of service unless
the concerned personnel is disqualified by law to
receive such benefits.
SECTION 10. Promotion System for the Uniformed
Personnel of the BFP and BJMP. – Within six (6)
months after the affectivity of this Act, the DILG shall
establish a system of promotion for the uniformed
personnel of the BFP and the BJMP though the
following principles:

a) Rationalized Promotion System. – The system of

promotion shall be based on merits and on the
availability of vacant ranks in the BFP and the BJMP
staffing pattern.
Such system shall be gender-fair so as to ensure that
women personnel of the Fire Bureau and the Jail
Bureau shall enjoy equal opportunity for promotion
as to men;

b) Requirements for Promotion. –

1) Any personnel of BFP and the BJMP shall not

eligible for promotion to a higher rank unless
he/she has met the minimum qualification
standards or the appropriate civil service,
eligibility set by the CSC, and has the satisfactorily
passed the required psychiatric/psychological,
drug and physical test.
2) Any personnel of the BFP and the BJMP who has
exhibited act of conspicuous courage and gallantry at
the risk hi/her life above and beyond the call of duty,
or selected as such in a nationwide search conducted
by any accredited civic organization, shall be
promoted to the next higher rank, Provided, That
these shall be validated by the DILG and the CSC
based on established criteria.
SECTION 11. Performance Evaluation System. – There
shall be established a performance evaluation system
which shall be administered with accordance with the
rules, regulations, and standards, and a code conduct
for the uniformed personnel of the BFP and the BJMP
to be promulgated by the Fire Bureau and the Jail
Bureau through the DILG. Such performance evaluation
system shall be administered in such a way as to foster
the improvement of the individual efficiency and
behavioral discipline as well as the promotion of
organizational effectiveness and commitment to
service.
The rating system as contemplated herein standard
shall be based on standard prescribed by the Fire
Bureau and the Jail Bureau through the DILG and shall
be consider the result of the annual
psychiatric/psychological and physical test conducted
on the uniformed personnel of the BFP and the BJMP.
SECTION 12. Standardization of the Base Pay,
Retirement and the other Benefits of The Uniformed
Personnel of the BFP and the BJMP. – In order to
enhance the general welfare, commitment to service
and professionalism of the uniformed personnel of the
BFP and the BJMP, they shall receive the minimum
starting salary equivalent to the salary grade level of
the corresponding rank classification of their
counterparts in PNP, as provided under Section 36 of
Republic Act No. 8551, and in the AFP, as provided
under Section 2 of Republic Act No. 9166.
The rate of the base pay of the uniformed personnel of
the BFP and the BJMP shall be adjusted in accordance
with the following salary grade schedule:

RANK SALARY GRADE

Fire/Jail Director 28
Fire/ Jail Chief 27
Superintendent
Fire/ Jail Senior 26
Superintendent
Fire/Jail Superintendent 25
Fire/Jail Chief Inspector 24
Fire/ Jail Senior Inspector 23
Fire/ Jail Inspector 22
Senior Fire/Jail Officer IV 19
Senior Fire/ Jail Officer III 18
Senior Fire/ Jail Officer II 17
Senior Fire/ Jail Officer I 16
Fire/ Jail Officer III 14
Fire/ Jail Officer II 12
Fire/ Jail Officer I 10
Provided, That all Benefits currently receive by the
uniformed personnel of the BFP and the BJMP under
existing laws shall continue to be received by them:
Provided, Further, That their retirement pay shall be
subject to adjustment/s based on the prevailing scale
of base pay of the uniformed personnel in the active
service.

SECTION 13. Implementation. – The implementation of

this Act shall be undertaken in staggered phases, but
not to exceed three (3) years, taking into consideration
the financial position of the national government:
Provided, That any partial implementation shall be
uniform and proportionate for all ranks.
SECTION 14. Implementation Rules and Regulation. –
The DILG in coordination with the BFP and the BJMP,
the CSC, the Department of Budget and Management
(DBM), and the Department of Finance (DOF) shall,
within ninety (90) days from the affectivity of this Act,
Promulgated the rules and regulations necessary to
implement the provision of this Act.
SECTION 15. Annual Report. – The BFP and the BJMP
through the DILG and the DBM shall jointly submit to
the President of the Senate and the Speaker of the
House of Representatives an annual report on the
implementation of this Act. This report shall include
information on the application of the budget for the
salary and other benefits provided under this Act.
The DBM, in consultation with the BFP and the BJMP
though the DILG, shall periodically review and adjust
every five (5) years the rates of base pay, taking into
consideration labor productivity, consumer price index,
oil price and other similar economic indicators as may
determined by the National Economic and
Development authority (NEDA).
The beginning of the country’s Fire Service entity dates
back to 1901 with the pioneer firefighters of the Manila
Fire Department which has headed by New Yorker
Capt. F>R> Dodge as the Fire Chief.
Since then the Manila Fire Department had Gradually
grown and became the launching point of the fire
service units in the neighboring towns and cities.
Eventually. The fire protection system expanded to
other parts of the country.
For long time, firemen like the police and jail forces had
been under the control of local government authorities
until in the mid 70’s , they were integrated into the
defunct PC/INP which was a national agency under the
Department of National Defense (DND).
For several years under the PC/INP organization, the
Fire Service had proven its efficiency in the field of
public service.
The passage of Republic Act. (RA) 6975 in 1990
changed the entire organization. Better known as the
Department of the Interior and Local Government Act
of 1990 (DILG Act of 1990), the PC/INP was dissolve
and was divided into three (3) separate agencies,
namely: the Philippine National Police (PNP), the
Bureau of Jail Management and Penology (BJMP), and
the Bureau of Jail under the auspices of the
Department of the Interior and Local Government
(DILG).
The Bureau of Fire Protection, referred to as the Fire
Bureau, was created under Rule VIII, Section 49 of
Republic Act 6975.
In Section 50 of the same Act, the Bureau is responsible
for the prevention and suppression of all destructive
fires on buildings, houses, and other structures, forests,
land transportation vehicles and equipment, ships or
vessels docked at piers or wharves or anchored in
major seaports, petroleum industry installations, plane
crashes and other similar incidents, as well as the
enforcement of the Fire Code..
Then the existing powers and functions delegated to
the Station Commanders, Provincial Superintendents,
Regional Directors, Director General INP, and the
Secretary of National Defense under the PC/INP set-up
are now exercised by the City/Municipal Fire Marshals,
Provincial Fire Marshals, Director of the Fire Bureau
and the Secretary of the DILG, respectively.
The Fire Bureau is also empowered to investigate all
causes of fires and, if necessary, file the proper
complaints with the city or provincial prosecutor who
has jurisdiction over the case.
The BFP is a community- oriented government agency
that provides assistance to the citizenry not only during
fire but also in times of typhoons, floods, earthquakes,
vehicular accidents, and various other calamities.
While its primary mission is to serve the fire safety
needs of the country, the Fire Bureau is also active in
rescue, evacuation, paramedic, and relief operation in
any life-threatening situation.
OUR MISSION: The BUREAU OF FIRE PROTECTION (BFP)
shall ensure public safety through the prevention of
and suppression of all kinds of destructive fires with
the active support of the community, enforce the Fire
Code and has the power to investigate all causes of fire
and if necessary, file the proper complaints with the
appropriate agency.
OUR VISION: The BUREAU OF FIRE PROTECTION
ENVISIONS a modernized efficient and responsive
national fire protection agency fully-equipped and
manned by highly-trained officers and men capability,
as well as resilience and strength to confront the
onslaught of raging fire and other disasters and
calamities.
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT
BUREAU OF FIRE PROTECTION
 BFP GRIEVANCE MACHINERY (BFP GM)

In line with the Revised Policies on the settlement

of Grievances contained in Civil Service Commission
(CSC) Memorandum Circular No. 02,s 2001, the Bureau
of Fire protection(BFP) hereby adopts the herein
Grievance Machinery (GM)
I. PURPOSE
The grievance machinery prescribes the policies
and procedures governing the expeditious, fair and
equitable resulting of grievance in the Bureau of Fire
Protection.
II. BASIC POLICIES
1. A grievance shall be resolved expeditiously at all
times at the lowest possible level in the BFP.
However, in case of failure to reach a settlement, the
aggrieved party shall present his/her grievance to the
next higher authority following the hierarchy of
positions.
2. The grievance proceeding shall be aimed at
determining what proper action should be done to
resolve the grievance expeditiously.
3. The BFP shall ensure that its Grievance Machinery is
responsive to grievances covered under this circular.
4. Grievance party shall be assured freedom from
coercion, discrimination, reprisal and based action on a
presented grievance.
5. Grievance proceedings shall not be bound by legal
rules and technicalities. Even verbal grievance must be
acted upon expeditiously. The services of a legal counsel
shall not be allowed.
6. A Grievance shall be in the form of a complaint
presented verbally or in writing by the aggrieved party to
his or her or immediate supervisor, the grievance shall be
presented to the next higher supervisor.
7. The top management shall ensure equal
opportunity for men and women to be represented
in the Grievance Committee.
8. Only permanent officials and employees, whenever
applicable, shall be designated as members of the
Grievance Committee to the designation of the
committee members, integrity, sincerely and
credibility shall be considered.
9. Supervisors or officials who refuse to take on a
grievance brought to their attention shall be liable
for neglect of duty in accordance with existing civil
service law, rules and regulations.
10. The right to appeal on a grievance in accordance
with the provisions of this Grievance Machinery
shall not be curtailed.
III. OBJECTIVES

1. General
The BFP Grievance Machinery aims to create a work
atmosphere conductive to a harmonious employee
relations and improved employee morale.

2. Specific
Specifically, the BFP GM aim to:
a. Settle grievances at the lowest possible level in the
BFP organization;
b. Serve as catalyst for the development of capabilities
of personnel in dispute settlement, especially
among supervisors in the agency;
c. Establish an orderly method for handling disputes
and grievances; and
d. Allow the parties equal opportunity to be heard and
to appeal the results of the grievance negotiation
step by step until a final, binding and executory
decision is reached.
IV. SCOPE
The BFP Grievance Machinery applies to all
uniformed and non-uniformed personnel of the Bureau
of Fire Protection. It may also apply to non-career
employees whenever practicable. Grievance may occur
in any of the following:

a. between and among individual employees and

supervisor, between and among supervisors, or
between employees and management; and
b. all matters giving rise to employee dissatisfaction.
V. DEFINITION OF TERMS

Accredited or Recognized Employee Union – refers to

an employee union accredited pursuant to Executive
Order No. 180 and its implementing rules and
regulations.
Aggrieved Party – is the party who has a grievance and
seeks redress therefore or for it.
Bilis Aksyon Partner – refers to the counterpart action
partner of the Civil Service Commission under the
Mamamayan Muna Program in every agency pursuant
to CSC MC No. 3, s. 1994.
Grievance – is a work-related discontent or
dissatisfaction expressed verbally or in writing, and
which in the aggrieved employee’s opinion has been
ignored or dropped without due consideration
Grievance Procedure – refers to the procedure for
seeking redress of grievances in accordance with the
provisions of the Grievance Machinery.
Grievance Machinery – refers to the Personnel
Mechanism established in a government agency to
address grievance between or among government
officials and employees. Immediate Supervisor – is the
direct supervisor of an employee
Party Complained Of – refers to the person who is the
subject of the complaint or grievance
Public Sector Labor Management Council (PSLMC) – is
the council responsible for the promulgation,
implementation and administration of the guidelines
for the exercise of the right government employees to
organize pursuant to Executive Order No. 180.
Top Management – refers to the national headquarters
if the matter is in the national level and Regional
Offices if the matter is in the regional level.
IV. APPLICATION OF GRIEVANCE MACHINERY

The following instances must be acted upon

through the Grievance Machinery:

1. Non-implementation of policies, Practices and

procedures relating to economic and financial
issues and other terms and conditions of
employment fixed by law, including salaries,
incentives, working hours, and leave benefits, such
as delay in the processing of overtime pay,
unreasonable withholding of salaries and inaction
on application for leave;
2. Non-implementation of policies, practices and
procedures which affect employees from
recruitment to promotion, detail, transfer,
retirement, termination, lay-offs, and other related
issues that affect them such as failure to observe
selection process in appointment, and undue delay
in the processing of retirement papers;
3. Inadequate physical working conditions such as lack
of proper ventilation in the workplace and
insufficient facilities and equipment necessary for
the safety and protection of employees who nature
and place of work are classified as high risk or
hazardous.
4. Poor interpersonal relationships and linkages such
as unreasonable refusal to give official information
by one employee to another.
5. Protest on appointments; and
6. All other matters giving rise to employee
dissatisfaction and discontentment outside of those
cases enumerated above
7. The following cases shall not be acted upon through
the grievance machinery:

a. Disciplinary cases which shall be resolved

pursuant to the Uniform Rules on Administrative
Cases;
b. Sexual harassment cases as provided for in RA
7877; and
c. Union-related issues and concerns.
VII. GRIEVANCE PROCEDURE
The procedures for seeking redress of grievances
shall be as follows:
1. Discussion with Immediate Supervisor. At the first
instance, a grievance shall be presented verbally or
in writing by the aggrieved party to his or her
immediate supervisor. The supervisor shall verbally
inform the aggrieved party of the corresponding
action within three (3) working days from date of
presentation; provided, however, that where the
subject of the grievance is the immediate
supervisor, the aggrieved party may bring the
grievance to the next higher supervisor.
2. Appeal to the Higher Supervisor. If the aggrieved
party is not satisfied with the verbal decision, he or
she may submit the grievance in writing within (5)
days to the next higher supervisor who shall render
his or her decision within (5) working days from
receipt of the grievance.
3. Appeal to the Grievance Committee. The decision of
the next higher supervisor may be elevated to the
grievance committee within five (5) working days
from receipt of the decision for the next higher
supervisor. The Grievance committee may conduct
an investigation within (10) working days from
receipt of the grievance and render a decision
within five (5) working days after the termination of
the investigation; provided, however, that where
the subject of the grievance is the Grievance
Committee, the aggrieved party may submit the
grievance to top management.
4. Appeal to Top Management. If the aggrieved party
is not satisfied with the decision of the Grievance
Committee, he or she may elevate his or her
grievance within five (5) working days from receipt
of the decision to top management that shall make
the decision within ten (10) working days after the
receipt of the grievance; provided, however, that
where the subject of the grievance is the top
management may bring his or her grievance directly
to the Civil Service Commission Regional Office.
5. Appeal to the Civil Service Commission Regional
Office. If the aggrieved party is not satisfied with
the decision of the top management, he or she may
appeal or elevate his or her grievance to the Civil
Service Commission Regional Office concerned
within fifteen (15) working days from the receipt of
such decision. Together with the appeal, the
aggrieved party shall submit a Certificate of Final
Action on the Grievance (CFAG). The Civil Service
Commission Regional Office shall rule on the appeal
in accordance with existing civil serve laws, rules
and regulations.
6. Unless appealed in accordance with the grievance
procedure, the decision rendered by competent
authorities shall take effect after fifteen (15) days
from receipt if no appeal has been taken by either
parties.
7. Contents of the written Grievance. The aggrieved
party may file a written complaint which includes
the following information:
a. Date Filled
b. Name of Aggrieved Party/ Complainant
c. Position Title/ Designation of Aggrieved Party (if
any)
d. Nature/ Subject of Grievance
e. Action Desired
f. Section/ Division/ Office (where the aggrieved party
is assigned)
g. Aggrieved Party’s Higher Supervisor
h. Signature of Aggrieved Party
VIII.GRIEVANCE COMMITTEE

A. Composition of the Grievance Committee

1. National Headquarters
• Chairperson – Director for Administration
• Members
Chief of Administrative Division
Chief of Internal Affairs Services
Chaplain
National Enlisted Senior Fire Officer (NESFO)
2. Regional Offices
• Chairperson – Assistant Regional
Director for Administration
• Members
Chief of Administrative Division
Chief of Internal Affairs Services
Chaplain/ Chief of Operations Division
Regional Enlisted Senior Fire Officer (RESFO)
3. Provincial District Offices
• Chairperson – Deputy Provincial/District
Fire Marshal
• Members
Chief of Administrative Section
Chief of Operations Section
4. City/Municipal Fire Stations
• Chairperson – Deputy City/Municipal
Fire Marshal
• Members
Chief of Administrative Section
Chief of Operations Section
B. RESPONSIBILITIES OF THE GRIEVANCE COMMITTEE

In addition to finding the best way to address a

specific grievance, the Grievance Committee shall have
the following responsibilities:

1. Establish its own internal procedures and strategies

Membership in the grievance committee shall be
considered part of the member’s regular duties.
2. Develop and implement pro-active measures or
activities to prevent grievance such as employee
assembly which shall be conducted at least ince
every quarter, “talakayan,” counseling and other
human resourse interventions. Minutes of the
proceedings of these activities shall be documented
for the audit purposes.
3. Conduct continuing information drive on Grievance
Machinery among officials and employees in
collaboration with the personnel section.
4. Conduct dialogue between and among the parties
involved.
5. Conduct investigation and hearing.
6. Issue Certificate of Final Action on the Grievance
(CFAG) which shall contain, among other things, the
history and final action taken by the agency on a
grievance.
7. Submit a quarterly report of its accomplishments
and status of unresolved grievances to the Civil
Service Commission Regional Office concerned.
C. RESPONSIBILITIES OF THE PERSONNEL SECTIONS

1. The BFP Personnel Section shall extend secretariat

service to the Grievance Committee.
2. The BFP Personnel Section in collaboration with the
Grievance Committee, shall conduct a continuing
information drive on Grievance Machinery among
BFP officials and employees.
X. EFFECTIVITY
This Grievance Machinery shall take effect
immediately upon approval by the Civil Service
Commission Regional Office concerned.

XI. COMMITMENT
I hereby commit to implement the provisions of
the Grievance Machinery and take necessary action in
accordance with existing civil service laws; rules and
regulations against supervisors or officials who shall
refuse to act on a grievance brought before their
attention
UNIFORM RULES ON ADMINISTRATIVE CASES IN
THE BUREAU OF FIRE PROTECTION
 BFP MEMORANDUM CIRCULAR NO. 2006-005

Pursuant to Section 55 of Republic Act No 6975

(otherwise known as the “Department of the Interior
and Local Government Act of 1990”), which mandates
the Fire Chief to recommend to the Secretary, DILG the
Disciplinary Machinery governing the conduct of all
officers and men, as well as the non-uniformed
personnel in the Bureau of Fire Protection, the
undersigned Officer-in-Charge, Bureau if Fire Protection
hereby, subject to the approval of the Secretary,
Department of the Interior and Local Government,
promulgates rules and regulations governing the
investigation and adjudication of administrative cases
in the Bureau of Fire Protection, to wit:
 RULE I
GENERAL PROVISIONS

Section 1. Purpose. To ensure uniformity in the

conduct of investigation and disposition of cases
against BFP members; to have a speedy, fair and
judicious disposition of cases; and to empower the
Regional Directors, Provincial/District/City/Municipal
Fire Marshals in disciplining their personnel in
accordance with these rules and other related laws.

Section 2. Scope. These rules shall be applicable

to all cases against BFP personnel, except where a
special law provides otherwise.
 Section 3. Title. These rules shall be known as
the Uniform Rules on Administrative Cases in the
Bureau of Fire Protection.

Section 4. Definition of Terms. The terms

hereunder shall be construed as follows:

a. BFP PERSONNEL refers to the men and women in

the Bureau of Fire Protection, either uniformed or
non-uniformed personnel.
b. SHO refers Summary Hearing Officer who shall
conduct the formal hearing.
c. SILG refers to the incumbent Secretary of the
Department of the Interior and Local Government.
d. DISCIPLINING AUTHORITY refers to the C, BFP;
Regional Director; P/DFM/ C/MFM and substation
commander having disciplining authority over their
respective personnel.
e. RESPONDENT refers to the BFP personnel who is
formally charged by the disciplining authority.
f. PERSON COMPLAINED OF refers to the BFP
personnel who is the subject of a complaint but
who is not yet formally charged by the disciplining
authority.
g. PARTY ADVERSELY AFFECTED refers to the
respondent against whom a decision in a
disciplinary case has been rendered.
h. FORUM-SHOPPING refers to the filing of an
administrative action or complaint before another
agency or any tribunal against the same party
involving the same acts or causes of action and
relief.
Section 5. Technical Rules in Administrative
Investigations. Administrative invesigations and
dispositions shall be conducted without necessarily
adhering strictly to the technical rules of procedure and
evidence applicable to judicial proceedings.
 RULE II
DISCIPLINING AUTHORITY

Section 6. Municipal/City Fire Marshals. The

Municipal/City Fire Marshals shall have the original and
concurrent authority with their Provincial/District and
Regional Director to discipline and impose penalty of
reprimand and suspension of not exceeding fifteen (15)
calendar days over BFP personnel under their
respective jurisdictions.
 Section 7. Provincial/District Fire Marshals. The
Provincial/District Fire Marshals shall have the original
and concurrent authority with the Regional Director to
discipline and impose penalty of reprimand and
suspension of not exceeding thirty (30) calendar days
over BFP personnel under their jurisdiction.

Section 8. Regional Directors. The Regional

Directors shall have the original and concurrent
authority to discipline and impose penalty of
reprimand to dismissal of BFP personnel having the
rank of FO1 to SFO4 or NUP occupying first level
 positions at the time of the commission of the offense,
and reprimand and suspension of not exceeding six (6)
months over other BFP personnel under their
jurisdiction.

Section 9. Chief, BFP. The Chief, BFP shall have

the authority to discipline and impose penalty of
reprimand and dismissal of all BFP personnel, except
those occupying third level position as provided by
these rules and other laws.
 Section 10. Hierarchy of the Disciplining
Authority. It is understood, once the higher authority
took cognizance of the administrative case, the lower
disciplining authority shall cease and desist from
further disposing of the case; immediately inform the
parties; and submit its records to such higher
disciplining authority investigating the case.
 RULE III
INTERNAL AFFAIRS SERVICE

Section 11. The Internal Affairs Service of the

National Headquarters, Regional, Provincial/District,
City or Municipal Offices, or Station/Substation, if there
is any, shall:

a. Receive complaints;
b. Investigate complaints in accordance with these
rules;
c. Submit a report of its findings/resolution relative to
the existence of prima facie case with the
corresponding recommendation to the disciplining
authority for the filing of formal change; otherwise
the recommendation shall be fir the dismissal or
the complaint;
d. Act as the prosecutor during the formal hearing;
and
e. Perform other duties as may be directed by the
higher authority.
 RULE IV
COMMENCEMENT OF ADMINISTRATIVE ACTION

Section 12. Complaint or Delinquency Report. All

proceedings must be commenced by a complaint or
delinquency report against the BFP personnel who
appears to be responsible therefor.
Section 13. Complaint. A complaint against BFP
personnel shall not be given due course unless it is in
writing and subscribed and sworn to by the complaint.
However, in cases initiated bu the proper disciplining
authority, the complaint or delinquency report need
not be under oath.
 No anonymous complaint shall be entertained
unless there is obvious truth or merit to the allegations
therein or it is supported by documentary or direct
evidence, in which case the person complained of may
be required to comment.

The complaint should be written in clear, simple

and concise language, and i a systematic manner as to
apprise the person complained of the nature and cause
of the accusation against him and to enable him to
intelligently prepare his defense or answer.
 The complaint should contain the following:

a. Full name and address of the complainant;

b. Full name and address of the person complained of
as well as his position and office of employment;
c. A narration of the relevant and material facts which
show the acts or omission as allegedly committed
by the civil servant;
d. Certified true copies of documentary evidence and
affidavits of his witnesses, if any; and
e. Certification or statement of non-forum shopping.

In the absence of any one of the aforementioned

requirements, the complaint shall be dismissed.
 Section 14. When and Where to File a
Complaint. – Except when otherwise provided for by
law, an administrative complaint may be filed at
anytime with the Disciplining Authority or the Internal
Affairs Service having jurisdiction over the person
complained of for the purpose of conducting
preliminary investigation.

Section 15. Withdrawal of the Complaint. – The

withdrawal of the complaint does not result in its
outright dismissal nor discharge the person complained
of from my administrative liability. Where there is
obvious truth or merit to the allegation in the
complaint or where there is documentary evidence that
would tend to prove the guilt of the person complained
of, the same should be given due course.
 Section 16. Action on the Complaint. – Upon
receipt of a complaint which is sufficient in form and
substance, the disciplining authority or investigator-on-
case shall require the person complained of to submit a
counter-affidavit/comment under oath, in five (5)
copies, within three (3) days from receipt.

Section 17. Preliminary Investigation. – A

preliminary investigation involves the ex parte
examination of records and documents submitted by
the complainant and the person complained of, as well
as documents readily available from other government
 offices. During said investigation, the parties are given
the opportunity to submit affidavits and counter-
affidavits. Failure of the person complained of to
submit his counter-affidavit shall be considered as a
waiver thereof.

Thereafter, if necessary, the parties may be

summoned to a conference where the investigator may
ask clarificatory and other relevant questions.
 Upon receipt of the counter-affidavit or
comment under oath, the disciplining authority or
investigator-on-case may now determine whether a
prima facie case exists to warrant the issuance of a
formal change.
 A fact-finding investigation may be conducted
further or prior to the preliminary investigation for the
purpose of ascertaining the truth. A preliminary
investigation necessarily includes a fact-finding
investigation.

Section 18. Duration of the Investigation. – A

preliminary investigation shall commence not later than
five (5) days from receipt of the complaint by the
disciplining authority or investigator-on-case and shall
be terminated within thirty (30) days thereafter.
 Section 19. Investigation Report. – Within five
(5) days from the termination of the preliminary
investigation, the investigating officer shall submit the
investigation report and the complete records of the
case to the disciplining authority.

Section 20. Decision or Resolution after

Preliminary Investigation. – If a prima facie case is
established during the preliminary investigation, the
disciplining authority shall issue a formal charge. A
formal hearing if elected or necessary shall follow.
 In the absence of a prima facie case, the
complaint shall be dismissed by the disciplining
authority.

Section 21. Formal Charge. – After a finding of a

prima facie case, the disciplining authority shall
formally charge the person complained of. The formal
charge shall contain a specification of charge(s) a brief
statement of material or relevant facts, accompanied
by certified true copies of the documentary evidence, if
any; sworn statements covering the testimony of
witnesses; a directive to answer the charge(s) in writing
under oath in not less than seventy-two (72) hours
from receipt thereof; an advice for the respondent to
indicate in his answer whether or not he elects a formal
hearing of the charge(s); and a notice that he is entitled
ti be assisted by a counsel of his choice.

The disciplining authority or SHO shall not

entertain request for clarification, bills of particulars or
motions to dismiss which are obviously designed to
delay the administrative proceedings. If any of these
pleadings are interposed by the respondent, the same
shall be considered as an answer and shall be evaluated
as such.
 Section 22. Answer. The answer, which is in
writing and under oath, shall be specific and shal
contain material facts and applicable lawsm, if any,
including documentary evidence, sworn statements
covering testimonies of witnesses, if any, in support of
his case. It shall also include a statement indicating
whether or not he elects a formal hearing.
 Section 23. Failure to File an Answer. If the
respondent fails or refuses to file his answer to the
formal charge within (5) days from receipt therof, hw
shall be considered to have waived his right thereto
and formal investigation may commence.

Section 24. Preventive Suspension. Upon motion

of the complainant or motu proprio, the Regional Fire
Marshal of Fire Chief, upon recommendation of the
investigator-on-case, may issue and order of preventive
suspension upon service of the Formal Charge or
immediately thereafter to any subordinate officer or
employee under his authority pending an investigation,
if the charge involves:

a. Dishonesty;
b. Oppression;
c. Grave misconduct;
d. Neglect in the performance of duty; or
e. If there are reasons to believe that the respondent is
guilty of charge which would warrant his removal
from the service.
An order of preventive suspension may be issued to
temporarily remove the respondent from the scene if
his misfeasance or malfeasance and to preclude the
possibility if exerting undue influence or pressure on
the witnesses against him or tampering of
documentary evidence on file with his office.

In lieu of preventive suspension, for the same

purpose, the proper disciplining authority or head of
office may reassign respondent to other unit of the
agency during the formal hearings.
 Section 25. Duration of Preventive Suspension.
When the administrative case against an officer or
employee under preventive suspension is not finally
decided by the disciplining authority within the period
if ninety (90) days after the date of his preventive
suspension, unless otherwise provided by special law,
he shall be automatically reinstated in the service;
provided that, when the delay in the disposition if the
case is due to the fault, negligence ir petition of the
respondent, the period of delay should not be included
in the counting of the 90 calendar days period of
preventive suspension; provided further that, should
the respondent be on maternity/paternity leave, said
preventive suspension shall be deferred or interrupted
until such time that said leave has been fully enjoyed.
 Section 26. Remedies from the Order of
Preventive Suspension. The respondent may file a
motion for reconsideration with the disciplining
authority or may elevate the same to the higher
disciplining authority by way of an appeal within fifteen
(15) days from receipt thereof.

Section 27. Conduct of Formal Hearing.

Although the respondent does not request a formal
investigation, one shall nevertheless be conducted by
the disciplining authority or SHO where from the
allegations of the complaint and the answer of the
respondent, including the supporting documents of
both parties, the merits of the case cannot be decided
judiciously without conducting such hearing.

The investigation shall be held not earlier that

five (5) days nor later than ten (10) days from receipt of
the respondent’s answer. Said investigation shall be
finished within thirty (30) days from the issuance of the
formal charge or the receipt of the answer unless the
period is extended by the disciplining authority or SHO
meritorious cases.
 Section 28. Pre-Hearing Conferences. – All the
commencement of the formal hearing, the disciplining
authority or SHO may conduct a pre-hearing
conference for the parties to appear, consider and
agree on any of the following:

a. Stipulation of facts;
b. Simplification of issues;
c. Identification and marking of evidence of the
parties;
d. Waiver of objections to admissibility of evidence;
e. Limiting the number of witnesses and their names;
f. Dates of subsequent hearings; and
g. Such other matters that may aid in the prompt and
just resolution of the case.

The parties may submit position

paper/memoranda and submit the case for resolution
based on the result of the pre-hearing conference
without any need for further hearings.
 Section 29. Continuous Hearing Until
Terminated; Postponement. – Hearings shall be
conducted on the hearing dates set by the disciplining
authority or SHO, or as agreed upon during the pre-
hearing conference.

Where no pre-hearing conference is conducted,

the parties, their counsel and witnesses, if any, shall be
given a notice of at least five (5) days before the first
scheduled hearing specifiying the time, date and place
of the said hearing and subsequent hearings.
 Thereafter, the schedule of hearings previously
set shall be strictly followed without further notice. A
party shall be granted only three (3) postponements
upon oral or written requests. A fourth postponement
may be granted only upon written request, subject to
the discretion of the disciplining authority or SHO.

If the respondent fails or refuses to appear

during the scheduled hearings despite due notice, the
hearing shall proceed ex parte and the respondent is
deemed to have waived his right to be present and to
submit evidence his favor during those hearings.
 Section 30. Preliminary Matters. – At the start of
the hearing, the disciplining authority or SHO shall note
the appearances of the parties and shall proceed with
the reception of evidence for the complainant.

If the respondent appears without the aid of a

counsel, he shall be deemed to have waived his right
thereto.

Before taking the testimony of a witness, the

disciplining authority or SHO shall place him under oath
and then take his name, address, civil status, age, and
place of employment.
 A sworn statement of a witness properly
identified and affirmed shall constitute his direct
testimony, copy furnished the other party. Clarificatory
questions may also be asked.

Section 31. Appearance of Counsel. – Any

counsel appearing for either the respondent or
complainant before any hearing or investigation shall
manifest orally or in writing, stating his full name, IBP
receipt and exact address where he can be served
notices and other pleadings. Any pleading or
appearance of a counsel without complying with the
above stated requirements shall not be recognized.
 Section 32. Order of Hearing. – Unless the
disciplining authority or SHO directs otherwise, the
order of hearing shall be as follows:

a. The prosecution shall be present its evidence

subject to the pre-hearing agreement;
b. Cross-examination by the party;
c. There may be redirect and re-cross-examination;
d. The respondent shall then offer evidence to his
defense following the manner of prosecution;
e. Rebuttal and sur-rebuttal, if any.
 When the presentation of evidence has been
concluded, the parties shall formally offer their
respective evidence either orally or in writing and
thereafter objections thereto may be made either
orally or in writing. After which, both parties may be
given time to submit their respective
memorandum/comment which in no case shall be
beyond five (5) days after the termination of the
investigation. Failure to submit the same within the
given period shall be considered a waiver thereof.
 Section 33. Objections. – All objections raised
during the hearing shall be resolved by the disciplining
authority or SHO. However, objections that cannot be
ruled upon by the hearing officer shall be noted with
the information that the same shall be included in the
memorandum/comment of the concerned party to be
ruled upon by the proper disciplining authority.

The disciplining authority or SHO shall accept all

evidence deemed material and relevant to the case. In
case of doubt, he shall allow the admission of evidence
subject to the objection interposed against its
admission.
 Section 34. Markings. – All documentary
evidence or exhibits shall be properly marked by letters
(A,B,C, etc.) if presented by the complainant and by
numbers (1,2,3, etc.) if presented by the respondent.
These shall form part of the complete records of the
case.

Section 35. Request for Subpoena. – if a party

desires the attendance of a witness or the production
of documents, he shall make a request for the issuance
of the necessary subpoena ad testificandum and/or
subpoena duces tecum at least three (3) days before
the scheduled hearing.
 Section 36. Issuance of Subpoena. – The
disciplining authority or SHO may issue subpoena ad
testificandum to compel the attendance of witnesses
and subpoena duces tecum for the production of
documents or things.

Section 37. Records of Proceedings. – Records of

the proceedings during the formal investigation may be
taken in shorthand or stenotype or any other means of
recording.
 Section 38. Filling of Motions, Petitions, Appeals
and Other Pleadings. – Any motion, petition, appeal
and other pleadings sent by mail shall be deemed filed
on the date shown by the postmark on the envelope
which shall be attached to the records of the case and
in case of personal delivery, the date stamped thereon
by the disciplining office.

Section 39. Effect of the Pendency of an

Administrative Case. – Pendency of an administrative
case shall not disqualify respondent for promotion
from claiming maternity/paternity benefits.
 For this purpose, a pending administrative case
shall be construed as follows:

a. When the disciplining authority has issued a formal

change; or
b. In case of a complaint filed by a private person, a
prima facie case is found to exist by the disciplining
authority.
 Section 40. Formal Hearing Report. – Within
fifteen (15) days after the conclusion of the format
hearing, a report containing a narration of the
materials facts established during the hearing or
investigation, the findings and the evidence supporting
said findings, as well as the recommendations, shall be
submitted by the SHO the disciplining authority. The
complete records of the case shall be attached to the
Report of Hearing or Investigation.
The complete records shall be systematically and
chronologically arranged, paged and securely bound to
prevent loss. A table of contents shall be prepared.
Whoever is in charge of the transmittal of the complete
records shall be held responsible for any loss or
suppression of pages thereof.

Section 41. When Case is Decided. – The

disciplining authority shall render his decision on the
case within (30) days from receipt of the Report of
Hearing.
 Section 42. Finality of Decisions. – A decision
rendered by the Fire Chief shall be final and executory.
However, if the penalty imposed is dismissal, the same
shall be final and executory after the lapse of the
reglementary period for filling a motion for
reconsideration or an appeal and no such pleading has
been filed.
 RULE V
MOTION FOR RECONSIDERATION

Section 43. Filing of Motion for Reconsideration.

– The party adversely affected by the decision may be
file a motion for reconsideration with the disciplining
authority who rendered the same within fifteen (15)
days from receipt thereof.

Section 44. When Deemed Filed. – a motion for

reconsideration sent by mail shall be deemed filed on
the date shown by the postmark on the envelope
which shall be attached to the records of the case and,
In case of personal delivery, the date stamped thereon
by the proper office.

Section 45. Grounds for Motion for

Reconsideration. – The motion for reconsideration
shall be based on any of the following

a. New evidence has been discovered that materially

affects the decision rendered;
b. The decision is not supported by the evidence on
record; or
c. Errors of law or irregularities have been committed
prejudicial to the interest of the movant.

Section 46. Limitation. – Only one motion for

reconsideration shall be entertained.

Section 47. Effect of Filling. – The filling of a

motion for reconsideration within the reglementary
period of fifteen (15) days shall stay the execution of
the decision sought to be reconsidered.
 RULE VI
APPEALS

Section 48. Decision of City or Municipal Fire

Marshal; Where to Appeal. – An appeal from a
decision or final order of a Municipal/City Fire Marshal
may be taken to the Provincial/District Fire Marshal
exercising jurisdiction over the area to which the
former pertains.

Section 49. Decision of Provincial/District Fire

Marshal; Where to Appeal. - An appeal from a decision
or final order of a Provincial/District Fire Marshal may
be taken to the Regional Fire Marshal exercising
jurisdiction over the area to which the former pertains

Section 50. Decision of Regional Fire Marshal;

Where to Appeal. – An appeal from a decision of a
Regional Fire Marshal may be taken to the Fire Chief,
thru SHO, BFP National Headquarters.

However, the appeal from decision of the

Regional Fire Marshal in exercise of appellate
jurisdiction shall not stay the decision or final order
sought to be reviewed unless the Fire Chief directs
otherwise upon such terms as he may deem just.
 Section 51. Decision of the Fire Chief; Where to
Appeal. – An appeal from a decision of the Fire Chief
may be taken to the Secretary of the Department of the
Interior and Local Government. Pending appeal, the
same shall be executory except where the penalty is
removal, in which case the same shall be executory
only after confirmation by the Secretary.

Section 52. Appeal to Disciplining Authority;

When not to be Entertained. – The appellate
disciplining authority shall not entertain an appeal
taken from:
a. An order denying a motion for new trail or
reconsideration;
b. An interlocutory order;
c. An order disallowing or dismissing appeal;
d. An order of execution of judgment; or
e. An order dismissing an action without prejudice.

Section 53. When to Appeal. – An appeal may be

taken within fifteen (15) days after notice to the
appellant of the decision or final order appealed.
 Section 54. How to Appeal. – The appeal taken
by filling a notice of appeal including the notice of
memorandum/comment shall be filed with the
appellate authority, copy furnished the disciplining
office. The latter shall submit the records of the case in
three (3) clear and authenticated copies, which shall be
systematically and chronologically arranged, paged and
securely bound to prevent loss with its comment,
within fifteen (15) days to appellate authority.
 Section 55. When Deemed Filed. – An appeal
sent by mail shall be deemed filed on the date shown
by the postmark on the envelope which shall be
attached to the records of the case and, in case if
personal delivery, the date stamped thereon by the
proper office.

Section 56. Perfection of an Appeal. – To perfect

an appeal, the appellant shall within fifteen (15) days
from receipt of the decision submit the following:
a. Notice of appeal, which shall specifically state the
date of the decision appealed from and the date of
receipt thereof;
b. Three (3) copies of appeal memorandum/comment
containing the grounds for the appeal, together
with the certified true copy of the decision,
resolution or order appealed, and certified copies of
the documents or evidence;
c. Proof of service of a copy of the appeal
memorandum/comment to disciplining office a
quo; and
d. A statement or certification of non-forum shopping.
 Failure to comply with any of the above
requirements within the reglementary period shall be
construed as failure to perfect an appeal and shall
cause its dismissal.

Section 57. When Deemed Filed. – An appeal

sent by mail shall be deemed filed on the date shown
by the postmark on the envelope which shall be
attached to the records of the case and, in case of
personal delivery, the date stamped thereon by the
proper office.
 Section 58. Appeal Fee. – The appellant shall pay
an appeal fee of Three Hundred Pesos (P300.00) and a
copy of the receipt thereof shall be attached to the
appeal.

Section 59. When Case is Remanded for

Violation of Respondent’s Right to Due Process. – If
the case on appeal with the Fire Chief or SILG is
remanded to the proper disciplining authority for
further investigation, the said disciplining authority
shall finish the hearing within three (3) calendar
months from the date of receipt of the records from
the Commission, unless the hearing is delayed due to
the fault, negligence or petition of the respondent, or
an extension is granted by the Fire Chief or SILG in
meritorious cases. The period of delay shall not be
included in the computation of the prescribed period.

Section 60. Petition for Review. – A complainant

may elevate the decision of the lower disciplining
authority dismissing a complaint for lack of a prima
facie case before the Fire Chief or SILG through a
petition for review within fifteen (15) days from the
receipt of said decision.
 Section 61. Recommendation for an Executive
Clemency. – In meritorious cases and upon
recommendation of the Fire Chief or SILG, the
President may commute or remove administrative
penalties or disabilities imposed upon officers or
employees in disciplinary cases, subject to such terms
and conditions as he may impose in the interest of the
service.

For this purpose, a petition for favorable

recommendation for the grant of executive clemency
may be filed by a dismissed or disciplined employee,
With the Fire Chief or SILG upon submission of the
following:

a. Certified true copy of the decision in the disciplinary

case with a favorable recommendation by the
disciplining authority;
b. Certification from the reputable members of the
community where he resides to the effect that he
has become a useful member thereof;
c. Proof of non-pendency of an appeal/petition for
review relative to his disciplinary case before any
court/tribunal; and
d. Proof of payment of Three Hundred (P300.00)
Pesos.
 RULE VII
CLASSIFICATION OF OFFENSES AND PENALTIES

Section 62. Classification of Offenses. –

Administrative offenses with corresponding penalties
are classified into grave or light, depending on their
gravity and effects on the government service.

A. The following are grave offenses with their

corresponding penalties:
 1. DISHONESTY

- The penalty of dismissal shall be imposed upon any

member of the bureau of Fire Protection who shall
commit any of the following:

a. Enter in his Information Sheet or CSC 212 Form or

Personal Data Sheet or submitted 201 Files material
facts that are not true, or conceal or distort facts.
b. Make a false investigation report or entry in the fire
blotter or in any Bureau record.
c. Give deliberate false testimony against or in favor of
a person facing criminal, administrative or
disciplinary charge.
d. Destroy, conceal or tamper physical evidence to be
presented in court by exchanging, altering,
damaging or deleting as to effect its original
appearance, composition and content.
e. Personally use for his or another any stolen
property which is recovered, found or abandoned.
f. Use properties stolen, found or abandoned on
account of any fire occurrence.
g. Solicit money or any valuable consideration on
amicable settlement of cases under investigation.
h. Commit thievery during rescue, salvage, and fire
fighting operation.
i. Conceal or distort truth relevant to one’s office or
connected to the performance of duties.
j. Conceal documents or object to obstruct justice.
k. Such other circumstances analogous to the
foregoing.
 2. GROSS NEGLECT OF DUTY

- The penalty of dismissal shall be imposed upon any

member of the Bureau of Fire Protection who shall
commit any of the following Gross Neglect of Duty:

a. Deliberately fail or refuse to take command in an

emergency in order to carry out a fireman’s duty,
being the officer present with the highest rank,
grade or position.
b. Deliberately fail or refuse to perform his assigned
task or fail to participate in an operation during
conflagration.
c. Deliberately fail to administer first aid then able
and/or convey to the nearest hospitals, victims of
fire incident and others who are dying and need
urgent medical or surgical attention.
d. Deliberate fail to respond to a fire alarm at the
earliest possible time.
e. Deliberate quell a disturbance or to protect a
person from death or injury when able to do so.
f. Deliberate fail to apprehend/arrest arsonist where it
is her/his duty to do so.
g. Deliberately fail to implement or follow any
important or urgent lawfull order without justifiable
cause.
h. Perform any other act analogous to the foregoing.
 3. GRAVE MISCONDUCT

- The penalty of dismissal shall be imposed upon any

member of the Bureau of Fire protection who shall
commit any of the following grave misconduct:

a. Maltreat his subordinate or immediate member of

his office;
b. Manufacture or sell of dangerous drugs;
c. Join strike or refuse to report for duty in order to
secure changes in terms and conditions of his
employment, or to oust the Fire Chief or any other
officer from office.
d. Publicity consort with women of all ill repute and/or
scandalously cohabit with or maintain a
wife/husband other than his/her legitimate spouse.
e. Commit any other act analogous to the foregoing.
 4. BEING NOTORIOUSLY UNDESIRABLE

- The penalty of dismissal shll be imposed upon any

member of the Bureau of Fire Protection who is
Being Notoriously Undesirable mainly on the general
reputation for being difficult to work with, due to
his/her quarrelsome attitude and/or repeated
infractions of office rules.
 5. CONVICTION OF A CRIME INVOLVING MORAL
TURPITUDE

- The penalty of dismissal shall be imposed upon any

BFP member who is convicted of a crime involving
moral turpitude by a final judgement of a regular
court.
 6. FALSIFICATION OF OFFICIAL DOCUMENT

- The penalty of dismissal shall be imposed upon any

member of Bureau of Fire Protection who, taking
advantage of his position, shall commit any of the
following falsification of official document:

a. Counterfeiting or imitating any handwriting,

signature, rubric;
b. Causing it to that person have a participated in act
or proceeding when they did not in fact so
participate;
c. Attributing to person who have participated in an
act orproceeding statements other tahn those in
fact made by the;
d. Making untruthful statements in a narration of
facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine
document which changes its meaning;
g. Issuing in an authenticated form a document
purporting to be a copy of an original document
when no such original exists, or including in such
copy a statement contrary to, or different from, taht
of the genuine original; or
h. Intercalating any instrument or note relative to the
issuance thereof in protocol, registry, or official
book.
7. PHYSICAL OR MENTAL INCAPACITY OR DISABILITY DUE
TO IMMORAL OR VICIOUS HABITS

- The penalty of dismissal shall be imposed upon any

BFP member who is physically and mentally
incapable and unable to perform his duty an
responsibility due to his/her immoral and vicious
habits.
 8. ENGAGING DIRECTLY OR INDIRECTLY IN PARTISAN
POLITICAL ATIVITIES

- The penalty of dismissal shall be imposed upon any

BFP member who shall, without authority, engage
directly or indirectly in partisan political activities .
 9. RECEIVING FEE, GIFT OR OTHER VALUABLE
CONSIDERATION

- The penalty of dismissal shall be imposed upon any

BFP member, shall receive for personal use of a fee,
gift or other valuable things in tha course of official
duties or in connection therewith when such fee, gift
or other valuable thing is given by any person in tha
hope or expectations of receiving a favor or better
treatment than the that accorded to other persons,
or committing acts punishable under the anti-graft
laws.
 10. CONTRACTING LOAN AND OTHER PROPERTY

• The penalty of dismissal shall be imposed upon any

BFP member who shall contract a loan of money or
other property from persons with whom the office of
the BFP member has business relations.
 11. SOLICITING OR ACCEPTING ANY GIFT, etc.

- The penalty of dismissal shall be imposed upon any

BFP member who shall solicit or accept directly or
indirectly, any gift, gratuity, favor, entertainment,
loan or anything of monetary which in the course of
his official duties, or in connection with any
operation being regulated or any transaction which
may be affected by the functions of his office. The
propiety or impropiety of the foregoing shall be be
determined by its value, kinship, or relationship
between giver and receiver, and the motivation. A
thing of monetary value is one which is evidently or
manifestly excessive by its very nature.
 12. NEPOTISM

- Except as otherwise provided by the law, the penalty

of dismissal shall be imposed upon any appointing
authority in the BFP who shall appoint in favor of his
relative within the third civil degree, either by
consanguinity or of affinity of the appointing or
recommending authority in the BFP.
13. DISLOYALTY TO THE REPUBLIC OF THE PHILIPPINES
AND TO THE FILIPINO PEOPLE

- The penalty of dismissal shall be imposed upon any

BFP member who shall breach or renounce his
allegiance to the Republic of the Philippines and to
the Filipino people.
 14. OPPRESSION

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense and
dismissal for the second offense shall be imposed
upon any BFP member who shall act with cruelty,
severity, unlawfull exaction, domination or excessive
use of authority upon his subordanate or to the
general public.
 15. DISGRACEFULL AND IMMORAL CONDUCT

• The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for the second offense shall be imposed
upon any BFP member who shall conduct himself
which willfull, flagrant, or shameless, and which
shows a moral indifference to the opinion of the
good and repectable members of the community.
 16. INFFICIENCY AND INCOMPETENCE IN THE
PERFORMANCE OF OFFICIAL DUTIES

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for the second offense shall be imposed
upon any BFP memeber who is inefficient or
incompetent in the performance of his official duties.
 17. FREQUENT UNAUTHORIZED ABSENCES OR
TARDINESS

– The of suspension for six (6) months and one (1) day
to one (1) year for the first offense, and dismissal for
the second offense shall be imposed upon any BFP
member who shall incur frequent unauthorized
absences, tardiness in reporting for duty, or loafing
during regular office hours.
 18. REFUSAL TO PERFORM OFFICIAL DUTY

- The penalty of suspension of six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for the second offense shall be imposed
upon any BFP member who shall refuse to perform
official duty.
 19. GROSS INSUBORDATINATION

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for the second offense shall imposed upon
any BFP member who shall refuse to obey important
order which a superior officer is entitled to give and
have obeyed.
20. CONDUCT PREJUDUCIAL TO THE BEST INTEREST OF
THE SERVICE

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offens, and
dismissal for the second offense shall be imposed
upon any BFP member who shall commit any of the
following:
a. Fail to acquire mission order from competent
authority before conducting fire safety inspection;
b. Not in proper uniform during the conduct of fire
safety inspection;
c. Fail to answer immediately hot-line telephone or
unauthorized using of hot-line telephon;
d. Reveal a secret or confidential office matter and
information and/or records, which would jeopardize
missions or cause damage to individuals and/or the
bureau.
e. Delibarate, or though negligence, destroy, damage
or lose government property entrusted to him for
official use.
f. Engaging directly or indirectly in the safe,
manufacture and/or recharging of fire
extinguishers.
g. Leading unlawfull protest against superior/s for
personal popularity and gain.
h. Provoking and challenging another to a fistfight or
duel.
i. Sell, pawn, rent or loan any government property
or any other fire fighting equipment or spare parts
to another person or establishment.
j. Countermand the lawful order of a superior officer.
k. Prevent a person under investigation to have the
right to counsel.
l. Commit any other act analogous to the foregoing.
21. DIRECTLY OR INDIRECTLY HAVING FINANCIAL AND
MANAGERIAL INTEREST

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for the second offense shall be imposed
upon any BFP member who shall directly or indirectly
having financial and material interest in any
transaction requiring the approval of his office. The
financial and material interst is defined as precuniary
or proprietary interest by which person will gain or
lose something.
 22. OWNING, CONTROLLING, etc.

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for the second offense shall be imposed
upon any BFP member who shall consultant, counsel,
broker, agent, trustee, or nominee in any private
enterprise regualated, supervised or licensed by his
office, unless authorized or expressly allowed by law.
 23. DISCLOSING OR MISUSING CONFEDENTIAL OR
CLASSIFIED INFORMATION

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for the second offense shall be imposed
upon any BFP member who shall disclose or misuse
confidential or classified information officially known
to him by reason of his office and not made available
to the public to further his private interets, give
undue advantage to anyone, or prejudice the public
interest.
 24. OBTAINING OR USING ANY STATEMENT
FILED

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismissal for second offense shall be imposed upon
any BFP member who shall obtain or use any
statement filed under the Code of Conduct and
Ethical Standards for Public Officials and Employees
for any purpose contrary to moral or public policy, or
any commercial purpose other than by news and
communications media for dissemination to the
general public.
25. RECOMMENDING ANY PERSON TO ANY POSITION
IN PRIVATE ENTERPRISE

- The penalty of suspension for six (6) months and one

(1) day to one (1) year for the first offense, and
dismssal for second offense shall be imposed upon
any BFP member who shall recommend any person
to any position in a private enterprise which has or
pending official transaction with his office, unless
such recommendation or referral is mandated by (1)
law; (2) international agreements, commitment and
obligation, or (3) as part of the function of his office.
B. The following are less grave offenses with the
corresponding penalties:
 1. SIMPLE NEGLECT OF DUTY

- The penalty of suspension for one (1) month and one

(1) day to six (6) months for the first time or
dismissal for the second time shall be imposed upon
any member of the Bureau of Fire Protection who
shall commit any of the following simple neglect
duty:
a. Fail to excute orders from higher authority or
tolerate any subordanate to ignore or ridicule any
order, rule and regulation.
b. Fail to make immediate correction or take
appropriate action when a dereliction, irregularity
or violation of law on duty is being committed in his
presence by a subordinate undder his command or
fail to report the same to his immediate officer
within twenty four (24) hours.
c. Fail to prepare disciplinary or administrative
complaint or take such other disciplinary action as
may be appropriate against a subordanate under his
office/command who has committed serious
dereliction or irregularity.
d. Fail to comply with any lawful order or instrution of
his/her superior/immediate officer.
e. Fail without justifitable reason to testify, when
called to appear before any office office of the
Internal Affairs Service or Disciplinary Authority or
SHO, when duly notified or summoned.
f. Fail to communicate to the Fire Chief, or his
superior/immediate officer, through channels any
valuable information that will lead to the early
solution of a case.
g. Fail to issue Fire Safety Inspection Certificates and
other pertinent documents upon laawful order of
competent authority within twenty-four (24) hours
without justifiable cause.
h. Fail to report as a Fire Officer any incident,
condition or fire occurence witnessed by or
reported to him, which calls for immediate
fireman’s action.
i. Be unavailable at his given address for an
unreasonable length of timeduring general
emergency call.
j. Sleeping on post, if required to be alert while on
duty.
k. Fail to perform any other act analogous to
foregoing.
 2. SIMPLE MISCONDUCT

- The penalty of suspension for one (1) day to six (6)

months for the first time or dismissal for the second
time shall be imposed upon any member of the
Bureau of Fire Protection who shall commit any of
the following simple misconduct:
a. Take advantage of his position by procuring goods
and commodities at a losing price to an unwilling
seller, or partaking of foods, drinks and cigarettes
free of charge.
b. Loiter in gambling joints, narcotics dens,
prostitution houses, hotels, mahjong joints,
cockpits, night clubs, cocktail lounge, bar, bookies’
corner and other questionable places while on duty.
c. Engage in gambling or regulated/prohibited games
of chance while off duty.
d. Be drunk and disorderly while on or off duty or
drunk while off duty and uniform when the same
has no connection with the performance of duty.
e. Maliciously intrigue against the honor of the co-
officer, indulge in idle gossip, or spread rumors that
tend to discredit another member or the whole
Bureau.
f. Exhibit marked discourtesy in the course of official
duties or use profane or insulting language to any
superior or immediate officer.
g. Associate or consort with known gamblers,
vagrants, smugglers, vice maintainers and crime
syndicates.
h. Serve as escort or security officer, whether on foot
or on vehicle, for any private individual regardless of
his status in social or religious circles on any
occasion unless authorized by the Fire Chief or
officials authorized to do so.
i. Abuse his authority in atyrannical, cruel, and
highhanded manner.
j. Using other name to gain personal favor or
advantage.
k. Using or taking dangerous drugs;
l. Commit ant other acts analogous to the foregoing.
 3. GROSS DISCOURTESY IN THE COURSE OF OFFICIAL
DUTIES

- The penalty of suspension for one (1) month and one

(1) year to six (6) months for the first time. Or
dismissal for the second time shall be imposed upon
any member of the Bureau of Fire Protection who
shall manifest discourtesy or disrespect towards
general public or to his fellow BFP member in the
course of official duties, or whose act brings insult to
the Civil Service Norms or the Code of Conduct and
Ethical Standards for Public Official and Employees.
 4. VIOLATION OF EXISTING CIVIL SERVICE LAW AND
RULES OF SERIOUS NATURE

- The penalty of suspension for one (1) day and one (1)
month to six (6) months for the first time, or
dismissal for the second time shall be imposed upon
any member of the Bureau of Fire Protection who
shall violate existing Civil Service laws nd rules of
serious nature.
 5. INSUBORDINATION

- The penalty of suspension for one (1) month and one

(1) year to six (6) months for the first time, or
dismissal for the second time shall be imposed upon
any BFP member who shall defy some order or
memorandum, not serious in nature, from superior
officer.
 6. Habitual Drunkenness

- The penalty of suspension of one (1) month and one

(1) day to six (6) months for the first time or
dismissal for the second time shall be imposed upon
any BFP members who shall frequently and
repeatedly become intoxicated by excessive
indulgence in intoxicating liquor so as to acquire a
fixed habit and involuntary tendency to become
intoxicated as often as the temptation is presented,
even though he remains sober for days or even
weeks at a time.
A person given to inebriety or the excessive use of
intoxicating drinks, who has lost the power of the will,
by frequent indulgence to control his appetite for it.
The custom or habit of getting drunk, the constant
indulgence in stimulates, whereby intoxication is
produced; not the ordinary use but the habitual use of
them; the habit should be actual and confirmed, but
need not be continuous, or even of daily occurrence.
That degree of intemperance from the use of
intoxicating drinks which disqualifies the person a
great potion of the time from properly attending to
business, or which would reasonably inflict a course of
a great mental anguish upon the innocent party.
 7. Unfair Discrimination

- The penalty of suspension for one (1) month and

one (1) day to six (6) months for the first time or
dismissal for the second time shall be imposed upon
any BFP member who shall unfairly discriminate in
rendering public service due to party affiliation or
reference.
8. Failure to file Sworn Statement of Assets Liabilities
and Net Worth , and Disclosure of Business Interest
and Financial Connections
- The penalty of suspension of one (1) month and (1)
day to six (6) months for the first time or dismissal
for the second time shall be imposed upon any BFP
members who shall fail to file sworn statements of
assets liabilities and net worth, and disclose business
interest and financial connections including those of
his spouse and unmarried children under eighteen
(18) years of age living in his households.
- The penalty of suspension for one (1) month and one
(1) day to six (6) months for the first time, or
dismissal for the second time shall be imposed upon
any member of the BFP who shall be fail to resign
from his position in the private business enterprise
within thirty (30) days from the assumption of public
office when conflict of interest arises, and/ or failure
to divest himself of his shareholdings or interest in
private business enterprise within (60) days from
assumption of public office when conflict or interest
arises; provided, however, that for those who already
in the service and conflict of interest, the official or
employee must either resign or divest himself of said
interest within the periods herein above; provided
further, the same shall be reckoned from the date
when the conflict of interest had arisen.
 9. Failure to Resign from Private Business

- The penalty of suspension for one (1) month and one

(1) day to six (6) months for the first time, or dismissal
for the second time shall be imposed upon any
member of the BFP who shall be fail to resign from his
position in the private business enterprise within thirty
(30) days from the assumption of public office when
conflict of interest arises, and/ or failure to divest
himself of his shareholdings or interest in private
business enterprise within (60) days from assumption
of public office when conflict or interest arises;
provided, however, that for those who already in the
service and conflict of interest, the official or employee
must either resign or divest himself of said interest
within the periods herein above; provided further, the
same shall be reckoned from the date when the conflict
of interest had arisen.
C. The following are Light Offenses with
corresponding penalties.

1. Discourtesy in the course of official duties

1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

2. Improper and unauthorized solicitation of

contributions from subordinate employees.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal
 3. Violation of reasonable office rules and
regulations.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

4. Frequent unauthorized tardiness (Habitual

tardiness)
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal
 5. Gambling Prohibited by law.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

6. Refusal to render overtime service.

1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

7. Disgraceful, immoral dishonest conduct prior

entering the service.
 1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

8. Borrowing money by superior officers from

subordinates.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

9. Lending money at usurious rates of interest.

 1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

10. Willful failure to pay just debts or willful failure

to pay taxes due to the government.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

11. Lobbying for personal interest or gain in

legislative halls and offices without authority.
 1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

12. Promoting the sale of tickets in behalf of private

enterprises that are not intended for charitable
or public welfare purposes, and even in the
latter cases, if there is no prior authority.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal
13. Failure to act promptly on letters and request
within fifteen ( 15) days from receipt, except as
otherwise provided in the rules implementing the
code of conduct and Ethical Standards for Public
Officials and Employees.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal
14. Failure to process documents and complete
action on documents and papers within a
reasonable time from preparation thereof, except
as otherwise provided in the rules implementing
the Code of Conduct and Ethical standards for
Public Officials and Employees.
 1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

15. Failure to attend to anyone who wants to avail

himself of the office, or act promptly and
expeditiously on public transactions.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal
16. Engaging in private practice of his profession
authorized by the constitution, law or regulation,
provided that practice will not conflict with his
official functions.
 1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal

17. Pursuit of private business, vocation or

profession without the permission required by
Civil Service rules and regulations.
1st offense – Reprimand
2nd Suspension 1-30 days
3rd offense – Dismissal
 Section 63. Mitigating Circumstances. - the
following are Mitigating Circumstances:

a. Physical illness
b. Good Faith
c. Length of service in the government
d. Other circumstances analogous to those
abovementioned

Section 64. Aggravating Circumstances. –

the following are aggravating circumstances.
a. Taking advantage of official position
b. Taking undue advantage of subordinate
c. Undue disclosure off confidential information
d. Use of government property in the
commission of the offense
e. Habituality.
f. Offense committed during office hours and
within the premises of the working office or
building
g. Employment fraudulent means to commit or
conceal offense
h. Other circumstances analogous to those
abovementioned.
Nevertheless, in the appreciation thereof, the same
must be invoked or pleaded by the proper party;
otherwise, said circumstances shall not be
considered in the imposition of the proper penalty.

Section 65. Manner of Imposition. - When

applicable the imposition of penalty may be in
accordance with the manner provided below:

a. The minimum of the penalty shall be imposed

where only mitigating and no aggravating
circumstances are present.
b. The medium of the penalty shall be imposed where
no mitigating and aggravating circumstances are
present.
c. The maximum of the penalty shall be imposed
where only aggravating and no mitigating
circumstances are present.
d. Where aggravating and mitigating circumstances
are present, paragraph [a] shall be applied where
there are more mitigating circumstances present;
paragraph [b] shall be applied when the
circumstances equally offset each other; and
paragraph [c] shall be applied when there are more
aggravating circumstances.
 Section 66. Penalty for the Most Serious
Offense. - If the respondent found guilty of two or
more charges or counts, the penalty to be imposed
shall be that corresponding to the most serious charge
or count and the rest shall be considered as aggravating
circumstances.

Section 67. Duration and effects of

administrative penalties. – The following rules shall
govern in the imposition of administrative penalties:
a. The penalty of dismissal shall result in the
permanent separation of the respondent from the
service, with or without prejudice to criminal or civil
liability.
b. The penalty of transfer shall carry with it the
sanction that failure on the part of the respondent
to seek transfer to another office within period of
not less than ninety (90) days, he shall be
considered resigned. The penalty of transfer may be
imposed with condition that the respondent shall
be barred from holding a position involving
property and money responsibility.
c. The penalty of demotion shall include reduction in
rank or salary, or both.
d. The penalty of suspension shall result in the
temporary cessation of work for a period not
exceeding one (1) year.
Suspension of one day or more shall be
considered a gap in the continuity of service. During
the period of suspension, respondent shall not be
entitled to all money benefits including leave
credits.
e. The penalty of fine shall be in an amount not
exceeding six (6) months salary of respondent. The
computation thereof shall be based on the salary
rate of the respondent when the decision becomes
final and executory.
f. The penalty of reprimand or censure shall not carry
with it any accessory penalty nor result in the
temporary cessation of work.
 Section 68. Administrative Disabilities/
Accessories to Administrative Penalties. –

a. Cancellation of eligibility.
b. Forfeiture of retirement benefits.
c. Disqualification of reinstatement or reemployment.
d. Disqualification for promotion.
e. Bar from taking any civil service examination.
Section 69. Administrative Disabilities Inherent in
certain Penalties. –

a. The penalty of dismissal shall carry with it

cancellation of eligibility, forfeiture of retirement
benefits, and the perpetual disqualification for
reemployment in the government service, unless
otherwise provided in the decision.
b. The penalty of transfer shall carry with it
disqualification for promotion for a period of six (6)
months from the date the respondent report to the
new position or station.
c. The penalty of demotion shall carry with it
disqualification for promotion at the rate of two
(2) months for every step or one month for every
range of salary by which he was demoted to be
computed from the date respondent reports to the
new position or station.
d. The penalty of suspension shall carry with it
disqualification for promotion corresponding to the
period of suspension.
e. The penalty of fine shall carry with it
disqualification for promotion for a period twice
the number of days he was finished.
f. The penalty of fine shall be paid to the agency
imposing the same, computed on the basis of
respondent’s salary at the time the decision
becomes final and executory.
g. The following are the guidelines for the payment
of fine.
1. Fine shall be paid within the period of not
exceeding one year reckoned from the date the
decision/resolution becomes final and executory.
2. The fine may be paid in equal monthly
installments subject to the following schedule of
payment:

a. Fine equivalent to (1) month salary be paid within

(2) months.
b. Fine equivalent to two (2) months salary shall be
paid within two (4) months;
c. Fine equivalent to three (3) months salary shall be
paid within six(6) months;
d. Fine equivalent to four (4) months salary shall be
within eight (8) months.
e. Fine equivalent to five (5) months salary shall be
paid within ten (10) months;
f. Fine equivalent to six (6) months salary shall be
paid within twelve (12) months;
3. Should the respondent fail to pay in full the fine
within the prescribed period, he shall be deemed
to have failed to serve the penalty imposed,
hence, the disqualification for promotion shall
remain in effect until such time that the fine is
fully paid.

h. The penalty of reprimand shall not carry with it any

of the accessory penalties.
i. A warning or admonition shall not be considered a
penalty.
 Section 70. Effect of Exoneration on Certain
Penalties. –

a. In case the penalty imposed is a fine, the same shall

be refunded.
b. In case the penalty imposed is demotion, the
exonerated employee shall be restored to his
former position without loss of seniority rights with
payment of salary differentials.
c. In case the penalty imposed is transfer, he shall
immediately be restored to his former post unless
he decides otherwise. In case there is demotion in
rank, salary or status, he shall be restored to his
 former rank, salary or status.
d. In case the penalty imposed is suspension, he shall
immediately be reinstated to his former post
without loss of seniority rights and with payment of
back salaries.
e. In case the penalty imposed is dismissal, he shall
immediately be reinstated without loss of seniority
rights and with payment of back salaries.
 Mandatory leave, benefits shall not be charged
against the respondent’s leave credits.

The respondent who is exonerated by final

judgment shall be entitled to the leave credits for the
period he had been out of service.
 RULE VIII
MISCELLANEOUS PROVISIONS

Section 71. Schedule of filing fees. - The

following are the schedule of fees subject to revision
from the time when the need arises;

a. Appeal - P 300.00
b. Protest - P 300.00
c. Petition for review - P 300.00
d. Complaints/appeal on other personnel
and non- disciplinary action – P 300.00
e. Favorable Recommendation for
Executive Clemency – P 300.00
f. Correction of Personal Information in
the Records of the Civil Service
Commission – P 100.00
 Section 72. Executive of Decision. – The
decisions of the disciplining authority shall be
immediately executory after fifteen (15) days from
receipt thereof, unless a motion for reconsideration is
seasonably filed, in which case the execution of the
decision shall be held in abeyance.

Section 73. Implementation of Final Decisions. -

The Fire Chief or Regional Fire Marshal shall monitor
the immediate implementation of these decisions.
 Section 74. Effect of Pendency of Petition for
Review/Certiorari with the Court. – The filing and
pendency of a petition for review with the Court shall
not stop the execution of the final decision of the
disciplining authority unless the Court issues a
restraining order or an injunction.

Section 75. Non-execution of Decision. – Any

officer or employee, who willfully refuses or fails to
implement the final resolution, decision, order or ruling
of the disciplining authority to the prejudice of the
public service and the affected party, may be
administratively charged with conduct prejudicial to the
best interest of the service or neglect of duty.
 Section 76. Computation of Period. – In
computing any period of time prescribed by these
Rules, the first day shall be excluded and the last day
included unless a Saturday, a Sunday or a legal holiday,
in which case the period shall run until the end of the
next working day which is neither a Saturday, Sunday
nor a legal Holiday.

Copies of decisions and other communications

shall be served to counsel and receipt by either counsel
or party shall be deemed to be a valid service. The
period to perfect a motion for reconsideration or an
appeal shall be reckoned from the date of receipt of
counsel or party, whichever is later.
 RULE IX
REPEALING CLAUSE

Section 77. Rules and Regulation and other

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

Section 78. The Rules of Court as amended and

Civil Service Laws shall be applicable supletorily.
 RULE X
EFFECTIVE CLAUSE

Section 79. The Memorandum Circular shall take

effect immediately upon approval.
Done this 27th day of October 2006.

JOSE E. COLLADO, CES (E)

CSUPT (DSC) BFP
Officer-in-Charge
Approved:
(SGD) ATTY. MARIUS P. CORPUS
Undersecretary for Public, DILG.
OPERATIONAL STANDARDS ON COMPREHENSIVE FIRE
AND ARSON INVESTIGATION AND FILING OF
CRIMINAL COMPLAINT PROCEDURE GENERAL
As mandated by the provisions of Section 50,
Rule VII, Implementing Rules and Regulations of
Republic Act 6975 otherwise known as the Department
of the Interior and Local Government Act of 1990,
stipulates among others that the Bureau of Fire
Protection shall have the Power to investigate all causes
of fire and necessary, file the proper complaint to the
City or Provincial Prosecutor's Office which has
jurisdiction over the case.
The tasks and responsibility of the fire arson
investigators are not only limited in conducting
exhaustive investigation and filing of complaints to the
prosecutor’s office but also includes the appearance
and giving of testimonies before the court of law during
legal proceedings.
The criminal offense of Arson is punishable
under the Revised Penal Code particularly Articles 320
to 326-B as amended in Presidential Decree 1613, 1744
and Section 10 Republic Act 7659 (Heinous Crime Law).
As provided by law, it is the prosecution who has
burden of proof and the quantum of evidence is proof
beyond reasonable doubt.
 Once proven, the maximum highest penalty for
its commission is life imprisonment under the present
rule since the abolition of the death penalty law.
Arson is a classic heinous crime that requires
skillful, scientific and systematic investigation
procedure thus, the respective chiefs of the
investigation and intelligence offices of the BFP are
joined closely supervise and conduct of the
investigation in order to attain effective and plausible
results.
 This BFP Standard Operating Procedure Nr IID
2008 – 01 otherwise known as: OPERATIONAL
STANDARDS ON COMPREHENSIVE FIRE AND ARSON
INVESTIGATION AND FILING OF CRIMINAL COMPLAINT
PROCEDURES.

II. PURPOSE
A. To have a clear and explicable guidelines in
conducting fire and arson investigation and the
filing of the necessary compliant documents before
the office of the City/Provincial Prosecutor.
B. To have a uniform and systematic procedures in the
conduct of fire and arson investigation from the BFP
National.
C. To ensure the quality and value of the investigation
being conducted by all BFP fire and arson
investigators and disposition of fire and arson cases.

III. INTIAL ACTIONS DURING ALARMS

During the occurrence of a fire incident,
the following initial actions should be assumed by the
fire arson investigator:
Section 1 – Upon the notification of a fire call or fire
incident, the duty Fire Arson Investigator (FAI) who has
jurisdiction over the location of the fire incident shall
mandatory to immediately respond at the soonest
possible time. The conduct of initial inquiry through
interview and elicitation from all available witnesses at
the fire scene must be done instantaneously.
Section 2 – as soon as the area of origin or the focal
point of the fire is ascertained, the FAI shall make
necessary coordination with BFP firefighting personnel
to include the volunteer fire brigades to exert diligent
and careful efforts in the conduct of fire suppression
operation in the identified AREA OF ORIGIN to preserve
the EVIDENTIAL VALUE and the focal point of the fire
that might be destroyed due to excessive flooding in
the areas.
Section 3 – the fire scene should be well protected and
secured. Coordination with local police units or
barangay personnel should be done in order to secure
the fire scene from looters and other persons who has
intention of entering the burned premises, so as to
avoid contamination of the fire areas.
Section 4 – in the event that the FAI discovered
SUSPECTED HAZARDOUS MATERIALS / suspected illegal
or regulated chemicals, during the conduct of
investigation of the burned premises, the
circumstances shall be immediately reported to proper
office (e.g. BFP Hazardous Materials Office or other law
enforcement agency).
Section 5 – Once the Fire Ground Commander (FGC)
declared “FIRE OUT”, the FAI shall take cognizance the
responsibilities of PROTECTING and SECURING the
whole fire scene by sealing closing the perimeter with
barricade tape (Fire Lanes). Posting of uniformed BFP
personnel for security purposes may also be carry out
as deemed necessary.
IV. DUTIES OF THE FIRE ARSON INVESTIGATION
The following are the mandatory duties of the Fire
Arson Investigators conducting thorough investigation
on the fire scene:
SECTION 1 – Shall perform systematic scientific
examinations and visual reconstruction of the fire
scene. This is also to include the COMPLETE
DOCUMENTATION AND PROPER RECORDING of the fire
area by the use of photography diagrammatic sketch
and notes. The diagrammatic sketch should clearly
depict the FIRST SCENE, its AREA/ POINT OF ORIGIN,
AREA MEASUREMENTS, LOCATION OF EVIDENCE and
other important details.
SECTION 2 – Conduct interview to all witnesses. The
interview should be done in QUESTION AND ANSWER
FORM and shall be done under oath preferably by a
person of authority whenever available, or be
administered by the concerned BFP officer with the
rank of INSPECTOR and above. The authority of a BFP
officer to administer oath is pursuant to the provisions
of Chapter III, Section 50 of RA 6975.

All witnesses to be conducted with a formal

interview shall be FORMALLY INVITED to the fire station
/ investigation office concerned in a form of INVITATION
LETTER.
Section 3 – Conduct THOROUGH ANALYSIS of the fire
scene in order to identify the IDNITION SOURCE, initial
materials ignited and other factors which bring them
together to produce a fire. Examination of FIRE SPREAD
and FIRE PATTERN which includes thermal effects on
materials such as charring, oxidation, consumption of
combustibles, smoke and soot deposits, distortion,
malting effect, color change changes of material
structure and structural collapse, must be conducted.
Section 4 – Identify, recognize and collect physical
evidence found at the fire scene that have PROBATIVE
Value on fire cause determination. Pieces of evidence
to be collected shall be photographed first and shall be
collected in the presence of witnesses independent to
the investigating body. PROPER DOCUMENTATION,
SEALING and PACKAGING of evidence recovered prior
to submission to Arson Laboratory Section (ALS)- BFP
National Headquarters for laboratory examination shall
be observed. The FAI shall strictly follow the
instructions pertaining to evidence collection and
handling as stipulated in MEMORANDUM CIRCULAR
NR. 2006- 01: GUIDELINES IN THE HANDLING,
PRESERVATION.
TRANSPORT AND SUBMISSION OF PHYSICAL
EVIDENCE AT THE ALS-BFP NATIONAL HEAD
QUARTERS
Section 5 – on the first phase of the investigation, the
FAI shall prepare the LISTING OF DOCUMENTS needed
by the fire. The required documents are as follows:

A. Affidavit of loss pertaining to Fire damage (itemizes

and duly notarized)
B. Sworn statement of loss submitted to insurance
adjusters/companies.
C. Latest inventory of stocks prior to the fire incident.
D. Complete inventory of salvaged items after the fire
incident.
E. Complete copies of insurance policies to include co-
insurances.
F. Income Tax Return (ITR) for the last three (3) years.
G. Financial statements for the last three (3) years.
H. Balance states for the last three (3) years.
I. Mayor’s permit and Business Licenses.
J. Occupancy permit.
K. Department of Trade and Industry (DTI) registration.
L. Securities and Exchange Commission (SEC)
registration.
M. Latest Fire Safety Inspection Certificate (FSIC).
N. Complete list of employees.
O. Approved Floor, Building and Electrical Plans.
P. Copy of Lease contract Agreement.
Q. Land title/tax declaration.
Section 5.1 – The above listed documents to be
secured to the fire victim will vary based on the TYPE
OF OCCUPANCY or the INVOLVED STRUCTURE gutted by
fire. Any other documents that may be irrelevant based
on type of occupancy may not be required. In addition,
the FAI are also AUTHORIZED TO REQUIRE any other
pertinent documents, materials and items to the fire
victims as determined by the FAI concerned, that will
give support to the conduct of investigation.
Section 6 -The FAI must inform all concerned person,
occupants and management of the burned premises
that the fire scene is RESTRICTED TO ENTRY to any
person until the investigation being conducted by the
BFP at the burned premises is COMPLETED and /or
TERMINATED. Any REMOVAL, RETRIEVAL of items
stored at the scene of the fire, DEMOLITION,
RECONSTRUCTION, and REHABILITATION of the fire
scene is only allowed upon securing approval to the
investigating body through submission of a formal
written request by the fire victim.
 The said formal written request should contain
specific purpose. It should be addressed to the
respective CHIEFS OF THR BFP INVISTIGATION AND
INTELLIGENCE OFFICES through the FIRE ARSON
INVESTIGATOR handling the case. The concerned Chief
of the Investigation and Intelligence Office, together
with his proper recommendation, shall endorse the
subject letter request of the fire victim to the
concerned BFP HEAD OF OFFICE, who shall then issue
the PROPERTY RECOVERY AND CLEARING PERMIT
(PRCT) to the requesting party. In such cases that the
fire incident is suspected to be INTENTIONAL in nature,
issuance of PRCP or temporarily RESTRICTED, until
proven otherwise. If the fire incident is found to be
intentional in nature and case is already filed in the
court of law, it will be the discretion of the court
handling the case whether to issue appropriate
document in the clearing or demolition of the burned
premises.
Section 7 – In such event that the death results from
the fire incident (FATAL FIRES), the concerned FAI shall
immediately sought the assistance of the PHILIPPINE
NATIONAL POLICE – SCENE OF THE CRIME OPERATION
(PNP-SOCO) or any other legal/recognized group for
lifting the autopsy of the cadaver/body found at the
fire/crime scene.
Section 8 – All conduct of follow-up investigation to the
fire incident should be covered with appropriate
letter/Mission Order signed by the respective BFP Head
of office.
Section 9 – All FAI are also directed and mandated to
perform any other task as deemed essential to the
development of case build-up and the exhaustive
investigation being conducted.
V. FIRE REPORT CLASSIFICATION AND REPORTING
SYSTEM

A. Spot Investigation Report (SIR) – shall be made an

accomplished by the FAI concerned during the
actual response to a fire incident.
All SIR must be submitted IMMEDIATELY (within 24
hours) to respective Fire Marshalls with copy
furnished the OFFICE OF THE CHIEF, BUREAU OF
FIRE PROTECTION, thru fax message at the office of
the INVESTIGATION AND INTELLIGENCE DIVISION –
VFP National Headquarters with telephone/fax
numbers (02)911-7223, for immediate reason and
recording purposes.
The copy (original copy / photo copy) of the SIR of all
fire incident transpired within the respective Area of
Responsibility (AOR) shall consolidate and be submitted
thru proper CHANNEL. The respective OFFICE OF THE
REGIONAL DIRECTOR FOR FIRE PROTECTION shall then
submit the consolidate SIR to the office of the IID- BFP
Headquarters in BI- MONTHLY basis (every 15th and 30th
day of the month) thru mail counter for recording and
proper disposition.
B. Progress Investigation Report (PIR)- Shall be made
and accomplished by the FAI concerned after the
conduct of follow-up investigation was made. The
PIR or any succeeding PIRs (2nd PIR) shall be
accomplished within 7 to 15 days. The copy (original/
photo copy) of the PIR of all incident transpired within
the respective (AOR) shall be consolidate and be
submitted thru proper CHANNEL. The respective
OFFICE OF THE REGIONAL DIRECTOR FOR FIRE
PROTECTION shall then submit the consolidate PIR to
the office of the IID-BFP National Headquarters in BI-
MONTHLY basis (every 15th and 30th day of the month)
thru mail courier, for recording and disposition.
C. Final Investigation Report (FIR) – Shall be made and
accomplished by the FAI concerned upon the
exhaustive Investigation. All concerned FAI and its
respective Chief of the Investigation and Intelligence
Office.
 The FIR should be submitted to soonest time the
cases was resolved by the investigation body to submit
the FIR shall be 30 to 45 DAYS commencing from the
first day of investigation. On the given period, the FAI
shall already come up with a proper RESOLUTION or
RECOMMENDATION about the case being investigated.
For the lower investigating units, the FIR shall be
accomplished in five (5) complete copies for
distribution to:
1. Office of the Chief, BFP thru the office of the
Investigation and Intelligence Division, BFP National
Headquarters;
2. Office of the Regional Director for Fire Protection;
3. Office of the District / Provincial Fire Marshall;
4. Office of the City / Municipal Marshals.
The last copy (ORIGINAL or DOCUMENT
ORIGINAL ) shall remain in the possession of the FAI
concerned for his own personal copy and for future
verification. No UNDETERMINED cause should be
reflected in any FIR.
D. Fire Incident Investigation Report (FIIR)
This kind of Investigation can only be made in
such circumstances that the investigation report cannot
be completed for some reasons independent to the will
of the FAI. FIIR can only be accomplished in fire cases
with UNDETERMINED cause and this kind of case
should be considered as ON PENDING INVESTIGATION
subject to REOPENING in circumstances that relevant
evidence and / or witness shall surface in the future.
The copy ( original copy / photo copy ) of the FIIR
of all fire incident transpired within the respective AOR
should also be consolidated and be submitted thru
proper CHANNEL to the higher headquarters in BI-
MONTHLY basis ( every 15th and 30th day of the Month )
thru mail courier, for recording and proper disposition.
VI. LEVEL OF AUTHORITY TO CONDUCT
INVESTIGATION;

Since the fire incidents entails damages to property, the

level of authority in conducting fire and arson
completion of FIR will be based on the degree or the
amount and value of the total (aggregated) Damages
incurred in a certain fire incident. These levels of
authority are as follows:
A. Municipal Fire Marshall – Municipal Limit, LEVEL 1 –
The municipal level, through its MUNICIPAL
INVESTIGATION AND INTELLIGENCE UNIT (MIIU)
shall have the responsibility and power to
investigate fire incidents with a total amount of
damage not exceeding to Twenty Million Pesos (Php
20,000,000.00)
B. City Fire Marshall – City Limit. LEVEL 2 – The city
level, through its CITY INVESTIGATION AND
INTELLIGENCE SECTION (CIIS) shall have full
responsibility and power to investigate fire incidents
with a total amount of damage not exceeding to
Thirty Million Pesos (Php 30,000,000.00 )
D. District Fire Marshall – District Limit, LEVEL 3 – The
district level through its DISTRICT INVESTIGATION
AND INTELLIGENCE BRANCH (DIIB) shall have the
responsibility and power to investigate fire incidents
with a total damages amounting to above Thirty
Million Pesos ( 30, 000, 000.00 ) but not exceeding
Forty Million Pesos (40,000,000.00). DIIB operatives
can assume the conduct os investigation on fier
incidents with damages amounting to more than 20
Million Pesos in Municipal levels only within their
respetive jurisditions.
E. Provincial Fire Marshall – Provincial Limit, LEVEL3 –
The Provincial level, through its PROVINCIAL
INVESTIGATION AND INTELLIGENCE BRANCH (PIIB)
 Shall have the responsibility and power to
investigate fire incidents with total damages
amounting to above Thirty Million Pesos ( php
30,000,000.00 ), but not exceeding to Forty Million
Pesos ( 40,000,000.00 ). PIIB operatives can assume
the conduct of investigation on fire bincidents with
damages amounting to more than 20 Million Pesos
in Municipal Levels only within their respective
jurisdictions.
E. Regional Director of Fire Protection – Regional
Limit, LEVEL 4 – The Regional Director for fire
Protection level, through its REGIONAL
INVESTIGATION AND INTELLIGENCE BRANCH (RIIB)
 shall have the full responsibility and power to
investigate fire incidents with a total of damages
amounting to above Forty Million Pesos (Php
40,000,000.00), but not exceeding to Sixty Million
Pesos ( 60,000,000.00).
F. Chief, Bureau of Fire Protection – National, LEVEL 5
– The Chief, Bureau of Fire Protection, through fire
office the INVESTIGATION AND INTELLIGENCE
DIVISION – BFP National Headquarters (IID) shall
have the responsibility and power ti investigate fire
incidents with total of damages amounting to above
Sixty Million Pesos (Php 60,000,000.00
SPECIAL PROVISONS ON CHAPTER VI OF THIS SOP
Section 1 – In determination of the total damages
incurred in a certain fire incident, the copy of the
AFFIDAVIT OF LOSS (duly notarized and itemized) from
the fire victim shall prevail. The amount of damages to
be determined with regards to the level of Authority to
Conduct Investigation. In such circumstances that the
damage to property is apparently high or evidently
beyond the level of authority of the present
investigating units, the case shall be turned-over higher
investigating unit.
Section 2 – In circumstanes that the propety gutted by
fire is currently insured in any insurance company, all
copy of the duty accomplished SWORN STATEMENT OF
LOSS submitted to the INSURANCE ADJUSTERS by the
fire victim must also FORM PART and be ATTACHED
together with the AFFIDAVIT OF LOSS submitted by the
victim to the BFP investigating body.
Section 3 – In connection with the Level of Authority to
Conduct Investigation, the concerned office handling
the investigation of the fire incident shall issue FIRE
CLEARANCE CERTICATE ( FCC ) to the fire victim in lieu
of the Final Investigation Report ( FIR ), for purpose of
insurance claims and for other lawful application. FCC
can only be issued to fire incidents which is
ACCIDENTAL in nature.
 In such case that any BUILDING PREMISES WITH
MULTIPLE OCCUPANCIES were gutted by fire, the FCC
should only be issued to the concerned party where
FIRE ORIGINATED. Other occupants affected by the fire
incident shall be issued with FIRE INCIDENT
CERTIFATION ( FIC ) for their record purposes and other
legal use upon request.
Section 4 – Issuance of the copy of the FIR to any
concerned party can only be allowed in circumstances
that RELEVANT LEGAL ISSUES and or QUESTIONABLE
MATTERS may arise the request for FIR should be made
in the writing by the requesting party and should be
addressed to respective Chiefs of BFP Offices / Fire
Marshals who handled the conduct of investigation on
the fire incident for their appropriate action.
Section 5 – All written request for a copy of the FIR
should COPY FURNISHED the Chief, Bureau of Fire
Protection with attention to the office of the IID – BFP
NationalHeadwquarters, for documentary reference.
VII. TURN OVER OF INVESTIGATION TO HIGHER
HEADQUARTERS

Once a fire incident could be determined by the

investigating body to be beyond their Level of Authority
to Conduct Investogation. The conduct of investigation
should be immediately turned-over to the proper office
concerned in a form of ENDORSEMENT , together with
the SIR and / or PIR, to include an pertinent documents
/ attachments.
Any other recognized invstigating body of the
government cannot intercede in the conduct of fire and
arson investigation without a formal communication to
the concerned office handling the investigation.
The intercession of any investigating body of the
government should have LEGAL AUTHORITY in order to
be allowed to conduct LATERAL INVESTIGATION in the
investigation being conducted by the BFP. In case that a
CONTROVERSY INVOLVED and / or CONCERNING TO
CONFLICTING ISSUES arises in the conduct of
investigation, subject fire incident case shall be turned
over to the NEXT LEVEL OF INVESTIGATING BODY for
appropriate action and disposition. However lower
investigating units are fully encouraged to resolve fire
cases that fall within their respective Level of authority.
In case that a fire incident resulted to GREAT NUMBERS
OF FATALITY/ MULTIPLE DEATHS(death of 10 persons
and above), or any other issues concerning to the death
of the fire victims, the investigation of the subject fire
incident upon the approval of the Chief BFP, should be
turned over to the office of the IID-BFP National
Headquarters for appropriate action.
Any other Fire incidents shall be immediately
turned over to the higher headquarters for
investigation Report upon the written order and
direction of the Chief, Bureau of Fire Protection.
VIII. FILING OF COMPLAINT PROCEDURE

If a prima facie evidence City/Municipal Fire

Marshal should IMMEDIATELY file the appropriate
charge to the prosecutor’s office who has jurisdiction
over the case and the same must also be reported to
the IID, BFP National Headquarters for further
appropriate disposition and guidance.
Whenever death results in any fire incident
identified to INTENTIONAL in nature, the MOTIVE for
the commission of arson must immediately established
in order to ascertain whether a crime of MURDER
qualifies. Murder cases committed thru burning of
one’s property may be referred to the Philippine
National Police for proper disposition. However, the FAI
should still pursue the filling of the arson case.
The FAI can immediately effect arrest on any
suspect of such person is/are POSITIVELY IDENTIFIED bi
a complaint or witness to be the one who perpetrated
the commission of the crime during the course of
actual fire incident, and in accordance with the law.
 The following rights of the arrested suspect shall
be observed by the FAI during CUSTODIAL
INVESTIGATION as embodied under the provisions of
RA 7483. The suspect shall be apprised of his
constitutional rights in accordance to Section 12, Article
III, 1987 Constitution, to wit:
a. Any person under investigation for the commission
of an offense shall have the right to be informed of
his/right to remain silent;
b. To have competent and independent counsel
preferably of his own choice;
c. If the person cannot afford to the services of
counsel, he must provide with one;
d. These rights cannot be waived except in writing and
in the presence of counsel
All suspects, once arrested / invited by the FAI
and determined to have the probability to commit the
crime must immediately be INQUEST to the
City/Municipal prosecutor before the lapse of thirty six
(36) hours or the legal regulated period.
The following are the special/supplemental
guidelines for FAI in conducting arson investigation and
filing of complaint procedures:
 Arson is established by providing the corpus delicti,
usually in the form of CIRCUMSTANCIAL EVIDENCE
such as the criminal agency, meaning the substance
used, like gasoline, kerosene, or other combustible
materials which caused the fire. It can also be in the
form of electrical wires, mechanical, chemical or
electronic contrivance designed to start a fire, or
ashes or traces of such objects which found in the
ruins of the burned premises.
 If the crime of Arson was employed by the offender
as a means to kill the offended party, the crime
committed is a MUDER. The burning of property as
the MEANS to kill
 the victim is what is contemplated by the word “fire”
under Article 248 of the Revised Penal Code which
qualifies the crime to MURDER.
 When the burning of the property was done by the
offender only to cause damage but the ARSON
resulted to the DEATH of the person, the crime
committed is still ARSON because the death of the
victim is a mere CONSEQUENCE and the INTENTION
of the offender.
 There is no special complex crime for ARSON WITH
HOMICIDE. What matters in resolving cases involving
arson is the CRIMINAL INTENT of the offender.
 When other, then the burning of one’s property
results from reckless imprudence and it leads to
serious physical injuries and/or damage to property
of another, the penalty to be imposed shall not be
for the crime of arson under P.D 1613 but rather the
penalty shall be based on Article 365 of the Revised
Penalty Code as a felony committed Code as a felony
committed by means of culpa imprudence and
negligence. (e.g. Reckless Imprudence Resulted to
Damage to Property/Reckless Imprudence Resulted
to Serious Physical Injuries)
IX. GENERAL RESPONSIBILITIES

Section 1 – The respective Regional Directors for fire

Protection/District and Provincial Fire Marshals/City
and Municipal Fire Marshall shall supervise the proper
implementation of this Standard Operating Procedure
to ensure that their subordinates will comply and
respond effectively to the requirements as stipulated in
this Standard Operating Procedure.
Section 2 – City/Municipal Fire Marshal shall assistance
from their respective District/Provincial/Regional
Investigation and Intelligence Offices or at the office of
the Investigation and Intelligence Division – BFP
National Headquarters, if deemed needed.
Section 3 – As the highest fire and arson Investigating
agency of the Bureau of Fire Protection, the office of
Investigation and Intelligence Division-BFP National
Headquarters shall have the authority to monitor,
evaluate and conduct of arbitrary verification to the
fire cases and investigation procedures conducted by
the lower investigating units of BFP. The a
aforementioned office may also be sought to provide
technical knowledge, assistance, suggestions, and
recommendations to lower investigating units of the
BFP.
X. RECISION CLAUSE
All publications, memoranda and SOPs in which by any
form or part found to be inconsistent with this new
Standard operating Procedures and hereby rescinded.
XI. ADMINISTRATIVE SANCTION/PENALTY
All BFP personnel found violating any provision of the
Standard Operating Procedures shall be subjected to
administrative action for neglect of duty/ any other
related charges (criminal), and it found guilty, shall be
immediately relieved from post.
Administrative sanctions shall be governed by the RA
6713, otherwise knows as The Code of Ethics and
Profession Standards for Government Employees, other
pertinent Civil Service Laws, Office Rules, Regulations
and Policies, with prejudice of filling criminal charges if
evidence so warrants.

PROVISION OF LAW THAT COVER ARSON CASE?

Law and Jurisprudence
Law – a rule of conduct or procedure recognized by a
community as binding or enforceable by
authority.
Jurisprudence – A system of law or the body of laws
applied in a particular country or state.
The law on arson in the Philippines is covered by
articles 320 to 326 of the Revised Penal Code, as
amended by P.D No. 1613, P.D. 1744, and sec 50 rule VII
IRR of R.A 6975 which provided that the Bureau of Fire
Protection(BFP) shall have the power to investigate all
cases of fire and, if necessary, file the proper complaint
with the city/provincial prosecutor who has jurisdiction
over arson case. Due to the alarming increase of
suspected arson cases, a clamor was generated to
update the law of arson here in our country.
Fire have continuously inflicted extensive damages to
both life and property and detrimental to the
developing economy. It should be thoroughly
investigated to prosecute the perpetrator and finally
bring to justice to face the criminal offense.
The crime of arson is heinous, non-bailable and one of
the act of terrorism as defined in the R.A No. 9372 is
often referred to as the “Anti-Terror Law” or “Anti-
Terrorism Law” or properly known as the “Human
Security Act of 2007”. It has a penalty of reclusion
perpetua (20 to 40 years) to death depending on the
gravity of offense PD 1613-Amending the law arson
Section 2. Destructive Arson. – The penalty of Reclusion
Temporal in its maximum period to reclusion perpetua
shall be imposed of the property burned is any of the
following…………………
PD 1613, Section 3. Other Cases of Arson.- The penalty
of Reclusion Temporal to Reclusion Perpetua shall be
imposed of the property burned is any of the
following…………….
PD 1613, Section 5, Where Death Results from Arson.-
If by reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to Death
shall be imposed.
(no more death R.A No. 9346- an act prohibiting the
imposition of death penalty in the Philippines.)
PD 1613, Section 7. Conspiracy to commit Arson.-
Conspiracy to commit arson shall be punished by Prison
Mayor in its minimum period.
R.A no. 3815 - the Revised penal Code
Chapter 3, section 1
Article 27. Reclusion perpetua- The penalty of reclusion
perpetua shall be from twenty years and one ay to forty
years.
Reclusion temporal- The penalty of reclusion temporal
shall be form twelve years and .one day to twenty
years.
Prison Mayor and temporary disqualification- The
duration of the penalties of prision mayor and
temporary disqualification shall be from six years and
one day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in
which case, its duration shall be that of the Principal
penalty.
Prision correcional, suspension, and destierro.- The
duration of the penalties of prision correctional,
suspension and destierro shall be from six months and
one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Arresto mayor.- The duration of the penalty of arresto
mayor shall be from one month and one day to six
months.
Arresto menor.- The duration of the penalty of arresto
menor shall be from one day to thirty days.
Bond to keep the peace.- The bond to keep the peace
shall be required to cover such period of time as the
court may determine.(As amended by Section 21,
Republic Act. No. 7659.
R.A No. 9346- an act prohibiting the imposition of
death penalty in the Philppines. Approved: June 24,
2006.