Section 2August 12, 2009, Sec./Art. 2

Section 38(a) of Republic Act No. 6975, as amended by Section 33 of Republic Act No. 8551, is hereby further amended to read as follows:

"SEC. 38. Promotions. - (a) A uniformed member of the PNP shall not be eligible for promotion to a higher position or rank unless he or she has successfully passed the corresponding promotional examination given by the Commission, or the Bar, or the corresponding board examinations for technical services and other professions, has satisfactorily completed the appropriate and accredited course in the PNPA or equivalent training institutions, and has satisfactorily passed the required psychiatric/psychological and drug tests.

In addition, the institution of a criminal action or complaint against a police officer shall not be a bar to promotion: Provided, however, That upon finding of probable cause, notwithstanding any challenge that may be raised against that finding thereafter, the concerned police officer shall be ineligible for promotion: Provided, further, That if the case remains unresolved after two (2) years from the aforementioned determination of probable cause, he or she shall be considered for promotion.

In the event he or she is held guilty of the crime by final judgment, said promotion shall be recalled without prejudice to the imposition of the appropriate penalties under applicable laws, rules and regulations: Provided, furthermore, That if the complaint filed against the police officer is for a crime including, but not limited to, a violation of human rights, punishable by reclusion perpetua or life imprisonment, and the court has determined that the evidence of guilt is strong, said police officer shall be completely ineligible for promotion during the pendency of the said criminal case.

"x x x."