PNP policy on tattoos has no legal basis – lawmaker

MANILA – A lawmaker at the House of Representatives said Wednesday the Philippine National Police (PNP) policy regulating tattoos among its personnel and applicants has no legal basis.

In a statement, Manila Rep. Joel Chua said there is no basis in existing laws against the bearing and sporting of tattoos, particularly citing Republic Act (RA) 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, and RA 6975 or the law establishing the PNP.

Chua further noted that the PNP policy is not even listed among the general qualifications for appointment or disqualifications under Section 30 of RA 6975.

He said the PNP policy on tattoos may also be deemed "unconstitutional" because tattoos are regarded as a form of artistic expression and are protected by the right to free expression.

"The PNP should discard that policy now before they get into legal trouble for the unconstitutionality of their policy. Tattoos are an art form of expression. The Constitution protects freedom of expression. By all indications, the PNP policy on tattoos is unconstitutional," Chua said.

He cited that even the Supreme Court does not prohibit judges from having tattoos based on its Sept. 29, 2021 ruling.

"It is disappointing that our PNP has this negative mindset about people with tattoos. Tattoos have nothing to do with the job performance of any police or public servant," Chua said.

He said the only possible reason to use tattoos as a basis to exclude or discriminate against anyone is if the tattoo means actual current membership and participation in any active criminal organization.

"It is the membership in the criminal organization that must be proven first. Tattoos are not probable cause for that – not even membership in jail gangs – because it is the criminal activity that must be proven to actually exist, not the mere presence of the tattoos," he said.

Chua said tattoos cannot even be used to discriminate against former convicts who have served their sentences in jail because the laws advance restorative justice and integration into the society of ex-convicts.

He, however, pointed out that the only rule that includes tattoos as disqualification is for blood donation.

"Recent tattoos not more than one year disqualify the applicant from giving blood, but if the tattoo is more than one year ago, the blood donor may give blood," he said.

He said requiring police officers to remove their visible tattoos also exposes those officers to health risks, such as infection.

The PNP policy on tattoos is stipulated in Memorandum Circular 2024-023 dated March 19, which covers both uniformed and non-uniformed personnel.

In a press conference at Camp Crame, Quezon City on Monday, PNP spokesperson Col. Jean Fajardo said PNP personnel must have their "visible" tattoos removed.

"For some, sinasabing creative art ito, expression of oneself, belief sa artistic side po nila but in every right, there are boundaries. Dito ay nasa loob tayo ng uniformed service kasi pangit na naka-uniform ang pulis natin na tadtad ng tattoo," Fajardo told reporters.

She said those cops with existing tattoos are required to execute an affidavit, declaring their tattoos that are not visible.

The policy does not cover aesthetic tattoos, such as but not limited to eyebrows, eyeliner, or lips, Fajardo said.

The following tattoos are considered unauthorized: extremist, ethnically, or religiously discriminatory and offensive, indecent tattoos, racist, sexist, and tattoos associated with prohibited or unauthorized groups.

Fajardo said cops who refuse to follow the policy would face administrative charges.

She said aspiring police officers are also not allowed to have tattoos at all. Those who have existing tattoos will be given three months to have these removed.

At the Kapihan sa Manila Bay forum on Wednesday, Fajardo said the police force's leadership has the discretion to implement rules regarding internal disciplinary mechanisms applicable to police personnel.

"We do not discriminate those who have tattoos. However, the PNP believes that this policy, just like other policies, also underwent consultations before it is implemented. Again, like I said, there are certain norms and code of conduct that need to be implemented within the PNP to maintain discipline among the ranks," she said.

The PNP, she said, deems it necessary to regulate the sporting of tattoos among personnel.

"It is the position of the PNP leadership that the issuance of this circular is within the ambit of rulemaking authority of the Chief PNP to issue circulars relating to the internal affairs of the PNP," Fajardo added.

She also said the PNP has carefully studied the implementation of the policy.

The PNP Health Service would make a recommendation on how visible tattoos among police personnel could be removed without posing health risks, Fajardo said. (PNA)