Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

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House Bill No. 9840

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

The 1987 Constitution declared as policy of the State to
value the dignity of every human person and guarantees full
respect for human rights (Section 11, Article II). The Constitution
likewise provides that the State has the prime duty of the State to
serve and protect its people.

In recent months, several controversial reports were
released regarding alleged extra-judicial killings allegedly linked
with the government’s ongoing campaign against illegal drugs
and criminality. Some of these reports alleged that law enforcers
are the one responsible for the vigilante killings or extra-judicial
killings in the country.

Due to these events, there is a growing need to ensure that
in the execution of law enforcers’ duty, they follow its rules of
engagement and within the purview of the law. Law enforcers,
particularly members of the national police, in enforcing the law
and carrying out the Administration’s order, do not have the
license to violate the constitutional right of the suspect.

This Bill seeks to protect the people from the arbitrary use
of the law by police of unbridled power, leading to violation of
constitutional rights, by providing a special court that will
provide speedy and impartial trial of all complaints against the
police in the performance of their duties.

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In view of thereof, early consideration and approval of this
bill is earnestly sought.

nd District, Oriental Mindoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5840

Introduced by Honorable REYNALDO V. UMALI

AN ACT

ESTABLISHING THE POLICE LAW ENFORCEMENT COURTS,
GRANTING THESE EXCLUSIVE ORIGINAL JURISDICTION OVER
VIOLATIONS OF CONSTITUTIONAL RIGHTS AND PNP RULES OF
ENGAGEMENT COMMITTED BY THE POLICE, AMENDING BATAS
PAMBANSA BILANG 129, AS AMENDED, OTHERWISE KNOWN AS “THE
JUDICIARY REORGANIZATION ACT OF 1980”, APPROPRIATING
FUNDS THEREFORE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Police Court Act
of 2017”.

Sec. 2. Declaration of Policy. - It is the policy of the State to value the
dignity of every human person and guarantee full respect for human rights.
To uphold this duty, the State shall prosecute rogue police elements through
a special court that will provide the public fair, impartial and speedy
disposition of complaints for violations of constitutional rights and PNP
operational procedures and code of ethical standards committed by the
members of the Philippine National Police free from the “kabaro system.”


Sec. 3. Establishment of Police Law Enforcement Court ("Police Court")
and Appellate Police Law Enforcement Court (“Appellate Police
Court”). - The Supreme Court shall create a special court designated as the
Police Law Enforcement Court (“Police Court’), among existing Regional Trial
Courts which shall handle all civil and criminal cases involving the abuse of
authority whether in or off duty of the members of the Philippine National
Police including civil and criminal cases arising out of the violation of a
member of the Philippine National Police of its PNP operational procedures
and other police protocols designed to protect the rights of the accused.

‘The Supreme Court shall likewise designate an Appellate Police Court
from among the divisions of the Court of Appeals that shall handle all
appeals coming from the Police Courts and appeals over the
decision/resolution of the National Police Commission in administrative

cases.

Sec. 4. Qualification and Training of Judges for the Police Law
Enforcement Courts. - Sec. 15 of Batas Pambansa Big. 129, as amended, is
hereby further amended to read as follows:
“Sec. 15. (a) Qualification. - No person shall be appointed a
Regional Trial Judge or a Presiding Family Court OR A POLICE LAW
ENFORCEMENT COURT JUDGE, unless he is a natural-born citizen
of the Philippines, at least thirty-five (35) years of age, and, for at least
ten (10) years, has been engaged in the practice of law in the
Philippines or has held a public office in the Philippines requiring the
admission to the practice of law as an indispensable requisite.
(b) Training of Family Court Judges. xxx
(c) TRAINING OF POLICE LAW ENFORCEMENT COURT
(“POLICE COURT”) JUDGES. - THE SUPREME COURT SHALL
PROVIDE A PERIODIC AND CONTINUING PROGRAM FOR THE
PRESIDING JUDGE AND THE COURT PERSONNEL OF THE
POLICE COURTS ON POLICE PROTOCOLS, TACTICS AND RULES
OF ENGAGEMENT AND PNP OPERATIONAL PROCEDURES


INCLUDING PHILIPPINE AND INTERNATIONAL HUMAN RIGHTS
LAWS TO CAPACITATE THE POLICE COURT TO UPHOLD THE
DUTY OF THE STATE TO PROMOTE PEACE AND ORDER
THROUGHOUT THE COUNTRY WHILE PROTECTING THE
CONSTITUTIONAL RIGHTS OF THE CITIZENS.”

Sec. 5. Jurisdiction of Police Law Enforcement Courts (“Police Courts").
- The Police Courts shall have exclusive original jurisdiction to hear and
decide the following cases:

1) All civil and criminal cases, including the revised penal code and
special penal laws whether in or off duty filed against the members of the
Philippine National Police;

2) All civil and criminal cases including the revised penal code and
special penal laws arising out of the violation of a member of the Philippine
National Police of its rules of PNP Operational Procedure, rules of
engagement and other police protocols;

3) All complaints for violation of constitutional rights where one of the
accused is
a member of the Philippine National Police;

3) Issuance of writ of habeas corpus where there is evidence that the
victim is held under the custody of any of the members of the Philippine
National Police.

Sec. 6. Prosecutors to the Police Courts. - The Department of Justice
shall assign Prosecutors to prosecute cases within the jurisdiction of the
Police Courts. It shall provide for a mechanism to ensure the speedy
resolution of preliminary investigations, within 30 days from the receipt of
the complaint.

Sec. 7. Assistance of Public Attorneys. - The Public Attorney's Office shall
represent members of the Philippine National Police charged with violations
cognizable before the police courts for acts directly connected to


performance of their lawful duties as police officers, without need of
evidence of indigency.

PNP shall ensure adequate legal representation of its force by forging
agreements for free legal service with the integrated bar of the Philippines
and other reputable law organizations.

Sec.8. Notice on Transfer/Re-assignment of Police Personnel. - In order
to ensure continuous prosecution and trial of the case, upon filing of a civil
or criminal case before a prosecutor for preliminary investigation or the
Police Court for trial, the Chief of the PNP and the NAPOLCOM shall be
informed in writing of a case filed against any member of the Philippine
National Police.

The PNP shall seck approval from the appropriate prosecutor or the
Police Court to which the case is assigned of any transfer/reassignment of
the accused police personnel subsequent to the filing of the complaint. The
PNP shall ensure the attendance of its accused personnel in all hearings
before the prosecutor and the Police Court.

Sec. 9. Jurisdiction of the Appellate Police Law Enforcement
Courts (“Appellate Police Courts”). - Appellate Police Courts shall have
exclusive appellate jurisdiction to hear appeals over the following cases:

1)Decisions/Resolutions of the Police Courts;

2)Decisions/Resolutions of the National Police Commission in
administrative cases over uniformed members of the Philippine National
Police;

3)Decisions/Resolutions of the of Civil Service Commission in
administrative cases over non-uniformed employees of the Philippine
National Police.


Sec. 10. Appeals. - Decisions and orders of the Police Courts shall be
appealed in the same manner and subject to the same conditions as appeals
from the ordinary Regional Trial Courts.

Sec. 11. Special Rules of Procedure. - The Supreme Court shall
promulgate special rules of procedure for the transfer of cases to the new
courts during the transition period and for the disposition of police cases
with the aim of providing the public fair, impartial and speedy disposition of
complaints.

Sec. 12. Use of Income.- The Supreme Court shall be allowed to use
ten percent (10%) of the income derived from filing and other court fees
under Rule 141 of the Rules of Court for research and other operating
expenses including capital outlay.

Sec. 13. Appropriations. - The amount necessary to carry out the
provisions of this Act, including the creation of new courts as may be

determined by the Supreme Court whenever the need for more Police Court
and Appellate Police Courts so warrant, shall be included in the General
Appropriations Act of the year following its enactment into law and
thereafter.

Sec. 14. Transitory Provision. - Pending the issuance of
implementing rules and regulations, the Supreme Court shall designate
from among existing branches of the Regional Trial Court at least one Police
Court in each judicial region.

Sec. 15. Repealing Clause. - All laws, decrees, orders, rules and
regulations or other issuances or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.


Sec. 16. Separability Clause. - If any portion or provision of this Act
is declared unconstitutional, the remainder of this Act or any provision not
affected thereby shall remain in force and effect.

Sec. 17. Effectivity. - This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette or in

a newspaper of general circulation in the Philippines.

Adopted.