Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

HOUSE BILL NO, _ 5595

Introduced by Rep. Karlo A. B, Nograles

EXPLANATORY NOTE

This bill seeks to strengthen the Internal Affairs Service (IAS) of the
Philippine National Police (PNP), amending for the purpose Republic Act No.
8551, otherwise known as the “Philippine National Police Reform and
Reorganization Act of 1998.”

The Internal Affairs Service (IAS) of the PNP is an essential part of the
disciplinary mechanism of the PNP. It serves as the monitoring body of the
character and behavior of all policemen and operates as the investigating and
adjudicatory body on all administrative offenses committed by PNP personnel.

As the office that oversees the conduct of uniformed personnel, the [AS
should be free from any influence, pressure and intervention from the Chief
PNP and other high ranking PNP officers in adjudicating administrative cases.
Placing the IAS under the direct supervision of the Secretary of the Interior and
Local Government will make the PNP-IAS an independent, impartial, effective
and efficient institutional guardian of integrity.

Hence, approval of this bill is earnestly requested.

KARLO ALEXEI B. NOGRALES


Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Sixteenth Congres
Second Regular S

HOUSE BILL No, 5595

on

Introduced by Honorable Karlo Alexei B. Nograles

AN ACT
STRENGTHENING THE INTERNAL AFFAIRS SERVICE (IAS) OF
THE PHILIPPINE NATIONAL POLICE, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 8551, OTHERWISE KNOWN AS THE
“PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION
ACT OF 1998”

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

SECTION 1. Section 39 of Republic Act No. 8551 is hereby amended to
read as follows:
“TITLE V
Internal Affairs Service
SEC, 39. Creation, Powers and Functions. — An Internal Affairs

Service (IAS) of the PNP is [hereby created which shall:] AN

INDEPEND! IMPARTIAL, EF “TIVE AND EFFICIENT

INSTITUTIONAL GUARDIAN OF INTEGRITY. THE IAS SHALL BE

UNDER THE DIRECT SUPERVISION OF THE SECRETARY OF THE


INTERIOR AND LOCAL GOVERNMENT AND SHALL BE AN
ESSENTIAL PART OF THE DISCIPLINARY MECHANISM OF THE
PNP.
THE IAS SHALL EXERCISE THE FOLLOWING POWERS AND.

FUNCTIONS:

a) XXX XXX XXX

b) xxx Xxx Xxx

©) conduct summary hearings on PNP members facing

administrative charges AND ADJUDICATE WITH FINALITY THE

ADMINISTRATIVE CASES FILED BEFORE THE IAS;
d) submit a periodic report on the assessment, analysis and

evaluation of the character and behavior of PNP personnel and units to

the [Chief PNP] SECRETARY OF THE INTERIOR AND LOCA\I

GOVERNMENT and the Commission FOR CONSIDERATION IN

THE S$!

2CTION AND PROMOTION OF PNP PERSONNEL;

©) Xxx XXX XXX

f) provide assistance to the Office of the Ombudsman AND
OTHER PNP DISCIPLINARY OFFICES in cases involving the

personnel of the PNP;

G) RECOMMEND THE ADMISSION OF WITNI
TO THE WITNESS PROTECTION PROGRAM OF THE

DEPARTMENT OF JUSTICE WHO ARE VITAL TO THE


EFFECTIVE PROSECUTION OF PNP PERSONNEL INVOLVED IN
CRIMINAL CASES.

The IAS shall also conduct, motu propio, automatic investigation
of the following cases INVOLVING UNIFORMED PNP PERSONNEL:

a) XXX XXX XXX

b) incidents where death, serious physical injury, or any
violation of human rights occurred in the conduct of a police operation
OR OTHER ACTIVITIES INVOLVING POLICE PERSONNEL;

c) XXX XXX XXX

d) incidents where a suspect in the custody of the police DIED

OR was seriously injured; [and]

) incidents where the established [rules of engagement have]
PNP OPERATIONAL PROCEDURE HAD been violated|[.|; AND

F) ALL ANOMALIES, IRREGULARITIES AND ILLEGAL
ACTIVITIES INVOLVING UNIFORMED PERSONNEL.

Finally, the IAS shall provide documents or recommendation as
regards to the promotion of the members of the PNP or the assignment of
PNP personnel to any key position

SECTION 40. Organization, - National, regional, and provincial.
CITY AND DISTRICT offices of the Internal Affairs shall be
established. Internal Affairs Service shall be headed by an Inspector

General who shall be assisted by a Deputy Inspector General, WHO IS A


UNIFORMED PERSONNEL. The REGIONAL [area] offices shall be
headed by a DIRECTOR, [Superintendent) WHILE THE
PROVINCIAL, CITY AND DISTRICT OFFICES SHALL BE
HEADED BY A SUPERINTENDENT OR SENIOR IAS NON
UNIFORMED PERSONNEL OF EQUIVALENT RANK AND
SALARY GRADE, UPON THE RECOMMENDATION OF THE
IAS PLACEMENT BOARD. Provided that the head of the Internal

Affairs Set

¢ shall be a civilian who shall meet the qualification
requirements provided herein

THE IAS SHALL

TABLISH A RATIONALIZED
STAFFING PATTERN OR ORGANIZATIONAL STRUCTURE,
AND SHALL HAVE SEPARATE RECRUITMENT QUOTA FOR
POLICE OFFICER 1 AND NON UNIFORMED PERSONNEL.

(NUP), SUBJEC

TO THE APPROVAL OF THE OFFICE OF THE

SILG. HOWEVER, THE SYSTEM OF PAY AND ALLOWANC

PROMOTION, ATTRITION AND PERSONNEL CAREER
DEVELOPMENT AS WELL AS~ RETIREMENT AND
SEPARATION PROGRAM FOR BOTH UP (UNIFORMED
PERSONNEL) AND NUP (NON UNIFORMED PERSONNEL)
SHALL BE PATTERNED AFTER THE PNP. THE AUTHORIZED
PERSONNEL STRENGHT OF IAS SHALL NOT EXCEED TWO

PERCENT ( 2%) OF THE TOTAL STRENGHT OF THE PNP.


THE NUP ALLOCATION SHALL NOT EXCEED FORTY
PERCENT (40%) OF IAS PERSONNEL STRENGHT.

THE IAS SHALL HAVE A SEPARATE FINANCIAL AND
LOGISTIC MANAGEMENT AND SERVICES PROGRAM SUBJECT
TO THE APPROVAL OF THE SILG. THE BUDGETARY
REQUIREMENT OF IAS SHALL BE SEPARATE AND DISTINCT
FROM THE PNP, AND SHALL BE INCLUDED INTO THE ANNUAL.
GENERAL APPROPRIATION ACT (GAA) OF THE YEAR
FOLLOWING ITS ENACTMENT INTO LAW.

SE

2. Section 41 of the same Act is hereby amended to read as
follows:

“g

). 41. Appointment. ~ The Inspector General (IG) shall
be appointed by the President upon the recommendation of the
[Director General] SECRETARY OF THE INTERIOR AND
LOCAL GOVERNMENT [and duly endorsed by the
Commission]. Appointments of personnel who shall occupy
various positions shall be made by the IG and shall be based on the
established career pattern and criteria to be promulgated by the
[Commission] IAS.

THE INSPECTOR GENERAL SHALL SERVE FOR A
TERM OF SIX (6) YEARS WITHOUT REAPPOINTMENT OR

EXTENSION.


TO BE APPOINTED INSPECTOR GENERAL OF
THE IAS, MUST BE: (A) A CITIZEN OF THE
PHILIPPINES; (B) A MEMBER OF THE PHILIPPINE BAR
WITH AT LEAST FIVE (5) YEARS OF EXPERIENCE IN

HANDLING CRIMINAL OR ADMINISTRATIVE CAS!

AND (C) NOT AN ACTIVE UNIFORMED PERSONNEL OF
THE PNP.”

SECTION 42. Entry qualification to IAS- Entry or
TRANSFER to the Internal Affairs Service shall be voluntary and
subject to rigid screening where only PNP personnel who have at
least five (5) years experience in POLICE INVESTIGATION
[law enforcement] and who have no derogatory service records
shall be considered for appointment: Provided, THAT PNP
UNIFORMED PERSONNEL JOINING IAS MUST HAVE

AT LEAST TEN (10) REMAINING YEARS IN THE

SERVICE: PROVIDED FURTHER, THAT CIVILIAN
RECRUITED INTO THE IAS AS POLICE OFFICERS 1 OR
NUPs, SHALL POSSESS THE SAME QUALIFICATIONS,
ELIGIBILITIES, AND SHALL UNDERGO SCREENING
PROCEDURES AND SERVICE TRAININGS FOR POL AND
NUP SET FORTH BY THE PNP AND THE COMMISSION.

MEMBERS OF THE BAR, AND GRADUATES OF OTHER


RELATED DISCIPLINES [that member of the Bar] may enter
the service laterally, THE IAS SHALL BE ALLOCATED
APPROPRIATE QUOTA OF PNPA GRADUATES PER
YEAR.

SECTION 43. [Initial] Appointments to the National,
Directorial, and Provincial Internal Affairs Service Office- [Initial]
Appointments of the heads of the offices in the Intemal Affairs
Service shall be APPROVED BY THE IG, IAS. [made by the
President upon recommendation by the Commission. Thereafter, ].
Appointments and promotions to the Service shall follow the
GENERAL PRINCIPLES OF THE PROMOTION SYSTEM
IN THE PNP WITH IG AS THE
APPROVING/APPOINTING AUTHORITY. __ [established

requirements and procedures.

STION 45 . RETIREMENT.- UNIFORMED IAS

PERSONNEL SHALL BE UPON THE ATTAINMENT OF
AGE FIFTY SIX (56).

SECTION 46. Prohibition. - ALL PNP personnel who join
the IAS SHALL BE BARRED [may not] thereafter FROM
joinING any other unit of the PNP. Neither shall any personnel of
the IAS be allowed to sit in a committee deliberating on the

appointment, promotion, or assignment of any PNP personnel


SECTION 47. Career Development and Incentives.- (1)
Personnel of the Internal Affairs Service shall in addition to other
PAY and allowances authorized under existing laws be granted
Occupational Specially Pay (OSP) which shall [not exceed]
AMOUNT TO fifiy percent (50%) of their basic pay WHICH
SHALL BE PAID SEMI-ANNUALLY AND SHALL BE
INCLUDED AS SEPARATE LINE ITEM IN GENERAL
APPROPRIATION ACT (GAA). This pay shall not be

considered a forfeiture of other remuneration and allowances

which are allowed under  exi laws. (2) IAS [members]

PERSONNEL shall [also have priorities. in the] BE
ALLOCATED A quota BY THE PNP [allocation] for training
and education, BOTH LOCAL AND FOREIGN, AS PART OF
THEIR CAREER ADVANCEMENT.

SECTION 48, Records Management of the IAS.-
NATIONAL, REGIONAL, PROVINCIAL, CITY AND
DISTRICT [Local] Internal Affairs Offices shall MAINTAIN
AND [be responsible for the maintenance and) update fof] the
ADMINISTRATIVE CASE AND PROFILE/records of the

members of the PNP within their jurisdiction. THE IAS SHALL

NOT BE DENIED ACCESS BY THE PNP UNIT


HEAD/CHIEF, UPON REQUEST OF SAID DOCUMENTS

FOR THIS PURPOSE.

SECTION 49. [Inclusion of Supervisors and Superiors in JAS
Investigations. - The immediate superior or supervisor of the personnel or units
being investigated under the preceding section shall be automatically included
in the investigation of the LAS to exclusively determine lapses in administration
or supervision. ANY UNIFORMED PNP PERSONNEL FOUND GUILTY
OF ANY CASES MENTIONED IN SEC, 39 OF THIS ACT SHALL BE

METED OUT THE PENALTY OF DISMISSAL OR DEMOTION, AS

“ASE MAY BE. THE IMMEDIATE SUPERIOR OR SUPERVISOR
OF THE PERSONNEL OR UNITS BEING INVESTIGATED UNDER
THE PRECEDING SECTION SHALL BE AUTOMATICALLY
INCLUDED IN THE INVESTIGATION OF THE IAS TO DETERMINE
IF SUCH IMMEDIATE SUPERIOR OR SUPERVISOR HAS
CONSPIRED OR CONDONED TO THE COMMISSION OF SUCH ACT
OR IS FOUND TO BE GROSSLY NEGLIGENT IN THE EXERCISE OF

HIS ADMINISTTRATIVE AND/OR

PERVISORY FUNCTION TO
PREVENT THE COMMISSION OF THE ACT.
SECTION. 50. Disciplinary Recommendations of the IAS.
a) Any uniformed PNP personnel found guilty of any of the
cases mentioned in Section 39 of this Act and any immediate

superior or supervisor found negligent under Section 48 shall be


[recommended] automatically [for] dismiss[al]ED FROM THE
SERVICE or demotfionJED, as the case may be

b) [Recommendations by] DECISIONS OF the IAS for
the imposition of disciplinary measures against an erring PNP
personnel fonce final, cannot be revised, set-aside, or unduly
delayed) SHALL BE IMMEDIATELY IMPLEMENTED by
[any] THE disciplining authority [without just cause]. Any
disciplining authority who fails to act or who acts with abuse of
discretion on the [recommendation] DECISIONS of the IAS shall
be made liable for gross neglect of duty. The case of erring
disciplining authority shall be submitted to the [Director General]
SECRETARY OF THE INTERIOR AND LOCAL

GOVERNME

'T for proper disposition.”

SECTION 51, Appeals. Decision rendered by the
[provincial inspectors|PROVINCIAL INTERNAL AFFAIRS
SERVICE shall be forwarded to the [AreaJREGIONAL Internal
Affair Office for review within ten (10) working days upon receipt
thereof. Decision of the [area] REGIONAL IAS [office] may be
appealed to the National [office] IAS through the Office of
Inspector General OR TO THE CHAIRMAN, REGIONAL
APPELLATE BOARD (RAB). Decisions rendered by the

National IAS shall be appealed to the National Appellate Board or


to the REGULAR court as may be appropriate. [: Provided, That
the summary dismissal powers of the Director General and
Regional Directors as provided in Section 42 of RA 6975 shall
remain valid: Provided, further, That the existing jurisdiction over
offenses as provided under RA 6975 shall not be affected,

SECTION 51. Complaints against IAS. - A complaint
against any personnel or office of IAS shall be brought to the
Inspector General’s Office or to the [Commission] OFFICE OF
THE SILG as may be appropriate.

TITLE VI
DISCIPLINARY MECHANISM.

SECTION 52. Section 41 of Republic Act 6975 is hereby amended
as follows:

Section (a). Citizen's Complaint- Any complaint by a natural or
juridical person against any member of the PNP CAN BE [shall be] brought
before the following:

(1) xxx XXX XXX
(2) xxx Xxx XXX
(3) xxx Xxx XXX

(4)INTERNAL AFFAIRS SERVICE WHICH HAS
TERRITORIAL JURISDICTION OF THE OFFENSE.

The Commission, TOGETHER WITH THE IAS, shall provide in its
implementing rules and regulations a scale of penalties to be imposed
upon any member of the PNP under this section.


(b) Internal Discipline. - On dealing with minor offenses
involving internal discipline found to have been committed by any
regular member of their respective commands, the duly designated
supervisors and equivalent officers of the PNP shall, after due notice and
summary hearing, exercise disciplinary powers as follows

(1) Chief of police or equivalent supervisors may summarily
impose the administrative punishment of admonition or
reprimand ; restriction to specified limits; withholding of
privileges; forfeiture of salary or suspension; or any of
the combination of the foregoing; Provided, That, in all
cases, the total period shall not exceed fifteen (15) days:

(2)Provincial directors or equivalent supervisors may
summarily impose administrative punishment of admonition
or reprimand; restrictive custody; withholding of privileges:
forfeiture of salary or suspension, or any combination of the
foregoing; Provided, That, in all cases, the total period shall
not exceed thirty (30) day

(3)Police regional directors or equivalent supervisor shall
have the power to impose upon any member the disciplinary
punishment of dismissal from the servi
impose the administrative punishment of admoni
reprimand; restrictive custody; withholding of privilege:
suspension or forfeiture of salary; demotion: or any
combination of the foregoing; Provided, that, in all cases. the
total period shall not exceed sixty (60) days;

(4)The Chief of the PNP shall have the power to impose the
disciplinary punishment of dismissal from the serv
suspension or forfeiture of salary; or any combination
thereof for a period not exceeding one hundred eighty (180)
days: Provided, further, That the Chief of the PNP shall have
the authority to place police personnel under restrictive
custody during the pendency of a grave administrative case
filed against him or even after filing of a criminal complaint,

grave in nature, against such police personnel.

(4)INTERNAL AFFAIRS SERVICE WHICH HAS
TERRITORIAL JURISDICTION OF THE
OFFENSE.


(c) Exclusive Jurisdiction.- A complaint or a charge filed against a PNP
member shall be heard and decided exclusively by the IAS OFFICE WHERE
THE COMPLAINT WAS FIRST FILED OR TAKEN COGNIZANCE,
[disciplining authority who has acquired original jurisdiction over the case and]
notwithstanding the existence of concurrent jurisdiction OF OTHER
DISCIPLINARY AUTHORY, as regards the offense: Provided, That THE
PENALTIES IMPOSE ON THESE offenses which carry higher penalties
referred to a disciplining authority shall be referred to SHALL BE
REFERRED TO appropriate authority [which has jurisdiction over the
offense] FOR IMPLEMENTATION.

“For purpose of this Act, a ‘minor offense” shall refer to any act or omission not
involving moral turpitude, but affecting the internal discipline of the PNP, and
shall include, but not limited to:

“(1) Simple misconduct or negligence;

(2) Insubordination;

(3) Frequent absence and tardine:

“(4) Habitual drunkenness; and

“(5) Gambling prohibited by law.

“(d) Forum shopping of multiple filing of complaints. - When an administrative
complaint is filed with a police disciplinary authority, such as the People’
Enforcement Board (PLEB), no other case involving the same cause of a
shall be filled with any other disciplinary authority

“In order to prevent forum shopping or multiple filing of complaints, the
complainant or party seeking relief in the complaint shall certify under oath in
such pleading, or in a sworn certification annexed thereto and simultaneously
filed therewith, to the truth of the following facts and undertaking:

“(A) that he has not herefore commenced any other action or proceeding
involving the same issues in other disciplinary forum;

“(b) That to the best of his knowledge, no such action or proceeding is
pending in other police administrative disciplinary machinery or
authority;



“(c) That if there is any such action or proceeding which is either pending
or may have been terminated, he must state the status thereof and;

“(d) that if he should thereafter learn that a similar action or proceeding
has been filed or is pending before any other police disciplinary authority,
he must undertake to report that fact within five (5) days there from to the
disciplinary authority where the original complaint or pleading has been
filed.”

ICTION 53. Section 42 of Republic Act No. 6975 is hereby amended as
follows;

“SEC 42, Summary Dismissal Power of the National Police Commission,
PNP Chief and PNP Regional Directors AND IAS INSPECTOR GENERAL
- The National Police Commission, the chief of the PNP and PNP Regional
Directors AND INSPECTOR GENERAL OF IAS, after due notice and
summary hearings, may immediately remove or dismiss any respondent PNP
member in any of the following cases:

“(A) when the charge is serious and the evidence of guilt is strong:

“(b) When the respondent is a recidivist or has been repeatedly charged
and there are reasonable grounds to believe that he is guilty of the
charges

“(c) When the respondent is guilty of serious offense involving conduct
unbecoming of a police officer.

“Any member or officer of the PNP who shall go on absence without leave
(AWOL) for a continuous period of thirty (30) days or more shall be dismissed
immediately from the service. His activities and whereabouts during the period
shall be investigated and if found to have committed a crime, he shall be
prosecuted accordingly.”

SECTION 54. Section 44 of Republic Act No, 6975 is hereby amended to read
as follows:

“SEC. 44. Disciplinary Appellate Boards. ~ The formal administrative
disciplinary machinery of the PNP shall be the National Appellate Board and
the Regional Appellate Boards.


“The National Appellate Board shall be composed of the four (4) regular
commissioners and shall be chaired by the executive officer. The Board shall
consider appeals from the decision of the Chief of the PNP.

“The National Appellate Board may conduct its hearings or sessions in
Metropolitan Manila or any part of the country as it may deem necessary,

“There shall be at least one (1) regional appellate board per administrative
region in the country to be composed of a senior officer of the regional
commission as chairman and one (1) representative each from the PNP, and the
regional peace and order council as members. It shall consider appeals from
decisions of the PNP REGIONAL DIRECTORS, MAYORS AND THE
PLEBs: Provided that the Commission may create additional regional appellate
boards as the need arises.”

SEC. 4. ‘This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,