Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

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EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _1270

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Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

This bill proposes the establishment of special police courts to be known as Police Law
Enforcement Courts in all regional trial courts and the consequent creation of Appellate
Police Law Enforcement Courts by amending Batas Pambansa Bilang 129 otherwise
known as the Judiciary Reorganization Act of 1980.

Over the first half of 2017, the Philippine National Police (PNP) has already conducted
almost 70,000 drug operations alone, whose legitimacy of means and outcome have
drawn much attention. In fact, the PNP has been tagged in numerous infamous cases of
alleged murders and deaths labeled as collateral damage in the war against illegal drugs
and other crimes. National and intemational media have fixed the spotlight on the
police and their alleged abuses. Given the magnitude of ongoing police operations and
the express mandate of President Rodrigo Roa Duterte that the police forces remain
vigilant and aggressive in its law enforcement despite the issues besetting them, there is
an urgent need for a system of special police courts to ensure the fair and speedy
disposition of cases involving active and non-active members of the PNP.

The Police Law Enforcement Courts shall focus on all criminal and civil cases filed against
active and non-active members of the PNP in the pursuit of their duties, as well as
violations of PNP operational procedures and other police protocols. In light of this, the
Supreme Court shall accordingly 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. Members of the bench shall undergo proper training to competently hear these
cases.


Admittedly, while much power and trust have been reposed upon our courageous police
forces whose lives and reputation are also in constant threat, the same grant of
authority

calls for equally unrelenting supervision and regulation. This bill is a reaffirmation of our utmost
responsibility to put the safety of our people, their lives and properties above everything else

for this democracy is only as strong as their faith and trust in its institutions.

In view of the foregoing premises, the swift approval of this bill is humbly sought.

LUIS JUNP Ff. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2270

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT
ESTABLISHING THE POLICE LAW ENFORCEMENT COURTS,
GRANTING THESE COURTS 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
THEREFOREAND 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".

Section 2. Declaration of Policy. —Itis 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."

Section 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.

Section 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:

(a) Qualifications. - 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 (85) 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, x00

(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.

Section 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) _ Allcivil 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;

4) 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.

Section 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.

Section 7. Assistance of Public Attomeys. — The Public Attomey'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

Section 8. Notice on Transfer/Re-assignment of Police Personnel. — In order to
ensure continuous prosecution and trial of the case, upon filing ofa 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 seek 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.

Section 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.

Section 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.

Section 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.

Section 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

Section 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.

Section 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


Section 15. Repealing Clause. — Alll 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.

Section 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.

Section 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.

Approved