FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENAIE 
S.B. lu69 
Introduced by Senator Villar 
EXPI,.ANATORY NOTE 
"Kotong" happens when a law enforcement official or public official extorts or 
unlawfully extracts money or property through intimidation or undue exercise of their 
authority against any person facing apprehension or charges for violating or suspected 
of violating any law in exchange for protection against possible arrest or filing of 
charges. 
In familiar terms, 
it occurs when a policeman tries to collect money from 
civilians by way of delaying the issuances of clearance or reports or dropping hints of 
having no gasoline to use for a vehicle or "pang-gasolina lang po or pampadulas." 
There are existing statutes to combat extortion activities of rogue uniformed 
personnel and other public officials, e.g., the Anti-Graft and Corrupt Practices Act, 
the 
PNP Reform Act, the Administrative Code of the Philippines and the Revised Penal 
Code. The laws are complemented by various issuances and regulations providing 
guidelines proscribing kotong operations and extortion and sanctions on the said 
criminal activities. 
. 
But mulcting or kotong has tainted the image of the country's law enforcement 
agencies even if a negligible percent of public officers/law enforcers are engaged in this 
11 Ii cit activity. 
For example, 
in the' statistics on Central Luzon vis-a-vis kotong in the 
area, only one percent (1 %) or 80 out of 8,000 policemen are involved in extortion and 
that most of them are neophyte cops with ranks of Police Officer 1 or 2. 
This bill is thus submitted in earnest, with the following highlights: 
1. 
It defines the crime of kotong or mulcting, to remove scalawags in uniform and 
enumerates the public officers/law enforcement agents covered; 
2. 
A set of stiffer penalty is imposed. 
Under the legislation, any person who shall 
violate this Act shall, upon conviction, be penalized by imprisonment of not less than 
six (6) months nor more than one (1) year, or a fine of not more than one hundred 
thousand pesos (Php 100,000.00) or both such fine and imprisonment at the discretion 
of the court. 
3. 
A system or reporting "kotong" cops or erring public officer is being established 
using 
new 
mechanisms 
such 
as 
formation 
of "honesty teams", 
dedicated 
communication lines and SMS. 
Early enactment of this bill is recommended. 


SUi>;n: 
OFFICE OF THL ;';ECBHMW 
t , 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
1 0 Jtt -8 P 4 :14 ' 
SENATE 
S.B. 1069 
Introduced by Senator Villar 
AN ACT 
DEFINING THE CRIME OF MULCTING OR "KOTONG', 
THEREFOR AND FOR OTHER PURPOSES 
PROVIDING PENALTIES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. DEFINITION. The crime of mulcting or "kotong" is committed when 
a law enforcement official or public official extorts or unlawfully extracts money or 
property through intimidation or undue exercise of their authority against any person 
facing apprehension or charges for violating or suspected of violating any law in 
exchange for protection against possible arrest or filing of charges. 
The law enforcement officials or public officials mentioned in this Act shall include, 
law enforcement officials in the national or local government unit level including but not 
limited to employees of the Philippine National Police (PNP), Armed Forces of the 
Philippines (AFP), National Bureau' of Investigation (NBI), 
duly appointed barangay 
tan ods, environment police or forest guards, deputized traffic enforcers/personnel and 
other apprehending authorities. 
SECTION 2. PENAL TV. Any person who shall violate this Act shall, 
upon 
conviction, be penalized by imprisonment of not less than six (6) months nor more than 
one (1) year, or a fine of not more than one hundred thousand pesos (Php 100,000.00) 
or both such fine and imprisonment at the discretion of the court. 
, 
Prosecution under this Act sh,all be without prejudice to any liability for violation of 
any provision of the Revised Penal Code or any other law. 
SECTION 3. 
The Philippine National Police, 
the National Bureau of 
Investigation and other law enforcement agencies must establish a system of tracking 
down "kotong" cops or agents or public officials with the assistance of the citizens taking 
into consideration their privacy, risks and safety. 
It may include but not limited to the 
creation of a devoted phone or communication line that will accept or process reports of 
extortion, 
installations of surveillance cameras to entrap erring policemen or public 
officer, formation of "honesty teams" in the organization that will handle reports of 
mulcting or kotong activities, mandatory and continuing education or seminars, 
and 
others. 
, 
, , 


• 
SECTION 4. SEPARABILlTY.CLAUSE. If any provision or part of this Act is 
declared invalid or unconstitutional, the other parts or provisions thereof shall remain 
valid and effective. 
SECTION 5. REPEALING CLAUSE. 
All laws, 
orders, 
rules or regulations 
which are inconsistent with or contrary to the provisions of this Act are hereby amended 
or repealed accordingly. 
SECTION 6. EFFECTIVITY. This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two newspapers of general 
circulation, whichever is earlier. 
Approved, 
2