Ze REPRESS

E- Filed
RECEIVED A
homeor Sets DATE September 28, 2023. by
‘Quezon City TIME 1:00 pm *
ay Rai
NINETEENTH CONGRESS ry
Second Regular Session Sg

HOUSE BILL NO. 9356

Introduced by REPRESENTATIVE JOSE MA. R. ZUBIRI, JR.

EXPLANATORY NOTE

This proposed measure seeks to establish and institutionalize a National Police Clearance System (NPCS)
in order to consolidate and connect information into a centralized police clearance database.

It is unfortunate that our local police databases are not integrated in today’s era of massive innovation
and technology. The lack of integration makes police clearance as a requirement for employment and
other legal purposes almost worthless. Any person with a criminal record can simply go to a police
station jurisdiction to reflect a clean record.

With the NCPS, a centralized crime-related record checking nationwide will result in a standardized and
streamlined police clearance application, convenient online application portal and an integrated PNP's
crime-related database. This way, police service can be efficient and at the same time effective.

In view of the foregoing, the approval of this bill is earnestly sought.

REP. JOSE MA. R. ZUBIRI, JR.
Third District/ Buki


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
‘Second Regular Session

HOUSE BILLNO.__ 9356

Introduced by REPRESENTATIVE JOSE MA. R. ZUBIRI, JR.

AN ACT
ESTABLISHING THE NATIONAL POLICE CLEARANCE SYSTEM, PROVIDING FUNDS
‘THEREFOR 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 “National Police Clearance System
Act”.

SECTION 2. Deciaration of Policy. - It is hereby declared the policy of the State to ensure
public safety thru a highly efficient, effective, competent and modemized police force and the use of
information and communications technology. Furthermore, the State shall improve efficiency in the
delivery of service by reducing bureaucratic red tape and preventing corruption while ensuring the
protection of the fundamental human right of privacy.

SECTION 3. National Police Clearance System. — The National Police Clearance System
(NPCS) fi ereby estabishe The Philippine National Police (PNP) shall be the government
responsible for the implementation of the NPCS. Pursuant to this mandate, the PNP shall formulate
and adopt policies for the effective operationalization of the NPCS including, but not limited to,
maintenance of a national record of all reported crime incidents, warrants of arrests, pictures and
personal detaits of arrested and wanted persons, fingerprints and ballistic examination records and
other relevant information.

SECTION 4. National Police Clearance. — The National Police Clearance shall be the primary
government certificate or document indicating the presence or absence of any criminal and/or
Serogatory records in the Philppines of any indhvival,

‘The National Police Clearance shall also be the sole government certificate or document that will be
required in all PNP transactions for verifying the presence or absence of any criminal and/or
derogatory records in the Philippines of the individual transacting with the PNP.

SECTION 5. Processing of Information. — The processing of information under the NPCS
shall be subject to Section 11, 12 and 13 of Republic Act No. 10173, otherwise known as the “Data
Privacy Act of 2012".

SECTION 6. Issuance of National Police Clearance. — Any person may request for the issuance
of their National Police Clearance from the PNP. In line with this, the PNP may determine, fix and
clearance as mandated by the Republic Act No. 11261, otherwise known as the “First Time Jobseekers
Assistance Act”.

SECTION 7. Confidentiality. — The Philippine National Police shall ensure at all times
the confidentiality of any personal information that comes to its possession or obtained as a
requirement for the issuance of a Police Clearance under the preceding section.

SECTION 8. Penal Provision. — (a) any person, who breach the confidentiality
of information contained in the NPCS, whether by carelessness, improper behavior, behavior with

three (3) months but not to exceed one (1) year and a fine of not less than Fifty Thousand Pesos


(50,000.00) but not more than One Hundred Thousand Pesos (100,000.00), subject to the degree
of breach of information.

(b) The unauthorized processing National Police Clearance without the consent of the subject individual
Stal be penalized by imprisonment of tree (2) month but nat fo exceed ene (1) year ana fne of nat
less than Fifty Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos
(P'100,000.00).

SECTION 9. Capability Enhancement Programs of PNP. — Collections from the
issuance of National Police Clearance shail be utilized to support the Capability Enhancement
Programs of PNP.

SECTION 10. Appropriation. — The amount necessary for the effective
implementation of the provisions of this Act shall be taken from the current year's
appropriation of the PNP. Thereafter, such sum as may be needed for the continued
implementation of this Act shall be included in the annual Generations Appropriations Act.

SECTION 11. Implementing Rules and Regulations. —- Within 60 days from the
effectivity of this Act, the PNP shall promuigate the rules and regulations necessary for the
effective implementation of this Act.

‘SECTION 12. Separability Clause. — If any portion and provision of Act is declared
unconstitutional, the remainder of this Act or any provisions not affected hereby shall remain
in force and effect.

SECTION 13. Repealing Clause. — All laws, decrees, orders, regulations and policies
inconsistent with the provisions of this Act are hereby repealed and/or amended accordingly.

‘SECTION 14. Effectivity. — This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

Approved,