14“’ CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
FIRST REGULAR SESSION 
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7 JUN 30 
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Introduced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
The Philippine National Police (PNP) has been tagged by the United States State 
Department as one of the worst human rights violators here in the country. The State 
Department, in its Country Reports on Human Rights Practices, cited that “the Philippine 
National Police (PNP) has deep- rooted institutional deficiencies and suffers from a 
widely-held and accurate public perception that it is corrupt.” 
One of the deficiencies seen in the organization of the Philippine National Police 
(PNP) is the absence of an independent police commission, to investigate and adjudicate 
administrative cases filed against members and officers thereof, most especially those 
involving human rights violations committed against ordinary civilians. The present 
organizational structure gives this jurisdiction to an administrative machinery which is 
composed of adjudicators from within the ranks of the PNP. Such a scenario 
compromises the constitutional guaranty of the “cold impartiality of a neutral judge,” 
which is assured in all adversarial proceedings. 
This bill proposes the creation of the Independent Police Control Commission, 
(IPCC) which shall have the power to determine, investigate and adjudicate 
administrative cases involving serious misconduct, torture and abuse committed by any 
member or officer of the Philippine National Police. (PNP) To ensure its independence, 
the Commission shall he purely civilian in character, and the Chairperson and 
Commissioners thereof shall not have been actively engaged in any police or military 
service at any time. 
Hence, immediate passage of this bill is earnestly sought. 


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Introduced by Senator Aquilino Q. Pimentel, Jr. 
AN ACT CREATING THE INDEPENDENT POLICE CONTROL COMMISSION, 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives ofthe Philippines in 
Congvess assembled: 
SECTION 1. Declaration of State Policy. -- The State values the dignity of every 
human person and guarantees full respect for human rights, Every citizen has the right to 
be protected against any form of torture, abuse, violence, intimidation or any other means 
to vitiate his free will committed against his person, at m y  time, even under the custody 
of police officers during arrest or detention. 
SEC. 2. Creation of the Independent Police Control Commission. In pursuance 
with the above-mentioned policies, the Independent Police Control Commission is hereby 
created. 
SEC 3. Definition of Terms. The following terms, as used in this Act, are hereby 
defined as follows: 
a. 
“Abuse” refers to any act by deeds or words which physically or 
psychologically debases, degrades or demeans the intrinsic worth and 
dignity of an individual as a human being; 
b. 
“Serious Misconduct” refers to any act of a member of the Philippine 
National Police (PNP) employing excessive force, harassment or 
abusive behavior. It could also include unlawful arrest or any act 
deemed as a transgression of one’s constitutional rights. 
C. 
d. 
“Commission” refers to the Independent Police Control Commission; 
“Police” refers to any member or officer of the Philippine National 
Police (PNP); 
e. 
“Substantial Evidence” refers to such relevant evidence as a reasonable 
mind might accept as adequate to support a conclusion; 
SEC. 4. Composition of the Commission. The Independent Police Control 
Commission is a collegial body which shall be composed of a Chairperson and two (2) 
Commissioners, one of whom must be a woman, must be natural-born citizens of the 
Philippines, at least forty (40) years o f  age, of proven probity and integrity and must have 
been actively involved in human rights protection and promotion activities for at least ten 
(1 0) years. The Chairperson and Commissioners shall he chosen from a list of nominees 
submitted by a selection committee composed of representatives of Commission on 
Human Rights and non-governmental organizations engaged in the protection of human 
rights. 


The Commission shall be civilian in character, and shall maintain independence 
from any influence of the Philippine National Police. (PNP) The Chairperson and 
Commissioners thereof must not have been actively engaged in any kind of police or 
military service at any time, nor candidates for any elective position in the immediately 
preceding national or local elections. 
SEC. 4. Salary, Retirement and other Privileges of the Chairperson and 
Commissioners. The Chairperson and Commissioners of the Commission shall receive 
the same salary and privileges as the Chairpersons and Commissioners, respectively, of 
the Constitutional Commissions, which shall not be decreased during their term of office. 
Likewise, they shall receive the same retirement benefits as that of Constitutional 
Chairperson and Commissioners as provided by law existing at the time of expiration of 
their term of office. 
SEC. 5. Appointment and Term of Office. The Chairperson and the 
Commissioners shall be appointed by the President for a term of seven years without 
reappointment. Of those first appointed, the Chairperson shall hold office for seven years, 
one Commissioner for five years, and the other Commissioner for three years, without 
reappointment. Appointment to any vacancy shall be only for the unexpired portion of the 
term of the predecessor. In no case shall any Commissioner be appointed or designated in 
a temporary or acting capacity. 
SEC. 6. Who May File A Complaint. The following may file a complaint before 
the Commission: 
1. Any person who has been a victim of an act of abuse, serious misconduct or 
torture committed by a member of the Philippine National Police (PNP) 
2. Any person who was present when the alleged act of abuse, serious misconduct or 
torture took place, or any person who has probable cause to believe based on 
personal knowledge of facts or circumstances that an act of abuse, serious 
misconduct or torture has been committed. 
SEC. 7. Jurisdiction of the Commission. The Commission is hereby vested with 
primary original and exclusive jurisdiction to determine, investigate and adjudicate 
administrative cases involving abuse, serious misconduct or torture committed by any 
member or officer of the Philippine National Police, (PNP), other than those defined as 
minor offenses in Section 52 of Republic Act No. 8551, otherwise known as “ An Act 
Providing for the Reform and Reorganization of the Philippine National Police and for 
Other Purposes, Amending Certain Provisions of Republic Act Numbered Sixty-Nine 
Hundred and Seventy-Five Entitled, “An Act Establishing the Philippine National Police 
Under A Reorganized Department of the Interior and Local Government, and For Other 
Purposes.” 
Subject to the essential requirements of due process, it shall not be bound by 
technical rules of procedure but shall proceed to hear and decide cases or controversies 
filed before it in a most expeditious manner, employing all reasonable means to ascertain 
the facts of every case in accordance with justice and equity and the merits of the case. 
The findings of fact shall be final and conclusive if based on substantial evidence. 
The administrative proceeding shall be conducted without prejudice to the filing 
of any civil or criminal complaint against the member of the Philippine National Police 
(PNP) before the Regional Trial Court (RTC) or the Sandiganbayan, as the case may be. 
SEC. 8. Judicial Review. In connection with its quasi-judicial power, any 
decision, order, adjudication, and/or ruling of the Commission may be brought to the 
Court of Appeals on certiorari within fifteen (1 5) days from receipt of a copy thereof. 


SEC. 9. Appeals. An appeal from the decision of the Court of Appeals shall be by 
petition for review with Supreme Court within a non-extendible period of fifteen (15) 
days from receipt of a copy of the said decision. 
SEC. 10. 
Implementing Rules and Regulations. The Commission on Human 
Rights shall be tasked to draft the implementing rules and regulations of this Act sixty 
(60) days from the effectivity of this Act. 
SEC. 11 ..Appropriations. The amount of ten million pesos (PlO,000,000.00) from 
funds of the National Treasury not otherwise appropriated is hereby appropriated for the 
initial operations of the Commission, Thereafter, such sums as may be necessary for the 
full implementation of this Act shall be included in the annual General Appropriations 
Act. 
SEC. 12. Separability Clause, If any provision of this Act shall be held 
unconstitutional, other provisions not affected thereby shall remain valid and binding. 
SEC. 13. Repealing Clause. Sections 52,53 and 54 of Republic Act No. 8551, 
otherwise known as “ An Act Providing for the Reform and Reorganization of the 
Philippine National Police and for Other Purposes, Amending Certain Provisions of 
Republic Act Numbered Sixty-Nine Hundred and Seventy-Five Entitled, “An Act 
Establishing the Philippine National Police Under A Reorganized Department of the 
Interior and Local Government, and For Other Purposes,” and all other laws, presidential 
decrees, letters of instructions, executive orders, rules and regulations insofar as they are 
inconsistent with this Act are hereby repealed or amended, as the case may be. 
SEC. 14. Effectivity. This Act shall take effect after fifteen (15) days following its 
publication in the Official Gazette or in two (2) newspapers of general circulation in the 
Philippines. 
Approved.