HOusi OF REPRESENTATIVES

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Republic of the Philippines care
HOUSE OF REPRESENTATIVES G-
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SEVENTEENTH CONGRE! —_ pe

REGISTR WICN UNIT
BILLS AND INDEX SERVICE

First Regular Session

House Bill__2609

Introduced by REP. ENRICO A. PINEDA and REP. MICHAEL ODYLON L. ROMERO

EXPLANATORY NOTE

This bill seeks to institute a stronger self-<disciplining mechanism within the Philippine
National Police. The lack of an empowered internal watchdog has been cited by experts as one
reason why many infractions committed by men in uniform go unchecked or unpunished.

Without such tripwire against abuse, police officers can take advantage their rank and
power with impunity. One way of maintaining discipline in the ranks, it has been recommended,
is to make sure that when violations are committed, the certainty of discovery, investigation, and
punishment follows.

No police can do its work without a strong Internal Affairs doing oversight. IAS do not
hinder police work. Rather, by ensuring that police officers do not cross moral and legal red lines,
they ensure discipline and boost morale.

This bill is written at a time when national focus is on the few erring members of the PNP.
The nationwide crackdown on the illegal drug trade has revealed the role of bad cops. While they
may be small, the stain they leave on the organization is big. For them to clean society of criminals,
they themselves must be clean, and an independent IAS can help keep them that way.

The Internal Affairs Service (IAS) of the PNP was created by “The PNP Reform and
Reorganization Act of 1998” (Republic Act No. 8551).

The IAS was meant to be an independent unit armed with disciplinary authority over
members of the Philippine National Police. Unfortunately, the present IAS possesses no such
powers, rendering it unable to impose sanctions on erring officer.

What it has at present is the power to merely recommend, its findings subject to approval
or rejection by the Director General of the PNP, and even by PNP Regional Directors.

This bill, therefore, seeks to enhance the independence of the IAS, to grant it power to
discipline, to insulate it from the supervision of higher offices of the very organization that it is
supposed to police, and to strengthen its organizational structure so that it can do its duty
impartially and without impediment.

ICHAEL ODYLON L. ROMERO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bil_ #600

Introduced by REP. ENRICO A. PINEDA and REP. MICHAEL ODYLON L. ROMERO

AN ACT
TO STRENGTHEN THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE
NATIONAL POLICE, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF
THE PNP LAW UNDER REPUBLIC ACT SIXTY NINE AND SEVENTY FIVE (RA
6975) AS AMENDED BY REPUBLIC ACT EIGHTY FIVE HUNDRED AND FIFTY ONE.
(RA 8551)

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

SECTION 1. This Act shall be known as the “Police Internal Affairs Service Reform Act
of 2016.”

SECTION 2. Section 39 of Republic Act No. 8551 is hereby amended to read as follows:

“Section 39. Creation, Powers, and Functions. — An Internal Affairs Service (IAS) of

the PNP is hereby created which shall:

“a) _Pro-actively conduct inspections and audits on PNP personnel and units;

“b) Investigate complaints and gather evidence in support of an open investigation;

“C) HEAR AND DECIDE ADMINISTRATIVE CASES AGAINST ERRING
UNIFORMED AND NON-UNIFORMED PNP PERSONNEL;

“{c] 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 and the
Commission;

“{d] E) File appropriate criminal cases against PNP members before the court as evidence
warrants and assist in the prosecution of the case;

“[e] F) Provide assistance to the Office of the Ombudsman in cases involving the personnel
of the PNP.

“The IAS shalll also conduct, motu proprio, automatic investigation of the following cases:

“a) incidents where a police personnel discharges a firearm;


“b) Incidents where death, serious physical injury, or any violation of human rights
occurred in the conduct of a police operation;

“c) Incidents where evidence was compromised, tampered with, obliterated, or lost
while in the custody of police personnel;

“d) Incidents where a suspect in the custody of the police was seriously injured; and

“e) Incidents where the established rules of engagement have been violated.

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

“THE INTERNAL AFFAIRS SERVICE SHALL BE HEADED BY AN
INSPECTOR GENERAL, WHO SHALL BE ASSISTED BY A DEPUTY INSPECTOR
GENERAL.

“THE DISCIPLINARY POWERS HEREIN GRANTED TO THE INTERNAL
AFFAIRS SERVICE SHALL BE WITHOUT PREJUDICE, AND SHALL NOT
DIMINISH, THE DISCIPLINARY POWERS GRANTED TO THE COMMISSION, THE
CHIEF OF THE PHILIPPINE NATIONAL POLICE, THE REGIONAL DIRECTORS
AND THE PEOPLE’S LAW ENFORCEMENT BOARDS UNDER SECTIONS 42 AND 43
OF REPUBLIC ACT NO. 6975.”

SECTION 3. Section 40 of Republic Act No. 8551 is hereby amended to read as follows:

“Section 40. Organization. — There are hereby created national, regional, and provincial
offices of the Internal Affairs Service. That national office shall be headed by the Inspector
General. The regional offices shall each be headed by a Director. The provincial offices shall be
headed by a Superintendent.

The Commission shall establish a rationalized staffing pattern in the Reorganization Plan
as provided for in Section 13 hereof.

SECTION 4. Section 41 of Republic Act No. 8551 is hereby amended to read as follows:

“Section 41. Appointments. — The Inspector General and the Deputy Inspector General
shall be civilians. They shall be appointed by the President from a list of three (3) nominees
submitted to him by the Commission. No person shall be appointed Inspector General or Deputy
Inspector General unless he or she is a Filipino citizen, at least forty-five (45) years of age, and a
member of the Philippine Bar for at least ten (10) years prior to the date of his or her appointment.

“The Inspector General and the Deputy Inspector General shall serve for a term of five (5)
years without reappointment. The Inspector General shall receive the salaries, benefits and
privileges equivalent to those received by a Deputy Director General of the PNP. The Deputy


Inspector General shall receive the salaries, benefits and privileges equivalent to those received by
a Director of the PNP.

“The heads of the Provincial and Regional Internal Affairs Offices shall be appointed by
the Chief of the Philippine National Police upon the prior recommendation of the Inspector
General.

“Appointments of other personnel of the Intemal Affairs Service shall be made by the
Inspector General and shall be based on an established career pattern and criteria to be promulgated

by the Commission.”

SECTION 5. Section 49 of Republic Act No. 8551 is hereby amended to read as follows:

“Section 49. Procedure in Disciplinary Cases. — Proceedings before the Internal Affairs
Service shall be summary in character and shall follow the following procedure:

(a) Complaints against erring uniformed or non-uniformed personnel of the PNP may
be filed with either the Provincial Internal Affairs Office or the Regional Internal Affairs Office
having jurisdiction over the place where the offense was committed.

(b) The complaint shall be in writing and under oath. The complainant shall submit,
together with the complaint, all the real, documentary and testimonial evidence, by way of
affidavits to support the complaint;

(©) Within five (5) days from receipt of the complaint, the Provincial or Regional
Internal Affairs Office concerned shall cause the service of a copy of the complaint and its
attachments upon the respondent, together with an order requiring the respondent to file his or her
answer to the complaint, furnishing a copy thereof to the complainant, within a period of ten (10)
days from his or her receipt of the complaint and the order.

(d) The respondent’s answer shall likewise be under oath and shall include all the real,
documentary and testimonial evidence, by way of affidavits, in support of his defense.

(e) __ The parties may file their respective position papers within ten (10) days from the
respondents’ filing of the answer.

() Within thirty (30) days from the parties’ submission of their respective position
papers, or from the lapse of the period to file the same, the Provincial or Regional Internal Affairs
Service Office concerned shall forward the entire records of the case to the Inspector General
together with a written recommendation which shall include:

(The findings of fact;

(ii) The laws, rules or regulations violated by the respondent, if any; and

(iii) The penalty or penalties to be imposed upon the respondent.

(g) | Within a period of thirty (30) days from his receipt of the records and
recommendation, the Inspector General shall render a decision adopting, reversing or modifying
the recommendation of the Provincial or Regional Internal Affairs Service Office concerned.


(h) The periods provided herein shall be non-extendible.

@ The Inspector General shall make all records, proceedings, official
documents of the Service’s activities, rules, cases being handled compliant with Freedom of
Information (FOI) regulations and laws except those explicit described as exempted from FOI.

SECTION 6. Section 50 of Republic Act No. 8551 is hereby amended to read as follows:

“Section 50. Appeals. - A decision of the Inspector General dismissing a case or
imposing a penalty of lower than suspension for ninety (90) days or less, or forfeiture of benefits
equivalent to ninety (90) days’ pay or less shall be final, unappealable and immediately
executory. A decision of the Inspector General imposing the penalty of dismissal from the service,
demotion, suspension of more than ninety (90) days or forfeiture of benefits equivalent to more
than ninety (90) days’ pay may be appealed to the Commission within ten (10) days from the
aggrieved party's receipt of the decision. The Commission shall resolve the appeal within ninety
(90) days from its receipt of the appeal. The decision of the Commission shall be final and

immediately executory.

SECTION 7. If any section or part of this Act is held unconstitutional, no other section or
provision shall be affected.

SECTION 8. This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) national newspapers of general circulation, whichever

comes earlier.

Approved.