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EIGHTEENTH CONGRESS =  pateMay 24, 2021
REPUBLIC OF THE PHILIPPINES = TIME 2:55pm»
Second Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
House Bill No, 9417

EXPLANATORY NOTE

The Philippine National Police (PNP) is tasked to enforce the law, prevent and control crimes,
maintain peace and order, and ensure public safety and internal security with the active
support of the community.

Unfortunately, there are a few members of the PNP who abuse their power and authority.
They take advantage of their uniform and they feel that they are above the law.

In order to weed out these scalawags in uniform, the PNP has to strengthen its disciplinary
mechanism and show everyone that no one is above the law and that the PNP shall promote
and respect human rights and uphold the rule of law in the performance of its primary functions
to maintain peace and order and ensure public safety and security.

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFUS B. RO! UEZ


EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 9417

AN ACT
TO STRENGTHEN DISCIPLINARY MECHANISM IN THE PHILIPPINE NATIONAL POLICE,
AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6975,
AS AMENDED BY REPUBLIC ACT NO. 8551 FOR OTHER PURPOSES

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

Sec 1. Short Title - This Act shall be known as the “Strengthened Philippine National Police
(PNP) Disciplinary Mechanism Act.”

Sec 2. Declaration of Policy and Principles - Itis the policy of the state to establish a highly
efficient, effective and competent police force, which is national in scope, civilian in character,
and administered and controlled by the National Police Commission (NAPOLCOM).

‘A community and service-oriented law enforcement agency, the PNP shall promote
and respect human rights and uphold the rule of law in the performance of its primary functions
to maintain peace and order and ensure public safety and security.

The State shall endeavor to establish and maintain a strengthened internal affairs
service in the Philippine National Police that shall be the primary instrument to measure,
enhance, and instill performance and discipline among all PNP units and personnel and
conduct investigation and prosecution in an impartial, independent, expeditious and
professional manner, thereby ensuring the citizenry of unbiased police disciplinary
mechanism.

Sec 3. Organization of the Internal Affairs (IA) - The Internal Affairs Service (IAS) of the
PNP created under Republic Act No. 8551 is hereby reorganized as Internal Affairs (IA). The
IA shall be an independent, impartial, effective and efficient institutional guardian of integrity
and shall be placed directly under the Office of the Chief, PNP.

it shall be headed by an Inspector General (IG) who is a civilian duly appointed by the
President upon the recommendation of the Chief, PNP through the NAPOLCOM.

The IG shall be assisted by a Deputy Inspector General who is a uniformed personnel
with a rank of Police Major General likewise appointed by the President upon the
recommendation of the NAPOLCOM from among the most senior and qualified officers in the

There shall be two (2) Assistant Deputies Inspector General, one for Administration
and one for Operations, both with the rank of Police Brigadier General.

‘Sec 4. Functions of the IA - The IA shall exercise the following functions;

1. General Functions
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 with finality administrative case filed against uniformed
members of the PNP facing administrative charges;


d. Submit a periodic report on the assessment, analysis and evaluation of the
character and behavioral conduct of the PNP personnel and units to the Chief,
PNP and NAPOLCOM;

e. File appropriate criminal cases against PNP members before the regular court
as evidence warrants and assist in the prosecution of the case, and

f. Provide assistance to the Office of the Ombudsman in cases involving the
members of the PNP.

ll, Special Functions

The IA shall conduct motu propio investigations on the following cases;

a. Police personnel unlawfully discharges a firearm;

b. Death, serious physical injury, or any violation of human rights occurred in the
conduct of a police personnel;

c. Evidence was compromised, tampered with, obliterated, or lost while in the
custody of police personnel;

d. Asuspect in the custody of the police dies or is seriously injured;

e. The established rules of engagement and the PNP Operational procedures
have been violated; and

f. Aprima facie evidence to believe that police personnel has committed a crime
in the performance of his duties

lil, Other Functions

It shall recommend to the Department of Justice for the protection of witnesses
who are vital to the conduct of investigation and effective prosecution of PNP personne!
facing administrative or criminal case.

Sec 5. Organizational Structure of IA - The |A shall be composed of the following units:
4. National |A- There shall be a National IA that shall have the following Divisions, headed
by a uniformed personnel with the rank of Police Colonel:

a, Personnel and Human Resource Division — which shall provide manpower, career
planning and development, trainings, personnel transactions and employee
welfare;

b. Logistics and Finance Division — which shall provide plans and programs and
formulate policies and procedures regarding acquisition, inventory, control,
distribution, maintenance and disposal of supplies and shall oversee the
implementation of programs on transportation facilities and installations and the
procurement and maintenance of supplies and equipment; and shall provide with
staff advice and assistance on budgetary and financial matters, including the
overseeing of the processing and disbursement of funds;

c. Planning and Research Division — which shall provide technical services in areas
of overall policy formulation, strategic and operational planning, management
systems of procedures, evaluation and monitoring of programs, projects and
internal operations of the IA;

d. Inspection and Audit Division — which shall conduct inspection and audit and
moritor to determine character development, discipline, performance of personnel
and operational readiness and procedures of the PNP units to improve police
services and integrity.

e. Intelligence and investigation Division — which shall provide information for the
recruitment of personnel of the PNP, placement, promotion, and in gathering of


evidence in support of IA open investigation and prosecution of administrative and
criminal cases;

f. Legal Division — which shall provide efficient and effective summary hearing of
administrative cases; serve as legal counsel of the IA; draft or study contracts,
render legal opinions arising from the administration and operations of the 1A;

g. Police Community Relations Division — which shall provide the necessary support,
programs, and activities to restore values, discipline, and performance of PNP
personnel; provide alternative channel to report police irregularities and anomalies;

h. Information and Communication Technology Division — which shall be responsible
for managing information, electronics and communications technology resources
to promote, develop and regulate integrated strategic ICT systems and reliable and
efficient communications infrastructure. It shall provide and maintain reliable,
secured, integrated, and cost-efficient information technology and communications
services and facilities. it shall likewise be responsible for the design,
implementation, and maintenance of the IA database system.

2. Regional |A- The Regional IA offices shall be headed by a Director with a rank of Police
Brigadier General except for the Director of the National Capital Region iA who shall
have a rank of Police Major General.

3. District IA - The District IA of the National Capital Region shall be headed by a District
Director with a rank of Police Brigadier General.

4, Provincial and Highly Urbanized City 1A - The Provincial and Highly Urbanized City JA
offices shall be headed by a Director with a rank of at least Police Colonel or a civilian
of equivalent grade.

5. City IA- The heads of the City 1A offices shall have the rank of at least Police Lieutenant
Colonel or a civilian or equivalent grade.

Sec 6. Qualification and Term of Office of inspector General - To serve as IG, the
appointee must possess the following qualifications:
a. Acitizen of the Philippines;
b. Atleast fifty (50) years old;
c. Must be a member of the Philippine Bar, in good standing, with at least ten (10)
years of experience in handling criminal or administrative cases; and

The IG shall serve for a term of six (6) years, without reappointment, or upon reaching
the compulsory retirement age of 65 years old, whichever comes first.

Sec 7. Entry Qualification to the IA - The IA shall be composed of uniformed and non-
uniformed personnel. The IG shall appoint the personnel of IA who shall occupy various
positions in accordance with the established career path approved by the NAPOLCOM.

The uniformed personnel of IA shall have its own set of uniform, rank classification,
salary, recruitment and promotion processes, and retirement benefit system

Civilians recruited into the 1A as Patrolman shall possess the same qualifications as
provided for in Section 30 of Republic Act No. 6975, as amended by Section 14 of Republic
Act No. 8551, and shall undergo similar screening procedures and training for Patroimen
recruited into the PNP.

Transfer of the PNP personnel to the IA shall be voluntary. Qualified PNP Uniformed
Personnel may only exercise the option to join or transfer to the IA two (2) years from the
effectivity of this Act. PNP personne! who will transfer to the IA shall be subject to rigid


screening where only those who have no derogatory records and who have at least ten (10)
remaining years in the service shall be appointed.

Uniformed personnel, who are members of the Bar and graduates of related disciplines
may enter the IA laterally.

Sec 8. Prohibition — Uniformed PNP personnel who joined or transferred to the IA shall be
barred thereafter from joining or being appointed to any positions of other units of the PNP.

Sec 9. Recruitment - The IA shall have a rationalized staffing pattern in accordance with its
organizational structure. It shall have a separate recruitment quota for Patroiman and non-
uniformed personnel. The authorized personnel strength of the IA shall not exceed four
percent (4%) of the total strength of the PNP. The allocation for non-uniformed personnel shall
not exceed forty percent (40%) of the total personnel strength of the IA. The system of pay
and allowances, career development and promotion as well as separation, attrition, and
retirement for the IA personnel shall be patterned after the PNP system.

Sec 10. Promotion — Promotion of personnel of the national, regional, district, provincial, and
city 1A shall follow the general principles of the promotion system in the PNP with IG as the
approving authority upon the recommendation of the IA placement board.

Sec 11. Compulsory Retirement - The compulsory retirement of the IG IA and NUP shall be
governed by the existing laws, rules, and regulations for the civilian employees of the
government. For uniformed personnel, the compulsory retirement shall be governed by the
existing laws, rules, and regulations for the PNP personnel

Sec 12. Optional Retirement — Upon accumulation of at least twenty (20) years of satisfactory
active service, |A uniformed personnel, at the employee's request, may retire from the service
and entitled to receive the benefits provided by law. The optional retirement of the NUP of IA
shall be governed by existing laws, rules and regulations for the civilian employees of the
government.

Sec 13. Occupational Specialty Pay/Incentives — Personnel of the IA shall in additional to
other pay and allowances authorized under existing laws be granted Occupational Specialty
Pay which shall amount to fifty percent (50%) of their basic pay which shall be paid monthly
and shall be included as separate line item in the General Appropriations Act. This pay shall
not be considered a forfeiture of other remunerations and allowances which are allowed under
existing laws

Sec 14. Immediate Supervisor and Superior in IA Investigation — The immediate
supervisor or supervisor of the personnel or units being investigated under Section 32 of this
Act shall be automatically included in the investigation of the IA to exclusively determine lapses
in administration or supervision.

Sec 15. Restrictive Custody of Personnel under Investigation — Unit commanders or head
of offices are allowed to place their personnel under restrictive custody pending investigation
on alleged commission of serious or grave offenses. All firearms, PNP badge, ID and other
government properties issued to the erring personnel shall be recalled by the Supply
Accountable Officer of their respective units.

For purposes of this section, the term “restrictive custody" refers to the reasonable
restraint and restriction of police personnel to specified limits of the PNP pending investigation.
Itis permissible precautionary measure to assure the PNP authorities that the police personnel
concerned are always accounted for.

Any police personnel who shall break the provisions of restrictive custody shall be
subjected to administrative investigation to determine the liability, in addition to the original
complaint where said personnel is already being investigated upon.


A facility for Restrictive Custody of PNP personnel shall be established in every region

Sec 16. Police Justice System -
In cases of breach of internal discipline, a separate and distinct Police Justice System,
as promulgated by the NAPOLCOM upon recommendation of the C, PNP, shall be adopted.

Sec 17. Jurisdiction and Penalties — After notice and hearing, disciplinary authorities can
impose the penalties provided herein for the following offenses:
a. On Breach of internal Discip!

1) Chief of Police or equivalent supervisors may impose the administrative

punishment of reprimand, suspension or forfeiture of salary for a period not
exceeding sixty (60) days, or any combination thereof;
Provincial Directors or equivalent supervisors may impose the administrative
punishment of reprimand, suspension or forfeiture of salary for a period not
exceeding one hundred twenty (120) days, or any combination thereof;
3) Police Regional Directors or equivalent supervisor may impose the
administrative punishment of reprimand, suspension or forfeiture of salary for
a period not exceeding one hundred eighty (180) days, or any combination
thereof, or dismissal from service;
The Chief of the PNP may impose the disciplinary punishment of reprimand,
suspension or forfeiture of salary for a period not exceeding one hundred eighty
(180) days; or any combination thereof, or dismissal from service;
b. On Citizens Complaint:

1) The IA has the sole jurisdiction to resolve Citizen's Complaint against PNP.

Uniformed Personnel as follows:

a. City IA or equivalent supervisors may impose the administrative
Punishment of reprimand, suspension or forfeiture of salary for a period not
exceeding sixty (60) days, or any combination thereof;

b. Provincial IA or equivalent supervisors may impose the administrative
punishment of reprimand, suspension or forfeiture of salary for a period not
exceeding one hundred twenty (120) days, or any combination thereof;

c. Regional 1A or equivalent supervisor may impose the administrative
punishment of reprimand, suspension or forfeiture of salary for a period not
exceeding one hundred eighty (180) days, or any combination thereof, or
dismissal from service;

d. IG IAS may impose the disciplinary punishment of reprimand, suspension
or forfeiture of salary for a period not exceeding one hundred eighty (180)
days; or any combination thereof, or dismissal from service;

¢. SD Case- Summary Dismissal Powers of the NAPOLCOM, PNP Chief, PNP Regional

Directors and IA. - The chief of the PNP, PNP regional directors, and IA after due
notice and summary hearings, may immediately remove or dismiss any respondent
PNP member in any of the following cases:

(a) When the charge is serious and the evidence of guilt is strong;

(b) When the respondent is a recidivist or has been repeatedly charged and there
are reasonable grounds to believe that he is guilty of the charges; and

(c) When the respondent is guilty of a serious offense involving conduct
unbecoming of a police officer.

2

4)

Any member or officer of the PNP who shall go on absence without official leave
(AWOL) for a continuous period of thirty (30) days or more shall be dismissed
immediately from the service. His activities and whereabouts during the period shall
be investigated and if found to have committed a crime, he shall be prosecuted
accordingly.”


d. The NAPOLCOM shall provide in its implementing rules and regulations a scale of
penalties to be imposed upon any member of the PNP under this Section

e. Exclusive Jurisdiction — When a complaint or charge is filed against a PNP member,
it shall be heard and decided exclusively by the disciplinary authority which first
acquired original jurisdiction over the case: Provided, That, offenses which carry a
higher or lower imposable penalty shall be referred to the appropriate disciplinary
authority: Provided, further, That should any disciplinary authority or IA take
cognizance of any complaint beyond his jurisdiction and render a decision thereon, the
same shall be void and shall not be a bar to the filing of a complaint against the PNP
member before the proper disciplinary authority. Any disciplinary authority or 1A officer
who violated this provision shall be proceeded against administratively for serious
irregularity in the performance of duty.

f, Forum Shopping or Multiple Filing of Complaints — When an administrative
complaint is filed with a disciplinary authority, no other case involving the same cause
of action shall be filed with any other disciplinary authority.

In order to prevent forum shopping multiple filing of complaints, the complainant or
party seeking relief in the complaint shall certify under oath in such pleading or in a sworn
ceriification annexed thereto and simultaneously filed therewith to the truth of the following
facts and undertaking;

1) That he has not commenced any other action or proceeding involving the same
issues in other disciplinary forum;

2) That to the best of his knowledge, no such action or proceeding is pending in
other police administrative disciplinary machinery or authority;

3

That if there is any such action or proceeding which is either pending or may
have been terminated, he must state the status thereof, and

4)

That if he should thereafter learn that a similar action or proceeding has been
filed or is pending before any other police disciplinary authority, he must
undertake to report that fact within five (5) days therefrom to the disciplinary
authority where the original complaint or pleading has been filed.

The NAPOLCOM shall provide in its implementing rules and regulations a scale of
penalties to be imposed upon any member of the PNP under this Section.

Sec 18. Preventive Suspension — Immediately upon filing of a formal charge, the IA may,
motu proprio or upon motion of the complaining party, order the preventive suspension for a
period of not exceeding 90 days to any police personnel who has been accused of having
committed serious or grave offense, particularly those involving heinous crimes as defined
under existing laws, rules and regulations, upon the following grounds:

a. That the charge is serious or grave and the evidence of guilt is strong and the
respondent may influence the course of an investigation; or

b. There is evidence to show that respondent is exerting efforts to harass, intimidate,
coerce or unduly influence the complainant or his/her witnesses into withdrawing
against the respondent or to tamper with the evidence.


‘The PNP Personnel placed under preventive suspension shall upon receipt of the
order, surrender his/her firearms, PNP badge, ID and other government properties issued to
him/her.

‘The order of preventive suspension shall be directed to the concerned superior who
shall immediately implement the same. Failure to abide with the order shall constitute
dereliction of duty.

Sec 19. Implementation of CPNP, RD, and IA Decisions —

‘a. The concerned PNP units shall immediately implement the decisions of the CPNP,
RD, and IA, imposing disciplinary measures or sanctions against erring PNP
personnel

b. Decisions of CPNP, RD, and IA imposing the penalty of 6 months suspension, or
dismissal are immediately executory pending appeal.

c. Any head of the PNP unit/office who fails to implement the decisions of the 1A,
within fifteen (15) days from the receipt thereof, or who acts with abuse of discretion
on said decisions shall be made liable for gross neglect of duty.

Sec 20. Procedure on Appeal —
a. Breach of Internal Discipline
1) Decisions of the Chief of Police or equivalent supervisor may be appealed to
the Provincial Director or equivalent supervisor whose decision becomes final,
executory and non-appealable.

2)

Decisions of the Provincial Director in the exercise of original jurisdiction or
equivalent supervisor may be appealed to the Regional Director or equivalent
supervisor whose decision becomes final, executory and non-appealable.

3)

Decisions of the Regional Director in the exercise of original jurisdiction or
equivalent supervisor imposing the penalty of 180 days suspension or
dismissal may be appealed to the Chief, PNP.

4)

Decisions of the Chief, PNP, in the exercise of original or appeliate jurisdiction,
imposing the penalty of 180 days suspension or dismissal may be appealed to
the National Appellate Board (NAB).

5) Decisions of NAB are appealable to the Court of Appeals (CA).
b. The Internal Affairs
1) Decisions of the City IA on citizen's complaint may be appealed to Provincial [A
whose decision becomes final, executory and non-appealable.

Decisions of Provincial |A in the exercise of original jurisdiction may be appealed
to the Regional IA whose decision becomes final, executory and non-appealable.

2)

3)

Decisions of the Regional IA and District IA in the exercise of original jurisdiction
imposing the penalty of 6 months suspension or dismissal may be appealed to the
IG.

4)

Decisions of the IG, both on original and appellate jurisdiction, may be appealed to
the Chief, PNP.

5)

Decision of the Chief, PNP in the exercise of its appellate jurisdiction may be
appealed to NAB.


6) Decisions of NAB may be appealed to the CA.
c. SD Cases

4) Decisions of the CPNP, RD, and IG, IA in the exercise of their SD power are
appealable to NAPOLCOM En Banc.

Sec 21. Source of Fund - The appropriation for the Internal Affairs including funds for the
Occupational Specialty Pay shall be under a specific item in the Annual General
Appropriations Act. This shall include Personnel Services Maintenance and Other Operating
Expenses and Capital Outlay.

Sec 22. Fiscal independence — In order to strengthen its fiscal independence, the Internal
Affairs shall have an automatic, direct and regular release of funds, based on the approved
annual general appropriations, subject to the existing rules, practices and regulations on
auditing and accounting of the Commission on Audit. It shall have its own Finance, Budget
Management and Accounting Officer. The IA shall have a distinct and separate budget from
the other PNP units and offices.

Sec 23. Implementing Rules and Regulations — Within one hundred eighty (180) days from
approval of this Act, the Chief, PNP, in coordination with the National Police Commission and
Secretary of Budget and Management, shall promulgate the necessary rules and regulations
for its effective implementation.

Sec 24. Congressional Oversight Committee ~ There is hereby created a Congressional
(Oversight Committee to monitor and oversee the implementation of the provisions of this Act.
The committee shall be composed of six (6) members from the Senate and six (6) members.
from the House of Representatives with the Chairpersons of the Committee on Public Order
and Illegal Drugs and the Committee on Public Order and Safety of both Houses as Joint
Chairpersons. The five (5) other members from each Chamber shall be designated by the
Senate President and the Speaker of the House of Representatives, respectively.

The Minority shall have at least two (2) representatives from both Chambers.

Sec 25. Separability Clause — If any provision of this Act shall be held unconstitutional or
invalid, the other provisions shall not be affected and shall remain valid.

Sec 26. Repealing Clause - Section 45, RA 6975 and Sections 5, 39, 40, 42, 44, 45, 46, 50,
52 and 73 of Republic Act No.8551, are hereby repealed. All other laws, executive orders,
rules and regulations inconsistent with or contrary to this Act are hereby accordingly repealed
or modified.

Sec 27. Repealing Clause — This Act shall take effect after fifteen (15) days following its
publication in two (2) national newspapers of general circulation.

Approved,