Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
House Bill No. 8587
Introduced by Representative Gabriel H. Bordado, Jr.
EXPIANATORY NOTE
The Philippine National Police is instrumental in enforcing the law,  preventing
crime,  and maintaining public safety and order in the country.  For our police force to
continue staying true to their mandate with the highest efficiency and competency, it
is also important to ensure that its many processes and operations keep up with the
fast-paced    global    modernization,    particularly   in    the    use    of   information    and
communication technology.
Among  its  many processes, the issuance of police clearances remains to be
one of the PNP's most important responsibilities. The police clearance not only serves
as  a  crucial  requirement  for  employment  in  the  country.  but  is  also  vital  in  crime
prevention though systematic criminal records check. Despite the ability of the public
to  now apply for police  clearance online,  the  PNP still  lacks the enforcement of an
amalgamated  database  that  would  bring  into  line  all  the  records  from  local  police
stations.
This  bill  seeks  to  establish  a  National  PQlice  Clearance  System  that  would
streamline all  records of reported  crime incidents,  warrants of arrest,  and details of
arrested and wanted persons among other pertinent information into a unified national
database.  The   maintenance  of  a   national  database  would   greatly  improve  the
coordination and efficiency in checking criminal records of the different police stations
around the country.
In line of the foregoing, the swift passage of this measure is earnestly sought.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
House Bill No. 8587
Introduced by Representative Gabriel H. Bordado, Jr.
AN ACT ESTABLISHING THE NATIONAL POLICE CLEARANCE SYSTEM,
PROVIDING FUNDS THERHFOR AND FOR OTHER PURPOSES
Be it enacted  by the Senate and the t]ouse 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. Declaration  of Policy - lt is hereby declared the policy of the State to
ensure public safety thru a highly efficient, effective, competent and modernized 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) is hereby established. The Philippine National Police (PNP) shall be
the government agency 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 arrest, pictures and personal details
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 derogatory records in the Philippines of any individual.
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  collect  reasonable  amounts to  be  charged  as  fees for the
issuance of the police clearance:  Provided. That no fees and other charges shall be
collected from first time jobseekers when obtaining such police clearance as mandated
by 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  malicious  Intent.  and  use of confidential  information for profit]  shall be
penalized by imprisonment of three (3) months but not to exceed one (1 ) year and a
fine  of  not  less  than  Fifty  Thousand  Pesos  (P50,000.00)  but  not  more  than  One
Hundred   Thousand   Pesos   (P100,000.00),   subject   to   the   degree   of  breach   of
information;
(b) The unauthorized processing of National Police Clearance without the consent of
the subject individual shall be penalized by imprisonment of three (3) months but not
to exceed one (1 ) year and a fine of not less than Fifty Thousand Pesos (P50,000.00)
but not more than One Hundred Thousand Pesos (P100,000.00).
SECTION 9. Capability Enhancement Programs of the PNP. -Collections from the
issuance  of  national   police  clearance  shall  be  utilized  to  support  the  Capability
Enhancement Programs of the 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 General Appropriations Act.
SECTION.11  lmplementing Rules and Regulations. -Within sixty (60) days from
the effectivity of this Act, the PNP shall promulgate the rules and regulations necessary
for the for the effective implementation of this Act.
SECT.ON 12. Separability Cause. -   lf any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.
SECTION 13. Repealing Cause. -All laws, decrees, executive orders, proclamations,
and  administrative  regulations  or  parts  thereof  inconsistent  herewith  are  hereby
repealed or modified accordingly.
SECTION 14. Effectivity Clause.  -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved,