SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
HOUSE BILL NO. _§713

Introduced by REP. FERDINAND L. HERNANDEZ

AN ACT

ESTABLISHING THE POLICE LAW ENFORCEMENT COURTS, GRANTING
THESE EXCLUSIVE ORIGINAL JURISDICTION OVER VIOLATIONS OF
CONSTITUTIONAL RIGHTS AND PNP RULES OF ENGAGEMENT
COMMITTED BY THE POLICE, AMENDING BATAS PAMBANSA BILANG
129, AS AMENDED, OTHERWISE KNOWN AS “THE JUDICIARY
REORGANIZATION ACT OF 1980”, APPROPRIATING FUNDS
THEREFORE AND FOR OTHER PURPOSES

The obligation of the government to protect the people is a duty so
sacrosanct, it is fundamental to the legitimacy of the establishment of the
state.

The spate of controversial reports on alleged extra-judicial killings and
the report on the existence of alleged death squads, attributing some murders
to government-sanctioned killings fuelled the filing of two Senate Resolutions
that prompted the Committee on Justice to investigate, in aid of legislation,
the alleged recent and rampant killings in the country. Although the
Committee did not find any proof that there exists a state-sponsored policy
authorizing extra-judicial killings, the Committee found that unabated
killings have been continuing for some 20 years already, crossing several
administrations, and yet measures taken by the police authorities to prevent
and investigate such have not resulted in a significant impact on bringing
down such killings. Throughout these years, the only constant in the equation
is the existence of the police and its concomitant duty to prevent and
investigate these killings.

With the recent strong campaign against illegal drugs and criminality
initiated by the incumbent President, there is a growing need to ensure that
the police’s execution of its duty follows its rules of engagement and is within
the purview of the law. While we expect the police to do their job with palpable
vigor in enforcing the law and carrying out the President’s orders, such
“presidential encouragement” does not give the police the license to violate the
constitutional rights of suspects.


Under the social contract theory, the police must realize that they draw
their authority to carry guns and enforce the law from the citizens. Thus, they
are expected to enforce the law to the letter. Should the police use their guns
against the innocent civilians or should they summarily execute people, they
must be punished and removed from the service with dispatch, without
sacrificing due process, to preserve the trust of the people in its government.
This bill seeks to shield the citizenry from the use by the police of unbridled
power, leading to violation of constitutional rights, by providing a special court
that will provide speedy and impartial trail of all complaings against the police
in the performance of their duties.



SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

HOUSE BILL NO. __ 5713

AN ACT

ESTABLISHING THE POLICE LAW ENFORCEMENT COURTS, GRANTING
THESE EXCLUSIVE ORIGINAL JURISDICTION OVER VIOLATIONS OF
CONSTITUTIONAL RIGHTS AND PNP RULES OF ENGAGEMENT
COMMITTED BY THE POLICE, AMENDING BATAS PAMBANSA BILANG
129, AS AMENDED, OTHERWISE KNOWN AS “THE JUDICIARY
REORGANIZATION ACT OF 1980”, APPROPRIATING FUNDS
THEREFORE AND FOR OTHER PURPOSES

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

Sec. 1. Short Title. - This Act shall be known as the “Police Court
Act of 2017.”

Sec. 2. Declaration of Policy. - It is the policy of the State to value
the dignity of every human person and guarantee full respect for human
rights. To uphold this duty, the State shall prosecute rogue police elements
through a special court that will provide the public fair, impartial and speedy
disposition of complaints for violations of constitutional rights and PNP
operational procedures and code of ethical standards committed by the
members of the Philippine National Police free from the “kabaro system.”

Sec. 3. Establishment of Police Law Enforcement Court ("Police
Court") and Appellate Police Law Enforcement Court (“Appellate Police
Court”). - The Supreme Court shall create a special court designated as the
Police Law Enforcement Court (“Police Court’), among existing Regional Trial

Courts which shall handle all civil and criminal cases involving the abuse of

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authority whether in or off duty of the members of the Philippine National
Police including civil and criminal cases arising out of the violation of a
member of the Philippine National Police of its PNP operational procedures
and other police protocols designed to protect the rights of the accused.

‘The Supreme Court shall likewise designate an Appellate Police Court
from among the divisions of the Court of Appeals that shall handle all appeals
coming from the Police Courts and appeals over the decision/resolution of the
National Police Commission in administrative cases.

Sec. 4. Qualification and Training of Judges for the Police Law
Enforcement Courts. - Sec. 15 of Batas Pambansa Big. 129, as amended, is
hereby further amended to read as follows:

“Sec. 15. (a) Qualification. - No person shall be appointed a

Regional Trial Judge or a Presiding Family Court OR A POLICE LAW

ENFORCEMENT COURT JUDGE, unless he is a natural-born citizen of

the Philippines, at least thirty-five (35) years of age, and, for at least ten

(10) years, has been engaged in the practice of law in the Philippines or

has held a public office in the Philippines requiring the admission to

the practice of law as an indispensable requisite.
(b) Training of Family Court Judges. x0
(c) TRAINING OF POLICE LAW ENFORCEMENT COURT

(“POLICE COURT”) JUDGES. - THE SUPREME COURT SHALL

PROVIDE A PERIODIC AND CONTINUING PROGRAM FOR THE

PRESIDING JUDGE AND THE COURT PERSONNEL OF THE POLICE

COURTS ON POLICE PROTOCOLS, TACTICS AND RULES OF

ENGAGEMENT AND PNP OPERATIONAL PROCEDURES INCLUDING


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PHILIPPINE AND INTERNATIONAL HUMAN RIGHTS LAWS TO

CAPACITATE THE POLICE COURT TO UPHOLD THE DUTY OF THE

STATE TO PROMOTE PEACE AND ORDER THROUGHOUT THE

COUNTRY WHILE PROTECTING THE CONSTITUTIONAL RIGHTS OF

‘THE CITIZENS.”

Sec. 5. Jurisdiction of Police Law Enforcement Courts (“Police
Courts"). - The Police Courts shall have exclusive original jurisdiction to hear
and decide the following cases:

1) All civil and criminal cases, including the revised penal code and
special penal laws whether in or off duty filed against the members of the
Philippine National Police;

2) All civil and criminal cases including the revised penal code and
special penal laws arising out of the violation of a member of the Philippine
National Police of its rules of PNP Operational Procedure, rules of engagement
and other police protocols;

3) All complaints for violation of constitutional rights where one of the
accused is
a member of the Philippine National Police;

3) Issuance of writ of habeas corpus where there is evidence that the
victim is held under the custody of any of the members of the Philippine
National Police.

Sec. 6. Prosecutors to the Police Courts. - The Department of Justice
shall assign Prosecutors to prosecute cases within the jurisdiction of the

Police Courts. It shall provide for a mechanism to ensure the speedy


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resolution of preliminary investigations, within 30 days from the receipt of the
complaint.

Sec. 7. Assistance of Public Attorneys. - The Public Attorney’s Office
shall represent members of the Philippine National Police charged with
violations cognizable before the police courts for acts directly connected to
performance of their lawful duties as police officers, without need of evidence
of indigency.

PNP shall ensure adequate legal representation of its force by forging
agreements for free legal service with the integrated bar of the Philippines and
other reputable law organizations.

Sec.8. Notice on Transfer/Re-assignment of Police Personnel. - In
order to ensure continuous prosecution and trial of the case, upon filing of a
civil or criminal case before a prosecutor for preliminary investigation or the
Police Court for trial, the Chief of the PNP and the NAPOLCOM shall be
informed in writing of a case filed against any member of the Philippine
National Police.

The PNP shall seek approval from the appropriate prosecutor or the
Police Court to which the case is assigned of any transfer/reassignment of the
accused police personnel subsequent to the filing of the complaint. The PNP
shall ensure the attendance of its accused personnel in all hearings before the
prosecutor and the Police Court.

Sec. 9. Jurisdiction of the Appellate Police Law Enforcement
Courts (“Appellate Police Courts”). - Appellate Police Courts shall have
exclusive appellate jurisdiction to hear appeals over the following cases:

1)Decisions/ Resolutions of the Police Courts;


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2)Decisions/Resolutions of the National Police Commission in
administrative cases over uniformed members of the Philippine National
Police;

3)Decisions/Resolutions of the of Civil Service Commission in
administrative cases over non-uniformed employees of the Philippine National
Police.

Sec. 10. Appeals. - Decisions and orders of the Police Courts shall be
appealed in the same manner and subject to the same conditions as appeals
from the ordinary Regional Trial Courts.

Sec. 11. Special Rules of Procedure. - The Supreme Court shall
promulgate special rules of procedure for the transfer of cases to the new
courts during the transition period and for the disposition of police cases with
the aim of providing the public fair, impartial and speedy disposition of
complaints.

Sec. 12. Use of Income.- The Supreme Court shall be allowed to use
ten percent (10%) of the income derived from filing and other court fees under
Rule 141 of the Rules of Court for research and other operating expenses
including capital outlay.

Sec. 13. Appropriations. - The amount necessary to carry out the
provisions of this Act, including the creation of new courts as may be
determined by the Supreme Court whenever the need for more Police Court
and Appellate Police Courts so warrant, shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.

Sec. 14. Transitory Provision. - Pending the issuance of

implementing rules and regulations, the Supreme Court shall designate from


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among existing branches of the Regional Trial Court at least one Police Court
in each judicial region

Sec. 15. Repealing Clause. - All laws, decrees, orders, rules and
regulations or other issuances or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly

Sec. 16. Separability Clause. - |{ any portion or provision of this Act

is declared unconstitutional, the remainder of thi:

Act or any provision not

affected thereby shall remain in force and effect.
Sec. 17. Effectivity. - This Act shall take effect alter fifteen (15) days
following the completion of its publication either in the Official Gazette or in a

newspaper of general circulation in the Philippines

Adopted

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