REPRE,

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

ese

HOUSE OF REPRESENTATIVES

H.B.No.___ 4914

Introduced by Rep. Vilma Santos-Recto
6th District of Batangas

AN ACT
TO ENSURE THE SECURITY OF MEMBERS, OFFICIALS, EMPLOYEES AND
GUESTS OF CONGRESS AND THE SAFETY OF CONGRESSIONAL PREMISES,
CREATING FOR THE PURPOSE THE CONGRESSIONAL POLICE FORCE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Congress has traditionally relied upon law enforcement agencies like the Armed
Forces of the Philippines and the Philippine National Police to complement the Offices of
Sergeant-at-Arms of the House of Representatives and the Senate in ensuring the security of
Members and Officials of Congress as well as the safety of congressional premises. In more
than one occasion, Congress has had to rely on the military and police officers to perform
functions essential to legislation, such as serving subpoenas, contempt orders, and warrants
of arrest. Such dependence on the executive agencies, while legally sanctioned, nonetheless
impairs the independence of the Legislature and its capacity to establish its own security and
operational protocols within its own premises.

This bill seeks to create a Congressional Police Force mandated to maintain peace and
order, safety and security in Congress, and to perform tasks essential for Congress to carry
out its legislative mandates. As the primary law enforcement agency concerned with the
security of Congress, the Congressional Police shall be mandated to safeguard Members and
Officials of Congress and members of their respective immediate families, as well as the
‘employees and guests on congressional premises. As an agent of Congress, the Congressional
Police is empowered to assist Members and Officials of Congress in the performance of their

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constitutional duties, such as serving subpoenas and warrants, effecting arrests within

congressional premises, and facilitating the processing of firearms licenses and permits.

Ultimately, this bill intends to protect a comerstone of Philippine democracy ~ a safe,
independent, open and functioning legislature.

In view of the foregoing, approval of this bill is

‘VILMA SANTOS-RECTO.


wo ervrane one

EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
H.B.N 4914

Introduced by Rep. Vilma Santos-Recto
6th District of Batangas

AN ACT

TO ENSURE THE SECURITY OF MEMBERS, OFFICIALS, EMPLOYEES AND
GUESTS OF CONGRESS AND THE SAFETY OF CONGRESSIONAL PREMISES,
CREATING FOR THE PURPOSE THE CONGRESSIONAL POLICE FORCE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1. Short Title. — This Act shall be known as the “Congressional Police Force
Act.”

Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to ensure
that government agencies and instrumentalities perform their respective constitutional and
legal mandate in a safe, secure and open environment. Towards this end, a law enforcement
organization under the direct control and supervision of Congress shall be organized to ensure
the effective and unimpeded performance of the Legislature of its constitutionally-enshrined
duty to the Filipino People.

Sec. 3. Definition of Terms. — For the purpose of this Act:

a) Congress shall refer to the bicameral legislative body comprised of the House of
Representatives and the Senate;

b) Congressional Premises shall refer to any land, office, building or facility acquired
through lease, donation, purchase, inter-government transfer, or otherwise, for the use of the
House of Representatives and the Senate;

©) Legislative Employees shall refer to the following: permanent, contractual and casual
employees of the Secretariat of the House of Representatives or the Senate, co-terminus staff
of incumbent district and party-list representatives or senators, and consultants with valid


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contract of service with any office, bureau or service under the House of Representatives or the
Senate;

d) Members of Congress shall refer to duly-elected representatives of legislative
districts and party-lists, and senators; and

¢) Officials of Congress shall refer to the following: the Speaker of the House of
Representatives, Deputy Speakers of the House of Representatives, Majority Leader of the
House of Representatives, Minority Leader of the House of Representatives, Secretary-General
of the House of Representatives, Sergeant-at-Arms of the House of Representatives, President
of the Senate, President Pro Tempore of the Senate, Majority Leader of the Senate, Minority
Leader of the of the Senate, Secretary of the Senate and Sergeant-at-Arms of the Senate, or any
other official elected by a majority of Members of the House of Representatives or the Senate;

Sec. 4. Congressional Police Force. - The Congressional Police Force is hereby
created for the purpose of effectively discharging the functions provided in this Act and shall
be composed of the Congressional Police Board and the Congressional Police. For the purpose
of administration and appropriation, the Congressional Police Force shall be created as an
attached agency to the Congress of the Philippines.

Sec. 5. Congressional Police Board. - The Congressional Police Board, hereinafter
referred to as the Board, is hereby created as an agency mandated to exercise administrative
control and operational supervision over the Congressional Police. The Board shall be a
collegial body composed of three regular commissioners composed of the Sergeant-at-Arms of
the House of Representatives, Sergeant-at-Arms of the Senate, and the Chief of the
Congressional Police.

Sec. 6. Powers and Functions of the Board. ~ The Board shall exercise the following

powers and functions:

a) Exercise administrative control over the Congressional Police;

b) Advise the Speaker of the House of Representatives and the President of the Senate
on all matters involving the security of Members and Officials of Congress and the safety of
congressional premises and legislative employees;

) Foster and develop policies and promulgate rules and regulations, standards and
procedures to improve the capacity of the Congressional Police to perform its duties and
functions;

4) Prepare a congressional police manual prescribing rules and regulations for efficient
organization, administration, and operation, including personnel recruitment, selection,
promotion, separation and retirement;


©) Approve or modify plans and programs on education and training, logistical
requirements, communications, records, information systems, and other matters pertinent to the
operations of the Congressional Police:

f) Resolve any complaint filed against officials and members of the Congressional
Police, including the determination and imposition of appropriate punishment and penalties;

g) Prescribe minimum standards for arms, equipment, and uniforms and, after
consultation with the National Historical Commission of the Philippines (NHCP), for insignia
of ranks, awards and medals of honor;

h) Issue subpoena and subpoena duces tecum on matters pertaining to the
administration of the Congressional Police; and

i) Perform such other duties and exercise all other functions as may be provided by law
or assigned by the Speaker of the House of Representatives or the President of the Senate.

Sec. 7. Summary Dismissal Powers of the Congressional Police Board and the Chief of
the Congressional Police. — The Board and the Chief of the Congressional Police, after due
notice and summary hearings, may immediately remove or dismiss any respondent
Congressional Police 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

©) When the respondent is guilty of a serious offense involving conduct unbecoming of
a Congressional Police officer.

Any commissioned or non-commissioned officer of the Congressional Police who shall
be absent without official leave (AWOL) for a continuous period of thirty (30) days or more
may be dismissed immediately from the service. The activities and whereabouts of the erring
congressional police officer during the period shall be investigated and, if warranted,
prosecuted accordingly.

Sec. 8. Congressional Police. ~ ‘The Congressional Police is hereby created as a law
enforcement organization dedicated to secure Members and Officials of Congress and
members of their respective families, legislative employees and guests, to ensure safety of
congressional premises, and to sustain the unimpeded performance of the Legislature of its
constitutional mandate. The Congressional Police shall be initially comprised of employees
under the Office of Sergeant-at-Arms of the House of Representatives and the Senate engaged
in the implementation of security rules, regulations and protocols of Congress, protection of
Members and Officials of Congress, maintenance of peace, order, and safety within

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congressional premises, procurement of logistics and other supplies, execution or serving of
summons, warrants or subpoena, and other similar duties and functions. Thereafter,
commissioned and non-commissioned officers of the Congressional Police shall be recruited in
accordance with the provisions of this Act.

Sec. 9. Duties and Functions. ~ The Congressional Police shall exercise the following
duties and functions:

a) Protect the person of any Member or Official of Congress, or any member of their
immediate family, in any location within the Philippines, upon the determination of the Board
that such protection is necessary;

b) Ensure the safety of legislative employees and guests within congressional facilities;

) Protect congressional offices, buildings and grounds and other facilities owned or
used by Congress;

d) Enforce all laws and ordinances relative to the protection of lives and properties
within congressional premises;

) Maintain peace and order and take all necessary steps to ensure public safety within
congressional premises;

f) Effect the arrest, with or without warrant, for any offense against the Republic of the
Philippines committed in their presence, or for any felony as cognizable under the Philippine
laws committed or being committed within congressional premises;

2) Serve warrants and subpoenas that may be issued by or upon order of the House of
Representatives or the Senate;

h) Coordinate with other law enforcement agencies in providing physical security for
Members and Officials of Congress outside congressional premises and in collecting and
sharing intelligence pertinent in ensuring the security of congressional premises and the safety
of Members and Officials of Congress and the members of their immediate family;

i) Procure and maintain firearms, ammunitions and other equipment and fa
necessary for the performance of its duties and functions;

j) Facilitate the application and issuance of License to Own and Possess Firearms
(LTOPF) or Permit to Carry Firearms Outside Residence (PTCFOR) to Members and Officials
of Congress, members of the Congressional Police, and qualified legislative employees; and

k) Perform such other duties and exercise all other functions as may be provided by law
or assigned by the Board.


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Sec. 10. Organization. ~ The Congressional Police shall be headed by a Chief who
shall be assisted by two (2) deputy chiefs. The Chief and Deputy Chiefs of the Congressional
Police shall be appointed jointly by the Speaker of the House and the President of the Senate.

Sec. 11. Powers and Functions of the Chief of the Congressional Police. — The
command and direction of the Congressional Police shall be vested in the Chief of the
Congressional Police who shall have the power to direct and control tactical as well as strategic
movements, deployment, placement, utilization of the Congressional Police or any of its units
and personnel, including its equipment, facilities and other resources.

Sec. 12. Rank Classification. ~ For purposes of efficient administration, supervision
and control, the rank classification of the members of the Congressional Police shall be as
follows:

Congressional Police Major General

Congressional Police Brigadier General

Congressional Police Colonel

Congressional Police Lieutenant Colonel

Congressional Police Major

Congressional Police Captain

Congressional Police Lieutenant

Congressional Police Executive Master Sergeant

Congressional Police Chief Master Sergeant.

Congressional Police Senior Master Sergeant

Congressional Police Master Sergeant

Congressional Police Staff Sergeant

Congressional Police Corporal

Congressional Patrolman/Patrolwoman

Sec. 13. Qualifications. — No person shall be appointed as officer or member of the
Congressional Police unless the prospective congressional police officer possesses the
following minimum qualifications:

a) A citizen of the Philippines;
b) A person of good moral conduct;
©) Must have passed the psychiatric/psychological, drug and physical tests to be

32 conducted by any government hospital for the purpose of determining physical and mental
33. health;


d) Must possess a formal baccalaureate degree from a recognized institution of
learning;

©) Must be eligible in accordance with the standards set by the Commission;

f) Must not have been dishonorably discharged from military employment or
dismissed for cause from any civilian position in the Government;

2) Must not have been convicted by final judgment of an offense or crime involving
moral turpitude;

h) Must be eligible in accordance with the standards set by the Board; and

i) For anew applicant, must not be less than twenty-one (21) nor more than thirty (30)
years of age:
Provided, That with the exception of the last qualification, the above-enumerated qualifications
shall be continuing in character and an absence of any one of them at any given time shall be a
ground for separation or retirement from the service.

Sec. 14. Training Program. — All uniformed members of the Congressional Police shall
undergo a training program involving actual experience in patrol operations, executive
protection and physical defense, emergency medical response, firearms and marksmanship,
intelligence gathering and investigation, search and seizure, disaster and crisis response, and
other relevant skills and proficiencies as a requirement for permanency of their appointment.
Commissioned and non-commissioned officers of the Congressional Police shall undergo
training and education in the Philippine Public Safety College or any equivalent training
institutions to be selected by the Board.

Sec. 15. Salaries and Benefits. — The uniformed personnel and civilian employees of

the Congressional Police shall receive salaries, benefits, and allowances authorized for their
respective positions pursuant to existing laws, rules and regulations.

Sec. 16. Uniformed Personnel Promotion. - Any commissioned or non-commissioned
officer of the Congressional Police shall be eligible for promotion upon the satisfaction of all
requirements for promotion prescribed by the Board: Provided, That special or meritorious
promotion may be extended, upon validation of the Board, to any commissioned or non-
commissioned officer of the Congressional Police for actions demonstrating a deed of personal
bravery, courage, gallantry, or self-sacrifice above and beyond the call of duty.

Sec. 17. Death and Disability Benefits. - Commissioned or non-commissioned officers
of the Congressional Police and/or their legal beneficiaries shall be entitled to all benefits
relative to the death or permanent incapacity suffered in the performance of their duty as
provided for under this Act and other existing laws.

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A commissioned or non-commissioned officer of the Congressional Police who is
permanently and totally disabled as a result of injuries suffered or sickness contracted in the
performance of the officer’s duty shall, upon finding and certification by the appropriate
medical officer that the extent of the disability or sickness renders such congressional police
officer is unfit or unable to further perform the duties of the said officer’s position as duly
certified by the Board, be entitled to one year's salary and to lifetime pension equivalent to
eighty percent (80%) of the officer’s last salary, in addition to other benefits as provided under
existing laws.

Should such congressional police officer who has been retired under permanent total
disability under this section dies within five (5) years from the officer's retirement, the
officer’s surviving legal spouse or, if there be none, the surviving dependent legitimate
children shall be entitled to the pension for the remainder of the five (5) years guaranteed
period.

Sec. 18. Compulsory Retirement. — Compulsory retirement shall be upon the attainment
of age fifty-six (56) years for commissioned and non-commissioned officers of the

Congressional Police.

Sec. 19. Optional Retirement. — A commissioned and non-commissioned officer of the
Congressional Police shall, at the officer’s own request and with the approval of the
Commission, be retired from the service and entitled to receive benefits provided for by law:
Provided, That the commissioned and non-commissioned officer concerned must accumulate
at least twenty (20) years of satisfactory active service prior to the application for optional
retirement.

Sec. 20. Retirement in the Next Higher Rank. — Commissioned and non-commissioned
officers of the Congressional Police shall, for the purpose of retirement pay, be retired in one
(1) rank higher than the permanent rank last held: Provided, That they have served for at least
cone (1) year of active service in the permanent rank.

Sec. 21. Retirement Benefits. ~ Monthly retirement pay shall be fifty percent (50%) of
the base pay and longevity pay of the retired rank in case of twenty (20) years of active service,
increasing by two and one-half percent (2.5%) for every year of active service rendered beyond
twenty (20) years to a maximum of ninety percent (90%) for thirty-six (36) years of active
service and over: Provided, That, the commissioned and non-commissioned officers of the
Congressional Police shall have the option to receive in advance and in lump sum their
respective retirement pay for the first five (5) years: Provided, further, That payment of the
retirement benefits in lump sum shall be made within one (1) month from effectivity date of

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retirement and/or completion: Provided, finally, That retirement pay of the commissioned and
non-commissioned officers of the Congressional Police shall be subject to adjustments based
on the prevailing scale of base pay of police personnel in the active service.

Sec. 22. Uniformed Personnel Pension Fund. — A Uniformed Personnel (U/P)
Insurance Fund, hereinafter referred to as U/P Insurance Fund, shall be created to manage and
finance the pension requirements of the uniformed personnel of the Congressional Police.

‘The Government Service Insurance System (GSIS) shall be responsible for the
administration of the U/P Insurance Fund and the implementation of the pertinent provisions of
this Act: Provided, That the U/P Insurance Fund shall be administered and reported separately
from the GSIS Social Insurance Fund provided under Section 34 of Republic Act No. 8291,
otherwise known as “The Government Service Insurance System Act of 1997.”

The U/P Insurance Fund shall not be used for purposes other than those provided for
under this Act. No portion of the U/P Insurance Fund or income thereof shall accrue to the
General Fund of the national government and its political subdivisions, instrumentalities and
other agencies including government-owned and controlled corporations except as may be
allowed under this Act.

Sec. 23. Insurance Fund Generation. ~ Congress shall, on a monthly basis, contribute
to the U/P Insurance Fund an amount equivalent to fifteen percent (15%) of the monthly base
pay of their uniformed personnel of the Congressional Police. Uniformed personnel of the
Congressional Police shall, on a monthly basis, contribute to the U/P Insurance Fund an
amount equivalent to six percent (6%) of their respective monthly base pay.

The manner of collection and remittance of contributions to the U/P Insurance Fund
shall be in accordance with the relevant provisions of Republic Act No. 8291, otherwise
known as “The Government Service Insurance System Act of 1997.”

‘Sec. 24. Insurance Fund Investments. — The portions of the U/P Insurance Fund which
are not needed to meet any current obligation may be invested in accordance with Section 36
of Republic Act No. 8291, otherwise known as “The Government Service Insurance System
Act of 1997.”

Sec. 25. Grant of Additional Retirement and Separation Benefits. - GSIS may, upon
determination of actuarial soundness, provide better pension benefits to qualified uniformed
personnel retirees covered by the U/P Insurance Fund.

Sec. 26. Insurance Fund Exemptions from Tax, Legal Process and Lien. — Any
provision of the law to the contrary notwithstanding, all contributions for the U/P Insurance
Fund and all accruals thereto and income or investment earnings therefrom shall be exempt

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from any tax, assessment, fee, charge, or customs or import duty in accordance with Section 39
of Republic Act No. 8291, otherwise known as “The Government Service Insurance System
Act of 1997.”

Sec. 27. Insurance Fund Guarantee. - The government of the Republic of the
Philippines hereby guarantees the fulfillment of the obligations of the GSIS to uniformed
personnel of the Congressional Police covered by the U/P Insurance Fund as and when they
fall due.

Sec. 28. Cost of U/P Insurance Fund Administration, — The U/P Insurance Fund shall
bear the costs of its administration and development, in such amounts and for limits as the
GSIS Board of Trustees may deem appropriate, but not exceeding ten percent (10%) of the
annual revenues from all sources: Provided, That the President of the Philippines may, on the
basis of actuarial and management studies, increase allotment for the administrative and
operational expenses for the U/P Insurance Fund.

Sec. 29. Insurance Fund Audit. ~ The audit of the U/P Insurance Fund shall be
conducted in accordance with Section 22 of Republic Act No. 8291, otherwise known as “The
Government Service Insurance System Act of 1997.”

Sec. 30. Retirement and Separation of Non-Uniformed Personnel Employees of the
Congressional Police. ~ The retirement and separation of non-uniformed personnel of the
Congressional Police shall be in accordance with existing civil service laws, rules and
regulations.

Sec. 31. Rationalization of Retirement and Separation Benefits. — The Board shall
formulate a rationalized retirement and separation benefits schedule and program within one
(1) year from the effectivity of this Act for approval by Congress: Provided, That the approved
schedule and program shall have retroactive effect in favor of commissioned and non-
commissioned officers of the Congressional Police retired or separated from the time specified
in the law, unless the retirement or separation is for cause and the decision denies the grant of
benefits.

Sec. 32. Assistance of Agencies under the Executive Department. - Upon the request of
the Board, government agencies and instrumentalities under the Executive Department may
extend assistance to the Congressional Police in the performance of its duties and functions by

providing services (including personnel), equipment, and facilities on a temporary or
permanent basis.
See. 33. Organizational Structure and Staffing Pattern. — Subject to the approval of the

Department of Budget and Management (DBM), the Board and the Congressional Police shall

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determine its organizational structure and create new bureaus, divisions or units as it may deem
necessary, and shall appoint officers and personnel in accordance with existing laws, rules, and
regulations.

Sec. 34. Transition Period. — The transfer of the pertinent functions, assets, funds,
equipment, properties, records, transactions, and personnel, and the formulation of the internal
organic structure, staffing pattern, operating system, and budget for the Congressional Police,
shall be completed within six (6) months from the effectivity of this Act, during which time,
the existing personnel shall continue to assume their posts in holdover capacities until new
appointments are issued: Provided, That the Board, in coordination with the DBM, shall
determine and create new positions and its corresponding funding requirements: Provided,
‘further, That any permanent or regular employee transferred to the Congressional Police shall
not suffer any reduction, diminution or withdrawal of salaries and benefits already enjoyed by
the employee concerned.

Sec. 35. Appropriations. - The amount necessary for the implementation of the
provisions of this Act shall be included in the annual General Appropriations Act following its
enactment into law.

Sec. 36. Implementing Rules and Regulations. ~The House of Representatives and the
Senate, in consultation with the Civil Service Commission, DBM and GSIS, shall jointly
promulgate the necessary implementing rules and regulations within thirty (30) days upon the
effectivity of this Act.

Sec. 37. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with any of the provisions of this Act are hereby repealed, amended or
modified accordingly.

Sec. 38. Separability Clause. - If, for any reason, any provision of this Act or any part
thereof shall be held unconstitutional and invalid, the other parts or provisions of this Act,
which are not affected thereby, shall remain in full force and effect.

Sec. 39. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,

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