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SEVENTEENTH CONGRESS OF THE ) GATE: ia 2016
REPUBLIC OF THE PHILIPPINES ) TIME OS Gun

First Regular Session ) BY: os Me

HOUSE OF REPRESENTATIVES —RE2"S7R (TION Lint
H.No. 8115 BILLS AND n!f X SERVICE

Introduced by Representative Raul C. Tupas

EXPLANATORY NOTE

AN ACT AMENDING REPUBLIC ACT NO. 6963, ENTITLED “AN ACT GRANTING
SPECIAL FINANCIAL ASSISTANCE AND BENEFITS TO THE FAMILY OR
BENEFICIARY OF ANY POLICE OR MILITARY PERSONNEL OR FIREMAN
KILLED OR PERMANENTLY INCAPACITATED WHILE IN THE PERFORMANCE
OF HIS DUTY OR BY REASON OF HIS OFFICE OR POSITION AND FOR OTHER
PURPOSES"

The passage of Republic Act Number 6975, otherwise known as “An Act.
Establishing the Philippine National Police (PNP) Under a Reorganized Department
of the Interior and Local Government and for Other Purposes,” has introduced
significant changes in the organization of the country's police force.

Before the passage of the said law, control and supervision over the
country’s police force, firemen and jail guards was exercised by the Armed Forces of
the Philippines (AFP). Under R.A No. 6975, the Department of the Interior and Local
Government (DILG) is given the power of supervision and control over the Bureau of
Fire Protection (BFP) and the Bureau of Jail Management Penology (BUMP), while
the National Police Commission (NAPOLCOM) exercises administrative control and
supervision over the PNP. Meanwhile, the power to supervise the affairs of the AFP.
remains with the Department of National Defense (DND).

In view of the meaningful reforms brought about by the implementation of R.A
No. 6975, it has become imperative for the Congress of the Philippines to likewise
introduce corresponding amendments to existing laws affecting the country's police
organization. One of these laws is R.A No. 6963 otherwise known as “An Act
Granting Special Financial Assistance and Benefits to the Family or Beneficiary of
Any Police or Military Personnel or Firemen Killed or Permanently Incapacitated
While in the Performance of His Duty or by Reason of His Office or Position, and for
Other Purposes” which seeks to grant financial assistance to members of the
military and police as well as firemen killed or permanently incapacitated in the line
of duty.

The present bill expanded the coverage of the special financial assistance
and benefits of R.A. No. 6963 to include personnel of the Philippine Coast Guard



(PCG). The PCG is established as an armed and uniformed service attached to the
Department of Transportation and Communications (DOTC). However, in times of
war, as declared by Congress, the PCG or parts thereof, shall be attached to the
DND.

With respect to the funding of the educational program, the allocation of
funds from the license fees of firearms collected by the PNP Firearms and
Explosives Office (FEO) will be used solely for the benefits of the PNP.

The AFP, BFP, BUMP, and PCG shall be allowed to fund their respective
educational programs based on the savings that they will generate,

This proposed measure intends to amend the provisions of R.A No. 6963 to
reflect the development brought about by the passage of RA No. 6975. The
important features of this measure are the following:

a The special financial assistance and benefits provided under R.A. No, 6963
shall be extended to cover personnel of the PCG;

b, The proceeds of the firearms license fees being collected by the PNP FEO,
which is the source of educational funds under R.A No. 6963 shall be allocated
solely for the use of the qualified dependents of the PNP;

c. The AFP, BFP, BJMP, and PCG shall be allowed to fund their respective
educational programs based on the savings that they will generate;

d, Scholarship will be extended to at most three (3) children of the deceased or
permanently incapacitated police, military, fire, jail, and coast guard personnel

It is high time that we provide the much-needed boost to our uniformed
personnel by showing our concern amidst the challenging role they play in our
present society. One way of showing our concern is by giving support to the
educational benefits of qualified dependents of police, military, fire, jail, and coast
guard personnel. Certainly, this will help alleviate the economic condition of our
personnel and their dependents.

For this reason, the immediate approval of this measure is earnestly sought.

RAUL arene


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

HOUSE OF REP! ATIVES
ini, tS

Introduced by Representative Raul C. Tupas

AN ACT AMENDING REPUBLIC ACT NO. 6963, ENTITLED “AN ACT GRANTING
SPECIAL FINANCIAL ASSISTANCE AND BENEFITS TO THE FAMILY OR
BENEFICIARY OF ANY POLICE OR MILITARY PERSONNEL OR FIREMAN
KILLED OR PERMANENTLY INCAPACITATED WHILE IN THE PERFORMANCE
OF HIS DUTY OR BY REASON OF HIS OFFICE OR POSITION AND FOR OTHER
PURPOSES”

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

SECTION 1. Section 1 of Republic Act No. 6963 is hereby amended to read as
follows:

“Sec. 1. The family or beneficiary of any PERSONNEL OF
THE PHILIPPINE NATIONAL POLICE (PNP), ARMED FORCES OF
THE PHILIPPINES (AFP), BUREAU OF FIRE PROTECTION (BFP),
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AND
PHILIPPINE COAST GUARD (PCG) [police or military personnel,
including any fireman assisting in a police or military action], who is
killed or become permanently incapacitated while in the LINE OF
DUTY [performance of his duty] or by reason of his office or position,
provided he/SHE has not committed any crime or human rights
violation by final judgement on such occasion, shall be entitled to the
special financial assistance provided for in this Act in addition to
whatever compensation, donation, insurance, gift, pension, grant, or
any form of benefit which said deceased or permanently incapacitated
person or his/HER family may receive or be entitled to.”

SECTION 2. Section 2 of Republic Act No. 6963 is hereby amended to read as
follows:

“Sec. 2. DEFINITION OF TERMS.
a. “PERSONNEL” - AS USED IN THIS ACT SHALL REFER TO THE

UNIFORMED PERSONNEL OF THE PNP, AFP, BFP, BUMP, OR
PCG;


b. The term “family” OR “BENEFICIARY” [as used in this Act] shall refer
to the surviving legal spouse and his/HER legitimate children, or
parents, or brothers and sister, or aunts and uncles, in that respective
order: Provided That, if the PNP, AFP, BFP, BUMP, OR PCG [police or
military ] personnel for fireman] is ESPOUSING a MUSLIM [Muslim]
FAITH the pertinent provision of the Code of Muslim Personal Laws
(Shari’ a) shall apply; and

c. KILLED OR BECOME PERMANENTLY INCAPACITATED WHILE IN

THE LINE OF DUTY - AS USED IN REFERENCE TO THE DEATH
OR INJURY SUFFERED BY ANY MEMBER OF THE PNP, AFP, BFP,
BJMP, OR PCG, THE PHRASE “IN THE LINE OF DUTY” SHALL BE
CONSTRUED TO MEAN THAT THE DEATH OR INJURY WAS.
CAUSED WHILE IN THE PERFORMANCE OF ANY POLICE,
MILITARY, FIRE, JAIL OR COAST GUARD DUTY, AS THE CASE
MAY BE, OR OCCASIONED BY A FORTUITOUS EVENT, FORCE
MAJEURE, OR ANY OTHER ACT OF A THIRD PARTY WITHOUT
FAULT OR NEGLIGENCE ATTRIBUTABLE TO THE PERSONNEL
CONCERNED, PROVIDED, THAT, WHERE THE DEATH OR INJURY
WAS DUE TO HIS/HER OWN ACT, THE LATTER MUST BE
LAWFUL AND SUCH DEATH OR INJURY MUST NOT BE SELF-
INFLICTED OR ABETTED BY HIS/HER GROSS NEGLIGENCE,
ALCOHOLISM, DRUG ADDICTION, OR ABUSE OF AUTHORITY.
PROVIDED, FURTHER, THAT THE PHRASE “LINE OF DUTY"
SHALL INCLUDE GOING TO AND COMING FROM HIS/HER
OFFICE OR WHILE ON LEAVE OR ON ADMINISTRATIVE MISSION.
PROVIDED, FINALLY, THAT ANY DOUBT AS TO WHETHER OR
NOT THE DEATH OR INJURY SUSTAINED BY ANY PNP, AFP, BFP,
BJMP, PCG PERSONNEL IS IN THE LINE OF DUTY OR BY
REASON OF HIS/HER OFFICE OR POSITION SHALL BE DECIDED
IN HIS/HER FAVOR.”

SECTION 3. Section 3 of Republic Act No. 6963 is hereby amended to read as
follows:

“Sec. 3. The special financial assistance referred to in Section
on hereof shall be that which is equivalent to the average six (6)
months salary, including allowances and bonuses, during the last
twelve (12) months preceding the death or permanent incapacity of the
PERSONNEL [officer] which shall not be considered as part of the
estate of the deceased and which shall be exempt from attachment,
garnishment or execution and from income and other taxes.”

SECTION 4. Section 4 of Republic Act No. 6963 is hereby amended to read as
follows:


a “Sec. 4. It shall be the duty of the cashier from whom the
2 deceased PERSONNEL OF THE POLICE, MILITARY, FIRE, JAIL. OR
3 COAST GUARD UNIT [or permanently incapacitated police or military
4 personnel of fireman] used to receive his/HER salary, within three (3)
5 days from receipt of a written certification from the station or unit
6 commander of the fact of death and the circumstances thereof, to
7 deliver to the beneficiaries such special financial assistance as stated
8 in Section Three hereof. In case of permanent disability, a certification
9 by the proper medical officer designated by the Chief of Staff of the

10 AFP, CHIEF OF THE PNP, DIRECTOR OF THE BFP, DIRECTOR OF
n THE BJMP, OR COMMANDANT OF THE PCG [Armed Forces of the
2 Philippines or the Director General of the Integrated National Police]
1B as the case may be, is necessary or the payment of the aforesaid
4 special financial assistance. After said payment, a report with the
15 formal certificate of death or permanent incapacity shall be submitted
16 to the CHIEF OF STAFF OF THE AFP, OR CHIEF PNP, OR THE
7 DIRECTOR OF THE BFP, OR THE DIRECTOR OF THE BUMP, OR
18 COMMANDANT OF THE PCG [Secretary of National Defense or the
19 Director General of the Integrated National Police].”

20

21 SECTION 5. Section 5 of Republic Act No. 6963 is hereby amended to read as
22 follows:

24 “Sec, 5. In order to assure the payment of the special financial
25 assistance referred to in this Act, without any need of any
26 appropriation act or ordinance, the payment shall come from the
27 expected salary, allowances and bonuses of the deceased or
28 permanently incapacitated POLICE, MILITARY, FIRE, JAIL, OR
29 COAST GUARD PERSONNEL [police or military personnel or fireman]
30 for the next six (6) months after his/her death or permanent incapacity:
31 Provided That, the position left vacant by the deceased or
32 permanently incapacitated POLICE, MILITARY, FIRE, JAIL, OR
33 COAST GUARD PERSONNEL [police or military personnel or fireman]
34 on account of his/her death incapacity shall not be filled during that
35 period of six (6) months: Provided, further, That if the public welfare
36 and interest so demand, as determined by the CHIEF OF THE PNP,
37 IN THE CASE OF POLICE PERSONNEL; OR THE CHIEF OF STAFF
38 OF THE AFP, IN CASE OF MILITARY PERSONNEL; OR THE
39 DIRECTOR OF THE BFP, IN THE CASE OF FIRE PERSONNEL; OR
40 THE DIRECTOR OF THE BJMP, IN THE CASE OF JAIL
41 PERSONNEL; OR THE COMMANDANT IN THE CASE OF COAST
a2 GUARD PERSONNEL, [municipal or city mayor or provincial governor,
43 in the case of a police personnel or fireman, or the Secretary of
44 National Defense, in the case of military personnel] the position left
45 vacant by the deceased or permanently incapacitated personnel may
46 be filled without waiting for the expiration of the six months period

47 earlier mentioned, in which case, the funds out of which the special


1 financial assistance already received by the family of the financial
2 assistance already received by the family of the deceased or
3 permanently incapacitated personnel shall be replenished out of the
4 emergency savings of the CONCERNED OFFICE, UPON THE
5 DIRECTION IN WRITING BY THEIR RESPECTIVE CHIEF OR
6 DIRECTOR OR COMMANDANT [municipality, city or province, or the
7 department, upon the direction in writing by the municipal or city mayor
8 or governor of the province, department secretary,] to their respective
9 FINANCE UNIT [treasurers or cashiers. Provided, finally, That, in the

10 event of such emergency, no emergency savings as provided herein
1 exist, the regional commander or the provincial commander, as the
2 case may be, may draw augmentation personnel ‘from any
13 municipality in the province or region to fill up the vacancy until such
4 time that the municipality where the vacancy occurred can fill up such
15 vacancy with regular personnel."

17 SECTION 6. Section 6 of Republic Act No. 6963 is hereby amended to read as
1s follows:

20 “Sec. 6. If any POLICE, MILITARY, FIRE, JAIL OR COAST
21 GUARD PERSONNEL [police or military personnel or fireman] is
22 injured or wounded while in the performance of his/her official duties,
23 the hospitalization expenses of such [police or military] personnel [or
24 fireman] shall be shouldered by the office where he/she belongs,
25 chargeable against the salary savings of such office without the need
26 of any appropriation act or ordinance.”

28 SECTION 7. Section 7 of Republic Act No. 6963 is hereby amended to read as
29 follows:

30

31 “Sec. 7, The surviving spouse of the deceased or permanently
32 incapacitated POLICE, MILITARY, FIRE, JAIL OR COAST GUARD
33 PERSONNEL [police, military, fire or jail personnel] shall be given
34 priority in employment in a government agency or office where HIS/her
35, qualifications are fitted: Provided That if the spouse is already
36 employed or not employable or if HE/she waves HiS/her employment
37 privilege, then an employable son or daughter shall be granted the
38 said privilege.”

40 SECTION 8. Section 8 of Republic Act No. 6963 is hereby amended to read as
41 follows:

43 “Sec. 8. AT MOST, THREE (3) CHILDREN OF THE
44 DECEASED OR PERMANENTLY INCAPACITATED POLICE,
45 MILITARY, FIRE, JAIL, OR COAST GUARD PERSONNEL SHALL BE
46 EXTENDED SCHOLARSHIP IN PUBLIC ELEMENTARY AND HIGH

a7 SCHOOLS AND UP TO COLLEGE IN A STATE COLLEGE OR


UNIVERSITY AS MAY BE DETERMINED BY THEIR RESPECTIVE
OFFICES, SUBJECT TO THE POLICIES ON THE TUITION OF SAID
INSTITUTION; PROVIDED, THAT IF FUNDS ARE NOT SUFFICIENT
TO SUPPORT THE SCHOLARSHIP OF ALL QUALIFIED CHILDREN,
PRIORITY SHALL BE GIVEN TO THE CHILDREN OF THE
DECEASED OR PERMANENTLY INCAPACITATED PERSONNEL
OF THE PNP, AFP, BFP, BJMP, AND PCG THAN THE CHILDREN
OF THEIR ACTIVE UNIFORMED PERSONNEL; PROVIDED,
FINALLY, THAT, IN CASES OF SINGLE AND/OR UNMARRIED
PERSONNEL, THE SCHOLARSHIP SHALL BENEFIT ONLY ONE (1)
BROTHER OR SISTER WHO IS UNMARRIED AND UNEMPLOYED.
[All surviving children of the deceased or permanently incapacitated
police or military personnel or fireman shall be extended scholarship
up to college in a nonexclusive institution, subject to the policies on
tuition of said institution. The scholarship privilege shall be limited to
the National Police Commission or the Department of National
Defense, as the case may be, upon presentation to it of the approved
enrolment or registration form.]”

SECTION 9. Section 9 of Republic Act No. 6963 is hereby amended to read as
follows:

“Sec. 9. THE LICENSE FEES COLLECTED BY THE
FIREARMS AND EXPLOSIVES OFFICE OF THE PHILIPPINE
NATIONAL POLICE SHALL BE USED SOLELY FOR THE
SCHOLARSHIP PROGRAM OF THE PNP; PROVIDED, THAT THE
CHIEF OF THE PNP, MAY UTILIZE PART OR SOME AMOUNT OF
THE SAID FUNDS FOR OTHER NEEDS OF THE PNP; PROVIDED,
FURTHER, THAT THE CHIEF OF THE PNP MAY GENERATE
ADDITIONAL SOURCE FOR THE SCHOLARSHIP PROGRAM
COMING FROM OTHER FEES WHICH THEY ARE AUTHORIZED
TO COLLECT TO FURTHER INCREASE THE FUNDS,

THE SCHOLARSHIP PROGRAMS OF THE AFP, BFP, BUMP,
AND PCG SHALL BE FUNDED BY THE SAVINGS THAT THEY WILL.
BE ABLE TO GENERATE AND SUCH INTEREST INCOME AS MAY
BE EARNED FROM SAID SAVINGS.

THE PNP, AFP, BFP, BJMP, AND PCG MAY GENERATE
ADDITIONAL SOURCES OF FUNDS THAT WILL SUPPORT THEIR
SCHOLARSHIP PROGRAMS: PROVIDED THAT, SAID ADDITIONAL
SOURCES OF FUNDS SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, EXISTING TRUST FUNDS ESTABLISHED FOR THEIR
BENEFIT; OTHER NON-APPROPRIATED FUNDS THEY ARE
LEGALLY AUTHORIZED TO GENERATE; AND SUCH FEES AND
CHARGES THEY MAY BE LEGALLY AUTHORIZED TO COLLECT.
[The amounts necessary to fund the scholarship assistance mentioned


1 above shall be taken from the proceeds of the license fees for firearms
2 collected by the Philippine Constabulary: Provided, that the collection
3 from the said license fees for one year following the approval of this
4 Act shall constitute the initial fund reserve for the purpose of this Act,
5 to be replenished or enhanced by collections in the succeeding
6 years.]"

7

8 SECTION 10. Section 10 of Republic Act No. 6963 is hereby amended to read as
9 follows:

10

a “Sec. 10. The said funds collected from the firearms licensing
R fees shall be MANAGED AND ADMINISTERED BY THE PNP
13 THROUGH A SCHOLARSHIP BOARD COMPOSED OF A
4 CHAIRMAN AND FOUR (4) MEMBERS WHO SHALL BE
15 DESIGNATED BY THE CHIEF OF THE PNP. THE CHIEF OF THE
16 PNP IS AUTHORIZED TO INVEST SO MUCH OF THE FUND FOR
v7 THE PURPOSE OF GENERATING ADDITIONAL REVENUE FOR
18 THE BENEFIT OF THE SCHOLARSHIP PROGRAM,

19

20 AT THE OPTION OF THE CHIEF OF AFP, DIRECTOR OF
aa THE BFP, DIRECTOR OF THE BJMP, AND COMMANDANT OF THE
22 PCG, A SCHOLARSHIP BOARD SIMILAR TO THAT PROVIDED
23 FOR UNDER THIS SECTION MAY BE CREATED FOR THE
24 PURPOSE OF MANAGING AND ADMINISTERING THEIR
25 RESPECTIVE SCHOLARSHIP FUNDS; PROVIDED FINALLY THAT,
26 THE CHIEF OF AFP, DIRECTOR OF THE BFP, DIRECTOR OF THE
27 BJMP, AND COMMANDANT OF THE PCG SHALL ALSO HAVE THE
28 AUTHORITY TO INVEST SO MUCH OF THEIR SCHOLARSHIP
29 FUNDS FOR PURPOSES OF REVENUE-GENERATION.” [turned
30 over to the National Police Commission which shall administer the
31 same for the purpose of this Act in the case of Integrated National
32 Police members and firemen, and the Department of National Defense
33 in the case of military personnel.

35 SECTION 11. Section 11 of Republic Act No. 6963 is hereby amended to read as
36 follows

38 “Sec.11. Nothing in this Act shall be construed to prejudice and
39 diminish whatever benefits a POLICE, MILITARY, FIRE, JAIL, OR
40 COAST GUARD PERSONNEL [member of the military establishment
41 or the Integrated National Police] is entitled to receive under existing
a2 laws.”

44 SECTION 12. The National Police Commission (NAPOLCOM), Armed Forces of the
45 Philippines (AFP), Department of the Interior and Local Government (DILG),
46 Department of National Defense (DND), and Department of Transportation and


Communications (DOTC) shall jointly prepare and issue the necessary rules and
regulations for the effective implementation of this Act.

SECTION 13. Separability Clause. - If any provision of this Act shall be declared
unconstitutional or inoperative, the other provisions not so affected shall remain in
force and effect.

SECTION 14. Repealing Clause. — All laws, degrees, executive orders, rules and
issuances or parts thereof inconsistent with this Act or the rules and regulations
promulgated pursuant thereto are hereby repealed, amended, or modified
accordingly.

SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general circulation.

Approved,