Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3859

Introduced by: REP. MEL SENEN S. SARMIENTO.

EXPLANATORY NOTE

Governors and mayors are granted by law the authority to choose the
provincial directors and chiefs of police who will be their partners in maintaining
public order and safety in their respective localities. Indeed, a good working
relationship between the local chief executive and the head of police is necessary for
the efficient and effective performance of their respective duties.

Because of the manner of appointing the heads of police in a locality, tension
often arises when there is a delay in the submission of the list of candidates to the
concerned local chief executives. This is also true in cases when the incumbent
provincial director or chief of police is relieved of their positions due to official
reasons and the local chief executive was not notified beforehand.

In view of the foregoing, this bill proposes the following measures: (a) the list
of eligible candidates for the positions of provincial director and chief of police will
be submitted to the newly elected or re-elected governor and mayor respectively on
the first day of their assumption of office; (b) the concerned local chief executive
must be notified at least 48 hours before the provincial director or chief of police is
relieved of the position; (c) in replacing the provincial director and chief of police,
list of eligible candidates for the vacated position must be submitted to the local
chief executive within seven days; (d) only once shall an officer-in-charge be
designated to the position of provincial director or chief of police for the entire term
of the concerned local chief executive; (@) failure to comply with the specified time
periods would merit the concerned regional director or provincial director
appropriate sanctions.

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The proposed amendments seek to avoid inefficiencies in the appointment of
provincial directors and chiefs of police so that the local police’s performance of
duties will not be disturbed.

Approval of this bill is earnestly sought.

MEL semnaenro

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._ 3859

Introduced by: REP. MEL SENEN S. SARMIENTO

AN ACT STRENGHTENING THE AUTHORITY OF LOCAL CHIEF
EXECUTIVES TO APPOINT PROVINCIAL POLICE DIRECTORS AND CHIEFS
OF POLICE, AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6975,
ENTITLED: “AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE
UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT,” AS AMENDED BY REPUBLIC ACT NO. 8551 ENTITLED “AN
ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE
PHILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled.
SECTION 1. Chapter III-D, Section 51, Paragraph (a), Subparagraph (1) of Republic

Act 6975 is hereby amended to read as follows:

(@) Provincial Governor — (1) Power to Choose the Provincial Director. — The
provincial governor shall choose the provincial director from a list of three (3)
eligible candidates recommended by the PNP regional director: PROVIDED THAT
SAID LIST MUST BE SUBMITTED BY THE PNP REGIONAL DIRECTOR TO THE

NEWLY ELECTED OR RE-ELECTED GOVERNOR ON THE FIRST DAY OF

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OFFICE OF THE LATTER: PROVIDED, FINALLY, THAT 1HE NAME Ur Inn

INCUMBENT PROVINCIAL DIRECTOR SHALL BE INCLUDED IN THE LIST.

SECTION 2. Section 63, Paragraph (4), Subparagraph (i) of Republic Act 8551 is

hereby amended to read as follows:

(i) Authority to choose the chief of police from a list of five eligible candidates
recommended by the provincial police director, preferably from the same province,
city or municipality: PROVIDED THAT SAID LIST MUST BE SUBMITTED BY THE
PROVINCIAL DIRECTOR TO THE NEWLY ELECTED OR RE-ELECTED MAYOR
ON THE FIRST DAY OF OFFICE OF THE LATTER: PROVIDED, FURTHER, THAT
‘THE NAME OF THE INCUMBENT CHIEF OF POLICE SHALL BE INCLUDED IN
THE LIST: provided, ALSO (however), that in no case shall an officer-in-charge be
designated for more than thirty (30) days: provided, further, that the local peace and
order council may, through the city or municipal mayor, recommend the recall or
reassignment of the chief of police when, in its perception, the latter has been
ineffective in combating crime or maintaining peace and order in the city or
municipality: provided, finally, that such relief shall be based on guidelines

established by the NAPOLCOM;

SECTION 3. In the event that the no provincial police director has been assigned

yet, the designated officer-in-charge will be responsible for preparing and

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submitting the list of eligible candidates for the position ot chiet ot police to te

mayors.

SECTION 4. In cases when the tour of duty of the incumbent provincial director or
chief of police is shortened due to their reassignment to other localities based on
administration-ordered rotations as well as for reasons of resignation, death,
sickness, mental incapacity, conviction for culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public trust,
an officer-in-charge shall only be designated once to the said position until the
expiration of the term of the local chief executive and must be replaced within 30
days according to law. Provided, that the governor or mayor shall be notified at least
48 hours beforehand: Provided, that the list of eligible candidates to fill that vacant
position shall be submitted to the governor or mayor within seven days from date of

relief or reassignment.

SECTION 5. Failure of the PNP regional director and the provincial police director,
or the designated officer-in-charge, to provide the governors and mayors the list of
candidates for the positions of provincial director and chief of police within the
specified time period would merit them the punishment of reprimand or admonition
provided that if their negligence is proven through the conduct of an administrative
hearing they will be subjected to suspension from service without pay not exceeding

180 days.

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SECTION 6. All laws, orders, presidential issuances, rules and regulations or part

thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 7. This Act shall take effect after fifteen (15) days following its publication

in at least two newspapers of general circulation.

Approved,

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