Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

~ H.B. No. 7

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Whenever people speak of police officers in this country, the same translates to "hulidap
or kotong cops". The image of the PNP has been tarnished by the errant practices of some
unscrupulous members of the force. These small number but noticeable scalawags are the
ones who continue to taint the prestige of the police with their involvement in illegal activities
‘such as kotong, hulidap, and other deplorable crimes.

It is more regrettable to note that the customary victims were the lowly wage earners
such as taxi, jeepney, truck, bus drivers, and even sidewalk vendors, whose hard-earned
money is taken away in exchange for non-apprehension for committing minor offenses.

This piece of legislation has the primal intention to cleanse the ranks not only of the
Philippine National Police but also other government offices capable of extorting money and/or
other properties with monetary value against people facing charges or about to be charged for
violating any local ordinances and/or general laws. What we need now is to rectify the tarnished
image of government authorities and rebuild the trust of the people to their police and other
concerned public officials.

It is unfortunate that the existing laws like the PNP Reform Act, Anti-Graft and Corrupt
Practices Act and similar statutes penalizing public officials criminally and administratively were
not enough to discourage them from getting involved in extortion activities. Under the present
system, the accustomed charges slapped on these rogue officials are the common crimes of
robbery and theft under the Revised Penal Code.

This bill seeks to provide a more stringent measure to penalize violators in order to
restore the dignity bestowed upon every public official who has taken the oath to serve the
public with complete honesty and integrity. Through this measure, public officials who are
accountable to the people should be imposed with harsher penalty to align with the principle of
public office is a public trust. Since this type of crime committed by public officials is rampant
nationwide, | strongly believe that it is high time for this country to have a law specifically
defining and penalizing the act of “Kotong” bill is earnestly sought.

Considering the urgency of this measure, the mediate approval of this bill is earnestly

sought.
JUAN EDGARDO/‘SONNY” M. ANGARA
Representative

Lone District, Province of Aurora


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

“H.B. No. —

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
PENALIZING THE COMMISSION OF THE ACT OF “KOTONG” COMMITTED BY
LAW ENFORCEMENT OFFICERS AND PUBLIC OFFICALS 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 “Anti-Kotong Act of 2010.”
SEC. 2. Statement of Policy. It is hereby declared the policy of the State to

a) protect the citizens against extortions committed by abusive law enforcement officers
and other public officials;

b) uphold and respect at all times the fundamental human rights as guaranteed by the
constitution; and

c) ensure that the general image of public servants particularly law enforcement
officers instill dignity, honor, and high regard from the entire nation and the global
community, #

For these purposes, the government shall institute a policy whereby law enforcement
officers and public officials who will be implicated in the unlawful act of “Kotong” as defined
herein shall be penalized as well as encourage all concerned citizens to report such illegal
activity to proper authorities.

SEC. 3. Coverage. The Act of Penalizing the crime of “Kotong” shall cover all law
enforcement officers whether under the national government or local government agencies such
as but not limited to the Philippine National Police (PNP), National Bureau of Investigation (NBI),
and other apprehending authorities. Public officials or authorities under the executive branch of
the government in the national or local level shall likewise be covered by this Act.

SEC. 4. “Kotong”, Defined and when Committed - “Kotong” as used in this Act shall
mean and deemed committed as a crime when an act of any law enforcement officer or public


official involves extortion or unlawful extraction of money or property through intimidation or
undue exercise of their authority against any person facing apprehension or charges for
violating or suspected of having violated any law in exchange for protection against possible
arrest, filing of charges or being imposed with penalties to the offense.

SEC. 5. Penalties. Any law enforcement officer or public official who commits the crime
of “Kotong” as provided in the provision of this Act shall, upon conviction, at the discretion of
the court be penalized by:

a) imprisonment of prision correcional in its maximum period up to prision mayor in its
minimum period, or

b) separation from government service with perpetual disqualification from entering other
government agencies or in the case of the Philippine National Police and the National
Bureau of Investigation, either through dishonorable discharge from duty or demotion of
two (2) ranks lower and transfer of

©) assignment to another PNP Regional Command or NBI Regional Office as may be
determined by the PNP Chief or the NBI Director, as the case may be; or

d) a fine to be paid to the victim equivalent to the involved amount extorted, Provided,
however, if the victim is an indigent, the fine to be paid shall not be less than Ten
Thousand Pesos (P10,000.00) but no more than double the amount extorted which will
be exclusive of other damages that the court may deem fit to be awarded; or

e) both fine and imprisonment or fine and dishonorable discharge from duty or demotion of
two (2) ranks lower and transfer of assignment to another PNP Regional Command or
NBI Regional Office.

Provided, however, that the subject law enforcement officer and public official while
going through investigation and trial in the court of law shall, upon order of the court, undergo
preventive suspension

‘SEC. 6. Shared Liability under Command Responsibility. In order to ascertain that
every head of public office shall adhere to cleanse their respective organizations, such head of
Office shall be held equally liable for illegal “kotong” activities. Provided, however, where the
violator involved is a member of the Philippine National Police (PNP), unit commanders will be
held liable for the involvement of any personnel under the Regional Director's direct command.

Provided, further, that such liability as stated herein shall be solely limited to suspension
for a fixed duration to be determined by the court.


SEC. 7. Liability under Other Laws. A prosecution under this Act shall be without
prejudice to any liability for violation of any provisions of Republic Act No. 3185, as amended,
otherwise known as the Revised Penal Code; Republic Act No. 8551, or the Philippine National
Police Reform and Reorganization Act of 1998; Republic Act No. 3019, or the Anti-Graft and
Corrupt Practices Act and other applicable statutes.

SEC. 8. Repealing Clause. The provision of any law, Issuance, Executive Order, Letter
of Instruction, Rules or Regulations which are inconsistent with the provision of this Act are
hereby repealed, amended or modified accordingly.

SEC. 9. Separability Clause. If for any reason, any provision of this Act is declared
invalid or unconstitutional, the remainder of this Act shall not be affected.

SEC. 10 . Effectivity. This Act shall take effect immediately upon publication in at least
two (2) newspapers of general circulation.

Approved,