Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __7347

EXPLANATORY NOTE

This bill seeks to establish a National Police Clearance System, and install the
Philippine National Police (PNP) as the primary government agency responsible for
issuing a National Police Clearance which shall serve as the primary government
certificate or document indicating the presence or absence of any criminal and/or
derogatory records in the Philippines of any individual.

The rationale behind the proposed bill is the need to create an
institutionalized credible and reliable clearance system for individuals seeking to
be declared devoid of any criminal or derogatory records for whatever legal
purposes it may serve them. The PNP is in an ideal position to create a vast and
comprehensive database of criminal or derogatory records of persons.

PNP personnel are involved in the day-to-day monitoring, prevention, and
investigation of crimes all over the country and are usually the first responders in
crime scenes. They are likewise the implementers of validly issued warrants of
arrests. As such, they are in a perfect position to document, safe-keep, and manage
a comprehensive national record of all reported crime incidents, warrants of arrest,
pictures and personal details of arrested and wanted persons, fingerprints and
ballistic examination records and other relevant information relative to crimes and
perpetrators thereof. Therefore, the PNP is better positioned to serve as the


depository and custodian of these records, and can credibly issue criminal record
clearances.

The National Police Clearance will not be a duplication of the existing NBI
clearance because of its repealing clause under Section 13 of the proposed bill
which declares that “all laws, decrees, orders, regulations and policies inconsistent
with the provisions of this Act are hereby repealed and/or amended accordingly.”

It is my firm belief that a comprehensive, but reliable recording, systematic
storage, proper management, and judicious disposition of all criminal information
in the country are vital to an ordered society, as this system will produce a
dependable and trustworthy data with which to clear individuals of criminal or
derogatory records.

Given the worthy aims of the bill, it is highly recommended that it be
approved.

/. foal”
MAI L. Pl ICIAS-AGABAS
6') Distri¢t, Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

ETEENTH CONGRESS
First Regular Session

HOUSE BILL NO._7347

IMICIAS-AGABAS
AN ACT
ESTABLISHING THE NATIONAL POLICE CLEARANCE SYSTEM,
PROVIDING

FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “National Police
Clearance System Act".

SEC. 2. Declaration of Policy - It is hereby declared the policy of the State to
ensure public safety thru a highly efficient, effective, competent and modernized police
force and the use of information and communications technology. Furthermore, the
State shall improve efficiency in the delivery of service by reducing bureaucratic red
tape and preventing corruption while ensuring the protection of the fundamental
human right of privacy.

SEC. 3. National Police Clearance System. - The National Police Clearance System
(NPCS) is hereby established. The Philippine National Police (PNP) shall be the primary
government agency responsible for the implementation of the NPCS. Pursuant to this
mandate, the PNP shall formulate and adopt policies for the effective operationalization
of the NPCS including, but not limited to, maintenance of a national record of all
reported crime incidents, warrants of arrest, pictures and personal details of arrested
and wanted persons, fingerprints and ballistic examination records and other relevant
information.

SEC 4. National Police Clearance - The National Police Clearance shall be the
primary government certificate or document indicating the presence or absence of any
criminal and/or derogatory records in the Philippines of any individual
The National Police Clearance shall also be the sole government certificate or document
that will be required in all PNP transactions for verifying the presence or absence of any


criminal and/or derogatory records in the Philippines of the individual transacting with
the PNP;

SEC 5 SEC-4. Processing of Information. - The processing of information under the
NPCS shall be subject to Section 11,12 and 13 of Republic Act No. 10173, otherwise
known as the "Data Privacy Act of 2012".

SEC. 6. SEC-5 Issuance of National Police Clearance. - Any person may request for
the issuance of their National Police Clearance from the PNP. In line with this, the PNP
may determine, fix and collect reasonable amounts to be charged as fees for the
issuance of the police clearance: Provided, that no fees and other charges shall be
collected from first time jobseekers when obtaining such police clearance as mandated
by Republic Act No 11261, otherwise known as the "First Time Jobseekers Assistance
Act."

SEC 7. SEC-6 Confidentiality. - The Philippine National Police shall ensure at all
times the confidentiality of any personal information that comes to Its possession or
obtained as a requirement for the issuance of a Police Clearance under the preceding
section.

SEC. 8. SEC-7 Penal Provision. - (a) Any person, who breach the confidentiality of
information contained in the NPCS, whether by carelessness, improper behavior,
behavior with malicious Intent, and use of confidential information for profit, shall be
penalized by imprisonment of three (3) months but not to exceed one (1) year and a
fine of not less than Fifty Thousand Pesos (P50,000.00) but not more than One Hundred
Thousand Pesos (P100.000.00). subject to the degree of breach of information;

(b) The unauthorized processing of National Police Clearance without the consent of the
subject individual shall be penalized by imprisonment of three (3) months but not to
exceed one (1) year and a fine of not less than Fifty Thousand Pesos (P50,000.00) but
not more than One Hundred Thousand Pesos (P100.000.00).

SEC 9 Capability Enhancement Programs of the PNP. - Collections from the
issuance of national police clearance shall be utilized to support the Capability
Enhancement Programs of the PNP.

SEC. 10 SEC-8. Appropriation. - The amount necessary for the effective
implementation of the provisions of this Act shall be taken from the current year's
appropriation of the PNP Thereafter, such sum as may be needed for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

SEC 11 SEC-9. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the PNP shall promulgate the rules and regulations necessary
for the for the effective implementation of this Act.


SEC 12 SEC-10. Separability Cause. - If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provisions not affected
thereby shall remain in force and effect.

SEC 13 SEC-11. Repealing Cause. - All laws, decrees, orders, regulations and
Policies inconsistent with the provisions of this Act are hereby repealed and/or
amended accordingly.

SEC 14 SEC-12. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

Approved.