Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL no8 672

Introduced by HONORABLE LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

This bill proposes the establishment of special police courts to be known as Police Law
Enforcement Courts in all regional trial courts and the consequent creation of Appellate
Police Law Enforcement Courts by amending Batas Pambansa Bilang 129 otherwise known
as the Judiciary Reorganization Act of 1980.

Over the first half of 2017, the Philippine National Police (PNP) has already conducted
almost 70,000 drug operations alone, whose legitimacy of means and outcome have drawn
much attention. In fact, the PNP has been tagged in numerous infamous cases of alleged
murders and deaths labeled as collateral damage in the war against illegal drugs and other
crimes. National and intemational media have fixed the spotlight on the police and their
alleged abuses. Given the magnitude of ongoing police operations and the express mandate
of President Rodrigo Roa Duterte that the police forces remain vigilant and aggressive in its
law enforcement despite the issues besetting them, there is an urgent need for a system of
special police courts to ensure the fair and speedy disposition of cases involving active and
non-active members of the PNP.

The Police Law Enforcement Courts shall focus on all criminal and civil cases filed against
active and non-active members of the PNP in the pursuit of their duties, as well as violations
‘of PNP operational procedures and other police protocols. In light of this, the Supreme Court
shall accordingly promulgate special rules of procedure for the transfer of cases to the new
courts during the transition period and for the disposition of police cases. Members of the
bench shall undergo proper training to competently hear these cases.

Admittedly, while much power and trust have been reposed upon our courageous police
forces whose lives and reputation are also in constant threat, the same grant of authority



calls for equally unrelenting supervision and regulation. This bill is a reaffirmation of our
utmost responsibility to put the safety of our people, their lives and properties above
everything else for this democracy is only as strong as their faith and trust in its institutions.

In view of the foregoing premises, the swift approval of this bill is humbly sought.

LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO. 6672

Introduced by HONORABLE LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
ESTABLISHING THE POLICE LAW ENFORCEMENT COURTS,
GRANTING THESE COURTS EXCLUSIVE ORIGINAL JURISDICTION OVER
VIOLATIONS OF CONSTITUTIONAL RIGHTS AND PNP RULES OF
ENGAGEMENT COMMITTED BY THE POLICE, AMENDING BATAS PAMBANSA
BILANG 129, AS AMENDED, OTHERWISE KNOWN AS "THE JUDICIARY
REORGANIZATION ACT OF 1980", APPROPRIATING FUNDS THEREFORE
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 "Police Court Act of 2017".

Section 2. Declaration of Policy. - It is the policy of the State to value the dignity of
every human person and guarantee full respect for human rights. To uphold this
duty, the State shall prosecute rogue police elements through a special court that will
provide the public fair, impartial and speedy disposition of complaints for violations of
constitutional rights and PNP operational procedures and code of ethical standards
committed by the members of the Philippine National Police free from the "kabaro
system."

Section 3. Establishment of Police Law Enforcement Court ("Police Court")
and Appellate Police Law Enforcement Court ("Appellate Police Court"). — The
Supreme Court shall create a special court designated as the Police Law
Enforcement Court ("Police Court"), among existing Regional Trial Courts which
shall handle all civil and criminal cases involving the abuse of authority whether in or


Off duty of the members of the Philippine National Police including civil and criminal
cases arising out of the violation of a member of the Philippine National Police of its

PNP operational procedures and other police protocols designed to protect the rights
of the accused.

The Supreme Court shall likewise designate an Appellate Police Court from among
the divisions of the Court of Appeals that shall handle all appeals coming from the

Police Courts and appeals over the decision/resolution of the National Police
Commission in administrative cases.

Section 4. Qualification and Training of Judges for the Police Law Enforcement
Courts. - Sec. 15 of Batas Pambansa Big. 129, as amended, is hereby further
amended to read as follows:

(@) Qualifications. - No person shall be appointed a Regional Trial Judge or a
Presiding Family Court OR A POLICE LAW ENFORCEMENT COURT JUDGE,
unless he is a natural-born citizen of the Philippines, at least thirty-five (35) years of
age, and, for at least ten (10) years, has been engaged in the practice of law in the
Philippines or has held a public office in the Philippines requiring the admission to
the practice of law as an indispensable requisite.

(b) Training of Family Court Judges, x00

(c) TRAINING OF POLICE LAW ENFORCEMENT COURT ("POLICE COURT")
JUDGES. - THE SUPREME COURT SHALL PROVIDE A PERIODIC AND
CONTINUING PROGRAM FOR THE PRESIDING JUDGE AND THE COURT
PERSONNEL OF THE POLICE COURTS ON POLICE PROTOCOLS, TACTICS
AND RULES OF ENGAGEMENT AND PNP OPERATIONAL PROCEDURES
INCLUDING PHILIPPINE AND INTERNATIONAL HUMAN RIGHTS LAWS TO
CAPACITATE THE POLICE COURT TO UPHOLD THE DUTY OF THE

STATE TO PROMOTE PEACE AND ORDER THROUGHOUT THE COUNTRY
WHILE PROTECTING THE CONSTITUTIONAL RIGHTS OF THE CITIZENS.

Section 5. Jurisdiction of Police Law Enforcement Courts (“Police Courts”). —
The Police Courts shall have exclusive original jurisdiction to hear and decide the


following cases:

1) All civil and criminal cases, including the revised penal code and special penal

laws whether in or off duty filed against the members of the Philippine National
Police;

2) All civil and criminal cases including the revised penal code and special penal
laws arising out of the violation of a member of the Philippine National Police of its
rules of PNP Operational Procedure, rules of engagement and other police
protocols;

3) All complaints for violation of constitutional rights where one of the accused is a
member of the Philippine National Police;

4) Issuance of writ of habeas corpus where there is evidence that the victim is held
under the custody of any of the members of the Philippine National Police.

Section 6. Prosecutors to the Police Courts. - The Department of Justice shall
assign Prosecutors to prosecute cases within the jurisdiction of the Police Courts. It
shall provide for a mechanism to ensure the speedy resolution of preliminary
investigations, within 30 days from the receipt of the complaint.

Section 7. Assistance of Public Attorneys. - The Public Attorney's Office shall
represent members of the Philippine National Police charged with violations
cognizable before the police courts for acts directly connected to performance of
their lawful duties as police officers, without need of evidence of indigency.

PNP shall ensure adequate legal representation of its force by forging agreements
for free legal service with the integrated bar of the Philippines and other reputable
law organizations

Section 8. Notice on Transfer/Re-assignment of Police Personnel. — \n order to
ensure continuous prosecution and trial of the case, upon filing of a civil or criminal
case before a prosecutor for preliminary investigation or the Police Court for trial, the
Chief of the PNP and the NAPOLCOM shall be informed in writing of a case filed
against any member of the Philippine National Police.



The PNP shall seek approval from the appropriate prosecutor or the Police Court to
which the case is assigned of any transfer/reassignment of the accused police
personnel subsequent to the filing of the complaint. The PNP shall ensure the
attendance of its accused personnel in all hearings before the prosecutor and the
Police Court.

Section 9. Jurisdiction of the Appellate Police Law Enforcement Courts
("Appellate Police Courts"). - Appeliate Police Courts shall have exclusive
appellate jurisdiction to hear appeals over the following cases:

1) Decisions/Resolutions of the Police Courts;

2) Decisions/Resolutions of the National Police Commission in administrative cases
‘over uniformed members of the Philippine National Police;

3) Decisions/Resolutions of the of Civil Service Commission in administrative cases
over non-uniformed employees of the Philippine National Police.

Section 10. Appeals. - Decisions and orders of the Police Courts shall be appealed
in the same manner and subject to the same conditions as appeals from the ordinary
Regional Trial Courts.

Section 11. Special Rules of Procedure. - The Supreme Court shall promulgate
special rules of procedure for the transfer of cases to the new courts during the
transition period and for the disposition of police cases with the aim of providing the
public fair, impartial and speedy disposition of complaints.

Section 12. Use of Income.

The Supreme Court shall be allowed to use ten
percent (10%) of the income derived from filing and other court fees under Rule 141
of the Rules of Court for research and other operating expenses including capital
outlay.

Section 13. Appropriations. - The amount necessary to carry out the provisions of
this Act, including the creation of new courts as may be determined by the Supreme
Court whenever the need for more Police Court and Appellate Police Courts so
warrant, shall be included in the General Appropriations Act of the year following its
enactment into law and thereafter.


Section 14. Transitory Provision. - Pending the issuance of implementing rules
and regulations, the Supreme Court shall designate from among existing branches of
the Regional Trial Court at least one Police Court in each judicial region

Section 15. Repealing Clause. — All laws, decrees, orders, rules and regulations or
other issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 16. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

Section 17. Effectivity. - This Act shall take effect after fifteen (15) days following
the completion of its publication either in the Official Gazette or in a newspaper of
general circulation in the Philippines.

Adopted,