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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3768

Introduced by: Representative JOHNNY T. PIMENTEL

EXPLANATORY NOTE

The Philippine Constabulary (PC) served as a gendarmerie being a distinct
military branch holding jurisdiction in civil law enforcement since its creation
in 1901. The same organization even preceded the formation of the other
Philippine armed forces.

In 1990, Republic Act 6975 was enacted. The said law transferred the national
police into the Department of Interior and Local Government creating a police
force that is civilian in character. Subsequently, the Philippine Constabulary
was integrated into the professionalized and armed Philippine National Police
(PNP), pursuant to RA 6975 in 1991. The same law also transferred the
jurisdiction of internal security to the PNP. This changed in 1998 when
jurisdiction over internal security was returned again to the AFP pursuant to
RA 8551

Nevertheless, the growing regional instability in Asia-Pacific requires the three
existing service commands of the Armed Forces of the Philippines - Army,
Navy and Air Force, to concentrate solely in addressing the external threats.
‘Their primary role in securing the national sovereignty and territorial integrity
must be reaffirmed.

The reintroduction of the Philippine Constabulary devoted wholly in
combating domestic threats, at the same time pursuing the State policy of
professionalizing the police forces, is but timely. Its formation will help fight
terrorism, insurgency and drug trafficking. The Philippine Constabulary shall


be useful in maintaining the peace and order in the non-metropolitan and
non-urban areas as combat-oriented policemen.

In view of the foregoing, the approval of this Bill is earnestly sought.

JOHNNY T. PIMEN’


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

SEVENTEENTH CONGRESS
First Regular Session

3 3768

HOUSE BILL NO.

Introduced by: Representative JOHNNY T. PIMENTEL

AN ACT
REVIVING THE PHILIPPINE CONSTABULARY AND REORGANIZING THE
PHILIPPINE NATIONAL POLICE, AMENDING CERTAIN PROVISIONS OF
REPUBLIC ACT NUMBERED SIXTY - NINE HUNDRED AND SEVENTY -—
FIVE ENTITLED,”AN ACT ESTABLISHING THE PHILIPPINE NATIONAL
POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES,” AS
AMENDED

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

SECTION 1. Title. - This Act shall be known as the “Revival of the Philippine
Constabulary Act of 2016.”

SECTION 2. Declaration of Policy and Principles. ~ It is hereby declared
to be the policy of the State to promote peace and order, ensure public safety
and further strengthen local government capability aimed towards the
effective delivery of the basic services to the citizenry through the
establishment of a highly efficient and competent police force that is national
in scope and civilian in character.

SECTION 3. Section 12 of Republic Act No. 6975, as amended, is hereby
amended to read as follows:

"SEC. 12. Relationship of the Department with the Department
of National Defense. - During a period of thirty-six (36) months,
the Armed Forces of the Philippines (AFP) shall continue its
present role of preserving the internal and external security of the
State: Provided, That the said period may be extended by the


President, if he finds it justifiable, for another period not
exceeding twenty-four (24) months, after which, the Department
shall automatically take over from the AFP the primary role of
preserving internal security, leaving to the AFP its primary role in
preserving the external security. However, even after the
Department has assumed primary responsibility on matters
affecting internal security, including the suppression of
insurgency, and there are serious threats to national security and
public order, such as where insurgents have gained considerable
foothold in the community thereby necessitating the employment
of bigger tactical forces and the utilization of higher calibre
armaments and better armored vehicles, the President may, upon
recommendation of the peace and order council, call upon the
Armed Forces of the Philippines to assume the primary role and
the Philippine National Police (PNP) to play the supportive role in
the area concerned.

In times of national emergency, all elements of the PNP, Bureau
of Fire Protection, and the Bureau of Jail Management and
Penology shall, upon direction of the President, assist the Armed
Forces of the Philippines in meeting the national emergency.

The complementary relationship between the Department of the
Interior and Local Government and the Department of National
Defense in any of the preceding eventualities shall be jointly
prescribed by their respective Secretaries in a memorandum of
agreement that shall thereafter be published and implemented.”

SECTION 4. Formation of the Philippine Constabulary. - The Philippine
National Police (PNP) shall create the Philippine Constabulary (PC) consisting
of the members of the police forces. The Philippine Constabulary shall serve
as the component of the PNP tasked in maintaining peace and order in the
non-metropolitan and non-urbanized areas of the Philippines. It is headed by
a Director with the rank of chief superintendent.

The Special Action Force (SAF) is hereby integrated in the Philippine
Constabulary.

SECTION 5. Qualification. - Notwithstanding the General Qualifications for
Appointment of Uniformed Personnel of the PNP, no person shall be appointed
as officer or member of the Philippine Constabulary unless he possesses the
following minimum qualifications:

a. A citizen of the Philippines;

b. A person of good moral conduct;


c. Must have passed the psychiatric/psychological, drug and physical
tests to be administered by the PNP or by any NAPOLCOM accredited
government hospital for the purpose of determining physical and
mental health;

d. Must possess a formal baccalaureate degree for appointment as officer
and must have finished at least second year college or the equivalent of
seventy-two (72) collegiate units for appointment as non-officer or an
equivalent training.

e. Must be eligible in accordance with the standards set by the
Commission;

f. Must not have been dishonorably discharged from military employment
or dismissed for cause from any civilian position in the Government;

g. Must not have been convicted by final judgment of an offense or crime
involving moral turpitude;

h. Must be at least one meter and sixty-two centimeters (1.62m.) in height
for male or one meter and fifty — seven centimeters (1.57 m.) for female;

i, Must weigh not more or less than five kilograms (Skgs) from the
standard weight corresponding to his or her height, age, and sex; and

j. For a new applicant, must not be less than twenty-one (21) nor more
than thirty (30) years of age: except for the last qualification, the above-
enumerated qualifications shall be continuing in character and an
absence of any one of them at any given time shall be a ground for
separation or retirement from the service.

For the purpose of determining the compliance with the requirements on
physical and mental health, as well as the non-use of prohibited drugs, the
PNP by itself or through a NAPOLCOM accredited government hospital shall
conduct regular psychiatric, psychological drug and physical tests randomly
and without notice.

SECTION 6. Training. - The Armed Forces of the Philippines, with the
concurrence of the National Police Commission, shall take part in training of
the Philippine Constabulary to be prepared in direct action combat.

SECTION 7. Recruitment. ~The National Police Commission shall prescribe
the rules and regulations for the efficient organization, administration, and
operation, recruitment, and selection of the Philippine Constabulary.

SECTION 8. Transition. - The provisions on the reorganization of the PNP
shall be effected within three (3) years after the effectivity of this Act.


SECTION 9. Inclusion in the Appropriations Act. ~ The amount necessary
to implement the provisions of this Act shall be included in the General
Appropriations Act for the year following the approval of this Act.

SECTION 10. Repealing Clause. ~ Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, regulation or
ordinance contrary to or inconsistent with the provisions of the Act is hereby
repealed, modified or amended accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) national newspapers
of general circulation.

Approved,