Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

7344

HOUSE BILL NO.

EXPLANATORY NOTE

The proposed bill aspires to revitalize the Philippine National Police (PNP) and
enhance its operational capability through various interventions such as acquisition of
modern equipment, construction of standard police stations and offices nationwide,
upgrading and development of its infrastructures and facilities, and the adoption of
advanced real-time information and communications technology (ICT) systems,
among others. Such interventions as proposed in this bill are all geared towards
developing the PNP into an even more capable and highly reliable police force while
in the discharge of its constitutional and statutory mandates such as the maintenance
of peace and order, and the preservation of internal security and safety.

In particular, the bill aims to infuse a high level of dynamism across all its multi-
level organization and offices in the performance of police functions like law
enforcement operations and the delivery of frontline public safety services, and induce
the organization to adopt and pursue modern approaches against crit y.

The crucial roles of the police force in our lives from national society down to
our municipal and barangay communities cannot be overemphasized. An ill-equipped,
organizationally weak, and operationally incompetent police force jeopardizes law
enforcement, crime prevention and investigation, emergency responses, and valuable
community services; and thus, will ultimately compromise our security and safety, and
peaceful and orderly living.

And so, for the sake of our societal and communal security and safety, the
approval of the proposed bill is ardently requested.

MARI NLA |MICIAS-AGABAS
Distrift; Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Fist Regular Session

Ct oy 1344

HOUSE BILLNO,_*

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
PROVIDING FOR THE REVITALIZATION AND CAPABILITY ENHANCEMENT
OF THE PHILIPPINE NATIONAL POLICE AND APPROPRIATING FUNDS THEREFOR

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 “Philippine National Police
Revitalization and Capability Enhancement Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to develop the
Philippine National Police (PNP) into a highly efficient, capable, and competent police force to
enable it to fully perform its mandate as the primary law enforcement agency of the government,
and be capable of supporting the social and economic goals of the Republic, towards nation-
building.

‘Towards this end, the State shall sustain a revitalized PNP that will continuously carry out
effective policing functions and law enforcement operations, deliver timely and responsive
frontline public safety services, and pursue a comprehensive and integrated approach against
transnational crime and emerging forms of criminality, insurgency, terrorism and other serious
threats to internal security.

For this purpose, the State shall pursue the implementation of the PNP Revitalization and
Capability Enhancement Program under the provisions of this Act, focused on infrastructure and
facilities development as well as equipment acquisition and upgrading.

Sec. 3. PNP Revitalization Thrusts. - As used in this Act, the term “revitalization” shall
mean the state of achieving a dynamic level of performing police functions, law enforcement
operations, and frontline public safety services, and pursuing modern approaches against
criminality with the end view of establishing and maintaining a safe, secure, orderly, peaceful,


and prosperous nation. Towards this aspiration, the PNP shall pursue the following revitalization
thrusts:

a. __ Fill-up of basic equipage and construction of standard police stations and
offices nationwide:
b. Acquisition of modern equipage;

¢. Adoption of secured, modern, artificial intelligence (Al)-driven, real-time information and
communications technology (ICT) systems to modernize and integrate police administration and
operations;

d. Strengthening police coordination and cooperation with the citizenry, local governments,
public safety agencies, other law enforcement agencies and pillars of the criminal justice system,
and the regional and international police communities, and

e. Enhancement of law enforcement approaches and intensified operations against
transnational crime and emerging forms of criminality, insurgency, terrorism, and other serious
threats to internal security.

Sec. 4. Components of the Revitalization and Capability Enhancement Program. — The
PNP revitalization thrusts shall be realized through the implementation of a Revitalization and
Capability Enhancement (RACE) Program.

‘As used in this Act, the term police “capability enhancement” shall mean a measurable
improvement in the performance of PNP mandates that translates into an enduring ability to
enforce the law, prevent and control crimes, maintain peace and order, ensure public safety and
internal security, and protect the country against threats to internal security, including terrorism.

The Revitalization and Capability Enhancement Program shall consist of the following
components;

a. __ Infrastructure and Facilities Development - The objectives of this component are:
1) _ Establishment of Standard Infrastructure and Basic Facilities

a) Construction and upgrading of standard infrastructure like green
buildings for police stations and offices, that are accessible and suited to
the peculiar topography of or weather conditions in the area, with
provision for adequate perimeter fencing;

b) Construction and upgrading of basic facilities for administrative,
investigative, intelligence, operational, and police-community- relations
functions, such as: crime laboratory; evidence rooms; storage rooms;
records rooms; appropriate custodial facilities; communications systems;
research and development centers; training institutions; hospitals and



dispensaries for delivery of medical and dental services; and quartering
and barracks facilities, in accordance with approved camp master
development plans;

c) Construction and upgrading of facilities to provide repair and
maintenance works, such as: regional or provincial motor pool and
maintenance facilities for other mobility assets.

2) Construction and upgrading of facilities to support regulatory functions,
such as firearms surrender storage and impounding area;

3) Development, procurement, and management of ICT systems and
automated systems to ensure integration and effective coordination; and

4) Realestate acquisition, titling, and management.

b. Equipment Acquisition, Re-fleeting, Replenishment, and Upgrading - The objective
of this component is judicious procurement, taking into consideration standardization, inter-
operational capabilities, maintenance and subscription costs, responsive standards and
specifications of:

1) _ Basic equipage;

2) Modern equipage for enhanced PNP capabilities, such as: munitions and
‘ordnance; firepower and weapons; transportation and mobility assets;
information and communications equipment; intelligence; investigative and
forensic equipment; including digital forensic equipment and software and
corresponding certification trainings essential for digital forensic examination
and investigation; software solutions; testing equipment; and police training and
education equipment;

3) IcT-enabled tactical equipment;

4) Search and rescue equipment and equipment that will enable the PNP to
perform critical functions for initial calamity response

Sec. 5. Standard of Modernization. - In preparing and implementing the Revitalization
and Capability Enhancement Program, the standard test to indicate modernity is the possession
of latest attributes or innovative qualities of infrastructure, facilities, and equipment, over and
above the basic and standard features, or in accordance with current or latest market or industry
standards. This will enable the PNP to better adapt to the needs of the present time, add value
to services delivered, and achieve increased citizen satisfaction with the police.

In endeavoring to modernize police infrastructure and facilities, the primary consideration shall
be developing capabilities for command and direction, crime prevention, detection, and solution,


tactical and strategic control, effective communication, robust ICT and automated systems
network, upholding human rights and the Rule of Law, and sustained police-community-relations.

The acquisition of modern equipment shall be based on the results of operational needs
assessment. For purposes of this Act, the term “operational needs assessment" refers to the
mandatory periodic evaluation of materiel and logistical capabilities with the end view of
identifying deficiencies or limitations in existing resources and addressing significant
impediments in achieving operational tasks and attaining organizational mission, through
equipment acquisition.

Sec. 6. Mutual Logistics Support Service Cooperation. - The Chief of the PNP may directly
negotiate with an agency or instrumentality or private enterprises of another country with which
the Philippines has entered into a mutual logistics support and services or law enforcement and
security cooperation agreement, or otherwise maintains diplomatic relations, when the
procurement involves modern equipage or ICT solutions for enhanced PNP capabilities, subject
to the following conditions:

a. The Secretary of the Interior and Local Government, in his capacity as ex-officio
Chairperson of the National Police Commission (NAPOLCOM), has deemed it necessary
for the maintenance of peace and order, ensuring public safety, or curbing transnational
crime; emerging forms of criminality; terrorism, insurgency, and other serious threats to
internal security;

b. The expertise or capability required is not locally available or the goods, articles,
supplies, or materials involved are not locally produced or manufactured;

e The police equipment, other law enforcement and security equipment, and
related consultancy services to be procured under this modality are included in the
PNP’s Revitalization and Capability Enhancement Program, prepared in accordance with
Section 7 of this Act; and

d. Pertinent guidelines in the negotiation of cooperation agreements, under the
Department of Foreign Affairs, shall be observed.

Sec. 7. Revitalization and Capability Enhancement Program. - Within ninety (90) days
from the effectivity of this Act, the Chief of the PNP shall, in consultation with the Chairperson of
the NAPOLCOM and the Secretary of the Department of Budget and Management (DBM),
prepare a Revitalization and Capability Enhancement Program.

After consultation, the Chief of the PNP shall submit the Revitalization and Capability
Enhancement Program to the NAPOLCOM, which shall review and endorse the same to Congress,
through the Congressional Oversight Committee created under this Act, for monitoring and
overseeing.

The Program shall indicate the following:


a. The police organizational structure and staffing pattern, authorized
personnel strength, and logistics and facilities inventory during the various
implementation stages;

b. The capability enhancement programs, projects, and activities to be
undertaken vis-a-vis the particular component and corresponding objectives and
revitalization thrusts they relate to;

c. The priorities, phases of implementation, and schedules of the capability
enhancement projects and activities; and

d. The estimated average cost of each project or activity to be undertaken.

A Program Management Office (PMO) shall be created at the PNP to monitor, oversee,
and evaluate program implementation.

Sec. 8. Period of Implementation. - The Revitalization and Capability Enhancement
Program under this Act shall be implemented within ten (10) years: Provided, That payments for
amortization of outstanding multi-year contract obligations incurred under the PNP Revitalization
and Capability Enhancement Program may be extended beyond this period.

Sec. 9. The PNP RACE Trust Fund. - There is hereby created a trust fund, to be known as
the PNP RACE Trust Fund. Said Trust Fund, which shall be used exclusively for the PNP
Revitalization and Capability Enhancement Program, including all necessary expenses to
implement equipment acquisition and upgrading and infrastructure and facilities development
shall be funded out of the following:

a. Appropriations for police capability enhancement and construction of police
stations;

b. Portion of proceeds from the implementation of the National Police Clearance
System;

c Portion of proceeds of the License to Own and Possess Firearms License Fees;

d. Proceeds from the disposal of excess and/or uneconomically repairable

equipment and other movable assets of the PNP;
e. Funds from budgetary surplus, if any, as may be authorized by Congress;

f. Donations coming from local and foreign sources, specifically earmarked to be
used for the PNP Revitalization and Capability Enhancement Program; and

g. __Allinterest income of the Trust Fund.

Funds from the foregoing sources, regardless of income source, shall be directly deposited
to a special account in the general fund created specifically for the PNP Revitalization and


Capability Enhancement Program. The corresponding allotment and cash allocation shall be
released directly to the PNP and transferred to the PNP RACE Trust Fund, and shall be
administered by the Chief of the PNP in accordance with existing government budgeting and
auditing rules and regulations. The PNP shall conduct periodic studies on how additional revenues
can be generated to fund the PNP Revitalization and Capability Enhancement Program and how
to maximize the utilization of the trust fund.

Sec. 10. Appropriations for the PNP Revitalization and Capability Enhancement
Program. - The annual appropriations for the PNP Revitalization and Capability Enhancement
Program shall include the amounts necessary to support the funding requirements for the
programs, projects, and activities submitted to Congress under Section 7.

Under the Program, the initial amount necessary to support the funding requirements for
basic equipage fill-up and establishment of standard infrastructure and basic facilities shall be
funded from the existing police capability enhancement funds, police station construction funds,
and such additional funds as Congress may appropriate thereafter. The PNP Revitalization and
Capability Enhancement Program shall be based on an amount of at least One Hundred Billion
Pesos (Php100,000,000,000.00), for the full period of implementation.

Whenever deemed necessary, in order to expedite full implementation of the Program,
the Chief of the PNP may, subject to the approval of the President and consistent with the
provisions of existing laws, including Commission on Audit rules and regulations, under such
terms and conditions most favorable to the government, enter into multi-year contracts and
other contractual arrangements. The Chief of the PNP shall submit to the Congressional Oversight
Committee, the Secretary of the DBM, and the Secretary of the Department of Finance, copies of
these multi-year contracts and other contractual arrangements to enable Congress to appropriate
necessary funds. For this purpose, Congress shall, upon issuance of a multi-year obligation
authority by the DBM and certification by the President, make the corresponding appropriations
for the ensuing fiscal years, to cover multi-year obligations.

The funds appropriated by Congress under this Act shall be treated as a distinct and
separate budget item from the regular appropriations for the PNP.

Sec. 11. Tax Treatment of the Purchase and Importation of the PNP, - All internal revenue
tax and duty obligations from the purchase and importation of munitions and ordnance,
firepower and weapons, transportation and mobility assets, communication, intelligence,
investigative and forensic equipment and other equipment by the PNP, under the Revitalization
and Capability Enhancement Program, where such acquisition directly or exclusively relates to
the performance of its police and law enforcement functions; or may be needed in public
transactions; or in the pursuit of any government undertaking, shall be chargeable to the tax
expenditure fund provided for in the General Appropriations Act.

Donations made to the PNP to be used actually, directly, and exclusively for its
Revitalization and Capability Enhancement Program shall be exempt from donor's tax and the


same shall be considered as allowable deduction from the gross income of the donor for purposes
of computing taxable income in accordance with the provisions of the National Internal Revenue
Code of 1997, as amended. Likewise, donations from foreign sources shall be exempt from value-
added tax and customs duties.

Sec. 12. Local Government Support Through Local Development Plans. - In the
formulation of their respective socio-economic local development programs, all provincial, city,
and municipal development councils shall allocate in their comprehensive land use plans such
adequate, suitable, and accessible lands for the establishment of basic police infrastructure and
support facilities within their areas of jurisdi:

ion.

Regional Development Councils shall ensure that allocation of such lands for use of local
police forces and other police support units are included in the approved socio-economic local
development programs of provinces and cities prior to integration into their respective Regional
Development Plans and subsequent submission to the National Economic and Development
Authority.

Within one hundred twenty (120) days from the effectivity of this Act, the Chief of the
PNP shall submit to the NAPOLCOM such guidelines and parameters governing the allocation of
land for the police, for approval and implementation.

In effecting land allocation for local police forces and other police support units, local
government units may, in addition to making donation and granting usufruct, enter into
negotiated sale or exercise the inherent power of eminent domain, in accordance with existing
laws.

Sec. 13. Local Fund Support for Police Capability Enhancement. Provincial, city, and
municipal governments may also allocate funds to augment the capability enhancement and
modernization of the police, within their jurisdiction, and as aligned with their respective socio-
economic development thrusts.

Sec. 14. Land Acquisition and 1g - Other than through donation, or in cases where
local government units have inadequate, unsuitable, or inaccessible lots to allocate, the PNP may
acquire lands as site or location for the establishment of standard police infrastructure and basic
and support facilities, and cause the titling thereof under the name of the PNP or its subordinate
police offices and units, as well as right-of-way, through negotiated sale.

Sec, 15. Engineering and Administrative Overhead (EAO) and Project Related Expenses.
- For construction projects undertaken under this Act, the PNP is authorized to deduct
percentages from the appropriated funds, to be used for EAO and other project related expenses
to cover lot readiness activities; pre-construction activities after detailed engineering;
construction project management; and contingencies.

The EAO and project related expenses shall be reflected in the program of work for the
police construction project concerned, and treated or booked-up as capitalized expenditures, to


form part of the project cost. The program of work shall include, but not be limited to, estimates
of work items; quantities and costs, schedule of activities, and disbursements.

Within one hundred twenty (120) days from the effectivity of this Act, the Chief of the
PNP shall prescribe rationalized percentages authorized to be deducted, and the detailed items
of expenditures for its utilization.

Sec. 16. Congressional Oversight Committee. — There is hereby created a Congressional
Oversight Committee upon the effectivity of this Act to monitor and oversee the implementation
of the provisions of this Act.

It shall be composed of four (4) members from the House of Representatives and four (4)
members from the Senate with the Chairpersons of the Committee on Public Order and Safety
and the Committee on Public Order and Dangerous Drugs of each Chamber, respectively, as Joint
Chairpersons. The three (3) other members, with the inclusion of the Chairperson of the
Committee on Dangerous Drugs, representing the House of Representatives, shall be designated
by the Speaker of the House of Representatives, while the three (3) other members from the
Senate shall be designated by the Senate President. The Minority shall have at least one (1)
representative from each Chamber.

Sec. 17. Program Modification. - In the exigency of the service or whenever necessary to
address unforeseen emergencies to curb transnational crime; emerging forms of criminality;
insurgency, terrorism and other serious threats to internal security, or to satisfy delivery of public
safety services, the Chief of the PNP may modify, through substitution or revision, a component
project in the Revitalization and Capability Enhancement Program, subject to the favorable
endorsement of the NAPOLCOM, for the President's approval. Within thirty (30) days from such
approval, the Chief of the PNP shall report such program modification to Congress, through the
Congressional Oversight Committee.

Sec. 18. Fund Augmentation. - During program implementation, a member of Congress
may endorse an equipment for acquisition and provide fund augmentation, or submit a substitute
or additional infrastructure construction project, with fund augmentation, subject to existing
laws, NAPOLCOM rules and regulations, and PNP policies, for his congressional district, if a
member of the House of Representatives, or in any congressional district, if a member of the
Senate, to be supported out of their respective Congressional Initiative Allocation or by Congress-
introduced increases in appropriations.

Sec. 19. Annual Reports. - Within the first quarter of the succeeding year of
implementation, the Chief of the PNP shall submit to the President and Congress, through the
Chairperson of the NAPOLCOM, an annual report on the progress of the implementation of the
Revitalization and Capability Enhancement Program.

Sec. 20. Sunset Review. - After five (5) years following its effectivity, or as the need arises,
the Congressional Oversight Committee shall conduct a sunset review of this Act, to systematically


evaluate the accomplishments under the Revitalization and Capability Enhancement Program and
its impact on the PNP organizational structure, institutional mechanisms, and performance of
functions, for purposes of determining and effecting remedial legislation.

Sec. 21. Implementing Rules and Regulations- Within sixty (60) days from the approval of
this Act, the PNP shall, in consultation with the NAPOLCOM and the DBM, formulate the
implementing rules and regulations for the effective implementation of this Act.

Sec. 22. Separability Clause. - If any provision of this Act shall be held unconstitutional or
invalid, the other provisions not otherwise affected shall remain in full force and effect.

Sec. 23. Repealing Clause. - All laws, executive orders, rules and regulations inconsistent
with or contrary to this Act, are hereby deemed repealed or modified accordingly.

Sec. 24, Effectivity Clause. - This Act shall take effect after fifteen (15) days after its
complete publication in the Official Gazette or in a newspaper of general circulation.

Approved,