Introduced hv Senator Aaoilino 0. 
Pirnmtel. Jr. 
EXPLANATORY N07‘E 
‘l‘h(, ?!dippine National Police (1°F’) 
has been tagged by the United States State 
DcparlincJ1.t as one of thc worst human rights violators here in the country. The State 
Dcpnrlnient, in its Country Rcports on lluman Rights Practices, cited that “thc Philippine 
Nationnl Police (PNP) has dccp- rooted institutional dcficicncies and suffers fkom a 
wic!c!y-held and accurate pilblic pcrception that it is corrupt.” 
Thc creation or an intlcpcncient police commission, to investigate and adjudicate 
arlniiiiistrativc cases filed against tnenibcrs and officcrs tJicreof, tnost especially those 
involving liuman rights violations committed against ordinary civilians would probably 
detcr the abuses, corruption and othcr anomalics perpetuated by policc offccrs. The 
present organizational structure vcsts this jurisdiction upon an administrative machinery 
which is composed or adjudicators from within the ranks of the PNP. Such a scenario 
compromises the conslitulional guaranty of the “c,old impartiality of n neutral judge,” 
which is assiirrd in all adversarial proceedings. 
This hill proposes thc creation of the Iiidcpcndent Policc Control Commission, 
(IPK) which s!iall linvc tlic power 
10 determine, investigate and adjndicate 
adininistralivc cascs involving scrious misconduct, torture and abuse committed by any 
nieinher or officcr of the Philippine National Police. (1’NP) To eiisure its indcpendcnce, 
the Commission shall bc purely civilian in character. and tbe Chairperson and 
Comniissioiicrs thcreoC shall not have heen actively engagcd in any policc or military 
service at any time. 
Hence, iinmcdiate passage of this hill is carnestly sought. 


lntroduccd by Scnator Aqadino Q. Pirnentcl, Jr. 
AN ACT CREATING TI IE INT)EPT~NllENI‘ POI ,ICE CONTROL COMMISSION, 
API’ROPJUATING FI JNDS TIIEREFOR, AND FOR OTJIER PURPOSES 
l3e il cnnclcd by fhc Srnntc m i l  the I l o ~ i . ~  
of Repmrentaiives of lhc Philippines in 
Congress nssemliled: 
SECTION 1. Declaration of State Policy. -- The State values the dignity of every 
linman person and guarantces fiill respect Cor human rights. Every citizen has the right to 
bc protectcd against any I‘orm of torture, abusc, violcncc, intimidation or any othcr means 
to vitiofe his ficc will committed againsl his person, at any time, even under the custody 
of police ofticcrs during arrest or dctcntion. 
SEC. 2. Creation of t!ic Jndependent Policc Control Commission. In pursuance 
with the almve-mentioned policics, the Independcnt Police Control Commission is hereby 
crentcd. 
SEC 3. Definition of Terms. The following tcrms, as used in this Act, are hereby 
dcfillcci 
I-OIIOWS: 
a. 
“Abuse” refcrs to any act by decds or words which physically or 
psychologically dchnses, degradcs or demeans the intrinsic worth and 
dignity oC an individual as a human being; 
“Serious Misconduct“ refcrs to any act of a member of the Pltilippine 
National Policc (J’NP) employing excessive force, harassment or 
abusivc bchnvior. It could also include unlawful arrest or any act 
decincd as a tr<msgrcssion of one’s consiituiional rights. 
“Commission” rcfcrs to the Tndcpcndcnt Police Control Commission; 
b. 
C. 
(1. 
“Police” rcfcrs to any memhcr or officer of the l’hilippinc National 
Police (PNP); 
“Substantid F,vidence” refers to such relevant cvidence as a reasonable 
mind might accept as ackqiiatc to support a conclusion; 
e. 
SEC. 4. Composition oC the Commission. The Independent Police Control 
Commission is a co!lcgial body wliic!~ shall be composed of a Chairperson and two (2) 
Commissioncrs, one 01‘ whoin mn$t he n woman, must be natural-born citizens of the 
Philippincs, at least forty (40) ycars of age, of proven probity and integrity and must have 
been a‘ctively involved in hunian rights protection and promotion activities for at least ten 
rs. Thc Clinirpcrson and (‘omrnissioncrs shall be chosen from a list or nominees 
cclion rniiimif(cc cwiiposcd o! reyrcscnhtiics of‘ Cominirsion on 
1 fli!2afi P.ig;l?ts iin(i im? .go~ic~nrnental 
~ ~ p - t i ~ , , a ~ i m ?  
engaged in the prorect,ion 01‘ human 
rig,hts. 


Tlic Cominission shall he civi1i:un in charactcr, and shall maintain independence 
From any infl:iciice or the Pliilippinc Na~icnal Police. (PNP) Tlic Chairperson and 
Canimissioncrs Lliereof must not have hccn activc!y engaged in any ltind of police or 
military .service at any limr. nor candidalcs fix any clcctive position in the imnicdiately 
preceding nalional or loc~! clcctions. 
’ 
’ SEC 4. Salary, Rctii-cinent and othcr Privileges oI‘ the Chairperson and 
Commissioners. 7‘hc Chairperson and Commissioners of the Commission shall receive 
th6 !mii(! salary and privileges as the Chairpersons arid Commissioners, respectively, of 
the Constitutional Commissicins, w!iicli shall not bc decreased during their term of office. 
Likcwisc. tlicy shall reccivc tlie same retirement benefits as that of Constitutional 
Chairpcrson and Commissioncrs as provided by l a w  existing at the time of expiration of 
their tcrm of oflice. 
SEC. 5. Appoinlment and Tcrm of Onice. The Chairpcrson and the 
Coinmissioncrs shall bc appointed by thc President for a tcrm o f  seven years without 
reappointment. O f  those first appointcd, :hc Chairpcrson shall hold officc for seven years, 
one Commissioner for five years, and the other Commissioner for three $.ears, withont 
reappointment. Appointment to any vacancy shall he only for the unexpired portion of the 
term of the predecessor. In no case shall any Commissioner be appointed or designated in 
a temporary or acting capacity. 
SEC. 6. Who May File A Complaint. The following may file a complaint before 
the Commission: 
1. Any pcrson who has bcen a victim or an act or abuse, serious misconduct or 
torture committed by a nicmber of the Philippine National Police (PNP) 
2. Any person who was present when the alleged act of abuse, serious misconduct or 
torture took plaecI or any pmon who has probahle cause to believc based on 
personal knowledge of facts or circumstances that an act of abnse, serious 
misconduct or torture has been committed. 
SIX. 7. Jurisdiction of the Commission. l‘lie Commission is hereby vested with 
primary original and exclusive jurisdiction to determine, invcstigate and adjudicate 
administrative cases involving abnse, scrions misconduct or torture committed by any 
menibcr or officer of the Philippine National Police, (PNP), other than those defined as 
minor offcnses in Section 52 of Ilqxibljc Act No. 8551, otherwisc known as “ An Act 
Providing for the Reform and Rcorganizalion of the Philippine National Police and for 
Othcr Purposes, Amending Certain Provisions of Republic Act Numbered Sixty-Nine 
Hundred and Seventy-Fivc Entitled, “An Act Establishing the Philippine National Police 
Under A Reorganized DeparLmcnt of the Interior and Local Government, and For Other 
f’urposes.” 
Suhjcct to the csscntial requircmcnts o f  dnc process, it shall not be bound by 
technical rulcs o f  procedure but sliall proceed to hear and decide cases or controversies 
filed berorc it in a most cxpeditious manner, employing all reasonablc means to ascertain 
the facts of every case in accordance with justicc and equity and the merits of‘the ease. 
The findings offact shall be filial and conclnsivc if based on substantial evidence. 
Thc administrative proceeding shall he conducted without prejudice to the filing 
of any civil ‘or criniinal complaint against the mcmber of the Philippine National Police 
(I’NP) heforc thc Regional ?‘rial Court (RTC) 
or the Sandiganbayan, as the ease may be. 
C. 8. Ji~!ki:al R:i.-.ic\?;. Tn connei:limi will1 its ( ~ L i ~ ~ ~ . . . j i i ~ ~ ~ ~ i ~ ~ . l  
power; any 
<!~:t:i:;mn, ~ i l w ,  
a(?j~itii::?iic~n. and!c?r n:’,lb?i; 01’ ~ h c  
Cornmis.;ici;l may be brought tu the 
. .  
”
.
 
Court oi;Appeals on certiorari within fifteen (15j days from receipt ofa copy thereof. 


S13C. 9. Appea!~. An appeal from the dccision o f  thc Court or Appeals shall be by 
pcti!ioci f(ir review wit11 Suprcmc Court within a non.-extcndihle period of fifteen (1 5) 
days fioin rcccipt of a copy d i h e  said tlccision. 
SI:(:. 
IO. 
Tmplemcn!ing~ Rulcs and Regu!ations. 
Thc Commission on IIuman 
Righ!s shall he tiislted lo draft thc implcmenting rrilcs and rcgilations of this Act sixty 
(6O)da~s fiom the efil.ctivi!y orthis Act. 
SIT. 1 1 ..A]?prop~i~i~ioiis. 
The arnount of ten million pesos (P10,000,000.00) from 
funtl:;'of the National 'Treasury not otherwise appropriated is hereby appropriatcd for thc 
initial operalions of thc Commission. 'Thereafter, such sums as may he necessary for the 
full implr!iientation of this Act shall he included in the annual tieiieral Appropriations 
Act. 
SIX. 12. Scparability ClauseL If any provision of this Act shall bc held 
uncoiistitutional, other provisions not afkcted thereby shall remain valid and binding. 
SEC. 13. Repeaiing C~l;iusc. Sections 5?,53 and 54 of IZepiiblic Act No. 8551, 
othcrwisc known R S  " An Act Providing for the Reform and Reorganization of the 
Philippinr, National Police and for Other Purposcs, Amcnding Certain Provisions of 
Republic Act Numbered SixtyNine Ilnndred and Seventy-Five Entilled, "An Act 
Estnblishing the Plii!ippine National Poljce llnder A I<corganized Depatinent ol' the 
Interior and 1,ocal Government, and For Other Purposes," and all other laws, presidential 
dccrees, letters o f  instructions, executive orders, rules and regulations insofar as thcy arc 
inconsistent with this Act arc bcrcby repealcd or amended, as the case may be. 
SI:C. 14. Effectivity, 'This Act sh;rll takc cffcct after fifteen (15) days following its 
publication in the Olkial Crmttc or in two (2) newspapers o f  general circulation in the 
PMippines. 
Approved.