HOUSE \F REPRESENTATIVES
RECEIVED
= pare: 30 JUN 2016
Republic of the Philippine TMP; )¥4
House of Representatives py:
Quezon City, Metro vente

REGISTRATION UNIT
BILLS AND INDEX SERVICE

Seventeenth Congress ©
First Regular Session

.
HOUSE BILLNO, 729)

reduced by Hon. Kario Alexei B. Nograies and Hon. Jericho Jonas B.
Nograies

=)

EXPLANATORY NOTE

seeks to strengthen the Internal Affairs Service (IAS) of the
¢ National Police (PNP), amending for the purpose Republic Act No.
ne known as the “Philippine National Police Reform and
Reorganization Act of 1998.”

The Internal Affairs Service (IAS) of the PNP is an essential part of the
disciplinary mechanism of the PNP. It serves as the monitoring body of the
wacter and behavior of all policemen and operates as the investigating and
‘atory body on all administrative offenses committed by PNP personnel.

As the office that oversees the conduct of the uniformed personnel, the
hould be free fom any influence, pressure and intervention from the
\P and other high ranking PNP officers in adjudicating administrative
Placing the IAS under the direct supervision of the Secretary of the
and Local Government will make the PNP-IAS an independent,
partial, effective and effici ional guardian of integrity.

Hence, approval of this bill is eamestly requested.

KAREO ALEXEI B. NOGRALES JERICHOUY As B. NOGRALES


Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

House BLLNo.__7°9

Introduced by Honorable Karlo Alexei B. Nograles and Hon. Jericho Jonas
B. Nograles

AN ACT
STRENGTHENING THE INTERNAL AFFAIRS SERVICE (IAS) OF
THE PHILIPPINE NATIONAL POLICE, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 8551, OTHERWISE KNOWN AS THE
“PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION
ACT OF 1998”

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

SECTION 1. Section 39 of Republic Act No. 8551 is hereby amended to
read as follows:
“TITLE V
Internal Affairs Service
SEC. 39. Creation, Powers and Functions. — An Internal Affairs
Service (IAS) of the PNP is hereby created which shall:] AN
INDEPENDENT, IMPARTIAL, EFFECTIVE AND EFFICIENT

INSTITUTIONAL GUARDIAN OF INTEGRITY. THE IAS SHALL BE


UNDER THE DIRECT SUPERVISION OF THE SECRETARY OF THE
INTERIOR AND LOCAL GOVERNMENT AND SHALL BE AN
ESSENTIAL PART OF THE DISCIPLINARY MECHANISM OF THE
PNP.

THE IAS SHALL EXERCISE THE FOLLOWING POWERS AND

FUNCTIONS:
a) Xxx XXX XXX
b) xxx Xxx Xxx

c) conduct summary hearings on PNP members facing
administrative charges AND ADJUDICATE WITH FINALITY THE
ADMINISTRATIVE CASES FILED BEFORE THE IAS;

d) submit a periodic report on the assessment, analysis and
evaluation of the character and behavior of PNP personnel and units to
the [Chief PNP] SECRETARY OF THE INTERIOR AND LOCAL
GOVERNMENT and the Commission FOR CONSIDERATION IN
THE SELECTION AND PROMOTION OF PNP PERSONNEL;

©) xxx XXX XXX

f) provide assistance to the Office of the Ombudsman AND
OTHER PNP DISCIPLINARY OFFICES in cases involving the
personnel of the PNP;

G) RECOMMEND THE ADMISSION OF WITNESSES

TO THE WITNESS PROTECTION PROGRAM OF THE


DEPARTMENT OF JUSTICE WHO ARE VITAL TO THE
EFFECTIVE PROSECUTION OF PNP PERSONNEL INVOLVED IN
CRIMINAL CASES.

The IAS shall also conduct, motu propio, automatic investigation
of the following cases INVOLVING UNIFORMED PNP PERSONNEL

a) XXX XXX XXX

b) incidents where death, serious physical injury, or any
violation of human rights occurred in the conduct of a police operation
OR OTHER ACTIVITIES INVOLVING POLICE PERSONNEL;

c) XXX XXX XXX

d) incidents where a suspect in the custody of the police DIED

OR was seriously i

jured; [and]

e) incidents where the established [rules of engagement have]
PNP OPERATIONAL PROCEDURE HAD been violated[.]; AND

F) ALL ANOMALIES, IRREGULARITIES AND ILLEGAL
ACTIVITIES INVOLVING UNIFORMED PERSONNEL.

Finally, the IAS shall provide documents or recommendation as
regards to the promotion of the members of the PNP or the assignment of
PNP personnel to any key position.

SECTION 40. Organization. — National, regional, and provincial,
CITY AND DISTRICT offices of the Internal Affairs shall be

established. Internal Affairs Service shall be headed by an Inspector


General who shall be assisted by a Deputy Inspector general, WHO IS A
UNIFORMED PERSONNEL. The REGIONAL [area] offices shall be
headed by a DIRECTOR, [Superintendent] WHILE THE
PROVINCIAL, CITY AND DISTRICT OFFICES SHALL BE
HEADED BY A SUPERINTENDENT OR SENIOR IAS NON
UNIFORMED PERSONNEL OF EQUIVALENT RANK AND
SALARY GRADE, UPON THE RECOMMENDATION OF THE
IAS PLACEMENT BOARD. Provided that the head of the Internal
Affairs Service shall be a civilian who shall meet the qualification
requirements provided herein.

THE IAS SHALL ESTABLISH A RATIONALIZED
STAFFING PATTERN OR ORGANIZATIONAL STRUCTURE,
AND SHALL HAVE SEPARATE RECRUITMENT QUOTA FOR
POLICE OFFICER 1 AND NON UNIFORMED PERSONNEL
(NUP), SUBJECT TO THE APPROVAL OF THE OFFICE OF THE
SILG. HOWEVER, THE SYSTEM OF PAY AND ALLOWANCES,
PROMOTION, ATTRITION AND PERSONNEL CAREER
DEVELOPMENT AS WELL AS RETIREMENT AND
SEPARATION PROGRAM FOR BOTH UP (UNIFORMED
PERSONNEL) AND NUP (NON UNIFORMED PERSONNEL)
SHALL BE PATTERNED AFTER THE PNP. THE AUTHORIZED

PERSONNEL STRENGTH OF IAS SHALL NOT EXCEED TWO


PERCENT (2%) OF THE TOTAL STRENGTH OF THE PNP. THE
NUP ALLOCATION SHALL NOT EXCEED FORTY PERCENT
(40%) OF [AS PERSONNEL STRENGTH.

THE IAS SHALL HAVE A SEPARATE FINANCIAL AND
LOGISTIC MANAGEMENT AND SERVICES PROGRAM SUBJECT
TO THE APPROVAL OF THE SILG. THE BUDGETARY
REQUIREMENT OF IAS SHALL BE SEPARATE AND DISTINCT
FROM THE PNP, AND SHALL BE INCLUDED INTO THE ANNUAL
GENERAL APPROPRIATION ACT (GAA) OF THE YEAR
FOLLOWING ITS ENACTMENT INTO LAW.

SEC. 2. Section 41 of the same Act is hereby amended to read as
follows:

“SEC. 41. Appointment. ~ The Inspector General (IG) shall
be appointed by the President upon the recommendation of the
[Director General] SECRETARY OF THE INTERIOR AND
LOCAL GOVERNMENT [and duly endorsed by the
Commission]. Appointments of personnel who shall occupy
various positions shall be made by the IG and shall be based on the
established career pattern and criteria to be promulgated by the

[Commission] IAS.


THE INSPECTOR GENERAL SHALL SERVE FOR A
TERM OF SIX (6) YEARS WITHOUT REAPPOINTMENT OR
EXTENSION.

TO BE APPOINTED INSPECTOR GENERAL OF
THE IAS, MUST BE: (A) A CITIZEN OF THE
PHILIPPINES; (B) A MEMBER OF THE PHILIPPINE BAR
WITH AT LEAST FIVE (5) YEARS OF EXPERIENCE IN
HANDLING CRIMINAL OR ADMINISTRATIVE CASES;
AND (C) NOT AN ACTIVE UNIFORMED PERSONNEL OF
THE PNP.”

SECTION 42. Entry qualification to IAS — Entry or
TRANSFER to the Internal Affairs Service shall be voluntary and
subject to rigid screening where only PNP personnel who have at
least five (5) years experience in POLICE INVESTIGATION
[law enforcement] and who have no derogatory service records
shall be considered for appointment: Provided, THAT PNP
UNIFORMED PERSONNEL JOINING IAS MUST HAVE
AT LEAST TEN (10) REMAINING YEARS IN THE
SERVICE: PROVIDED FURTHER, THAT CIVILIAN
RECRUITED INTO THE IAS AS POLICE OFFICERS 1 OR
NUPs, SHALL POSSESS THE SAME QUALIFICATIONS,

ELIGIBILITIES, AND SHALL UNDERGO SCREENING


PROCEDURES AND SERVICE TRAININGS FOR POI AND
NUP SET FORTH BY THE PNP AND THE COMMISSION.
MEMBERS OF THE BAR, AND GRADUATES OF OTHER
RELATED DISCIPLINES [that member of the Bar] may enter
the service laterally. THE IAS SHALL BE ALLOCATED
APPROPRIATE QUOTA OF PNPA GRADUATES PER
YEAR.

SECTION 43. [Initial] Appointments to the National,
Directorial, and Provincial Internal Affairs Service Office- [Initial]
Appointments of the heads of the offices in the Internal Affairs
Service shall be APPROVED BY THE IG, IAS. [made by the
President upon recommendation by the Commission. Thereafter,].
Appointments and promotions to the Service shall follow the
GENERAL PRINCIPLES OF THE PROMOTION SYSTEM
IN THE PNP WITH IG AS THE
APPROVING/APPOINTING AUTHORITY. _ [established
requirements and procedures. ]

SECTION 45. RETIREMENT.- UNIFORMED IAS
PERSONNEL SHALL BE UPON THE ATTAINMENT OF
AGE FIFTY SIX (56).

SECTION 46. Prohibition. ~ ALL PNP personnel who join

the IAS SHALL BE BARRED [may not] thereafter FROM


joinING any other unit of the PNP. Neither shall any personnel of

2 IAS be allowed to sit in a committee deliberating on the
appointment, promotion, assignment of any PNP personnel.

SECTION 47. Career Development and Incentives.- (1)
Personnel of the Internal Affairs Service shall in addition to other
PAY and allowances authorized under existing laws be granted
Occupational Specialty Pay (OSP) which shall [not exceed]
AMOUNT TO fifty percent (50%) of their basic pay WHICH
SHALL BE PAID SEMI-ANNUALLY AND SHALL BE
INCLUDED AS SEPARATE LINE ITEM IN GENERAL
APPROPRIATION ACT (GAA). This pay shall not be
considered a forfeiture of other remuneration and allowances
which are allowed under existing laws. (2) IAS [members]
PERSONNEL shall [also have priorities in the] BE
ALLOCATED A quota BY THE PNP [allocation] for training
and education, BOTH LOCAL AND FOREIGN, AS PART OF
THEIR CAREER ADVANCEMENT.

SECTION 48. Records Management of the IAS.-
NATIONAL, REGIONAL, PROVINCIAL, CITY AND
DISTRICT [Local] Internal Affairs Offices shall MAINTAIN
AND [be responsible for the maintenance and] update [of] the

ADMINISTRATIVE CASE AND PROFILE/records of the


members of the PNP within their jurisdiction. THE IAS SHALL

NOT BE DENIED ACCESS BY THE PNP UNIT

HEAD/CHIEF, UPON REQUEST OF SAID DOCUMENTS

FOR THIS PURPOSE.

SECTION 49. [Inclusion of Supervisors and Superiors in IAS
Investigations.- The immediate superior or supervisor of the personnel or units
being investigated under the preceding section shall be automatically included
in the investigation of the IAS to exclusively determine lapses in administration
or supervision.] ANY UNIFORMED PNP PERSONNEL FOUND GUILTY
OF ANY CASES MENTIONED IN SEC. 39 OF THIS ACT SHALL BE
METED OUT THE PENALTY OF DISMISSAL OR DEMOTION, AS
THE CASE MAY BE. THE IMMEDIATE SUPERIOR OR SUPERVISOR
OF THE PERSONNEL OR UNITS BEING INVESTIGATED UNDER
THE PRECEDING SECTION SHALL BE AUTOMATICALLY
INCLUDED IN THE INVESTIGATION OF THE IAS TO DETERMINE
IF SUCH IMEMDIATE SUPERIOR OR SUPERVISOR HAS
CONSPIRED OR CONDONED TO THE COMMISSION OF SUCH ACT
OR IS FOUND TO BE GROSSLY NEGLIGENT IN THE EXERCISE OF
HIS ADMINISTRATIVE AND/OR SUPERVISORY FUCTION TO
PREVENT THE COMMISSION OF THE ACT.

SECTION 50. Disciplinary Recommendations of the IAS.-

a) Any uniformed PNP personnel found guilty of any of the cases


mentioned in Section 39 of this Act and any immediate superior or
supervisor found negligent under Section 48 shall be
[recommended] automatically [for] dismiss[al]ED FROM THE
SERVICE or demot{ion]ED, as the case may be.

b) [Recommendations by] DECISIONS OF the IAS for
the imposition of disciplinary measures against an erring PNP
personnel [once final, cannot be revised, set-aside, or unduly
delayed] SHALL BE IMMEDIATELY IMPLEMENTED by
[any] THE disciplining authority [without just cause]. Any
disciplining authority who fails to act or who acts with abuse of
discretion on the [recommendation] DECISIONS of the IAS shall
be made liable for gross neglect of duty. The case of erring
disciplining authority shall be submitted to the [Director General]
SECRETARY OF THE INTERIOR AND LOCAL
GOVERNMENT for proper disposition.”

SECTION 51. Appeals. decision rendered by the
[provincial inspectors]PROVINCIAL INTERNAL AFFAIRS
SERVICE shall be forwarded to the [AreaJREGIONAL Internal
Affair Office for review within ten (10) working days upon receipt
thereof. Decision of the [area] REGIONAL IAS [office] may be
appealed to the National [office] IAS through the Office of

Inspector general OR TO THE CHAIRMAN, REGIONAL


APPELATE BOARD (RAB). Decisions rendered by the National
IAS shall be appealed to the National Appellate Board or to the
REGULAR court as may be appropriate. [: Provided, That the
summary dismissal powers of the Director General and regional
Directors as provided in Section 42 of RA 6975 shall remain valid:
Provided, further, That the existing jurisdiction over offenses as
provided under RA 6975 shall not be affected.]

SECTION 51. Complaints against IAS. — A complaint
against any personnel or office of IAS shall be brought to the
Inspector General's Office or to the [Commission] OFFICE OF
THE SILG as may be appropriate.

TITLE VI
DISCIPLINARY MECHANISM

SECTION 52. Section 41 of republic Act 6975 is hereby amended

as follows:

S

ction 5

(a). Citizen’s Complaint- Any complaint by a natural or
juridical person against any member of the PNP CAN BE [shall be] brought
before the following:

(1) xxx XXX XXX

(2) xxx XXX XXX

(3) xxx XXX XXX


(4)INTERNAL AFFAIRS SERVICE WHICH HAS
TERRITORIAL JURISDICTION OF THE OFFENSE.

The Commission, TOGETHER WITH THE IAS, shall provide in its
implementing rules and regulations a scale of penalties to be imposed upon any
member of the PNP under this section.

srnal Discipline. - On dealing with minor offenses involving
internal discipline found to have been committed by any regular member of
their resp commands, the duly designated supervisors and equivalent

ficers of the PNP shall, after due notice and summary hearing, exercise
inary powers as follows:

(1) Chief of police or equivalent supervisors may summarily
impose the administrative punishment of admonition or
reprimand; restriction to specified limits; withholding of
privileges: forfeiture of salary or suspension; or any of
the combination of the foregoing; Provided, That, in all
cases, the total period shall not exceed fifteen (15) days;

(2) Provincial directors or equivalent supervisors may
summarily impose the administrative punishment of
admonition or reprimand; restrictive custody;
withholding of privileges; forfeiture of salary or
suspension, or any combination of the foregoing;
Provided, That in all cases, the total period shall not
exceed thirty (30) days;

(3) Police regional directors or equivalent supervisor shall
have the power to impose upon any member the
disciplinary punishment of dismissal from the service
He may also impose the administrative punishment of
admonition or reprimand; restrictive custody:
withholding of privileges; suspension or forfeiture of
salary; demotion; or any combination of the foregoing:
Provided, that, in all cases, the total period shall not
exceed sixty (60) days;

(4) The Chief of the PNP shall have the power to impose the
disciplinary punishment of dismissal from the service;
suspension or forfeiture of salary; or any combination
thereof for a period not exceeding one hundred eighty
(180) days; Provided, further, That the Chief of the PNP


shall have the authority to place police personnel under
restrictive custody during the pendency of a grave
administrative case filed against him or even after filing
of a criminal complaint, grave in nature, against such
police personnel.

(INTERNAL AFFAIRS SERVICE WHICH HAS
TERRITORIAL JURISDICTION OF THE OFFENSE.

(c) Exclusive Jurisdiction. - A complaint or a charge filed against a PNP
member shall be heard and decided exclusively by the [AS OFFICE WHERE
THE COMPLAINT WAS FIRST FILED OR TAKEN COGNIZANCE,
[disciplining authority who has acquired original jurisdiction over the case and]
notwithstanding the existence of concurrent jurisdiction OF OTHER
DISCIPLINARY AUTHORITY, as regards the offense: Provided, That THE
PENALTIES IMPOSE ON THESE offenses which carry higher penalties
referred to a disciplining authority shall be referred to SHALL BE
REFERRED TO appropriate authority [which has jurisdiction over the
offense] FOR IMPLEMENTATION.

“For purpose of this Act, a ‘minor offense’ shall refer to any act or omission not
involving moral turpitude, but affecting the internal discipline of the PNP, and
shall include, but not limited to:

“(1) Simple Misconduct or negligence;

“(2) Insubordination;

“(3) Frequent absence and tardiness;

“(4) Habitual drunkenness; and

(5) Gambl

prohibited by law.

m shopping of multiple filing of complaints. — When an administrative
s filed with a police disciplinary authority, such as the People’s Law
Enforcement Board (PLEB), no other case involving the same cause of action
shall be filled with any other disciplinary authority.

“In order to prevent forum shopping or multiple filing of complaints, the
complaint or party seeking relief in the complaint shall certify under oath in
such pleading, or in a sworn certification annexed thereto and simultaneously
filed therewith, to the truth of the following facts and undertaking:


“(A) that he has not herefore commenced any other action or proceeding,
involving the same issues in other disciplinary forum;

“(b) That the best of his knowledge, no such action or proceeding is
pending in other police administrative disciplinary machinery or
authority;

“(c) That if there is any such action or proceeding which is either pending
or may have been terminated, he must state the status thereof and;

“(d) that if he should thereafter learn that a similar action or proceeding
has been filed or is pending before any other police disciplinary
authority, he must undertake to report that fact within five (5) days there
from to the disciplinary authority where the original complaint or
DI 1g has been filed.”

SECTION 53. Section 42 of Republic Act No. 6975 is hereby amended as
follows:

“SEC. 42, Summary Dismissal Power of the National Police
Commission, PNP Chief and PNP Regional Directors AND IAS INSPECTOR
GENERAL ~ The National Police Commission, the chief of the PNP and PNP
regional Directors AND INSPECTOR GENERAL OF IAS, after due notice
and summary hearings, may immediately remove or dismiss any respondent
PNP member in any of the following cases:

(A) when the charge is serious and the evidence of guilt is strong;
“(b) When the respondent is a recidivist or has been repeatedly charged
and there are reasonable grounds to believe that he is guilty of the

charges;

“(c) When the respondent is guilty of serious offense involving conduct
unbecoming of a police officer.

“Any member or officer of the PNP who shall go on absence without leave
(AWOL) for a continuous period of thirty (30) days or more shall be dismissed
immediately from the service. His activities and whereabouts during the period
shall be investigated and if found to have committed a crime, he shall be
prosecuted accordingly.”

SECTION 54. Section 44 of Republic Act No. 6975 is hereby amended to read
as follows:


“SEC. 44. Disciplinary Appellate Boards. — The formal administrative
disciplinary machinery of the PNP shall be the National Appellate Board and
the Regional Appellate Boards.

“The National Appellate Board shall be composed of the four (4) regular
commissioners and shall be chaired by the executive officer. The Board shall
consider appeals from the decision of the Chief of the PNP.

“The National Appellate Board may conduct its hearings or sessions in
Metropolitan Manila or any part of the country as it may deem necessary.

“There shall be at least one (1) regional appellate board per administrative
region in the country to be composed of a senior officer of the regional
commission as chairman and one (1) representative each from the PNP, and the
regional peace and order council as members. It shall consider appeals from
decisions of the PNPREGIONAL DIRECTORS, MAYORS AND THE
PLEBs: Provided that the Commission may create additional regional appellate
boards as the need arises.”

SEC. 4. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,