NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHIILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

H.B.No._ 3709,

Introduced by Representative Ralph G. Recto

AN ACT
TO ENSURE THE SECURITY OF MEMBERS, OFFICIALS, EMPLOYEES AND
GUESTS OF CONGRESS AND THE SAFETY OF CONGRESSIONAL PREMISES,
CREATING FOR THE PURPOSE THE CONGRESSIONAL POLICE FORCE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

Congress has traditionally relied upon law enforcement agencies like the Armed
Forces of the Philippines and the Philippine National Police to complement the Offices
of Sergeant-at-Arms of the House of Representatives and the Senate of the Philippines
in ensuring the security of Members and Officials of Congress as well as the safety of
congressional premises. In more than one occasion, Congress has had to rely on the
military and police officers to perform functions essential to legislation, such as serving
subpoenas, contempt orders, and warrants of arrest. Such dependence on the
executive agencies, while legally sanctioned, nonetheless impairs the independence
of the Legislature and its capacity to establish its own security and operational

protocols within its own premises.

This bill seeks to create a Congressional Police Force mandated to maintain
peace and order, safety and security in Congress, and to perform tasks essential for
Congress to carry out its legislative mandates. As the primary law enforcement agency
concerned with the security of Congress, the Congressional Police shalll be mandated
to safeguard Members and Officials of Congress and members of their respective
immediate families, as well as the employees and guests on congressional premises.
As an agent of Congress, the Congressional Police is empowered to assist Members


and Officials of Congress in the performance of their constitutional duties, such as
serving subpoenas and warrants, effecting arrests within congressional premises, and
facilitating the processing of firearms licenses and permits.

Ultimately, this bill intends to protect a cornerstone of Philippine democracy —
a safe, independent, open and functioning legislature.

In view of the foregoing, approval of this bill is eamestly sought.

PH CTO

dndg



NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B.No._ 3705

Introduced by Representative Ralph G. Recto

AN ACT
TO ENSURE THE SECURITY OF MEMBERS, OFFICIALS, EMPLOYEES AND
GUESTS OF CONGRESS AND THE SAFETY OF CONGRESSIONAL PREMISES,
CREATING FOR THE PURPOSE THE CONGRESSIONAL POLICE FORCE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the “Congressional Police
Force Act."

Sec. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
ensure that government agencies and instrumentalities perform their respective
constitutional and legal mandate in a safe, secure and open environment. Towards this
end, a law enforcement organization under the direct control and supervision of
Congress shall be organized to ensure the effective and unimpeded performance of the
Legislature of its constitutionally-enshrined duty to the Filipino People.

Sec. 3. Definition of Terms. ~ For the purpose of this Act:

a) Congress shall refer to the bicameral legislative body comprised of the House
of Representatives and the Senate of the Philippines;

b) Congressional Premises shall refer to any land, office, building or facility
acquired through lease, donation, purchase, inter-government transfer, or otherwise,
for the use of the House of Representatives and the Senate of the Philippines;


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©) Legislative Employees shall refer to the following: permanent, contractual and
casual employees of the Secretariat of the House of Representatives or the Senate of
the Philippines, co-terminus staff of incumbent district and party-list representatives or
senators, and consultants with valid contract of service with any office, bureau or
service under the House of Representatives or the Senate of the Philippines;

d) Members of Congress shall refer to duly-elected representatives of legislative
districts and party-lists, and senators; and

) Officials of Congress shall refer to the following: the Speaker of the House of
Representatives, Deputy Speakers of the House of Representatives, Majority Leader of
the House of Representatives, Minority Leader of the House of Representatives,
Secretary-General of the House of Representatives, Sergeant-at-Arms of the House of
Representatives, President of the Senate of the Philippines, President Pro Tempore of
the Senate of the Philippines, Majority Leader of the Senate of the Philippines, Minority
Leader of the of the Senate of the Philippines, Secretary of the Senate of the Philippines
and Sergeant-at-Arms of the Senate of the Philippines, or any other official elected by
a majority of Members of the House of Representatives or the Senate of the Philippines;

Sec. 4. Congressional Police Force. - The Congressional Police Force is hereby
created for the purpose of effectively discharging the functions provided in this Act and
shall be composed of the Congressional Police Board and the Congressional Police. For
the purpose of administration and appropriation, the Congressional Police Force shall
be created as an attached agency to the Congress of the Philippines.

Sec. 5. Congressional Police Board. - The Congressional Police Board, hereinafter
referred to as the Board, is hereby created as an agency mandated to exercise
administrative control and operational supervision over the Congressional Police. The
Board shall be a collegial body composed of three regular commissioners composed of
the Sergeant-at-Arms of the House of Representatives, Sergeant-at-Arms of the Senate
of the Philippines, and the Chief of the Congressional Police.

Sec. 6. Powers and Functions of the Board. - The Board shall exercise the
following powers and functions:

a) Exercise administrative control over the Congressional Police;



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b) Advise the Speaker of the House of Representatives and the President of the
Senate of the Philippines on all matters involving the security of Members and Officials
of Congress and the safety of congressional premises and legislative employees;

c) Foster and develop policies and promulgate rules and regulations, standards
and procedures to improve the capacity of the Congressional Police to perform its duties
and functions;

d) Prepare a congressional police manual prescribing rules and regulations for
the efficient organization, administration, and operation, including personnel
recruitment, selection, promotion, separation and retirement;

) Approve or modify plans and programs on education and training, logistical
requirements, communications, records, information systems, and other matters
pertinent to the operations of the Congressional Police;

f) Resolve any complaint filed against officials and members of the Congressional
Police, including the determination and imposition of appropriate punishment and
penalties;

g) Prescribe minimum standards for arms, equipment, and uniforms and, after
consultation with the National Historical Commission of the Philippines (NHCP), for
insignia of ranks, awards and medals of honor;

h) Issue subpoena and subpoena duces tecum on matters pertaining to the
administration of the Congressional Police; and

i) Perform such other duties and exercise all other functions as may be provided
by law or assigned by the Speaker of the House of Representatives or the President of
the Senate of the Philippines.

Sec. 7. Summary Dismissal Powers of the Congressional Police Board and the
Chief of the Congressional Police. - The Board and the Chief of the Congressional Police,
after due notice and summary hearings, may immediately remove or dismiss any
respondent Congressional Police 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; and

c) When the respondent is guilty of a serious offense involving conduct

unbecoming of a Congressional Police officer.


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Any commissioned or non-commissioned officer of the Congressional Police who
shall be absent without official leave (AWOL) for a continuous period of thirty (30) days
or more may be dismissed immediately from the service. The activities and whereabouts
of the erring congressional police officer during the period shall be investigated and, if
warranted, prosecuted accordingly.

Sec. 8. Congressional Police. - The Congressional Police is hereby created as a
law enforcement organization dedicated to secure Members and Officials of Congress
and members of their respective families, legislative employees and guests, to ensure
safety of congressional premises, and to sustain the unimpeded performance of the
Legislature of its constitutional mandate. The Congressional Police shall be initially
comprised of employees under the Office of Sergeant-at-Arms of the House of
Representatives and the Senate of the Philippines engaged in the implementation of
security rules, regulations and protocols of Congress, protection of Members and
Officials of Congress, maintenance of peace, order, and safety within congressional
premises, procurement of logistics and other supplies, execution or serving of
summons, watrants or subpoena, and other similar duties and functions. Thereafter,
commissioned and non-commissioned officers of the Congressional Police shall be
recruited in accordance with the provisions of this Act.

Sec. 9. Duties and Functions, - The Congressional Police shall exercise the
following duties and functions:

a) Protect the person of any Member or Official of Congress, or any member of
their immediate family, in any location within the Philippines, upon the determination
of the Board that such protection is necessary;

b) Ensure the safety of legislative employees and guests within congressional
facilities;

c) Protect congressional offices, buildings and grounds and other facilities owned
or used by Congress;

d) Enforce all laws and ordinances relative to the protection of lives and
properties within congressional premises;

) Maintain peace and order and take all necessary steps to ensure public safety

within congressional premises;


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f) Effect the arrest, with or without warrant, for any offense against the Republic
of the Philippines committed in their presence, or for any felony as cognizable under
the Philippine laws committed or being committed within congressional premises;

g) Serve warrants and subpoenas that may be issued by or upon order of the
House of Representatives or the Senate of the Philippines;

h) Coordinate with other law enforcement agencies in providing physical security
for Members and Officials of Congress outside congressional premises and in collecting
and sharing intelligence pertinent in ensuring the security of congressional premises
and the safety of Members and Officials of Congress and the members of their
immediate family;

i) Procure and maintain firearms, ammunitions and other equipment and
facilities necessary for the performance of its duties and functions;

j) Facilitate the application and issuance of License to Own and Possess Firearms
(LTOPF) or Permit to Carry Firearms Outside Residence (PTCFOR) to Members and
Officials of Congress, members of the Congressional Police, and qualified legislative
employees; and

k) Perform such other duties and exercise all other functions as may be provided
by law or assigned by the Board.

Sec. 10. Organization. - The Congressional Police shall be headed by a Chief
who shall be assisted by two (2) deputy chiefs. The Chief and Deputy Chiefs of the
Congressional Police shall be appointed jointly by the Speaker of the House of
Representatives and the President of the Senate of the Philippines.

Sec. 11. Powers and Functions of the Chief of the Congressional Police. ~ The
command and direction of the Congressional Police shall be vested in the Chief of the
Congressional Police who shalll have the power to direct and control tactical as well as
strategic movements, deployment, placement, utilization of the Congressional Police or
any of its units and personnel, including its equipment, facilities and other resources.

Sec. 12, Rank Classification. ~ For purposes of efficient administration,
supervision and control, the rank classification of the members of the Congressional
Police shall be as follows:

Congressional Police Major General

Congressional Police Brigadier General


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Congressional Police Colonel

Congressional Police Lieutenant Colonel

Congressional Police Major

Congressional Police Captain

Congressional Police Lieutenant

Congressional Police Executive Master Sergeant

Congressional Police Chief Master Sergeant

Congressional Police Senior Master Sergeant

Congressional Police Master Sergeant

Congressional Police Staff Sergeant

Congressional Police Corporal

Congressional Patrolman/Patrolwoman

Sec. 13. Qualifications. - No person shall be appointed as officer or member of
the Congressional Police unless the prospective congressional police officer possesses
the following minimum qualifications:

a) Aditizen of the Philippines;

b) A person of good moral conduct;

c) Must have passed the psychiatric/psychological, drug and physical tests to be
conducted by any government hospital for the purpose of determining physical and
mental health;

d) Must possess a formal baccalaureate degree from a recognized institution of
learning;

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 eligible in accordance with the standards set by the Board; and

i) For a new applicant, must not be less than twenty-one (21) nor more than
thirty (30) years of age:


1 Provided, That with the exception of the last qualification, the above-enumerated
2. qualifications shall be continuing in character and an absence of any one of them at any
3 given time shall be a ground for separation or retirement from the service.

4 Sec. 14. Training Program. — A\il uniformed members of the Congressional Police
5 shall undergo a training program involving actual experience in patrol operations,
6 — executive protection and physical defense, emergency medical response, firearms and
7 marksmanship, intelligence gathering and investigation, search and seizure, disaster
8 and crisis response, and other relevant skills and proficiencies as a requirement for
9 permanency of their appointment. Commissioned and non-commissioned officers of the
10 Congressional Police shall undergo training and education in the Philippine Public Safety
11 College or any equivalent training institutions to be selected by the Board.
2 Sec. 15. Salaries and Benefits. - The uniformed personnel and civilian employees
13. of the Congressional Police shall receive salaries, benefits, and allowances authorized
14 for their respective positions pursuant to existing laws, rules and regulations.

15 Sec. 16. Uniformed Personnel Promotion. — Any commissioned or non-
16 commissioned officer of the Congressional Police shall be eligible for promotion upon
17 the satisfaction of all requirements for promotion prescribed by the Board: Provided,
18 That special or meritorious promotion may be extended, upon validation of the Board,
19 to any commissioned or non-commissioned officer of the Congressional Police for
20 actions demonstrating a deed of personal bravery, courage, gallantry, or self-sacrifice
21 above and beyond the call of duty.
2 Sec. 17. Death and Disability Benefits. ~ Commissioned or non-commissioned
23. officers of the Congressional Police and/or their legal beneficiaries shall be entitled to
24 all benefits relative to the death or permanent incapacity suffered in the performance
25 of their duty as provided for under this Act and other existing laws.
26 A commissioned or non-commissioned officer of the Congressional Police who is
27 permanently and totally disabled as a result of injuries suffered or sickness contracted
28 in the performance of the officer’s duty shall, upon finding and certification by the
29 appropriate medical officer that the extent of the disability or sickness renders such
30 congressional police officer unfit or unable to further perform the duties of the said
31 officer's position as duly certified by the Board, be entitled to one year's salary and to


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a lifetime pension equivalent to eighty percent (80%) of the officer's last salary, in
addition to other benefits as provided under existing laws.

Should such congressional police officer who has been retired under permanent
total disability under this section dies within five (5) years from the officer's retirement,
the officer's surviving legal spouse or, if there be none, the surviving dependent
legitimate children shall be entitled to the pension for the remainder of the five (5)
years guaranteed period

Sec. 18. Compulsory Retirement. — Compulsory retirement shall be upon the
attainment of age fifty-six (56) years for commissioned and non-commissioned officers
of the Congressional Police.

Sec. 19. Optional Retirement. ~ A commissioned and non-commissioned officer
of the Congressional Police shall, at the officer's own request and with the approval of
the Commission, be retired from the service and entitled to receive benefits provided
for by law: Provided, That the commissioned and non-commissioned officer concerned
must accumulate at least twenty (20) years of satisfactory active service prior to the
application for optional retirement.

Sec. 20. Retirement in the Next Higher Rank. ~ Commissioned and non-
commissioned officers of the Congressional Police shall, for the purpose of retirement
pay, be retired in one (1) rank higher than the permanent rank last held: Provided, That
they have served for at least one (1) year of active service in the permanent rank.

Sec. 21. Retirement Benefits. - Monthly retirement pay shall be fifty percent
(50%) of the base pay and longevity pay of the retired rank in case of twenty (20)
years of active service, increasing by two and one-half percent (2.5%) for every year
of active service rendered beyond twenty (20) years to a maximum of ninety percent
(90%) for thirty-six (36) years of active service and over: Provided, That, the
commissioned and non-commissioned officers of the Congressional Police shall have
the option to receive in advance and in lump sum their respective retirement pay for
the first five (5) years: Provided, further, That payment of the retirement benefits in
lump sum shall be made within one (1) month from effectivity date of retirement and/or
completion: Provided, finally, That retirement pay of the commissioned and non-
commissioned officers of the Congressional Police shall be subject to adjustments based
on the prevailing scale of base pay of police personnel in the active service.


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Sec. 22. Uniformed Personnel Pension Fund, ~ & Uniformed Personnel (U/P)
Insurance Fund, hereinafter referred to as the U/P Insurance Fund, shall be created to
manage and finance the pension requirements of the uniformed personnel of the
Congressional Police.

The Government Service Insurance System (GSIS) shall be responsible for the
administration of the U/P Insurance Fund and the implementation of the pertinent
provisions of this Act: Provided, That the U/P Insurance Fund shall be administered and
reported separately from the GSIS Social Insurance Fund provided under Section 34 of
Republic Act No. 8291, otherwise known as " The Government Service Insurance System
Act of 1997."

The U/P Insurance Fund shall not be used for purposes other than those provided
for under this Act. No portion of the U/P Insurance Fund or income thereof shall accrue
to the General Fund of the national government and its political subdivisions,
instrumentalities and other agencies including government-owned and controlled
corporations except as may be allowed under this Act.

Sec. 23. Insurance Fund Generation. - Congress shall, on a monthly basis,
contribute to the U/P Insurance Fund an amount equivalent to fifteen percent (15%)
of the monthly base pay of their uniformed personnel of the Congressional Police.
Uniformed personnel of the Congressional Police shall, on a monthly basis, contribute
to the U/P Insurance Fund an amount equivalent to six percent (6%) of their respective
monthly base pay.

The manner of collection and remittance of contributions to the U/P Insurance
Fund shall be in accordance with the relevant provisions of Republic Act No. 8291,
otherwise known as “ 7he Government Service Insurance System Act of 1997."

Sec. 24. Insurance Fund Investments. ~ The portions of the U/P Insurance Fund
which are not needed to meet any current obligation may be invested in accordance
with Section 36 of Republic Act No. 8291, otherwise known as" The Government Service
Insurance System Act of 1997."

Sec. 25. Grant of Additional Retirement and Separation Benefits. - The GSIS
may, upon determination of actuarial soundness, provide better pension benefits to

qualified uniformed personnel retirees covered by the U/P Insurance Fund.



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Sec. 26. Insurance Fund Exemptions from Tax, Legal Process and Lien. ~ Any
provision of the law to the contrary notwithstanding, all contributions for the U/P
Insurance Fund and all accruals thereto and income or investment earnings therefrom
shall be exempt from any tax, assessment, fee, charge, or customs or import duty in
accordance with Section 39 of Republic Act No. 8291, otherwise known as “The
Government Service Insurance System Act of 1997."

Sec. 27. Insurance Fund Guarantee, ~ The government of the Republic of the
Philippines hereby guarantees the fulfillment of the obligations of the GSIS to uniformed
personnel of the Congressional Police covered by the U/P Insurance Fund as and when
they fall due.

Sec. 28. Cost of U/P Insurance Fund Administration. — The U/P Insurance Fund
shall bear the costs of its administration and development, in such amounts and for
limits as the GSIS Board of Trustees may deem appropriate, but not exceeding ten
percent (10%) of the annual revenues from all sources: Provided, That the President
of the Philippines may, on the basis of actuarial and management studies, increase
allotment for the administrative and operational expenses for the U/P Insurance Fund.

Sec. 29. Insurance Fund Audit. - The audit of the U/P Insurance Fund shall be
conducted in accordance with Section 22 of Republic Act No. 8291, otherwise known as
“The Government Service Insurance System Act of 1997."

Sec. 30. Retirement and Separation of Non-Uniformed Personnel Employees of
the Congressional Police. — The retirement and separation of non-uniformed personnel
of the Congressional Police shall be in accordance with existing civil service laws, rules
and regulations.

Sec, 31, Rationalization of Retirement and Separation Benefits. ~ The Board shall
formulate a rationalized retirement and separation benefits schedule and program
within one (1) year from the effectivity of this Act for approval by Congress: Provided,
That the approved schedule and program shall have retroactive effect in favor of
commissioned and non-commissioned officers of the Congressional Police retired or
separated from the time specified in the law, unless the retirement or separation is for
cause and the decision denies the grant of benefits.


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Sec. 32. Assistance of Agencies under the Executive Department. - Upon the
request of the Board, government agencies and instrumentalities under the Executive
Department may extend assistance to the Congressional Police in the performance of
its duties and functions by providing services (including personnel), equipment, and
facilities on a temporary or permanent basis

Sec. 33. Organizational Structure and Staffing Pattern. — Subject to the approval
of the Department of Budget and Management (DBM), the Board and the Congressional
Police shall determine its organizational structure and create new bureaus, divisions or
units as it may deem necessary, and shall appoint officers and personnel in accordance
with existing laws, rules, and regulations.

Sec. 34. Transition Period. ~ The transfer of the pertinent functions, assets,
funds, equipment, properties, records, transactions, and personnel, and the formulation
of the internal organic structure, staffing pattern, operating system, and budget for the
Congressional Police, shall be completed within six (6) months from the effectivity of
this Act, during which time, the existing personnel shall continue to assume their posts
in holdover capacities until new appointments are issued: Provided, That the Board, in
coordination with the DBM, shall determine and create new positions and its
corresponding funding requirements: Provided, further, That any permanent or regular
employee transferred to the Congressional Police shall not suffer any reduction,
diminution or withdrawal of salaries and benefits already enjoyed by the employee
concerned.

Sec. 35. Appropriations. — The amount necessary for the implementation of the
provisions of this Act shall be included in the annual General Appropriations Act
following its enactment into law.

Sec. 36. Jmplementing Rules and Regulations. - Within thirty (30) days upon the
effectivity of this Act, the House of Representatives and the Senate of the Philippines
shall, in consultation with the Civil Service Commission, DBM and GSIS, jointly
promulgate the necessary implementing rules and regulations for the effective
implementation of this Act.

Sec. 37. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with any of the provisions of this Act are hereby repealed,
amended or modified accordingly.


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Sec. 38. Separability Clause. - If, for any reason, any provision of this Act or any
part thereof shall be held unconstitutional and invalid, the other parts or provisions of
this Act, which are not affected thereby, shall remain in full force and effect.

Sec. 39. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,

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