REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2247

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

EXPLANATORY NOTE

Republic Act No. 8551 or the “Philippine National Police Reform and Reorganization Act of
1998” was enacted to ensure accountability and uprightness in police exercise of discretion as
well as to achieve efficiency and effectiveness of its members and units in the performance of
their functions. Among the key provisions of RA No. 8551 is the creation of the Internal
Affairs Service (IAS) of the PNP.

The Internal Affairs Service of the PNP is tasked among others to: pro-actively conduct
inspections and audits on PNP personnel and units; investigate complaints and gather
evidence in support on an open investigation, and, conduct investigation, motu propio, on
incidents where death, serious physical injury, or any violation of human rights occurred in
the conduct of a police operation, among others.

The spate of killings, and other reports of human rights abuses in the implementation of the
anti-drug war of the current administration, allegedly perpetuated by members of the PNP,
puts into fore the capability of IAS to fulfil their mandated function.

As such, in order to ensure that IAS will effectively instill discipline and enhance the
performance of the personnel and units of the PNP, there is a need to revisit and amend RA
No. 8551 to capacitate and strengthen the IAS to make them more effective and efficient in
promoting higher standards of integrity in the police force.

Among the salient points of this measure is the provision of a mandatory period by which an
investigation conducted by the IAS must be concluded. Also, under this measure, IAS is
given the power to formulate and adopt its own disciplinary rules and mechanism. In
addition, the decisions of IAS with respect to cases under its jurisdiction shall be final and
executory. Likewise, to improve the independence of IAS, they shall have automatic, direct,
full, and regular release of funds based on the approved annual general appropriations.

In view of the foregoing, early passage of this bill is earnestly requested.

SHAN

Magdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2247

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
TO STRENGTHEN THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE
NATIONAL POLICE, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 6975 AS AMENDED BY REPUBLIC ACT NO. 8551, AND
FOR OTHER PURPOSES

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

SECTION 1. Statement Policy. — The Internal Affairs Service (IAS) of the Philippine
National Police shall be the primary instrument to measure, enhance and instill performance
and discipline among all units and individuals in the institution. The IAS shall conduct its
investigation and prosecution in an impartial, independent, expeditious and professional
manner thereby ensuring the citizenry of unbiased results.

SEC. 2. Organization of the Internal Affairs Service. ~ The IAS shall have a
National, Regional, District, Provincial and City Offices where applicable, which shall be
established by the Inspector General and approved by the PNP Chief.

SEC. 3. The Inspector General, — The head of the IAS shall be the Inspector General
(IG) with a rank of a Police Deputy Director General. He will be assisted by a Deputy
Inspector General for Administration (DIGA); and a Deputy Inspector General for Operations
(DIGO); both with the rank of Police Director. The Inspector General of the IAS shall
exercise administrative and operational control and supervision over the IAS. The IG, his
deputies, Chief of Staff of the IG Staff, and the Directors of the Regional Internal Affairs
Service shall be appointed by the President. Appointments of other personnel who shall
‘occupy various positions shall be made by the IG and shall be based on an established career
pattern and criteria to be promulgated by the NAPOLCOM


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SEC. 4. The Inspector General Staff. — The |G Staff shall be headed by the Chief of
the IG Staff (CIGS) with a rank of Police Director. For purposes carrying out its duties and
powers are provided for in this Act, the IAS shall have the following Services, namely:
Human Resource and Management; Intelligence and Investigation; Operations; and Finance
and Logistics.

SEC. 5. The Directors of Regional Internal Affairs Service Office (RIAS). — The
Directors of the RIAS shall have the rank of Police Chief Superintendent. The organizational
structure of the RIAS offices shall follow closely the pattern of the IAS National
Headquarters.

SEC. 6. The Provincial and City IAS Offices. — The Provincial and City Offices of
the IAS shall be headed by a Police Senior Superintendent. The organizational structure of
said offices shall also follow closely the pattern of the IAS National Headquarters.

SEC. 7. Qualification Standards for IAS Personnel — Uniformed Personnel. — \n
general, entry into IAS is voluntary and requires high standards of integrity, morality,

education and training. PNP personnel transferring to IAS, except the Inspector General must
have at least five (5) more years in the service before reaching compulsory retirement, must
have satisfactorily completed at least a basic investigation and/ or intelligence training and
have no derogatory service records.

SEC. 8. Qualifications of the Inspector General. — In addition to the general
qualifications for appointment mentioned in RA No. 8551, the Inspector General of the IAS
must be an active duty commissioned officer of the PNP, a member of the Philippine Bar in
good standing and a holder of either a Police Executive Service Eligibility (PESE), Career
Service Executive Eligibility (CSEE), or Career Executive Service Eligibility (CESE).

SEC. 9. Non-Uniformed Personnel (NUP). ~ The NUP of IAS shall be selected from
among the very best human resource available, preferably with at least a Masters Degree in
their fields of training. Lawyers may enter the IAS laterally under existing PNP policies.


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SEC. 10. Personnel Strength. — The strength of the IAS shall be pegged at five
percent (5%) of the total strength of the PNP: Provided, That the NUPs shall comprise not
more than ten percent (10%) of the total IAS strength.

SEC. 11. Prohibitions. — Any personnel who joins the IAS may not thereafter join
any other unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a
committee deliberating on the appointment, promotion, or assignment of any PNP personnel.

SEC. 12. Applicability of Sec. 39 of RA No. 8551. ~ The IAS shall exercise all the
powers and functions provided under Section 39 of RA No. 8551, insofar as they are
applicable and not in conflict with any provision of this Act: Provided, That the IG may
direct motu propio investigations of all acts and omissions of the PNP personnel which tend
to discredit or tarnish the image of the PNP organization.

SEC. 13. Operational Functions of the IAS. — The IAS shall, as part of its integrity
development functions, conduct character building and other activities that would enhance its
capacity for resisting graft and corruption; conduct intelligence operations in aid of lifestyle
checks and investigations; and, strengthen investigations of PNP personnel who are subject to
its jurisdiction. It shall also impose restrictions, file appropriate criminal cases against PNP
members before the regular courts as evidence warrants and actively assist in the prosecution
of such cases.

It shall generally conduct summary proceedings and hearings of PNP members facing
administrative charges for violation of rules and regulations governing the PNP, the Civil
Service rules and regulations, and such other existing laws relative to or in connection with,
the official duty of a police officer including misconduct, dereliction of duty, insubordination,
conduct unbecoming of a police officer, abuse of power or authority, conviction by final
judgment for any crime or offense and other similar acts and decide such cases; and establish
partnerships and other synergies with the community and other stakeholders. It shall
coordinate efforts to require personnel who have undergone its adjudication processes to
undergo psychological sessions before they are deployed back to the PNP.

The PNP shall cooperate fully with the IAS in order to accelerate the conduct of its
investigation with the view to exonerate innocent officers quickly and prosecute the guilty

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swiftly. Internal affairs investigation shall be completed as rapidly as is reasonably necessary
which in no case shall exceed thirty (30) days after which the appropriate administrative and/
or criminal charges shall be filed immediately thereafter. The IAS shall have at most thirty
(30) days to resolve the administrative case against any erring member of the Philippine

National Police.

SEC. 14. Special Functions of the IAS. ~ The 1AS shall file cases against any police
personnel who shall break the provisions of restrictive custody including the custodian of the
personnel under restrictive custody and any other act and/ or omission made by a police
personnel detrimental to the image of PNP. The IAS shall issue clearances and other requisite
documents including recommendations for promotion, transfer or appointment to any
Position, and for financial transactions of PNP personnel.

SEC. 15. Deputication, ~ The IG may deputize the Directors of the PNP Directorates
or any of the Regional Directors of the Police Regional Offices as Inspectors and Auditors of
the IAS, subject to the approval of the PNP Chief.

SEC. 16. IAS Infrastructure and Other Resources. ~The PNP shall provide the
infrastructure, camp requirements, technology and other resources of the IAS that will enable
it to perform its mandated powers and functions: Provided, That additional funding
requirements may be appropriated under the General Appropriations Act.

SEC. 17. IAS Inspections and Audits. — The inspections and audits of all PNP units
and personnel shall be conducted by IAS proactively and shall form part of the performance
evaluation rating of the latter; Provided, That the framework of inspections and audit shall be
based on existing NAPOLCOM and PNP Circulars and approved by the Commission

SEC. 18. Finality of Decision. ~ The decisions of the IAS in cases falling under its
jurisdiction shall be final and executor without prejudice, however, to the filing of an appeal
with the Secretary of the Department of Interior and Local Government (DILG) where the
penalty imposed upon the erring PNP personnel is dismissal, demotion or suspension for a
period exceeding ninety (90) days; or forfeiture of benefits equivalent to more than ninety
(90) days pay.


SEC. 19. IAS Character Studies. — At the end of every quarter, IAS shall submit a
general observation/ assessment of the general character of the PNP personnel and units to
the Chief of the PNP and NAPOLCOM.

SEC. 20. Source of Funds. ~The appropriation for the Office of the Internal Affairs
Service, including funds for the Occupational Specialty Pay (OSP), shall be under a specific
item in the annual General Appropriations Act (GAA). This shall include Personnel Services
(PS), Maintenance and Other Operating Expenses (MOOE) and Capital Outlay (CO).

SEC. 21. Financial Independence. ~— \n order to strengthen its fiscal independence,
the Internal Affairs Service shall have an automatic, direct, full and regular release of funds
based on the approved annual general appropriations subject to the existing rules, practices
and regulations on auditing and accounting of the Commission on Audit (COA). The IAS
shall have a distinct and separate budget from the PNP.

SEC. 23. Disciplinary Mechanism. — The 1AS shall formulate and adopt its own
disciplinary rules and mechanisms taking into account pertinent laws, rules and regulations
on the matter: Provided, That the applicable provisions of the AFP Military Justice System
may also be applied by analogy or in a suppletory character whenever practical and
convenient, in disciplinary cases against PNP uniformed personnel; Provided, further, That
the applicable guidelines promulgated by the Civil Service Commission shall govern the non-
uniformed personnel

SEC. 23. Separability Clause. - If any provision of this Act shall be declared invalid
or unconstitutional, the remaining part or provisions not otherwise affected shall remain in
force.

SEC. 24. Repelaing Clause. — Any law, decree, ordinance, administrative circulars
not consistent with any provision of this Act is hereby amended, repealed or modified
accordingly.


1 SEC. 25. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
2 complete publication in the Official Gazette or in at least two (2) newspapers of general
3 circulation.

Approved,