SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PI-IILIPPNES 
,Second Regnlar Session 
SENATE 
111 
DEC lOP 1\ :34 
___________ 
S._B._2_5_0_6 ______ 
i_U _.;_,;_,, __ 
; '-t' 
Introduced by Senator Poe 
AN ACT 
TO STRENGTHEN THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE 
NATIONAL 
POLICE, 
AND 
FOR THIS 
PURPOSE 
AMENDING 
CERTAIN 
PROVISIONS OF THE PNP LAW UNDER REPUBLIC ACT 
SIXTY NINE AND 
SEVENTY FIVE (RA 6975) AS AMENDED BY REPUBLIC ACT EIGHTY FIVE 
HUNDRED AND FIFTY ONE (RA 8551), AND FOR OTHER PURPOSES 
Explanatorv Note 
Article II, Section 5 of the Philippine Constitution provides the basic guarantee for the 
citizens: "The maintenance of peace and order, the protection of life, liberty, and property and 
the promotion of the general welfare are essential for the enjoyment by all the people of the 
blessings of democracy 
Recent events have focused national attention on crimes and other offenses committed by 
members of the Philippine National Police. There are many complaints of serious delay in the 
resolution of administrative disciplinary cases pending against members of the PNP. 
The Internal Affairs Service (lAS) of the PNP was created by virtue of "The PNP Reform 
and Reorganization Act of 1998" (Republic Act No. 8551). Although conceived to be part of the 
PNP, the lAS was envisioned to be an independent unit with the mandate of exercising 
disciplinary authority over members of the Philippine National Police. However, as presenily 
constituted, the lAS has no authority to impose disciplinary sanctions against erring PNP 
personnel. The authority of the lAS is limited to making recommendations which are subject to 
the review and approval of the Chief, PNP or the PNP Regional Directors. 
This bill is a product of two legislative hearings conducted on the flsmg statistics 
involving police persOImel in criminality and it seeks to strengthen the lAS in resolving 
disciplinary cases. It enhances the independence of the lAS from the PNP hierarchy by granting 
it the authority to impose disciplinary sanctions against erring PNP personnel, subject only (0 
review, in limited cases, by the National ]'oii"" L.oUll11ission. It streamlines the procedure to be 
followed mld imposes timelines to be implemented by the lAS in administrative disciplinary , 
cases filed with it, to ensure a speedy disposition of the cases filed with it. 
The immediate recognition of this bill is earnestly sought. 
o 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPNES 
Second Regular Session 
SENATE 
S.B. 
2508 
Introduced by Senator Poe 
AN ACT 
, i'l 
[lEC 1 0 PI):1 4 
TO STRENGTHEN THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE 
NATIONAL 
POLICE, 
AND 
FOR 
THIS 
PURPOSE 
AMENDING 
CERTAIN 
PROVISIONS OF THE PNP LAW UNDER REPUBLIC ACT 
SIXTY NINE AND 
SEVENTY FIVE (RA 6975) AS AMENDED BY REPUBLIC ACT EIGHTY FIVE 
HUNDRED AND FIFTY ONE (RA 8551), AND FOR OTHER PURPOSES 
, 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. This Act shall be known as the "PNP-IAS Reform Act" 
2 
3 
SECTION 2, Section 14 of Republic Act No. 6975 is hereby further amended to read as, 
4 
follows: 
5 
6 
"Section 14, 
Powers and Functions of the Commission. -
The 
7 
Commission shall exercise the following powers and functions: 
8 
9 
"(a) Exercise administrative control AND OPERATIONAL 
10 
SUI)ERVISION over the Philippine National Police which shall mean the 
11 
powerto: 
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"1) 
Develop policies and promulgate a police 
manual prescribing rules and regulations for efficient 
organization, administration, and operation, including 
criteria 
for 
manpower 
allocation, 
distribution 
and 
deployment, 
recruitment, 
selection, 
promotion, 
and 
retirement of personnel and the conduct of qualifying 
entrance and promotional examinations for uniformed 
members; 
"2) 
Examine and audit, and thereafter establish 
the standards for such purposes on a continuing basis, the 
performance, activities, and facilities of all police agencies 
throughout the country; 
"3) 
reporting; 
Establish a system of uniform crime 
"4) 
Conduct an annual self-report survey and 
compile statistical data for the accurate assessment of the 
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120 
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130 
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37. 
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crime situation and the proper evaluation of the efficiency 
and effectiveness of all police units in the country; 
"5) 
Approve or modify plans and programs on 
education 
and 
training, 
logistical 
requirements, 
coinmunications, records, information systems, crnne 
laboratory, crime prevention and crime reporting; 
"6) 
Affirm, reverse or modify, through, the 
National Appellate Board, personnel disciplinary actions 
involving demotion or dismissal from the service imposed 
upon members of the Philippine National Police by the 
Chief of the Philippine National Police; 
"7) 
EXERCISE EXCLUSIVE APPELLATE 
JURISDICTION 
OVER 
DECISIONS 
OF 
THE 
INSPECTOR GENERAL 
OF THE PHILIPPINE 
NATIONAL 
POLICE 
IN 
PERSONNEL 
DISCIPLINARY ACTIONS WHERE THE PENALTY 
IMPOSED UPON THE ERRING UNIFORMED OR 
NON-UNIFORMED 
PNP 
PERSONNEL 
IS 
DISMISSAL, DEMOTION IN RANK, SUSPENSION 
FOR A PERIOD EXCEEDING NINETY (90) DAYS, 
OR FORFEITURE OF BENEFITS EQUIVALENT TO 
MORE THAN NINETY (90) DAYS' PAY; 
"8) 
Exercise appellate jurisdiction through the 
regional appellate boards over administrative cases against 
policemen and over decisions on claims for police benefits; 
"9) 
Prescribe minimum standards for arms, 
equipment, and uniforms and, after consultation with the 
Philippine Heraldry Commission, for insignia of ranks, 
awards, and medals of honor. Within ninety (90) days from 
the effectivity of this Act, the standards of the unifomled 
personnel of the PNP must be revised which should be 
clearly distinct from the military and reflective of the 
civilian character of the police; 
"10) 
Issue subpoena and subpoena duces tecum 
in matters pertaining to the discharge of its own powers and 
duties, and designate who among its personnel can issue 
such processes and administer oaths in connection 
therewith; 
"11) 
Inspect and assess the compliance of the 
PNP on the established criteria for manpower allocation, 
distribution, and deployment and their impact on the 
community and the crime situation, and thereafter 
formulate appropriate guidelines for maximization of 
resources and effective utilization ofthe PNP personnel; 
., 12) 
Monitor the perfonnance of the local chief 
executives as deputies of the Commission; and 
., 13) 
Monitor and investigate police anomalies 
and irregularities. 
2 


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,10 
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"b) 
Advise the President on all matters involving police 
functions and administration; 
"c) 
Render to the President and to the Congress an annual 
report on its activities and accomplislunents during the thirty (30) days 
after the end of the calendar year, which shall include an appraisal of the 
conditions obtaining in the organization and administration of police 
agencies in the municipalities, cities and provinces throughout the country, 
and recommendations for appropriate remedial legislation; 
"d) 
Recommend to the President, through the Secretary, within 
sixty (60) days before the commencement of each calendar year, a crime 
prevention program; and 
"e) 
Perform such other functions necessary to carry out the 
provisions of this Act and as the President may direct." 
• 15 
SECTION 3. Section 39 of Republic Act No. 8551 is hereby amended to read as 
16 
follows: 
17 
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,26 
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"Section 39. Creation, Powers, and Functions. - An Internal Affairs 
Service (lAS) of the PNP is hereby created which shall: 
"a) 
pro-actively conduct inspections and audits on PNP 
personnel and units; 
"b) 
Investigate complaints and gather evidence in support of an 
open investigation; 
"C) 
HEAR AND DECIDE ADMINISTRATIVE CASES 
AGAINST ERRING UNIFORMED AND NON-UNIFORMED PNP 
PERSONNEL; 
"[ c] 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 and the Commission; 
"[ d] E) File appropriate criminal cases against PNP members 
before the court as evidence warrants and assist in the prosecution of the 
case; 
"[ elF) Provide assistance to the Office of the Ombudsman in cases 
involving the personnel of the PNP. 
"The lAS shall also conduct, motu proprio, automatic investigation 
of the following cases: 
"a) 
incidents where a police personnel discharges a firearm; 
"b) 
Incidents where death, serious physical injury, or any 
violation of human rights occurred in the conduct of a police operation; 
"c) 
Incidents where evidence was compromised, tampered 
with, obliterated, or lost while in the custody of police personnel; 
"d) 
Incidents where a suspect in the custody of the police was 
seriously injured; and 
3 


1 
"e) 
Incidents where the established rules of engagement have 
'. 2 
been violated. 
3 
"Finally, the lAS shall provide documents or recommendations as 
4 
regards to the promotion of the members of the PNP or the assignment of 
5 
PNP persomlel to any key position. 
I 
6 
"THE 
INTERNAL 
AFFAIRS 
SERVICE 
SHALL 
BE 
7 
HEADED BY AN INSPECTOR GENERAL, WHO SHALL BE 
8 
ASSISTED BY A DEPUTY INSPECTOR GENERAL. 
9 
"THE DISCIPLINARY POWERS HEREIN GRANTED TO 
110 
THE INTERNAL AFFAIRS SERVICE SHALL BE WITHOUT 
.11 
PREJUDICE, AND SHALL NOT DIMINISH, THE DISCIPLINARY 
i12 
POWERS GRANTED TO THE COMMISSION, THE CHIEF OF 
13 
THE PHILIl'PINE NATIONAL POLICE, THE REGIONAL 
! 14 
DIRECTORS AND THE PEOPLE'S LAW ENFORCEMENT 
15 
BOARDS UNDER SECTIONS 42 AND 43 OF REPUBLIC ACT NO. 
·16 
6975." 
i 
.17 
SECTION 4. Section 40 of Republic Act No. 8551 is lwreby amended to read as. 
i 18 
follows: 
19 
"Section 40. 
Organization. -
There are hereby created national, 
• 20 
regional, and provincial offices of the Internal Affairs Service. That national 
21 
office shall be headed by the Inspector General. The regional offices shall each 
22 
be headed by a Director. 
The provincial offices shall be headed by a 
23 
Superintendent. 
24 
The commission shall establish a rationalized staffing pattern m the 
25 
Reorganization Plan as provided for in Section 13 hereof. 
26 
SECTION 5. Section 41 of Republic Act No. 8551 is hereby amended to read as 
I 27 
follows: 
28 
"Section 41. Appointments. - The Inspector General and the Deputy 
. 29 
Inspector General shall be civilians. They shall be appointed by the President 
30 
[from a list of three (3) nominees submitted to him by the Commission.] AND no 
31 
person shall be appointed Inspector General or Deputy Inspector General unless 
32 
he or she is a Filipino citizen, at least forty-five (45) years of age, and a member 
33 
of the Philippine Bar for at least ten (10) years prior to the date of his or her 
34 
appointment. 
35 
"The Inspector General and the Deputy Inspector General shall selve for a 
36 
term of five (5) years without reappointment. The Inspector General shall receive 
37 
the salaries, benefits and privileges equivalent to those received by a Deputy 
38 
Direc(or General of the PNP. The Deputy Inspector General shall receive the 
39 
salaries, benefits and privileges equivalent to those received by a Director of the 
40 
PNP. 
41 
"The heads of the Provincial and Regional Internal Affairs Offices shall be 
42 
appointed by (he Chief of the Philippine National Police upon the prior 
43 
recommendation of the Inspector General. 
44 
45 
46 
"Appointments of other personnel of the Internal Affairs Service shall be 
made by the Inspector General and shall be based on an established career pattern 
and criteria to be promulgated by the Commission." 
4 


1 
SECTION 6. Section 49 of Republic Act No. 8551 is hereby amended to read as 
2 
follows: 
3 
4 
"Section 49. Procedure in Disciplinary Cases. - Proceedings before 
5 
the Internal Affairs Service shall be summary in character and shall follow the 
6 
following procedure: 
7 
(a) 
Complaints against erring tmifonned or non-uniformed personnel 
8 
of the PNP may be filed with either the Provincial Internal Affairs Office or the 
9 
Regional Internal Affairs Office having jurisdiction over the place where the 
10 
offense was committed. 
11 
(b) 
The complaint shall be in writing and under oath. The complainant 
12 
shall submit, together with the complaint, all the real, documentary and 
13 
testimonial evidence, by way of affidavits to support the complaint; 
14 
(c) 
Within five (5) days from receipt of the complaint, the Provincial 
15 
or Regional Internal Affairs Office concerned shall cause the service of a copy of 
, 16 
the complaint and its attachments upon the respondent, together with an order 
17 
requiring the respondent to file his or her answer to the complaint, furnishing a 
18 
copy thereof to the complainant, within a period often (10) days from his or her 
19 
receipt of the complaint and the order. 
20 
(d) 
The respondent's answer shall likewise be under oath and shall 
21 
include all the real, documentary and testimonial evidence, by way of affidavits, 
22 
in support of his defense. 
23 
(e) 
The parties may file their respective position papers within ten (I 0) 
24 
days from the respondents' filing ofthe answer. 
25 
(f) 
Within thirty (30) days from the parties' submission of their 
26 
respective position papers, or from the lapse of the period to file the same, the 
27 
Provincial or Regional Internal Affairs Service Office concerned shall forward the 
I 28 
entire records of the case to the Inspector General together with a written 
, 29 
recommendation which shall include: 
30 
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(i) 
The findings of fact; 
(ii) 
The laws, rules or regulations violated by the respondent, if 
any; and 
(iii) 
The penalty or penalties to be imposed upon the 
respondent. 
(g) 
Within a period of thirty (30) days from his receipt of the records 
and recommendation, the Inspector General shall render a decision adopting, 
reversing or modifying the recommendation of the Provincial or Regional Internal 
Affairs Service Office concerned. 
39 
(h) 
The periods provided herein shall be non-extendible. 
40 
Section 6. 
Section 50 of Republic Act No. 8551 is hereby amended to read as 
41 
follows: 
42 
43 
44 
45 
46 
"Section 50. Appeals. - A decision of the Inspector General dismissing a 
case or imposing a penalty of lower than suspension for ninety (90) days or less, 
or forfeiture of benefits equivalent to ninety (90) days' payor less shall be final, 
unappealable and immediately executory. A decision of the Inspector General 
imposing the penalty of dismissal from the service, demotion, suspension of more 
5 


1 
than ninety (90) days or forfeiture of benefits equivalent to more than ninety (90) 
2 
days' pay may be appealed to the Commission within ten (10) days from the 
3 
aggrieved party's receipt of the decision. 
The Commission shall resolve the 
4 
appeal within ninety (90) days from its receipt of the appeal. The decision of the 
5 
Commission shall be final and immediately executory. 
6 
SECTION 7. If any section or part of this Act is held unconstitutional, no other section 
7 
or provision shall be affected. 
8 
9 
SECTION 8. This Act shall take effect fifteen (15) days after its complete publication in 
10 
the Official Gazette or in at least two (2) national newspapers of general circulation, whichever 
11 
comes earlier. 
12 
13 
Approved, 
6