Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS

First Regular Session
House Bill No. 21 8

Introduced by Hon. Rozzano Rufino B. Biazon

EXPLANATORY NOTE

The socio-economic development of a country strongly rests on the degree of
peace and order that is acceptable to investors. The degree of peace and order, in turn,
depends on the effectiveness of the police, in our country, the Philippine National Police.
Finally, the effectiveness of the police depends on the quality of the agency that checks
the police, the National Police Commission.

Therefore, it logically follows that the awesome responsibility of socio-economic
development rests, in a way, on the shoulders of Napolcom. It is high time therefore, to
exercise every step available to develop Napolcom’s potential to the fullest. That is the
raison d’ etre of the Bill.

These recent months have dramatically demonstrated the political will of
Napolcom wherein even top generals were relieved under command responsibility to the
effect that results should be the main criteria in evaluating performance. The Napoleom
can do even more, but for this to be filly realized, the legislature has to give full support
by enacting a law that would ensure the enhanced quality and success of Napolcom in
policing the police, to the end that the country shall have a degree of peace and order
acceptable to investors for the accelerated socio-economic development of the

Philippines.
ROZAANO A B. BIQZON

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
THIRTEENTH CONGRESS
First Regular Session

House Bill No. 21 8

Introduced by Hon. Rozzano Rufino B. Biazon

AN ACT
PROVIDING FOR THE REORGANIZATION OF THE
NATIONAL POLICE COMMISSION,
AND FOR OTHER PURPOSES

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

SECTION 1. Title of the Act. — This Act shall be known and may be cited as the
“National Police Commission Act of 2002”.

SECTION 2. Declaration of Policy and Principles — It is hereby declared to be
the policy of the State to concretize the abstract description of the police system as
enunciated in Section 6, Article XVI of the 1987 Constitution, in order to preclude any
equivocal statutory construction thereof. The provision that states that the National Police
Commission shall administer and control the Philippine National Police, which is
national in scope and civilian in character, should be construed within the context of the
letter and intent of the Constitution. The police force shall neither be absolutely national
nor absolutely local in scope. “Scope” is hereby defined as the “range of operation”.
While the Constitution speaks of a national range of operation, it at the same time
stipulates that the local executives shall exercise a degree of authority over the same
police force as far as their respective localities are concemed. Local executives include
both governors and mayors.

The National Police Commission shall strike a delicate balance between national
and local in line with the constitutional mandate for Napolcom to “control” the entire
police system. Control is hereby defined as “to exercise restraining or directing influence
over; to dominate, rule.” The National Police Commission shal! be the unifying element
between the national and local components.


SECTION 3. Reorganization and Composition of the National Police
Commission. — To effectively discharge the functions described in the Constitution and
statutes, there is hereby reorganized a National Police Commission, a collegial body
under the Office of the President of the Philippines composed of a Chairman and four (4)
regular members. The Chairman and members shall possess the qualifications
enumerated under Section 13 of R.A. No. 6975 which shall remain in full force and
effect.

SECTION 4. Duties and Authority. - The National Police Commission shall
take charge of police operation relating to the public safety of the nation, administer the
affairs concerning police education, police communication, criminal identification,
criminal statistics, police equipment, as well as coordinate the affairs concerning police
administration.

In order to perform the duties provided for in the preceding paragraph, the
National Police Commission shall supervise, administer, and control the Philippine
National Police with respect to the following affairs:

a, Matters concerning planning and research on various systems relating to the
police.

b. Matters concerning the national budget of the police.

c. Matters concerning police operation affecting national public safety, such as:

1, Matters concerning large scale disaster which may cause general unrest;
2. Matters concerning disturbance which may impair provincial

d. Matters concerning the preparation and execution of plans to cope with a state
of national emergency;

e. Matters concerning traffic control on national highways;

f. Matters concerning international criminal investigation assistance;

8. Matters concerning international disaster relief activities;

1h, Matters concerning the maintenance and management of police educational
facilities and other affairs relating to police education;

i. Matters concerning the maintenance and management of police communication
facilities and other affairs relating to police communication;

j. Matters concerning the maintenance and management of criminal identification
facilities and other affairs relating to criminal identification;

k. Matters conceming criminal statistics;

L Matters concerning police equipment;

m. Matters concerning police examinations, both entrance and promotional;


n. Matters concerning standards and attestation of appointment, performance of
duties and activities of police personnel;

©. Matters concerning police administration other than those provided for in the
preceding items;

p. Matters concerning necessary inspection relating to the performance of the
functions provided for in the preceding items;

q. Matters concerning PNP organizational structure and staffing pattern.

In addition to those provided for in the preceding paragraph, the National Police
Commission shall take charge of the affairs which fall under its jurisdiction pursuant to
the provisions of related laws (including ordinances authorized by laws).

SECTION 5. Rank, emoluments and designations. - The Chairman of the
Commission shall have a rank equivalent to Secretary of the Cabinet and shall have
corresponding salary appurtenant thereto. The members shall have a salary equivalent to
that of an Undersecretary.

The Chairman shall be the Executive Officer and shall preside and represent the
National Police Commission.

‘The Chairman shall designate from among the members of the Commission the
Vice Chairman.

SECTION 6. Appointment of Members of the Commission. - The members of
the Commission shall be appointed by the President.

SECTION 7. Term of Office of Members. - The term of office of members of
the Commission shall be seven (7) years without reappointment. A member filling a
vacancy shall remain in office during the rest of the term of office of his predecessor.

The current members of the Commission may be reappointed by the President.

SECTION 8. Dismissal of Members. - A member of the Commission may be
dismissed for a cause as provided for by law.

SECTION 9. Performance of Duty, etc. of Members of the Commission. - The
provisions of Republic Act No. 6975, as amended by R.A. 8551, shall be applied, mutatis
‘mutandis, to the performance of duty of the Commission.

No member of the Commission shall become concurrently personnel in fall time
service of national or local public entities.


(B) Staff Services — the Staff Bureaus of the Commission, which shall be
headed by Assistant Commissioners, shall be as follows:

(1) The Crime Prevention, Planning and Research Bureau, which shall
provide technical services to the Commission in areas of overall policy formulation,
strategic and operational planning, management systems or procedures, evaluation and
monitoring of Commission’s programs, projects and internal operations; and shall
conduct thorough research and analysis on social and economic conditions affecting
peace and order in the country including criminological researches and studies, formulate
a national crime prevention plan; develop a crime prevention and information program
and provide editorial direction for all criminology research and crime prevention
Publications;

(2) The Legal Affairs Bureau, which shall provide the Commission
with efficient service as legal counsel of the Commission; draft or study contracts
affecting the Commission and submit appropriate recommendations pertaining thereto;
and render legal opinions arising from the administration and operation of the Philippine
‘National Police and the Commission;

(3) The Personnel and Administrative Bureau, which shall perform
personnel functions for the Commission, administer the entrance and promotional
examinations for policemen, provide the necessary services relating to records,
correspondence, supplies, property and equipment, security and general services, and the
maintenance and utilization of facilities, and provide services relating to manpower,
career planning and development, personnel transactions and employee welfare including
the conduct of continuous inspection and management audit of personnel, facilities and
operations at all levels of command of the PNP, and monitor the implementation of the
Commission’s programs and projects relative to law enforcement;

(4) The Installations and Logistics Bureau, which shall review the
Commission’s plans and programs and formulate policies and procedures regarding
acquisition, inventory, control, distribution, maintenance and disposal of supplies and
shall oversee the implementation of programs on transportation facilities and installations
and the procurement and maintenance of supplies and equipment;

(5) | The Financial Bureau, which shall provide the Commission
financial matters, including the overseeing of the processing and disbursement of funds
pertaining to the scholarship program and surviving children of deceased and/or
permanently incapacitated PNP personnel; and

(6) Internal Affairs Bureau, which shall be tasked as the disciplinary
arm of the Commission with powers to investigate and adjudicate administrative cases
filed before it including the monitoring and investigation of police anomalies and
irregularities. The powers and functions and organizational structure of the current


No member of the Commission shall become an executive member of a political
party or any other political body, or shall actively engage in political movements.

SECTION 10. Meetings of the Commission. - The National Police Commission
shall be convened by the Chairman of the Commission.

The National Police Commission shall neither be convened nor shall it make any
decisions unless the Chairman and not less than two regular members of the Commission
are present.

The proceedings of the National Police Commission shall be decided by the
majority of regular members who are present, and in case of a tie, it shall be broken by
the vote of the Chairman.

In case the Chairman is unable to perform his duties, the acting Chairman
provided for in paragraph 3, Section 5, shall perform the duties of the Chairman provided
for in the preceding two paragraphs, and as to counting the quorum to hold the
conference and the proceedings provided for in these paragraphs, he shall still be
regarded as a member of the Commission.

SECTION 11. Expiration of the term of office of the current Commissioners —
Upon effectivity of this act, the Commissioners whose term of office has not expired may
be allowed to continue serving the Commission until the expiration of their term of
Office.

SECTION 12. Ex officio Member. — The Chief of the Philippine National
Police shall be ex officio member of the National Police Commission and shall
participate in the deliberations of the Commission. He shall receive no compensation but
shall be entitled to reimbursement of actual expenses incurred in the performance of his

duties.

SECTION 13. Organizational restructuring. - The Internal Affairs Bureau shall
be subsumed into the Commission and shall be tasked as the disciplinary arm thereof
with powers to investigate and adjudicate administrative cases filed before it. The
powers, functions and organizational structure of the current Internal Affairs Service as
provided for under R.A. 8551 are hereby adopted to form part of this Act. All the
personnel of the current IAS, as well as the Inspection, Monitoring and Investigation
Service (IMIS) of the Commission shall be absorbed as members of the new IAS.

The Commission shall consist of the following:

(A) Commission Proper ~ This is composed of the offices of the Chairman and

four (4) Commissioners.


Intemal Affairs as provided for under R.A. 8551 is hereby adopted to form part of this
Act. Provided, that all the current personnel of the IAS, as well as the Inspection,
Monitoring and Investigation Service (IMIS) of the Commission shall be absorbed as
members of the IAB.

(C) Appellate Bodies — the National Appellate Board and Regional Appellate
Boards, as constituted under R.A. 6975, as amended by R.A. 8551, shall
retain their functions. All their decisions shall be appealable to the
Chairman.

SECTION 14. Regional, Provincial and District Directors - The Commission
shall establish, operate and maintain regional, provincial and district offices to be headed
by regional, provincial and district directors, respectively, who shall implement the
policies and programs of the Commission in their respective offices.

SECTION 15. Qualification of Regional, Provincial and District Directors —
The qualifications of regional, provincial and district directors shall be established in the
Implementing Rules and regulations of this Act.

SECTION 16. Career Development and Incentives - Personnel of the
Commission shall in addition to other allowances authorized under existing laws be
granted occupational specialty pay equivalent to fifty (50%) percent of their basic pay.
This pay shall not be considered a forfeiture of other remuneration and allowances which
are allowed under existing laws.

SECTION 17. Napolcom vis-a-vis Local Executives - The Mayor, as deputy of
the Napolcom, shall have the authority to order the Chief of Police in a way he sees fit to
ensure peace and order in his locality. The Chief of Police is duty bound to obey the
legitimate orders of the Mayor. However, should the Mayor attempt to abuse this
authority, as when he attempts to make the police his private army or when he fails to
maintain peace and order in his locality, then the National Police Commission shall
withdraw the deputation of the mayor and forthwith order the Chief, PNP to place the
municipality or city concemed under the control of the Governor.

The Governor, as deputy of the Napolcom, shall have the authority to command
the Provincial Director in a way he sees fit to ensure peace and order in the locality under
the control of the Governor. The Provincial Director is duty bound to obey the legitimate
orders of the Governor. However, should the Governor attempt to abuse this authority or
fails to maintain peace and order in the locality concerned, then the Napolcom shall
withdraw the deputation of the Governor and forthwith order the Chief, PNP to have the


Provincial Director restore, on his own level, peace and order in the locality concerned,
until such time that the Napoleom sees fit to give back the power to the Mayor or after a
new Mayor shall have been elected.

SECTION 18. Implementing Rules and Regulations — The National Police
Commission shall promulgate rules and regulations for the effective implementation of
this Act. Such rules and regulations shall take effect upon their publication in three (3)
newspapers of general circulation.

SECTION 19. Appropriation ~ For purposes of underwriting the operation of
the reorganized National Police Commission the sum of P. or $0 much
thereof as may be necessary is hereby appropriated out of any fuunds in the National
Treasury not otherwise appropriated, to include the present appropriations of the National
Police Commission. Thereafter, such amount as is necessary to carry out the provisions
of this Act shall be included in the annual General Appropriations Act.

SECTION 20. Penal Clause — Any person who, in violation of the provisions of
this Act and/or Civil Service rules and regulations, unduly interferes in the execution
thereof shall be punished with imprisonment for not less than six months but not more
than six years.

SECTION 21. Repealing Clause - The provisions of Republic Act Number Six
Thousand Nine Hundred Seventy Five and Republic Act Numbered Eight Thousand, Five
Hundred Fifty One and of executive orders, rules and regulations, inconsistent with this
Act are hereby repealed or modified accordingly.

SECTION 22. Separability Clause — If any part, section or provision of this Act
be held invalid or unconstitutional, no other part, section or provision thereof shall be

affected thereby.

SECTION 23. Effectivity Clause - This Act shall take effect after its complete
publication in at least three (3) newspapers of general circulation.

Approved,