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`  Republic of the Philippines
..     HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouseB£]]No.9fi2L5
-''-EL
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INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
]OCELYN P. TULFO, AND ERWIN T. TULFO
AN ACT ESTABLISHING THE NATIONAL POLICE CLEARANCE SYSTEM,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
As we continue to live in the digital age, it becomes imperative to modernize
and improve law enforcement processes in the Philippines. The Philippine National
Police  (PNP)  has  introduced  the  National  Police  Clearance  System  (NPCS),  a
centralized method for obtaining police clearances and an enhanced nationwide crime
detection  system  replacing  previously  fragmented  local  databases  susceptible  to
record manipulation.
Establishing  an  NPCS  in  the  Philippines  holds  significant  potential  for
achieving the mandate of the PNP. Firstly, the NPCS serves as an excellent source for
comprehensive crinrinal background checks. The system facilitates informed hiring
decisions by employers, helps ensure public safety, and prevents individuals with a
criminal record from attempting to conceal their history Of illegal activity. Secondly,
the   NPCS  plays   a   fundamental   role   in  crime   prevention  by   equipping  law
enforcement   agencies   with   the   ability   to   identify   repeat   offenders.   Lastly,
standardizing the police clearance process through the NCPS minimizes corruption
risks  and  ensures  fairness  and  transparency  by  mandating  a  uniform  approach,
building public trust and ensuring consistent administration of justice across different
locations in the country.
This bill seeks to institutionalize the NPCS that will standardize the process of
obtaining police clearances. The institutionalization of the NPCS proves as a vital step
towards  enhancing  security,  transparency,  and  efficiency  in  the  criminal  justice
system, serving the interests Of employers, organizations, law enforcement agencies,
and the general public.
By establishing a unified and standardized approach to police clearances, this
proposed  legislative  measure  aims  to  enhance  public  safety,  transparency,  and
efficiency throughout the nation.
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2


`- Republic of the Philippines
_    HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH coNGREss
Second Rlegular Session
House Bill No.  9825
n`ITRODucED 8¥ REPRESENTATlvES RALPH WENDEL p. TULFo,
TOCELYN P. TULFO, AND ERWIN T. TULFO
AN ACT ESTABLISHING THE NATIONAL POLICE CLEARANCE SYSTEM,
PRC}VIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House Of Rapreseritatives of the Philippines in Congress
assembled:
7          SECTION 1. Short T{.£Jc. -This Act shall be known as the "National police clearance
8      SystemActdf 2024".
9
1o          SEC. 2. I)¢chanzft.o# a/Po!..q/. -It is hereby declared the policy of the state to ensure
11      public safety through a highly efficient, effective, competent, and modemized police
12      force and the use of information and communications technology. Furfuermore, the
13      State shall improve efficiency in the delivery of service by reducing bureaucratic red
14     tape and preventing corruption while ensuring the protection of the fundamental
15      humanrighiof privaey.
16
17          SEC. 3. N#f±.o"J PoJz.ce cJcflrfl#ce sgrsfierm -The National police aearance system
18      (NFCS)  is  hereby  estabfished.  The  Philippine  National  Police  a?NP)  shall  be  the
19      govemment}agency responsible for the implementation of the NFes. Pusuant to this
20      mandate, the PNP shall formulate and adopt policies for the effective operationalization
21      of the NPCS, including but not limited to maintenance of a national record of all
22     reported crane incidents, warrants of anest, pictures and personal details of arrested
3


1      and wanted persons, fingerprints and ballistic examination records, and other relevant
2      inforrmtion.
3
4           SEC. 4. Naffo7a¢7 PoZz.ce Czcar¢7cce.  - The National Police aearance shall be the
5      primary government certificate or document indicating the presence or absence of any
6     criminal and/or derogatory records in the philippines of any individual.
7
8          The  National  Police  aearance  shall  also be the  sole  government certificate  or
9      document that will be required in all pNp transactions for verifying the presence or
1o     absence of atry criminal and/or derogatory records in the philippines of the individual
11      transactingwiththe PNP.
12
13           SEC. 5. Processz.7zg a/Zzz/om4tr.o#. -The processing of information under the NPCS
14      shall be sutiect to sections 11,12, and 13 of Republic Act No.10173, otherwise known
15      as the "Dafaprivacy Actof2012".
16
L]          Snc. 6. ISsuance of National police clearance. -Any person lria:y request for th!e
18      issuance of their National polic; Clearance from the PNP. In line with this, the pNp may
19      determine, fix, and conect reasonable amounts to be charged as fees for the issuance of
2o      the police clearance: Pnd.did, That no fees and other charges shall be colleded from first
21      time jobseekers when obtaining such police clearance as mandated by Republic Act No.
22      11261, othe]stwise known as the ``First Time Jobseekers Assistance Act".
23
24           SEC. 7. C}o#;fiderzf2.¢Jz.ty. -The PNP sham ensure at all tines the confidentiality of any
25      persond information that comes to its possession or obtained as a requirement for the
26     issuance of a police aearance under the preceding section.
27
28          SEC. 8. Peri¢Z prat".s!.ous.  -(a) Any person who breaches the confidentiality of
29     informatiori contained  in  the  Npes,  whether by carelessness,  improper behavior,
3o     behavior with malicious intent, or use of confidential information for profit, shall be
31     penalized by imprisonment of three (3) months but not to exceed one (1) year and a fine
4


1      Of not less than Fifty Thousand pesos (Php 50,000.00) but not more than one Hundred
2      Thousand l]esos q'hp100,000.00), sutyect to the degree of breach of informafron;
3
4          a) The unauthorized processing of National police aearance without the consent of
5      the subject individual shall be penalized by imprisonment of three (3) months but not
6      to exceed one (1) year and a fine of not less than Fifty Thousand pesos q'hp 50,OcO.00)
7      but not more than cine Hundred Thousand pesos Q'hp 100,000.00).
8
9          SBC. 9. Capabiltry Enhancement progra:Ins  of the PNP. -Cdiechoir\s from the
10      issuance  Of : National  Porice  aearance  shall  be  utilized  to  support  the  Capabflity
11      Enhancement programs of the PNP.
12
13          SEC.10. A"ropndtr.ous. -The amount necessary for the effective implementation
14     of the provisions of this Act shall be taken from the curent year's appropriation of the
15      PNP. Thereater, such sum as~may be needed for the continued implementation of this
16      Act shall be included in the armual General Appropriations Act.
17
18           SEC.11. rorpzc7I.c7¢f1.#g Rftzcs Cnd Rcgrt!¢tr.ous. -Within sixty (60) days from the
19     effedtivity of this Act, the PNP shall promulgate the mles and regulations necessary for
20      the effective: implementation of this Act.
21
22           SEC.  12.I Sqpflrtzbe.ZI.ty  Chausc.  -  If  any  provision  or  part  of  this  Act  is  held
23      uncoustitutibnal or invalid, the other provisions or parts thereof not affected thereby
24      shall contin+e to be in full force and effect.
25
26          SEC.13. Reycoz..#g chause -All other laws, decrees, orders, rules and regulations,
27      and other issuances or parts thereof inconsistent with the provisions Of this Act are
28     hereby repeded, amended, or modified accordingly.
29
5


1           SEC.14. £#ech.z#.fry. -This Act shall take effect fifteen (15) days after its publication
2      in the official Gazette-`or in a newspaper of general circulation.
3
4           Approvedi
6