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

House’ Bill No. 1268

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

EXPLANATORY NOTE

The passage of Republic Act Number 6975, An Act Establishing the Philippine National
Police (PNP) Under a Reorganized Department of the Interior and Local Government and for
Other Purposes, has introduced significant changes in the organization of the country’s police
force.

Under RA No. 6975,the Department of the Interior and Local Government (DILG) has
the power of supervision and control over the Bureau of Fire Protection (BFP) and the Bureau of
Jail Management and Penology (BJMP), while the National Police Commission (NAPOLCOM)
exercises administrative control and supervision over the PNP. Meanwhile, the power to
supervise the affairs of the Armed Forces of the Philippines (AFP) remains with the Department
of National Defense (DND). Prior to the passage of the said law, control and supervision over the
country’s police force, firemen and jail guards fell under the shoulders of the APP.

In light of the meaningful reforms brought about by the implementation of RA No. 6975,
it has become imperative for the Congress of the Philippines to likewise introduce corresponding
amendments to existing laws effecting the country’s police organization. One of these laws is
RA No. 6963, otherwise known as “An Act Granting Special Financial Assistance and Benefits
to the Family or Beneficiary of any Police or Military Personnel or Firemen Killed or
Permanently Incapacitated While in the Performance of his Duty or by Reason of his Office or
Position, and for the Purposes” which seeks to grant financial assistance to members of the
military and police as well as firemen killed or permancatly incapacitated in the line of duty.

Under RA No. 6963, the AFP and BED share in the allocation of funds from the license
fees of firearms collected by the PC ~ INP Firearms and Explosives Office (FEO) to support the
educational program of their dependents. This arrangement was feasible at the time because the
police was still under the AFP. But when RA No. 6975 was enacted and resulted in the creation
of the PNP separate from AFP and BFD, it becomes logical and the proceeds of the fees
collected by the PNP through the FEO should redound solely to its benefits. Besides, the strength
of the PNP is almost equal to the AFP and therefore the amount generated out of the proceeds
and the license fees will just be enough to support the needs of the PNP. Additionally, the AFP.
and the BFD have their own funding sources since they too have their revenue generating
activities to support their programs.

This proposed measure intends to amend the provisions of RA No. 6963 to reflect the
developments brought about by the passage of RA No. 6975. The important features of this
proposed measure are the following:

a. The proceeds of the firearms iicense fees being collected by the PNP Firearms
and the Explosive Office, which is the source of the educational funds under RA


No. 6963 shall be allocated solely for the use of the qualified dependents of the
PNP;

b. The educational benefits shall also extend to qualified dependents of non —
uniformed personnel of the PNP:

c. The PNP shall manage the amount collected as educational funds for the
dependents of the PNP; and

d. The Chief, PNP shall be authorized to utilize the educational funds for other
purposes in the PNP.

It is high time that we provide the much needed boost to our police personnel by showing
our concern amidst the challenging role they play in our present society. One way to show our
concem is by giving of support for the educational benefits of qualified dependents of police
personnel, Certainly, this will help alleviate the economic condition of our personnel. While we
are quick to condemn the scalawags in uniform, we must also be fast to reward the deserving.

With this, the approval of this measure is earnestly sought.

-~?e Baye

AUGUSTO BOBOY SYJUCO, Ph. D.
2" District, Province of lloilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

oF 1268

House Bill No.

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

AN ACT

AMENDING REPUBLIC ACT NO. 6963, OTHERWISE KNOWN AS “AN ACT
GRANTING SPECIAL FINANCIAL ASSISTANCE AND BENEFITS TO THE FAMILY
OR BENEFICIARY OF ANY POLICE OR MILITARY PERSONNEL OR FIREMAN
KILLED OR PERMANENTLY INCAPACITATED WHILE IN THE PERFORMANCE,
OF HIS DUTY OR BY REASON OF HIS OFFICE OR POSITION AND ALSO.
EXTENDING SCHOLARSHIP ASSISTANCE TO THE DEPENDENTS OF THEIR
ACTIVE MEMBERS” AND FOR OTHER PURPOSES

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

SECTION 1. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Republic Act No. 6963
are hereby amended to read as enumerated:

“SEC. 1. The family or beneficiary of any [policy or military personnel, including
any fireman assisting in a police or military action] PERSONNEL OF THE
PHILIPPINE NATIONAL (PNP), ARMED FORCED OF THE PHILIPPINES
(AFP), BUREAU OF FIRE PROTECTION (BFP) AND THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP) who killed or becomes TOTALLY
AND permanently incapacitated while in the [performance] LINE of [his] duty or by
reason of his/HER office or position, provided he has not committed any crime or human
rights violation by final judgment on such occasion, shall be entitled to the special
financial assistance provided for in this Act in addition to whatever compensation,
donation, insurance, gift, pension, grant or any form of benefit which said deceased or
permanently incapacitated person or his/HER family receive or be entitled to.

“SEC. 2. THE TERM “PERSONNEL”, AS USED IN THIS ACT, SHALL
REFER TO BOTH THE UNIFORMED AND NON - UNIFORMED PERSONNEL
OF THE PNP, AFP, BFP AND BJMP WHILE [T]the term “family” OR
“BENEFICIARY”, [as used in this Act} shall refer to the surviving legal spouse and
his/HER legitimate children, or parents or brothers and sisters, or aunts and uncles, in
that respective order: Provided, That, if {the police or military personnel or fireman is a
Muslim] PNP, AFP, BFP OR BJMP PERSONNEL IS ESPOUSING A MUSLIM
FAITH, the pertinent provisions of the Code of Muslim Personal Laws (Shari‘a) shall
apply [ . ]; AND AS USED IN REFERENCE TO THE DEATH OR INJURY
SUFFERED BY ANY PNP; AFP: BFP OR BJMP PERSONNEL, THE PHRASE
“IN THE LINE OF DUTY OR BY REASON OF OFFICE OR POSITION” SHALL



BE CONSTRUED TO MEAN THAT THE DEATH OR INJURY WAS CAUSED
WHILE IN THE PERFORMANCE OF ANY POLICE, MILITARY, FIRE OR
JAIL DUTY, AS THE CASE MAY BE, OR OCCASIONED BY A FORTUITOUS
EVENT, FORCE MAJEUR OR ANY OTHER ACT OF A THIRD PARTY
WITHOUT FAULT OR NEGLIGENCE ATTRIBUTABLE TO’ THE
PERSONNEL CONCERNED. CN TH OTHER HAND, WHERE THE DEATH
OR INJURY WAS DUE TO HIS/HER OWN ACT, THE LATTER MUST BE
LAWFUL AND SUCH DEATH OR INJURY MUST NOT BE SELF-INFLICTED
OR ABETTED BY ILIS/HER GROSS NEGLIGENCE, ALCOHOLISM, DRUG
ADDICTION GR ABUSE OF AUTHORITY. FURTHERMORE, LINE OF DUTY
SHALL INCLUDE GOING TO AND COMING FROM HIS/HER OFFICE OR
WHILE ON LEAVE OR ON ADMINISTRATIVE MISSION. IN CASE OF
DOUBT AS TO WHETHER THE DEATH OR INJURY SUSTAINED BY ANY
MEMBER OF THE PNP, AFP, BFP OR BJMP PERSONNEL IS IN LINE OF
DUTY, IT SHALL BE DECIDED IN HIS/HER FAVOR.”

“SEC. 3. The special financial assistance referred to in Section One hereof shall
be that which is equivalent to the average six (6) months salary, including allowances and
bonuses, during the last twelve (12) months preceding the death OR PERMANENT
INCAPACITY of the [officer] PERSONNEL which shall not be considered a part of
the estate of the deceased and which shall be exempt from attachment, garnishment or
execution and from income and other taxes.”

“SEC. 4, It shall be the duty of the cashier from whom the deceased or
permanently incapacitated [police or military personnel or fireman] PERSONNEL OF
‘THE PNP, AFP, BFP OR BJMP used to receive his/HER salary, within three (3) days
from receipt of a written certification from the station or unit commander of the fact of
death OR PERMANENT INCAPACITY and the circumstances thereof, to deliver to
the beneficiaries such special financial assistance as stated in Section Three hereof, In
case of permanent [disability] INCAPACITY, a certification by the proper medical
officer designated by the CHIEF OF THE PNP, OR THE Chief of Staff of the [Armed
Forces of the Philippines] AFP, or the [Director General of the Integrated National
Police] DIRECTOR OF THE BEP, OR THE DIRECTOR OF THE BJMBP, as the
case may be, is necessary for the payment of the aforesaid SPECIAL financial
assistance. After said payment, a report with the formal certificate of death or permanent
incapacity shall be RESPECTIVELY submitted to the [Secretary of National Defense or
the Director General of the Integrated National Police] CHIEF OF THE PNP, OR THE
CHIEF OF STAFF OF THE AFP, OR DIRECTOR OF THE BEP, AND THE
‘TOR OF THE BJMP.”

“SEC. 3. In order to assure the payment of the special finan ial assistance
referred to in this Act, without any need of any appropriation act or urdinance, the
shail come from the expected salary, allowances and bonusES of the deceased

or permanenily incapacitated [police or military] personnel OF THIE PNP, AFP, BFP,
OR BJMP [or fireman} for the six (6) months after his,HER death or
PERMANENT incapaci That the position left vacant by the deceased or
permanently incapacitated [police or, military, or fireman] PERSONNEL OF THE
PNP. AFP, BFP, OR BJMP on account of his/HIR death or PERMANENT incapacity
shall not be filled during that period of six (6) months: Provided, further, That if the
public welfare and the interest so demand, as determined by the [municipal or city mayor
or provincial governor] CHIEF OF THE PNP, in case of a [police] PNP personnel {or
fireman, or by the Secretary of National Defense], OR THE CHIEF OF STAFF OF
THE ABP, inc personnel, OR THE DIRECTOR OF BFP, IN CASE
OF A BIRE PERSONNEL, OR THE DIRECTOR OF BJMP, IN CASE OF A JAIL
PERSONNEL, the position feft vacant by the deceased [personnel], or permanently
pacitated personnel may be filled without waiting for the expiration of the six (6)
months period earlier mentioned, in which case, the funds out of which the special



ial assistance already received by the family of the deceased or permanently
‘itated police personnel by the family of the deceased or permanently incapacitated
police personnel shall be replenished out of the emergency savings of the {municipality,

y or province, or the department,] CONCERNED BUREAUS upon the direction in
writing by [the municipal or city mayor or governor of the province or department
secretary,] THEIR RESPECTIVE CHIEFS OR DIRECTORS to their respective
treasurers or cashiers. {: Provided, finally, That, in the event of such emergency, no
emergency savings as provided herein exist, the regional commander or the provincial
commander, as the case may be, may draw augmentation person el from any
nyanicipality in the province or region to fill up the vacancy until sucl. time that the
municipality where the vacancy occurred can fill up such vacancy with regular
personnel.”

“SEC. 6. If any [police or military] personnel {or fireman] OF THE PNP, AFP,
BFP, OR BJMP is injured or wounded [or in any manner suffers any injury] in the
performance of his/HIER official dutics, the hospitalization expenses ‘of such
PERSONNEL [police or military personnel or fireman] shall be shouldered by the office
where he/SHE belongs, chargeable against the salary savings of such office without the
need of any appropriation act or ordinance.”

“SEC. 7. The surviving spouse of the’ deceased or permanently incapacitated
{police or military) personnel (or fireman] OF THE PNP, AFP, BFP, OR BJMP shall
be given priority in employment in 2 government agency or office where HIS/her
qualifications are fited: Provided, that if the spouse is already employed or not
employable or if Hi/she waives H1S/her employment privilege, then an employable son
of daughter shall be granted the said privil

BC. 8. [AU surviving children) AT MOST FOUR (4) LEGAL
DEPENDENTS of the deceased or permanently incapacitated [police or military]
personnel OF THE PNP, AFP, BFP, OR BIMP for fireman] shall be extended
scholarship up to college in [a non-ex ] AN EDUCATIONAL institution, [subject
to the policies on the tition of said institution:] AS MAY BE DETERMINED BY
4 PECTIVE BUR) 'S OR OFFICES. The scholarship privilege shall be
to the payment of tuition and miscellaneous fees payable to the school: {and shall
be remitted by the National Police Commission) NAPOLCOM, IN THE CASE OF
‘THE PNP; or the Department of National Defense, IN THE CASE OF THE AFP; OR
THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, IN THE
CASE OF BFF AND THE BJMP [as the case may be], upon THE presentation [to it]
of the approved enroliment or registration form [.]: PROVIDED, THAT ONLY ONE
LEGAL DEPENDENT OF THE PERSONNEL IN ACTIVE DUTY MAY BE
ENTITLED TO THE SCHOLARSHIP: PROVIDED, FURTHER, THAT IF FUNDS
ARE NOT SUFFICIENT TO SUPPORT THE SCHOLARSHIP OF ALL
QUALIFIED LEGAL DEPENDENTS, PRIORITY SHALL BE GIVEN TO THE
LEGAL DEPENDENTS OF THE DE SED OR INCAPACITATED MEMBER
PERSONNEL OF THE PNP, AFP, BFP OR BJMP THAN THE LEGAL.
DEPENDENTS OF THEIR ACTIVE UNIFORMED AND NON-UNIFORMED
PERSONNEL; PROVIDED, FINALLY, THAT IN CASES OF SINGLE AND/OR,
UNMARRIED PERSONNEL, THE SCHOLARSHIP SHALL BENEFIT ONLY
ONE (1) LEGAL DEPENDENT WHO IS UNMARRIED AND UNEMPLOYED.”

“SEC. 9. The [amount necessary to fund the scholarship assistance mentioned
above shall be taken from the proceeds of the ] FIREARMS license fees [for firearms]
collected by the [Philippine Constabulary] FIREARMS AND EXPLOSIVES OFFICE
OF THE PNP SHALL BE USED SOLELY BY THE PNP FOR THE AFORESAID
SCHOLARSHIP PROGRAM: Provided, That the [collection from the said license fees
for one (1) year following the approval of this Act shall constitute the initial funds
reserve for the purpose of this Act, to be replenished or enhanced by collections in the



succeeding years.) CHIEF OF THE PNP, MAY GENERATE ADDITIONAL
SOURCES FOR THE SAME COMING FROM OTHER FEES WHICH THE PNP
IS AUTHORIZED TO COLLECT UNDER EXISTING LAWS.

THE SCHOLARSHIP PROGRAMS OF THE AFP, BFP AND BJMP
SHALL BE FUNDED BY SUCH INTEREST INCOME AS MAY BE EARNED
FROM THE AMOUNT OF THEIR RESPECTIVE SAVINGS GENERATED OUT
OF THE TOTAL SCHOLARSHIP FUNDS SO FAR RECEIVED BY THEM
FROM THE FIREARMS LICENSE FEES COLLECTED BY THE PNP:
PROVIDED, THAT THE AFP, BFP AND BJMP MAY GENERATE
ADDITIONAL SOURCES OF FUNDS THAT WILL SUPPORT THEIR
SCHOLARSHIP PROGRAMS, SUCH AS, BUT SHALL NOT BE LIMITED TO,
EXISTING TRUST FUNDS ESTABLISHED FOR THEIR BENEFIT.”

“SEC. 10. The {said] SCHOLARSHIP funds [collected from the firearms
licensing fees} shall be {fumed over to the National Police Commission which shall
administer the same for the purpose of this Act in the case of Integrated National Police
members and firemen, and the Department of National Defense in the case of military
personnel] MANAGED AND ADMINISTERED BY ‘THE CHIEF OF THIE PNP,
‘THE CHIEF OF STAFF OF THE AFP, THE DIRECTOR OF THE BFP, AND
THE DIRECTOR OF THE BJMP THROUGH THEIR RESPECTIVE
SCHOLARSHIP BOARDS COMPOSED OF A CHAIRMAN AND FOUR (4)
MEMBERS. THE MEMBERSHIP OF THE BOARD SHALL BE DESIGNATED
BY THE CHIEF OF THE PHILIPPINE NATIONAL POLICE.”

“SEC. 11, Any person who unduly delays, refuses or in any manner prevents the
payment of the special financial assistance OR THE SCHOLARSHIP ASSISTANCE
[defined] AS PROVIDED in this Act to the person or persons entitled thereto shall be
dismissed from the office if found guilty in an appropriate administrative case.”

“SEC. 12. Nothing in this Act shall be construed to prejudice and diminish
whatever benefits a [member of the military establishment or the Integrated National
Police] PERSONNEL OF THE PNP,'AFP, BFP AND BJMP is cnlitled to receive
under existing laws.”

SEC. 2. The National Police Commission (NAPOLCOM) in coordination with the
Department of Interior and Local Government (DILG) and the Department of National Defense
(DND) shall prepare and issue the necessary rules and regulations for the effective
implementation of this Act.”

SEC. 3. All aots, laws, decrees, executive orders and rules and regulations which are
contrary to or ineonsistent with this Act are hereby repealed, and/or modified accordingly.

SEC. 4, This act shall take effect upon publication in two (2) newspapers of general
cireulation.

Approved,