Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session
House Bill No. 9933

INTRODUCED BY REP. ESMAEL “TOTO” G. MANGUDADATU

EXPLANATORY NOTE

This bill aims to strengthen the impartiality and integrity of the Internal Affairs Service
(IAS) by creating the Bureau of Special Investigations (BSI) amending for the purpose
Republic Act No. 8551 otherwise known as “Philippine National Police Reform and
Modernization Act”.

Presently, the IAS is under the direct supervision of the Chief of PNP. As the watchdog
of integrity of the civilian personnel, the Internal Affairs Service (IAS), ought to be free from
any form of influence, pressure, intimidation, and intervention from the Chief of PNP and other
high ranking PNP officers in the performance of their investigative and adjudicative duties.
Moreover, the Bureau of Jail Management and Penology and the Bureau of Fire Protection
currently has no IAS of their own.

Therefore, an independent and impartial Bureau of Special Investigations (BSI) as the
oversight bureau for the integrity of the PNP, BJMP, and BFP shall be created. The Secretary
of the Interior and Local Government shall have the sole supervision over BSI to ensure an
independent, impartial, and effective functions of the duties of the BSI, outside from the
framework of the PNP, BJMP, and BFP.

For the afore-mentioned reasons, the approval of this Bill is fervently requested.

ESMAEL



Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session
House Bill No.__5933_

INTRODUCED BY REP. ESMAEL “TOTO” G. MANGUDADATU

AN ACT
CREATING THE BUREAU OF SPECIAL INVESTIGATIONS (BSI), PROVIDING
FUNDS THEREOF, AND AMMENDING FOR THIS PURPOSE REPUBLIC ACT NO.
8551 OTHERWISE KNOWN AS THE “PHILIPPINE NATIONAL POLICE REFORM
AND REORGANIZATION ACT OF 1998”

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

TITLE
TITLE AND DECLARATION OF POLICY

Section 1. Short Title — This act shall be known as “The Bureau of Special Investigations
Act”.

Section 2. Declaration of Policy — It is the policy of the state that public officers and
employees must at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and
lead modest lives.


Section 3.

The Bureau of Special Investigations shall be organized to ensure accountability and
uprightness of the personnel of the Philippine National Police (PNP), the Bureau of
Jail and Penology (BIMP), the Bureau of Fire Protection (BFP), the Philippine
Public Safety College (PPSC), and other bureaus in the Department of the Interior
and Local Government (DILG) which are considered to be parts of the uniformed
services in the conduct of law enforcement and/or in the performance of their
functions.

TITLE I
THE BUREAU OF SPECIAL INVESTIGATIONS

Creation Power and Functions - There is hereby created an independent, impartial,
and effective Bureau of Special Investigations (BSI) under the direct supervision of
the Secretary of the Interior and Local Government (SILG) which shall have the
following functions:

a) Pro-actively conduct inspections and audits on PNP, BJMP, BFP, PPSC, and
other bureaus in the Department of the Interior and Local Government (DILG)
which are considered to be parts of the uniformed services and submit results
of such inspections and audits to SILG for appropriate action and/or guidance
in policy formulation and submit results of such inspection to the requesting
authority, or the SILG for appropriate action and/or guidance in policy
formulation;

b) Investigate complaints, gather evidence in support of an open investigation,

f of PNP
or SILG, for appropriate action and/or file appropriate formal complaints

and submit results thereof to the requesting authority, or to the Chi

before it if the evidence gathered in such investigation warrants
formal/summary hearing for proper disposition;

c) Conduct summary hearings on PNP, BJMP, BFP, PPSC, and other personnel
in the uniformed service who are facing administrative charges;

4) Submit periodic report on the assessment, analysis, and evaluation of the
character and behavior of PNP, BJMP, BFP, PPSC, including personnel of the


Bureaus in the DILG, to the SILG and the National Police Commission in the
selection and promotion of PNP, BIMP, BFP, and PPSC personnel, including
other Bureaus in the DILG;

©) File appropriate criminal cases against PNP, BJMP, BFP, PPSC and other
personnel in the uniformed service before the court as evidence warrants and
assist in the prosecution of the case;

f) Provide assistance to the Ombudsman and other police disciplinary offices in
cases involving the personnel of the PNP, BIMP, BFP, PPSC and other
bureaus in the DILG which are considered to be parts of the uniformed
services; and

g) Perform investigations as may be directed by the SILG concerning the
character, behavior or actions of the aforementioned personnel, which may
negatively affect the image, performance, and integrity of the PNP, BIMP,
BEP, PPSC or any other bureau under the DILG which is considered as part of

the uniformed services.

The BSI shall also conduct, motu propio, automatic investigations of the following

cases involving the aforementioned personnel:

a) Incidents where a personnel discharges a firearm;

b) Incidents where death, serious physical injury, or any violation of human
rights occurred in the conduct of an operation;

©) Incidents where evidence was compromised, tampered with, obliterated, or
lost while in the custody of police personnel;

4) Incidents where a suspect in the custody of the police was seriously injured;
and

) Incidents where the established rules of engagement have been violated.

Finally, the BSI shall provide recommendations vis-a-vis promotion of the personnel
of PNP, BJMP, BFP, PPSC and other bureaus in the uniformed service or their
assignment to any key position.


Section 4.

Section 5.

Organization. - A National BSI Office shall be established together with offices for
every region and province. The BSI shall be headed by an Inspector General (IG)
who shall be assisted by two (2) Deputy Inspector Generals (DIG), specifically one
(1) DIG for Administration and one (1) DIG for Operations.

The regional offices shall be headed by a Regional Director while the provincial
office shall be headed by a Provincial Director.

The head of the BSI shall be a civilian who shall meet the qualification requirements
provided herein.

For purposes of efficiency and responsiveness in the execution of the functions of
the BSI vis-a-vis the coverage of this Act, the BSI, in coordination with the Office of
the SILG, shall establish a rationalized staffing and organizational structure from the
national level down to the provincial level. However, the system of pay and
allowances, upgrading of salaries and benefits, promotion, attrition and personnel
career development as well as retirement and separation program shall be patterned
after the PNP, as provided in its rationalization plan.

The BSI shall have its own financial and logistics management and services
programs subject to the approval of the SILG.

Appointments. — The Inspector General shall be appointed by the President upon the
recommendation of the SILG. The Inspector General (IG) shall serve for a term of

six (6) years without reappointment or extension.

The Inspector General shall have the following qualifications:

a) A citizen of the Philippines;

b) A member of the Philippine Bar with at least five (5) year of experience in
handling criminal or administrative cases; and


Section 6.

Section 7.

Section 8.

Section 9.

Section 10.

c) Must not be an active personnel of the PNP, BJMP, BFP, PPSC or any other

bureau under the DILG that is considered as a part of the uniformed services.

Appointments of personnel who shall occupy various positions shall be made by the
Inspector General and shall be based on an established career pattern and criteria to
be promulgated by the BSI.

Entry qualifications to BSI — Entry or transfer to the BSI shall be voluntary and
subject to the rigid screening where only persons who have at least three (3) years
of experience in criminal, forensic, and/or administrative investigation, with proven
competence and integrity, and who have no derogatory service record shall be
considered for appointment

Appointments to the National, Regional, and Provincial Bureau of Special
Investigations (BSI) — Appointments of the heads of the National, Regional, and
Provincial Bureau of Special Investigations shall be approved by the Inspector
General of the BSI. Likewise, the BSI IG shall be the approving/appointing

authority of all hiring and promotions of personnel.

Promotions. - The BSI shall establish a promotion system which shall follow the
general principle of the promotion in the PNP.

Prohibitions. — Any personnel who shall be employed with the BSI shall not
thereafter be qualified to join any other unit of the PNP, BJMP, BFP, and other
Bureaus of the DILG. Neither shall any personnel of the BSI be allowed to sit in a
committee deliberating on the appointment, promotion, or assignment of any PNP,
BMP, BFP personnel, and other Bureaus of the DILG.

Career Development and Incentives. — Non-administrative personnel of the BSI
shall be granted the following:


Section 11.

Section 12.

Section 13.

a) Occupational specialty pay which shall not exceed fifty percent (50%) of their
basic pay. This pay shall not be considered a forfeiture of other renumeration
and allowances allowed under existing laws.

'b) Priority in the quota allocation for training and education.

Records Management of the BSI. — National, Regional, and Provincial BSI shall
maintain and update the administrative case profile/records of the members of the
PNP, BIMP, BFP, PPSC and other herein contemplated bureaus within their
jurisdiction. The heads or any high-ranking officials of the PNP, BIMP, BFP, PPSC
and other offices shall not, in any way, deny the request of the BSI for such records
for this purpose, unless an order from a competent court is issued denying access to

such records.

When a personnel of PNP, BJMP, BFP, PPSC, and other bureaus concerned is
reassigned, transferred, or promoted to another location or unit outside the
jurisdiction of the current BSI where his record is maintained, his records shall be
transferred to the BSI with jurisdiction over the transferred personnel while copies
will be retained by the former BSI. In cases where a personnel of the PNP, BIMP,
BFP, PPSC, and other bureaus covered has been relieved of his position and has not
been given an assignment, the BSI of his last assignment, shall continue to have
jurisdiction over his or her records until such time that the officer or member shall

have been given a new assignment where his records will be forwarded.

Inclusion of Supervisors and Superiors in BSI Investigations. — The immediate
superior or supervisor of the personnel or units being investigated shall be
automatically included in the investigation of the BSI for purposes of determining

lapses in administration or supervision.

Citizen’s Complaint. — The Bureau of Special Investigation shall have jurisdiction
to investigate Citizen’s complaints and cases referred by the People’s Law
Enforcement Board and against Members of the PNP, BJMP, BFP, PPSC and other


Offices covered by this Act; Provided, that, with respect to Section 41(a) of RA No.
6975 as amended, a complaint or a charge filed against a member of the PNP,
BIMP, BEP, PPSC and other bureaus covered by this Act shall be heard exclusively
by the disciplining authority who first acquired jurisdiction over the case
notwithstanding the existence of concurrent jurisdiction as regards the offense.
Whichever the case may be, the disciplining authority herein contemplated shall
submit his/her findings, assessments, and recommendations directly to the SILG
through the BSI IG for the SILG’s decision.

After receipt of complaint, no other case involving the same cause of action shall be
filed with any other disciplinary authority in order to prevent forum shopping or

multiple filing of complaints.

Section 14. Disciplinary Recommendations of the BSI. —

(a) Any uniformed personnel of the PNP, BJMP, BFP, PPSC and other bureaus
under the DILG, which are considered to be parts of the uniformed services, who
is found guilty of any of the cases mentioned in Section 3 of this Act and any
immediate superior or supervisor found negligent under Section 12 shall be
automatically dismissed or demoted, as the case may be.

(b) A final Decision by the SILG for the imposition of disciplinary measures
against an erring PNP, BJMP, BFP, PPSC and other covered bureau’s personnel
shall be immediately implemented and cannot be revised, set-aside, or unduly
delayed by any disciplining authority except by order of the court. Any
disciplining authority as mentioned in Section 41 of RA No. 6975 who fails to act
or who acts with abuse of discretion regarding the decision of the SILG shall be
made liable for gross neglect of duty. The disciplinary authority who acts in such
manner shall automatically be submitted for investigation to the Inspector General

or to the SILG, as may be deemed appropriate, for proper disposition.


Section 15.

Section 16.

Section 17.

Appeals. — Appeals to decisions based on the findings and recommendations
rendered by the Provincial BSI shall be appealable to the Regional BSI within ten
(10) working days upon the receipt thereof. Failure to file a verified appeal to the
Regional BSI shall make such decision/s final and executory. In case of appeal of
such Decision to the Regional BSI, the latter has forty five (45) days within which
to decide such appeal or he may conduct clarificatory hearings within such period
otherwise he must resolve such appeal within sixty (60) from receipt of such appeal.

In case of adverse decision of the Regional BSI or in case of failure to decide the
appeal within sixty (60) days from receipt of such appeal, the aggrieved party may
file a verified Petition for Review to the IG/National BSI, with the option to create a
panel. Decisions of the IG/National BSI, on meritorious grounds, may be further
raised to the SILG or the court as may be appropriate. Provided, That the summary
dismissal powers of the Police General and Regional Directors as provided in
Section 42 of Republic Act No. 6975 shall remain valid: Provided, further, That the
existing jurisdiction over offenses as provided under Section 41(b)(c) of Republic
‘Act No. 6975 as amended shall not be affected.

Complaints Against the BSI. — A complaint against any personnel or office of the
BSI shall be brought to the Inspector General's Office or to the Office of the SILG
as may be deemed appropriate.

TITLE 11
TRANSITORY PROVISIONS

Transitory Provision. — The Internal Affairs Service (IAS) of the PNP shall be
transferred under the supervision of SILG thirty (30) days after the effectivity of
this Act. Provided, that the first appointed IG must select those qualified to join the
ranks of the BSI from the existing IAS personnel. The IAS personnel who have not
been selected or those who opt not to join the BSI will be given the option to return
to the PNP or to retire from service. Provided, further, that all unexpended


Section 18.

Section 19.

Section 20.

Section 21.

Section 22.

appropriations, supplies, materials and equipment of the IAS shall be transferred to
the BSI.

TITLE IV
FINAL PROVISIONS

Implementing Rules and Regulation, — The previous IAS of the PNP which shall
form part of the BSI and the Department of Interior and Local Government shall
promulgate rules and regulation for the effective implementation of this Act within
one (1) year from approval of this Act. Such rules and regulation shall take effect
upon their publication in three (3) newspapers of general circulations or publication
in the Official Gazette.

Appropriations. — The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.

Repealing Clause. — All laws, presidential decrees, letters of instructions, executive
orders, rules and regulations insofar as they are inconsistent with this Act, are

hereby repealed or amended as the case may be.

Separability Clause. — In case any provision of this Act or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be
affected thereby.

Effectivity Clause. — This Act shall take effect after its complete publication in at
least three (3) newspapers of general circulation publication in the Official Gazette.