1 
r‘ 
13TH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
. .  
‘04 
JUL -6 A11 :la 
SENATE 
,I w 
FIECEiVEU w :  
S. BILL NO. 
Introduced by Senator Ralph G. Recto 
EXPLANATORY NOTE 
I 
Article XVI, Section 6 of the 1987 Constitution provides that “the 
State shall establish and mainfain one police force which shall be national 
in scope and civilian in character to be administered and controlled by a 
national police commission. The authority of local executives over fhe 
police units in theirjurisdiction shall be provided by law.” 
Thus, Congress passed Republic Act No. 6975, otherwise known as 
the Department of the Interior and Local Government (DILG) Act of 1990, 
placing the Philippine National Police (PNP) under the DILG and 
deputizing governors and mayors as representatives of the National Police 
Commission (NAPOLCOM). It provided that mayors may exercise 
operational supervision and control over the PNP, Le., they shall have the 
power to “direct, superintend, oversee, inspect the police units or forces.” 
The implementing rules and regulations of the law emphasized the 
meaning of such provision as “the authority to prescribe general 
guidelines on the utilization of the members of the PNP”. Clearly, the law 
seemingly disregarded the intent of the framers of the Constitution to put 
civilians in charge of the police. The governors and mayors are left to 
“deal only with answers to what, where and why, leaving the who and 
how to the PNP Chief of Police or Provincial Director.”’ 
This bill proposes certain amendments to the law which conform 
with constitutional provisions and give teeth to the powers of the local 
chief executives to maintain peace and order in their territorial 
jurisdictions. Specifically, the bill seeks to expand the powers of the 
mayors and governors over police units by: 
1. 
Requiring the NAPOLCOM to include the assessment of the 
local chief executive of a police officer’s performance based 
on NAPOLCOM standards: 
Requiring the NAPOLCOM to include the endorsement from 
the Governor/Mayor as part of the promotion process: 
Placing the People’s Law Enforcement Board (PLEB) under 
the office of the mayor and allowing the mayor to chair the 
PLEB; 
Empowering the local chief executives to manage the day- 
to-day operations of the PNP in their respective units; and 
2. 
3. 
4. 
I “Authority of Local Executives Over the Philippine Naiional Police, ” an occasional paper published by 
Governance ana‘ Local Democracy (GOLD) Project, No. 97-03 


5. 
Giving them the authority to approve transfer of assignments 
and appointment of police officers within their territorial 
jurisdictions. 
These broadened powers should not be construed as giving the 
local chief executives "absolute" control but only "effective" control. The 
Governance and Local Democracy paper indicates that what the 
mayors and governors need is "sufficient authority and power to 
effectively ensure that the local police perform satisfactorily and that 
civilian authority remains supreme over the police." 
Reforming the PNP is a tall order but it has to start at some point. This 
bill serve as the proverbial first step of 
a long journey towards 
reinvigorating the police force, which, for all its faults and weakness, is 
admittedly a necessary institution in combating crime and lawlessness, 
and restoring peace and order in the country. 
In view of the foregoing, the immediate approval of this proposed 
measure is strongly urged. 


i 
I 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
13rH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
'04 
JUL -6 All :18 
SENATE 
1 
S. BILL NO. 
i 
Introduced by Senafor Ralph G. Recto 
AN ACT 
EXPANDING THE POWERS OF LOCAL CHIEF EXECUTIVES OVER LOCAL 
PHILIPPINE NATIONAL POLICE (PNP) FORCES, AMENDING FOR THE PURPOSE 
CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SIX THOUSAND NINE 
HUNDRED SEVENTY-FIVE (R.A. 6975), AS AMENDED 
Be if enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Section 37 of Republic Act No. 6975, as amended, is 
hereby amended to read as follows: 
"SEC. 37. Performance Evaluation. System. -- There shall be 
established a performance evaluation system which shall be 
administered in accordance with the rules, regulations and 
standards, and a code of conduct promulgated by the 
Commission for members of the PNP. Such performance evaluation 
system shall be administered in such a way as to foster the 
improvement of individual efficiency and behavioral discipline as 
well as the promotion of organizational effectiveness and respect 
for the constitutional and human rights of citizens, democratic 
principles and ideals and the supremacy of civilian authority over 
the militdry. 
"The rating system as contemplated herein shall be based on 
standards prescribed by the Commission and shall consider the 
results of annual physical, psychological and neuropsychiatric 
examinations conducted on the PNP officer or member concerned. 
I 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
24 
27 
28 
29 
30 
31 
32 
“THE COMMISSION SHALL INCLUDE THE ASSESSMENT OF THE 
GOVERNOR OR MAYOR, AS THE CASE MAY BE, OF A POLICE 
OFFICER’S PERFORMANCE BASED ON THE STANDARDS SET BY THE 
COMMISSION.” 
SEC. 2. Section 38 (a) of Republic Act No. 6975, as amended, is 
hereby further amended to read as follows: 
I 
“SEc. 38. Promotions. - A member of the PNP shall not be 
eligible for promotion to a higher positjon or rank unless he has 
successfully passed the corresponding promotional examination 
given by the Commission, or the Bar or corresponding board 
examinations for technical services and other professions, and has 
satisfactorily completed an appropriate and accredited course in 
the PNPA or equivalent training institutions. In addition, no member 
of the PNP shall be eligible for promotion unless he has been 
cleared by the People’s Law Enforcement Board (PLEB) of 
complaints proffered against him, if any[.], AND ENDORSED BY THE 
LOCAL CHIEF EXECUTIVE CONCERNED.” 
SEC. 3. Section 43 [a) and (b) of Republic Act No. 6975, as 
amended, is hereby further amended to read as follows: 
“SEC. 43. People’s Law Enforcement Board (PLEB). -- (a) 
Creation and Functions. - Within thirty (30) days from the 
issuance of the implementing rules and regulations by the 
Commission, there shall be created by the sangguniang 
panglunsod/bayan in every city and municipality such number of 
People’s Law Enforcement Boards (PLEBS) as may be necessary, 
WHICH SHALL BE UNDER THE OFFICE OF THE MAYOR: Provided, That 
there shall be at least one (1) PLEB for every municipality and for 
each of the legislative districts in a city. The PLEB shall have 
1 
I 
2 


1 
jurisdiction to hear and decide citizens' complaints or cases filed 
2 
before it against erring officers and members of the PNP. There shall 
3 
be at least one (1) PLEB for every five hundred (500) city or 
4 
municipal police personnel." 
5 
6 
"(b) 
7 
composed of the following: 
8 
Compensation and Term of Office -- The PLEB shall be 
9 
10 
11 
12 
13 
14 
15 
16 
17 
j 
"(1) 
x 
x 
X 
! 
"(2) x 
x 
X 
~ 
"(3) x 
x 
X 
"Tie MAYOR SHALL BE THE Chairman of the PLEB AND shall 
[be elected from among its members] HAVE THE DUTY, POWER AND 
AUTHORITY TO IMPLEMENT THE PLEB'S DECISIONS. The term of office 
of the members of the PLEB shall be for a period of two (2) years 
from assumption of office. Such member shall hold office until his 
18 
19 
20 
21 
22 
23 
"SEC. 51. Powers of local Government Officials Over the PNP 
24 
units or forces. - Governors and mayors shall be deputized as 
25 
representatives of the Commission in their respective territorial 
26 
jurisdiction. As such, the local executives shall discharge the 
27 
following functions: 
28 
successor shall have been chosen and qualified." 
SEC. 4. Section 51 (b)(l) of Republic Act. No. 6975, as amended, is 
hereby amended to read as follows: 
29 
"(a) X 
X 
X 
30 
31 
"(b) City and Municipal Mayors - (1) 
Operational 
32 
Supervision and Control. 
The City and municipal mayors shall 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
exercise operational supervision and control over PNP units in their 
respective jurisdictions except during the thirty (3)) day period 
immediately preceding and the thirty (30) days following any 
national, local or barangay elections. During the said period, the 
local police forces shall be under the supervision and control of the 
Commission on Elections. 
"The term "operational supervision and control" shall mean 
the power to direct, superintend, oversee and [inspect] MANAGE 
DAY-TO-DAY AFFAIRS OF the police units or forces. 
"X 
x 
X 
"Xi 
x 
X 
"XI 
x 
XI' 
SEC. 5. Section 51, paragraph (b)(4) of Republic Act. No. 6975, as 
amended, is hereby amended to read as follows: 
"SEC.51.(1) x 
x 
X 
"(2) x 
x 
X 
"(3) x 
x 
X 
"(4) Other Powers. - In addition to the aforementioned 
powers, city and municipal mayors shall have the following 
authority over the PNP units in,their respective jurisdictions: 
"(i) 
X 
X 
X 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
"(ii) Authority to [recommend] APPROVE the transfer, 
reassignment or detail of PNP members outside of their 
respective city or town residences; and 
"(iii) Authority to [recommend] APPROVE, from a list of 
eligibles previously screened by the peace and order council, 
the appointment of new members of the PNP to be assigned 
to their respective cities or municipalities without which no 
such appointment shall be attested." 
SEC. 6. Implementing Rules and Regulations. - The Department of 
Interior and Local Government (DILGJ and the National Police 
Commission (NAPOLCOM) shall promulgate the rules and regulations 
necessary for the effective implementation of this Act. 
SEC. 7. Repealing Clause. - 
All other laws, decrees, orders, 
issuances and'rules and regulations or parts thereof inconsistent with this 
Act are hereby amended or repealed accordingly. 
1 
SEC. 8. Sdparabilify C/ause. 
- 
The provisions of this Act are 
hereby declared to be separable and, in the event any of such provisions 
is declared unconstitutional, the order provision which is not affected 
thereby shall remain in full force and effect. 
SEC. 9. Effectivity. - This Act shall take effect upon approval by the 
President. 
Approved, 
5