Ke REPRESEN
“ E-l Filed

2 SS

iS RECEIVED a
REPUBLIC OF THE PHILIPPINES || DATE May 28, 2021 a
HOUSE OF REPRESENTATIVES \\ + tie 6:52am *
auezonery Gov Ras
\< i,
EIGHTEENTH CONGRESS €)
SECOND REGULAR SESSION Wp INDEXES

HOUSE BILLNO._9493

INTRODUCED BY REPRESENTATIVE FREDERICK W. SIAO

Despite careful screening and selection among our PNP personnel it cannot be denied
that record and history has shown that many “rotten eggs” are in the system. This has
brought much shame to this honored institution, thus reforms must be put in place to
correct the situation.

This proposed House Bill seeks to strengthen the disciplinary mechanism in our Police
Force, so as to make sure that they tow the line and that they honor the image of the
Force in which they are sworn to uphold and protect.

It is timely that we now have a Chief PNP who vowed to cleanse the system and he
needs all the help that he can get. This House Bill seeks to support the aspirations of
the current Chief PNP General Guillermo Eleazar with the prayers that he will attain his
objectives of cleansing the system.

We who are representatives of the people must make sure that we bring back the pride
and honor of the PNP by eliminating those who are called “scalawags” among the
ranks.

But at the same we must honor and hold high in esteem those who maintain their
dignity and pride in the PNP Profession despite the challenges of the times.

This proposed House Bill will strengthen and reinforce RA 8551 (An Act providing for
the reform and reorganization of the PNP) and RA 6975 (An Act establishing the PNP.
under a reorganized DILG and for other purposes.



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

EIGHTEENTH CONGRESS
SECOND REGULAR SESSION

HOUSE BILL NO._9493

“AN ACT TO STRENGTHEN DISCIPLINARY MECHANISM IN THE PHILIPPINE
NATIONAL POLICE, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 6975, AS AMENDED BY REPUBLIC ACT NO. 8551 FOR
OTHER PURPOSES”

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

Sec 1. Short Title - This Act shall be known as the “Strengthened Philippine National
Police (PNP) Disciplinary Mechanism Act.”

Sec 2. Declaration of Policy and Principles - It is the policy of the state to establish
a highly efficient, effective and competent police force, which is national in scope,
civilian in character, and administered and controlled by the National Police
Commission (NAPOLCOM).

A community and service-oriented law enforcement agency, the PNP shall
promote and respect human rights and uphold the rule of law in the performance of its
primary functions to maintain peace and order and ensure public safety and security.

The State shall endeavor to establish and maintain a strengthened internal
affairs service in the Philippine National Police that shall be the primary instrument to
measure, enhance, and instill performance and discipline among all PNP units and
personnel and conduct investigation and prosecution in an impartial, independent,
expeditious and professional manner, thereby ensuring the citizenry of unbiased police
disciplinary mechanism.

Sec 3. Organization of the Internal Affairs (IA) — The Internal Affairs Service (IAS)
of the PNP created under Republic Act No. 8551 is hereby reorganized as Internal
Affairs (IA). The IA shall be an independent, impartial, effective and efficient
institutional guardian of integrity and shall be placed directly under the Office of the
Chief, PNP.


It shall be headed by an Inspector General (IG) who is a civilian duly appointed
by the President upon the recommendation of the Chief, PNP through the
NAPOLCOM.

The IG shall be assisted by a Deputy Inspector General who is a uniformed
personnel with a rank of Police Major General likewise appointed by the President
upon the recommendation of the NAPOLCOM from among the most senior and
qualified officers in the IA.

There shall be two (2) Assistant Deputies Inspector General, one for
Administration and one for Operations, both with the rank of Police Brigadier General.

Sec 4. Functions of the IA - The IA shall exercise the following functions;

|, General Functions
a. Pro-actively conduct inspections and audits on PNP personnel and units;

b. Investigate complaints and gather evidence in support of an open
investigation;

c. Hear and decide with finality administrative case filed against uniformed
members of the PNP facing administrative charges;

d. Submit a periodic report on the assessment, analysis and evaluation of

the character and behavioral conduct of the PNP personnel and units to
the Chief, PNP and NAPOLCOM;

e. File appropriate criminal cases against PNP members before the regular
court as evidence warrants and assist in the prosecution of the case,
and

f. Provide assistance to the Office of the Ombudsman in cases involving
the members of the PNP.

Il. Special Functions
The IA shall conduct motu propio investigations on the following cases;
a. Apolice personnel unlawfully discharges a firearm;

b. Death, serious physical injury, or any violation of human rights occurred
in the conduct of a police personnel;

c. Evidence was compromised, tampered with, obliterated, or lost while in
the custody of police personnel;

2


95
96
97
98
99

100

101

102

103

104

105

106

107

108

109

110

uu

112

114
115
116
117
118
119
120
121
122
123
124
125
126
127

129
130
131
132
133
134
135
136
137
138
139
140
141

d. Assuspect in the custody of the police dies or is seriously injured;

e. The established rules of engagement and the PNP Operational
procedures have been violated; and

f. Aprima facie evidence to believe that a police personnel has committed
a crime in the performance of his duties.

Other Functions

It shall recommend to the Department of Justice for the protection of witnesses

who are vital to the conduct of investigation and effective prosecution of PNP
personnel facing administrative or criminal case.

Sec 5. Organizational Structure of IA — The IA shall be composed of the following

units:

1.

National IA - There shall be a National IA that shall have the following Divisions,
headed by a uniformed personnel with the rank of Police Colonel:

a. Personnel and Human Resource Division — which shall provide manpower,
career planning and development, trainings, personnel transactions and
employee welfare;

b. Logistics and Finance Division - which shall provide 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; and shall provide with staff advice and assistance on budgetary
and financial matters, including the overseeing of the processing and
disbursement of funds;

c. Planning and Research Division — which shall provide technical services in
areas of overall policy formulation, strategic and operational planning,
management systems of procedures, evaluation and monitoring of
programs, projects and internal operations of the lA;

d. Inspection and Audit Division — which shall conduct inspection and audit and
monitor to determine character development, discipline, performance of
personnel and operational readiness and procedures of the PNP units to
improve police services and integrity.

e. Intelligence and Investigation Division — which shall provide information for
the recruitment of personnel of the PNP, placement, promotion, and in

3


142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
a
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187

gathering of evidence in support of IA open investigation and prosecution of
administrative and criminal cases;

f. Legal Division - which shall provide efficient and effective summary hearing
of administrative cases; serve as legal counsel of the IA; draft or study
contracts, render legal opinions arising from the administration and
‘operations of the 1A;

g. Police Community Relations Division - which shall provide the necessary
support, programs, and activities to restore values, discipline, and
performance of PNP personnel; provide alternative channel to report police
irregularities and anomalies;

h. Information and Communication Technology Division - which shall be
responsible for managing information, electronics and communications
technology resources to promote, develop and regulate integrated strategic
ICT systems and reliable and efficient communications infrastructure. It shall
provide and maintain reliable, secured, integrated, and cost-efficient
information technology and communications services and facilities. It shall
likewise be responsible for the design, implementation, and maintenance of
the IA database system.

Regional IA - The Regional IA offices shall be headed by a Director with a rank
of Police Brigadier General except for the Director of the National Capital
Region IA who shall have a rank of Police Major General.

District IA - The District IA of the National Capital Region shall be headed by a
District Director with a rank of Police Brigadier General.

. Provincial and Highly Urbanized City IA - The Provincial and Highly Urbanized

City IA offices shall be headed by a Director with a rank of at least Police
Colonel or a civilian of equivalent grade.

. City IA - The heads of the City IA offices shall have the rank of at least Police

Lieutenant Colonel or a civilian or equivalent grade.

Sec 6. Qualification and Term of Office of Inspector General — To serve as IG, the
appointee must possess the following qualifications:

a. Acitizen of the Philippines;
b. At least fifty (50) years old;

c. Must be a member of the Philippine Bar, in good standing, with at least ten
(10) years of experience in handling criminal or administrative cases; and


188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
241
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235

The IG shall serve for a term of six (6) years, without reappointment, or upon
reaching the compulsory retirement age of 65 years old, whichever comes first.

Sec 7. Entry Qualification to the IA - The IA shall be composed of uniformed and
non-uniformed personnel. The IG shall appoint the personnel of IA who shall occupy
various positions in accordance with the established career path approved by the
NAPOLCOM.

The uniformed personnel of IA shall have its own set of uniform, rank
classification, salary, recruitment and promotion processes, and retirement benefit
system.

Civilians recruited into the IA as Patrolman shall possess the same
qualifications as provided for in Section 30 of Republic Act No. 6975, as amended by
Section 14 of Republic Act No. 8551, and shall undergo similar screening procedures
and training for Patrolmen recruited into the PNP.

Transfer of the PNP personnel to the IA shall be voluntary. Qualified PNP
Uniformed Personnel may only exercise the option to join or transfer to the IA two (2)
years from the effectivity of this Act. PNP personnel who will transfer to the IA shall be
‘subject to rigid screening where only those who have no derogatory records and who
have at least ten (10) remaining years in the service shall be appointed.

Uniformed personnel, who are members of the Bar and graduates of related
disciplines may enter the IA laterally.

Sec 8. Prohibition - Uniformed PNP personnel who joined or transferred to the IA
shall be barred thereafter from joining or being appointed to any positions of other
units of the PNP.

Sec 9. Recruitment - The IA shall have a rationalized staffing pattern in accordance
with its organizational structure. It shall have a separate recruitment quota for
Patrolman and non-uniformed personnel. The authorized personnel strength of the IA
shall not exceed four percent (4%) of the total strength of the PNP. The allocation for
non-uniformed personnel shall not exceed forty percent (40%) of the total personnel
strength of the IA. The system of pay and allowances, career development and
promotion as well as separation, attrition, and retirement for the IA personnel shall be
patterned after the PNP system.

Sec 10. Promotion - Promotion of personne! of the national, regional, district,
provincial, and city IA shall follow the general principles of the promotion system in the
PNP with IG as the approving authority upon the recommendation of the IA placement
board.

Sec 11. Compulsory Retirement — The compulsory retirement of the IG [A and NUP
shall be governed by the existing laws, rules, and regulations for the civilian employees
of the government. For uniformed personnel, the compulsory retirement shall be
governed by the existing laws, rules, and regulations for the PNP personnel.

5


236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
27
278

280
281
282
283

Sec 12. Optional Retirement - Upon accumulation of at least twenty (20) years of
satisfactory active service, IA uniformed personnel, at the employee's request, may
retire from the service and entitled to receive the benefits provided by law. The optional
retirement of the NUP of IA shall be governed by existing laws, rules and regulations
for the civilian employees of the government.

Sec 13. Occupational Specialty Pay/Incentives — Personnel of the IA shall in
additional to other pay and allowances authorized under existing laws be granted
Occupational Specialty Pay which shall amount to fifty percent (50%) of their basic
pay which shall be paid monthly and shall be included as separate line item in the
General Appropriations Act. This pay shall not be considered a forfeiture of other
remunerations and allowances which are allowed under existing laws.

Sec 14. Immediate Supervisor and Superior in 1A Investigation - The immediate
‘supervisor or supervisor of the personnel or units being investigated under Section 32
of this Act shall be automatically included in the investigation of the IA to exclusively
determine lapses in administration or supervision.

Sec 15. Restrictive Custody of Personnel under Investigation — Unit commanders
or head of offices are allowed to place their personnel under restrictive custody
pending investigation on alleged commission of serious or grave offenses. All firearms,
PNP badge, ID and other government properties issued to the erring personnel shall
be recalled by the Supply Accountable Officer of their respective units.

For purposes of this section, the term “restrictive custody” refers to the
reasonable restraint and restriction of police personnel to specified limits of the PNP
pending investigation. It is permissible precautionary measure to assure the PNP
authorities that the police personnel concerned are always accounted for.

Any police personnel who shall break the provisions of restrictive custody shall
be subjected to administrative investigation to determine the liability, in addition to the
original complaint where said personnel is already being investigated upon.

A facility for Restrictive Custody of PNP personnel shall be established in every
region
Sec 16. Police Justice System -

In cases of breach of internal discipline, a separate and distinct Police Justice
System, as promulgated by the NAPOLCOM upon recommendation of the C, PNP,
shall be adopted.

Sec 17. Jurisdiction and Penalties — After notice and hearing, disciplinary authorities
can impose the penalties provided herein for the following offenses:

a. On Breach of Internal Discipline:

6


284
285
286
287
288
289
290
291
292
293
294
295

297

307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330

1) Chief of Police or equivalent supervisors may impose the administrative
punishment of reprimand, suspension or forfeiture of salary for a period
not exceeding sixty (60) days, or any combination thereof;

2)

Provincial Directors or equivalent supervisors may impose the
administrative punishment of reprimand, suspension or forfeiture of
salary for a period not exceeding one hundred twenty (120) days, or any
combination thereof,

3)

Police Regional Directors or equivalent supervisor may impose the
administrative punishment of reprimand, suspension or forfeiture of
salary for a period not exceeding one hundred eighty (180) days, or any
combination thereof, or dismissal from service;

4)

The Chief of the PNP may impose the disciplinary punishment of
reprimand, suspension or forfeiture of salary for a period not exceeding
one hundred eighty (180) days; or any combination thereof, or dismissal
from service;

b. On Citizens Complaint:

1) The IA has the sole jurisdiction to resolve Citizen's Complaint against
PNP Uniformed Personnel as follows:

a. City IA or equivalent supervisors may impose the administrative
punishment of reprimand, suspension or forfeiture of salary for a
period not exceeding sixty (60) days, or any combination thereof;

b. Provincial IA or equivalent supervisors may impose the
administrative punishment of reprimand, suspension or forfeiture of
salary for a period not exceeding one hundred twenty (120) days, or
any combination thereof;

c. Regional IA or equivalent supervisor may impose the administrative
punishment of reprimand, suspension or forfeiture of salary for a
period not exceeding one hundred eighty (180) days, or any
combination thereof, or dismissal from service;

d. IG IAS may impose the disciplinary punishment of reprimand,
suspension or forfeiture of salary for a period not exceeding one
hundred eighty (180) days; or any combination thereof, or dismissal
from service;

c. SD Case- Summary Dismissal Powers of the NAPOLCOM, PNP Chief, PNP
Regional Directors and IA. — The chief of the PNP, PNP regional directors, and
lA after due notice and summary hearings, may immediately remove or dismiss
any respondent PNP member in any of the following cases:

7


331
332
333
334
335
336

376

(a) When the charge is serious and the evidence of guilt is strong;

(b) When the respondent is a recidivist or has been repeatedly charged and
there are reasonable grounds to believe that he is guilty of the charges; and

(c) When the respondent is guilty of a serious offense involving conduct
unbecoming of a police officer.

‘Any member or officer of the PNP who shall go on absence without official
leave (AWOL) for a continuous period of thirty (30) days or more shall be
dismissed immediately from the service. His activities and whereabouts during
the period shall be investigated and if found to have committed a crime, he shall
be prosecuted accordingly.”

The NAPOLCOM shall provide in its implementing rules and regulations a scale
of penalties to be imposed upon any member of the PNP under this Section

. Exclusive Jurisdiction - When a complaint or charge is filed against a PNP

member, it shall be heard and decided exclusively by the disciplinary authority
which first acquired original jurisdiction over the case: Provided, That, offenses
which carry a higher or lower imposable penalty shall be referred to the
appropriate disciplinary authority: Provided, further, That should any
disciplinary authority or IA take cognizance of any complaint beyond his
jurisdiction and render a decision thereon, the same shall be void and shall not
be a bar to the filing of a complaint against the PNP member before the proper
disciplinary authority. Any disciplinary authority or IA officer who violated this
provision shall be proceeded against administratively for serious irregularity in
the performance of duty.

Forum Shopping or Multiple Filing of Complaints — When an administrative
complaint is filed with a disciplinary authority, no other case involving the same
cause of action shall be filed with any other disciplinary authority.

In order to prevent forum shopping multiple filing of complaints, the complainant

or party seeking relief in the complaint shall certify under oath in such pleading or in a
sworn certification annexed thereto and simultaneously filed therewith to the truth of
the following facts and undertaking;

1) That he has not commenced any other action or proceeding involving
the same issues in other disciplinary forum;

2) That to the best of his knowledge, no such action or proceeding is
pending in other police administrative disciplinary machinery or
authority;


377
378
379

381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405

407
408

410
411
412
413
414
41s
416
417
418
419
420
421
422
423

3) That if there is any such action or proceeding which is either pending or
may have been terminated, he must state the status thereof, and

4)

That if he should thereafter learn that a similar action or proceeding has
been filed or is pending before any other police disciplinary authority, he
must undertake to report that fact within five (5) days therefrom to the
disciplinary authority where the original complaint or pleading has been
filed.

The NAPOLCOM shall provide in its implementing rules and regulations a scale
of penalties to be imposed upon any member of the PNP under this Section.

Sec 18. Preventive Suspension — Immediately upon filing of a formal charge, the IA
may, motu proprio or upon motion of the complaining party, order the preventive
suspension for a period of not exceeding 90 days to any police personnel who has
been accused of having committed serious or grave offense, particularly those
involving heinous crimes as defined under existing laws, rules and regulations, upon
the following grounds:

a. That the charge is serious or grave and the evidence of guilt is strong and
the respondent may influence the course of an investigation; or

b. There is evidence to show that respondent is exerting efforts to harass,
intimidate, coerce or unduly influence the complainant or his/her witnesses
into withdrawing against the respondent or to tamper with the evidence.

The PNP Personnel placed under preventive suspension shall upon receipt of
the order, surrender his/her firearms, PNP badge, ID and other government properties
issued to him/her.

The order of preventive suspension shall be directed to the concerned superior
who shall immediately implement the same. Failure to abide with the order shall
constitute dereliction of duty.

Sec 19. Implementation of CPNP, RD, and IA Decisions —

a. The concerned PNP units shall immediately implement the decisions of the
CPNP, RD, and IA, imposing disciplinary measures or sanctions against
erring PNP personnel

b. Decisions of CPNP, RD, and IA imposing the penalty of 6 months
suspension, or dismissal are immediately executory pending appeal.

c. Any head of the PNP unit/office who fails to implement the decisions of the
1A, within fifteen (15) days from the receipt thereof, or who acts with abuse
of discretion on said decisions shalll be made liable for gross neglect of duty.


424 Sec 20. Procedure on Appeal —

425

426 a. Breach of Internal Discipline

427

428 1) Decisions of the Chief of Police or equivalent supervisor may be
429 appealed to the Provincial Director or equivalent supervisor whose
430 decision becomes final, executory and non-appealable.

431

432 2) Decisions of the Provincial Director in the exercise of original jurisdiction
433 or equivalent supervisor may be appealed to the Regional Director or
434 equivalent supervisor whose decision becomes final, executory and non-
435 appealable.

436

437 3) Decisions of the Regional Director in the exercise of original jurisdiction
438 or equivalent supervisor imposing the penalty of 180 days suspension or
439 dismissal may be appealed to the Chief, PNP.

440

441 4) Decisions of the Chief, PNP, in the exercise of original or appellate
442 jurisdiction, imposing the penalty of 180 days suspension or dismissal
443 may be appealed to the National Appellate Board (NAB).

444

445 5) Decisions of NAB are appealable to the Court of Appeals (CA).

446

447 b. The Internal Affairs

448

449 1) Decisions of the City IA on citizen's complaint may be appealed to Provincial
450 1A whose decision becomes final, executory and non-appealable.

451 2) Decisions of Provincial IA in the exercise of original jurisdiction may be
452 appealed to the Regional IA whose decision becomes final, executory and
453 non-appealable.

454

455 3) Decisions of the Regional IA and District IA in the exercise of original
456 jurisdiction imposing the penalty of 6 months suspension or dismissal may
437 be appealed to the IG.

458

459 4) Decisions of the IG, both on original and appellate jurisdiction, may be
460 appealed to the Chief, PNP.

461

462 5) Decision of the Chief, PNP in the exercise of its appellate jurisdiction may
463 be appealed to NAB.

464

465 6) Decisions of NAB may be appealed to the CA.

466

467 c. SD Cases

468

469 1) Decisions of the CPNP, RD, and IG, IA in the exercise of their SD power are
470 appealable to NAPOLCOM En Banc.

10


471
472
473
474
475
476
477
478
479
480

482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508

510
511
512

Sec 21. Source of Fund - The appropriation for the Internal Affairs including funds
for the Occupational Specialty Pay shall be under a specific item in the Annual General
Appropriations Act. This shall include Personnel Services Maintenance and Other
Operating Expenses and Capital Outlay.

Sec 22. Fiscal Independence — In order to strengthen its fiscal independence, the
Internal Affairs shall have an automatic, direct and regular release of funds, based on
the approved annual general appropriations, subject to the existing rules, practices
and regulations on auditing and accounting of the Commission on Audit. It shall have
its own Finance, Budget Management and Accounting Officer. The IA shall have a
distinct and separate budget from the other PNP units and offices.

Sec 23. Implementing Rules and Regulations — Within one hundred eighty (180)
days from approval of this Act, the Chief, PNP, in coordination with the National Police
Commission and Secretary of Budget and Management, shall promulgate the
necessary rules and regulations for its effective implementation.

Sec 24. Congressional Oversight Committee - There is hereby created a
Congressional Oversight Committee to monitor and oversee the implementation of the
provisions of this Act. The committee shall be composed of six (6) members from the
Senate and six (6) members from the House of Representatives with the Chairpersons
of the Committee on Public Order and Illegal Drugs and the Committee on Public Order
and Safety of both Houses as Joint Chairpersons. The five (5) other members from
each Chamber shall be designated by the Senate President and the Speaker of the
House of Representatives, respectively.

The Minority shall have at least two (2) representatives from both Chambers.

Sec 25. Separability Clause — If any provision of this Act shall be held unconstitutional
or invalid, the other provisions shall not be affected and shall remain valid.

Sec 26. Repealing Clause — Section 45, RA 6975 and Sections 5, 39, 40, 42, 44, 45,
46, 50, 52 and 73 of Republic Act No.8551, are hereby repealed. All other laws,
executive orders, rules and regulations inconsistent with or contrary to this Act are
hereby accordingly repealed or modified.

Sec 27. Repealing Clause ~ This Act shall take effect after fifteen (15) days following
its publication in two (2) national newspapers of general circulation.

Approved,

1