Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

6
HOUSE BILL NO. ot

Introduced by: Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

This Bill seeks to strengthen the Internal Affairs Service (IAS) of the
Philippine National Police (PNP), amending for the purpose Republic Act No.
8551, otherwise known as the “Philippine National Police Reform
Reorganization Act of 1998”.

The Internal Affairs Service (IAS) of the PNP is an essential part of the
disciplinary mechanism of the PNP. It serves as the monitoring body of the
character and behavior of all policemen and operates as the investigating
and adjudicatory body on all administrative offenses committed by PNP
personnel.

As the office that oversees the conduct of the uniformed personnel, the
IAS should be free from influence, pressure and intervention from the Chief
PNP, and other high ranking PNP officers in adjudicating administrative
cases. Placing IAS under the direct supervision of the Secretary of the
Interior and Local Government will make the PNP-IAS an independent,
impartial, effective and efficient institutional guardian of integrity.

Hence, approval of this Bill is earnestly requested.

JERI |AS B. NOGRALES
ntative, PBA PartyList


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

3065
HOUSE BILL NO.

Introduced by: Hon. Jericho Jonas B. Nograles

An Act
Strengthening the Internal Affairs Service (IAS) of the Philippine National
Police (PNP), amending for the 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:

SECTION 1. Section 39 of the Republic Act No. 8551 is hereby amended to
read as follows:

“TITLE V
Internal Affairs Service

Sec. 39. Creation, Powers and Functions. — An Internal Affairs Service
(IAS) of the PNP is [hereby created which shall;] AN INDEPENDENT,
IMPARTIAL EFFECTIVE AND EFFICIENT INSTITUTIONAL GUARDIAN
OF INTEGRITY. THE IAS SHALL BE UNDER THE DIRECT SUPERVISION
OF THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT
AND SHALL BE AN ESSENTIAL PART OF THE DISCIPLINARY
MECHANISM OF THE PNP.


THE IAS SHALL EXERCISE THE FOLLOWING POWERS AND
FUNCTIONS:

a.) Xxx XXX XXX

b.) Xxx XXX XXX

¢.) conduct summary hearing on PNP members facing
administrative charges AND ADJUDICATE WITH FINALITY THE
ADMINISTRATIVE CASES FILED BEFORE THE IAS;

d.) Submit a periodic report on the assessment, analysis and
evaluation of the character and behavior of PNP personnel and
units to the [Chief PNP] SECRETARY OF THE INTERIOR AND
LOCAL GOVERNMENT and the Commission FOR
CONSIDERATION IN THE SELECTION AND PROMOTION OF
PNP PERSONNEL;

@.) Xxx XXX XXX

f.) provide assistance to the Office of the Ombudsman AND OTHER
PNP DISCIPLINARY OFFICES in cases involving the personnel of
the PNP;

g.) RECOMMEND THE ADMISSION OF WITNESSES TO THE
WITNESS PROTECTION PROGRAM OF THE DEPARTMENT OF
JUSTICE WHO ARE VITAL TO THE EFFECTIVE PROSECUTION
OF PNP PERSONNEL INVOLVED IN CRIMINAL CASES.

The IAS shall also conduct, motu propio, automatic investigation of
following cases INVOLVING UNIFORMED PNP PERSONNEL;

a.) XXX XXX XXX


b.) Incident where death, serious physical injury, or any violation of
human rights occurred in the conduct of a police operation OR
OTHER ACTIVITIES INVOLVING POLICE PERSONNEL;

c.) XXX XXX XXX

d.) incidents where a suspect in the custody of the police DIED OR
was seriously injured; [and]

€.) _ incident where the established [rules of engagement have] PNP
OPERATIONAL PROCEDURE HAD been violated[.] AND

f) ALL ANOMALIES, IRREGULARITIES AND ILLEGAL
ACTIVITIES INVOLVING UNIFORMED PERSONNEL.

Finally, the IAS shall provide documents or recommendation as
regards to the promotion of the members of the PNP or the assignment
of PNP personnel to any key position.

Sec. 40. Organization. — National, regional, and provincial, CITY AND
DISTRICT offices of the Internal Affairs shall be established. Internal Affairs
Service shall be headed by an Inspector General who shall be assisted bya
Deputy Inspector General, WHO IS A UNIFORMED PERSONNEL. The
REGIONAL [area] offices shall be headed by a DIRECTOR,
[Superintendent] WHILE THE PROVINCIAL, CITY AND DISTRICT
OFFICES SHALL BE HEADED BY A SUPERINTENDENT OR SENIOR
IAS NON UNIFORMED PERSONNEL OF EQUIVALENT RANK AND
SALARY GRADE, UPON THE RECOMMENDATION OF IAS PLACEMENT
BOARD. Provided, that the head of the Internal Affairs Service shall be a
civilian who shall meet the qualification requirements provided herein.

THE IAS SHALL ESTABLISH A RATIONALIZED STAFFING
PATTERN OR ORGANIZATIONAL STRUCTURE, AND SHALL HAVE
SEPARATE RECRUITMENT QUOTA FOR POLICE OFFICER 1 AND NON
UNIFORMED PERSONNEL (NUP), SUBJECT TO THE APPROVAL OF
THE OFFICE OF THE SILG. HOWEVER, THE SYSTEM OF PAY ‘AND


ALLOWANCES, PROMOTION, ATTRITION AMD PERSONNEL CAREER
DEVELOPMENT AS WELL AS RETIREMENT AND SEPARATION
PROGRAM FOR BOTH UP (UNIFORMED PERSONNEL) AND NUP (NON
UNIFORMED PERSONNEL) SHALL BE PATTERENED AFTER THE PNP.
THE AUTHORIZED PERSONNEL STRENGHT OF IAS SHALL NOT
EXCEED TWO PERCENT (2%) OF THE TOTAL STRENGTH OF THE PNP.
THE NUP ALOCATION SHALL NOT EXCEED TO FORTY PERCENT
(40%) OF IAS PERSONNEL STRENGTH.

THE IAS SHALL HAVE A SEPARATE FINANCIAL AND LOGISTIC
MANAGEMENT AND SERVICES PROGRAM SUBJECT TO THE
APPROVAL OF THE SILG. THE BUDGETARY REQUIREMENT OF IAS
SHALL BE SEPARATE AND DISTINCT FROM THE PNP, AND SHALL BE
INCLUDED INTO THE ANNUAL GENERAL APPRORIATIONS ACT (GAA)
OF THE YEAR FOLLOWING ITS ENACTMENT INTO LAW.

SECTION 2. Section 41 of the same Act is hereby amended to read as
follows:

“SEC. 41. Appointment. - The inspector General (IG) shall be
appointed by the President upon the recommendation of the [Director
General] SECRETARY OF INTERIOR AND LOCAL GOVERNMENT [and
duly endorsed by the Commission]. Appointment of personnel who shall be
made by the IG and shall be based on the established career pattern and
criteria to be promulgated by the [Commission] IAS.

THE INSPECTOR GENERAL SHALL SERVE FOR A TERM OF SIX
(6) YEARS WITHOUT REAPPOINTMENT OR EXTENSION.

TO BE APPOINTED INSPECTOR GENERAL OF THE IAS, MUST
BE: (A) A CITIZEN OF THE PHILPPINES; (B) A MEMBER OF THE
PHILIPPINE BAR WITH AT LEAST FIVE (5) YEARS OF EXPERIENCE IN
HANDLING CRIMINAL OR ADMINISTRATIVE CASES; AND (C) NOT
ACTIVE UNIFORMED PERSONNEL OF THE PNP.”

SECTION 42. Entry qualification to IAS. — Entry or TRANSFER to the
Internal Affairs Service shall be voluntary and subject to rigid screening
where only PNP personnel who have at least five (5) years’ experience in
POLICE INVESTIGATION [law enforcement] and who have no derogatory


service records shall be considered for appointment: Provided, THAT PNP
UNIFORMED PERSONNEL JOINING IAS MUST HAVE AT LEAST TEN
(10) REMAINING YEARS IN THE SERVICE: PROVIDED FURTHER, THAT
CIVILIAN RECRUITED INTO THE IAS AS POLICE OFFICER 1 OR NUP’s,
SHALL POSSESS THE SAME QUALIFICATIONS, ELIGIBILITIES, AND
SHALL UNDERGO SCREENING PROCEDURE AND SERVICE TRAINING
FOR PO1 AND NUP SET FORTH BY THE PNP AND THE COMMISSION.
MEMBERS OF THE BAR, AND GRADUATES OF OTHER RELATED
DISCIPLINES [that member of the Bar] may enter the service laterally. THE
IAS SHALL BE ALLOCATED APPROPRIATE QUOTA OF PNPA
GRADUATES PER YEAR.

SECTION 43. [Initial] Appointments to the National, Directorial, and
Provincial Internal Affairs Service Office - [Initial] Appointments of the heads
of the Internal Affairs Service Office shall be APPROVED BY THE IG, IAS
[made by the President upon recommendation by the Commission.
Thereafter,]. Appointment and promotions to the service shall follow the
GENERAL PRINCIPLES OF THE PROMOTION SYSTEM IN THE PNP
WITH IG AS THE APPROVING/APPOINTING AUTHORITY. [established
requirements and procedures. ]

SECTION 45. RETIREMENT. - UNIFORMED IAS PERSONNEL
SHALL BE UPON THE ATTAINMENT OF AGE FIFTY SIX (56).

SECTION 46. Prohibition. - ALL PNP personnel who join the IAS
SHALL BE BARRED [may not] thereafter FROM joinING any other unit of
the PNP. Neither shall any personnel of the IAS be allowed to sit in a
committee deliberating on the appointment, promotion, assignment of any
PNP personnel.

SECTION 47. Career Development and Incentives. — (1) Personnel of
the Internal Affairs Service shall in addition to other PAY and allowances
authorized under existing laws be granted Occupational Specialty Pay (OSP)
which shall [not exceed] AMOUNT TO fifty percent (50%) of their basic pay
WHICH SHALL BE PAID SEMI-ANNUALLY AND SHALL BE INCLUDED
AS SEPARATE LINE ITEM IN GENERAL APPROPRIATION ACT (GAA).
This pay shall not be considered a forfeiture of other remuneration and
allowances which are allowed under existing laws. (2) IAS [members]
PERSONNEL shall [also have priorities in the] BE ALLOCATED A quota BY


THE PNP [allocation] for training and education, BOTH LOCAL AND
FOREIGN, AS PART OF THEIR CAREER ADVANCEMENT.

SECTION 48. Record Management of the IAS. — NATIONAL,
REGIONAL, PROVINCIAL, CITY AND DISTRICT [Local] Internal Affairs
Offices shall MAINTAIN AND [be responsible for the maintenance and]
update [of] the ADMINISTRATIVE CASE AND PROFILE /records of the
members of the PNP within their jurisdiction. THE IAS SHALL NOT BE
DENIED ACCESS BY THE PNP UNIT HEAD/CHIEF, UPON REQUEST OF
SAID DOCUMENTS FOR THIS PURPOSE.

SECTION 49. [Inclusion of Supervisors and Superiors in IAS
Investigation. - The immediate superior or supervisor of the personnel or
units being investigated under the preceding section shall be automatically
included in the investigation of the IAS to exclusively determine lapses in
administration or supervision.) ANY UNIFORMED PNP PERSONNEL
FOUND GUILTY OF ANY CASES MENTIONED IN SEC. 39 OF THIS ACT
SHALL BE METED OUT THE PENALTY OF DISMISSAL OR DEMOTION,
AS THE CASE MAY BE. THE IMMEDIATE SUPERIOR OR SUPERVISOR
OF THE PERSONNEL OR UNITS BEING INVESTIGATED UNDER THE
PRECEDING SECTION SHALL BE AUTOMATICALLY INCLUDED IN THE
INVESTIGATION OF THE IAS TO DETERMINE IF SUCH IMMEDIATE
SUPERIOR OR SUPERVISOR HAS CONSPIRED OR CONDONED TO
THE COMMISSION OF SUCH ACT OR IS FOUND TO BE GROSSLY
NEGLIGENT IN THE EXERCISE OF HIS ADMINSTRATIVE AND/OR
SUPERVISORY FUNCTION TO PREVENT THE COMMISSION OF THE
ACT.

SECTION 50. Disciplinary Recommendation of the IAS. —

a.)Any uniformed PNP personnel found guilty of any of the cases
mentioned in Sec. 39 of this Act and any immediate superior or
supervisor found negligent under Section 48 shall be [recommended]
automatically [for] dismiss[alJED FROM THE SERVICE or
demot{ion]JED, as the case may be.

b.)[Recommendation by] DECISION OF the IAS for the imposition of
disciplinary measures against an erring PNP personnel [once final,
cannot be revised, set-aside, or unduly delayed) SHALL BE
IMMEDIATELY IMPLEMENTED by [any] THE disciplining authority


(3) xxx XXX XxX

(4) INTERNAL AFFAIRS SERVICE WHICH HAS
TERRITORIAL JURISDICTION OF THE OFFENSE.

The Commission, TOGETHER WITH THE IAS, shall provide in its
implementing rules and regulations a scale of penalties to be imposed upon
any member of the PNP under this section.

(b) Internal Discipline. - On dealing with minor offenses involving
internal discipline found to have been committed by any regular member of
their respective commands, the duly designated supervisors and equivalent
officers of the PNP shall, after due notice and summary hearing, exercise
disciplinary powers as follows:

(1) Chief of Police or equivalent supervisors may summarily
impose the administrative punishment of admonition or
reprimand; restriction to specified limits; withholding of
privileges; forfeiture of salary or suspension; or any of the
combination of the foregoing; Provided, That in all cases, the
total period shall not exceed fifteen (15) days;

(2) Provincial Directors or equivalent supervisors may summarily
impose the administrative punishment of admonition or
reprimand; restrictive custody; withholding of privileges;
forfeiture of salary or suspension, or any total period shall not
exceed thirty (30) days;

(3) Police Regional Directors or equivalent supervisor shall have
the power to impose upon any member the disciplinary
punishment of dismissal from the service. He may also
impose the administrative punishment of admonition or
reprimand; restrictive custody; withholding of privileges;
suspension or forfeiture of salary; demotion; or any
combination of the foregoing; Provided, that in all cases, the
total period shall not exceed sixty (60) days;


(4) The Chief of the PNP shall have the power to impose the
disciplinary punishment of dismissal from the service;
suspension or forfeiture of salary; or any combination thereof
for a period not exceeding one hundred eighty (180) days;
Provided, further, That the Chief of the PNP shall have the
authority to place police personnel under restrictive custody
during the pendency of a grave administrative case filed
against him or even after filing of a criminal complaint, grave
in nature, against such police personnel.

(5) INTERNAL AFFAIRS SERVICE WHICH HAS
TERRITORIAL JURISDICTION OF THE OFFENSE.

(c) Exclusive Jurisdiction. - A complaint or a charge filed against a
PNP member shall be heard and decided exclusively by the IAFFICE
WHERE THE COMPLAINT WAS FIRST FILED OR TAKEN
COGNIZANCE, [disciplining authority who has acquired original
jurisdiction over the case and] notwithstanding the existence of
concurrent jurisdiction OF OTHER DISCIPLINARY AUTHORITY, as
regards the offense: Provided, That THE PENALTIES IMPOSE ON
THESE offenses which carry higher penalties referred to a disciplining
authority shall be referred to SHALL BE REFERRED TO appropriate
authority [which has jurisdiction over the offense] FOR
IMPLEMENTATION.

“For purpose of this Act, a ‘minor offense’ shall refer to any act or
omission not involving moral turpitude, but affecting the internal
discipline of the PNP, and shall include, but not limited to:

“(1) Simple Misconduct or negligence;

“(2) Insubordination;

“(3) frequent absence and tardiness;

“(4) Habitual drunkenness; and

“(5) Gambling prohibited by law.


[without just cause]. Any disciplining authority who fails to act or who
acts with abuse of discretion on the [recommendation] DECISIONS of
the IAS shall be made liable for gross neglect of duty. The case of
erring disciplining authority shall be submitted to the [Director General]
SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT for
proper disposition.”

SECTION 51. Appeals. - Decision rendered by the [provincial
inspector] PROVINCIAL INTERNAL AFFAIRS SERVICE shall be forwarded
to the [Area] REGIONAL Internal Affairs Service for review within ten (10)
working days upon receipt thereof. Decision of the [Area] REGIONAL IAS
[office] may be appealed to the National [office] IAS through the Office of
Inspector General OR TO THE CHAIRMAN, REGIONAL APPELATE
BOARD (RAB). Decision rendered by the National IAS shall be appealed to
the National Appellate Board or to the REGULAR court as may be
appropriate. [: Provided, That the summary dismissal powers of the Director
General and Regional Directors as provided in Section 42 of RA 6975 shall
remain valid: Provided, further, That the existing jurisdiction over offenses as
provided under RA 6975 shall not be affected.]

SECTION 51. Complaint against IAS. - A complaint against any

personnel or office of IAS shall be brought to the Inspector General's Office
or to the [Commission] OFFICE OF THE SILG as may be appropriate.

TITLE VI
DISCIPLINARY MECHANISM

SECTION 52. Section 41 of Republic Act 6975 is hereby amended as
follows:

Section 52 (a). Citizen's Complaint. - Any complaint by a natural or
juridical person against any member of the PNP CAN BE, [shall be] brought
before the following:

(1) xxx xxx xxx

(2) xxx XXX XxX


“(d) Forum shopping of multiple filing of complaints. - When an
administrative complaint is filed with a police disciplinary authority,
such as the People’s Law Enforcement Board (PLEB), 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, the
complaint 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.

“(A) that he has not herefore commenced any other action or
proceeding involving the same issues in other disciplinary forum;

“(B) that the best of his knowledge, no such action or proceeding is
pending in other police administrative disciplinary machinery or
authority;

“(C) 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;

“(D) 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 there
from to the disciplinary authority where the original complaint or
pleading has been filed.”

SECTION 53. Section 42 of Republic Act No. 6975 is hereby amended as
follows:

“SEC. 42. Summary Dismissal Power of the National Police
Commission, PNP Chief and PNP Regional Directors AND IAS INSPECTOR
GENERAL - The National Police Commission, the chief of the PNP and PNP
Regional Directors AND INSPECTOR GENERAL OF IAS, after due notice
and summary hearings, may immediately remove, dismiss any respondent
PNP member in any of the following cases:


“(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;

“(C) when the respondent is guilty of serious offense involving conduct
unbecoming of a police officer.

“Any member or officer of the PNP who shall go on absence without 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 crie, he shall
be prosecuted accordingly.”

SECTION 54. Section 44 of Republic Act No. 6975 is hereby amended to
read as follows:

“SEC. 44. Disciplinary Appellate Boards. — The formal administrative
disciplinary machinery of the PNO shall be the National Appellate Board and
the Regional Appellate Boards.

“The National Appellate Board shall be composed of the four (4) regular
commissioners and shall be chaired by the executive officer. The Board shall
consider appeals from the decision of the Chief of the PNP.

“The National Appellate Board may conduct its hearings or sessions in
Metropolitan Manila or any part of the country as it may deem necessary.

“There shall be at least one (1) Regional Appellate Board per administrative region
in the country to be composed of a senior officer of the regional commission as
chairman and one (1) representative each from the PNP, and the regional peace
and order council as members. It shall consider appeals from decisions of the PNP.
REGIONAL DIRECTORS, MAYORS AND THE PLEB’s: Provided that the
Commission may create additional regional appellate boards as the need arises.”

SEC. 4. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette” or in a newspaper of general circulation.

Approved