REP. JOCELYN P. TULFO
Member, Committee on Social Services
https://www.facebook.com/jocelyntulfoinaction/ | 09177292437
REP. TULFO SUGGESTS MENTAL HEALTH AMENDMENTS AND OTHER REFORMS TO PNP LAW
[All cops must know correct criminal procedures by heart]
Recent cases like Christine Dacera’s body being embalmed first before undergoing medico-legal examination, the construction worker mistakenly shot by cops, Nuezca murdering unarmed civilians and other countless incidents pointing to police incompetence and/or malfeasance highlight the need to reform the Philippine National Police.
It is time for revisit the laws and procedures that govern police training and discharge of duties.
For instance, I believe that cops must be mandated to be experts at criminal procedure and the proprieties of arrest. Any wrongful arrest or other acts of harassment must be treated as a grave misconduct sufficient for immediate termination.
I am suggesting some improvements in the governing law of the Philippine National Police. I believe these changes will help the PNP screen out and weed out people who should not be allowed to be police officers. I will soon file a bill on this. Take a glimpse of the initial draft below.
The changes I am proposing are in all caps or uppercase and affect three specific sections of Republic Act 6975. The original provisions, I believe, are generic and serve no useful screening functions. By making the provisions more specific, the law would serve as good basis for screening and selection.
The emphasis of the amendments I suggest is on the mental health of PNP aspirants and of those already in the active service.
As regards citizen’s complaints, I add the recourse to the Office of the Ombudsman for offenses of serious nature.
SECTION 1. Section 30 of Republic Act 6975 (An Act Establishing the Philippine National Police under a Reorganized Department of the Interior and Local government (DILG) is hereby amended to read as follows:
SECTION 30. General Qualifications for Appointment. — No person shall be appointed as officer or member of the PNP unless he possesses the following minimum qualifications:
(a) A citizen of the Philippines AS PROPERLY EVIDENCED BY AN AUTHENTICATED BIRTH CERTIFICATE DULY ISSUED BY THE PHILIPPINE STATISTICS AUTHORITY BASED UPON INFORMATION FROM ITS ELECTRONIC CIVIL REGISTRY DATABASE;
(b) A person of good moral conduct AS FORMALLY ATTESTED TO BY ALL OF THE FOLLOWING: (1) A PRIEST OR PASTOR, RELIGIOUS ELDER, OR IMAM; (2) THE BARANGAY CHAIRPERSONS OF THE ASPIRANT’S BARANGAY OF CURRENT RESIDENCE AND THE BARANGAY OF FORMER RESIDENCE OR PROVINCIAL RESIDENCE; AND (3) THE PRINCIPAL AND GUIDANCE COUNSELOR OF THE ASPIRANT’S SECONDARY SCHOOL ALMA MATER;
(c) Of sound mind and body AS FORMALLY CERTIFIED BY A PRACTICING AND LICENSED PSYCHIATRIST WITH CURRENT MEMBERSHIP OF GOOD STANDING IN THE PHILIPPINE PSYCHIATRIC ASSOCIATION AFTER THAT PROFESSIONAL’S ASSESSMENTS OF THE ASPIRANT’S MENTAL HEALTH AND INTERVIEWS WITH IMMEDIATE KIN;
Section 2. Section 37 of RA 6975 is hereby amended to read as follows:
SECTION 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 be administered in such a way as to foster the improvement of individual efficiency, MENTAL HEALTH, 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 military.
The rating system as contemplated herein shall be based on standards prescribed by the Commission and shall consider results of annual physical, psychological and neuropsychiatric examinations conducted on the PNP officer or member concerned BY A PRACTICING AND LICENSED PSYCHIATRIST WILL CURRENT MEMBERSHIP OF GOOD STANDING IN THE PHILIPPINE PSYCHIATRIC ASSOCIATION.
Section 3. A new subparagraph (4) is hereby added to Section 41 of RA 6975, amending the said Section to now read as follows:
SECTION 41. (a) Citizen’s Complaints. — Any complaint by an individual person against any member of the PNP shall be brought before the following:
(1) Chiefs of police, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof for a period not exceeding fifteen (15) days;
(2) Mayors of cities or municipalities, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than sixteen (16) days but not exceeding thirty (30) days;
(3) People’s Law Enforcement Board, as created under Section 43 hereof, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension of forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days; or by dismissal.
(4) OFFICE OF THE OMBUDSMAN, FOR CRIMINAL AND ADMINISTRATIVE OFFENSES ARISING FROM CHARGES INVOLVING RAPE, SEXUAL ASSAULT, HOMICIDE, MURDER, SERIOUS PHYSICAL INJURIES, ABUSE OF AUTHORITY, ILLEGAL POSSESSION AND/OR TRAFFICKING OF FIREARMS AND/OR AMMUNITION OR EXPLOSIVES, HUMAN TRAFFICKING, THEFT, ROBBERY, SERIOUS ILLEGAL DETENTION, KIDNAPPING FOR RANSOM, USE AND/OR POSSESSION OF ILLEGAL DRUGS, TAMPERING OF EVIDENCE, TAMPERING OF A CRIME SCENE, PARTICIPATION IN A PRIVATE ARMY, PROVIDING PROTECTION AND MATERIAL SUPPORT TO CRIMINALS AND CRIMINAL SYNDICATES, AND OTHER SERIOUS OFFENSES.