Senate Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 MAY -4 P2:56 SENATE RECEIVED BY: 2079 S. No. - Introduced by Senator Ronald "Bato" Dela Rosa ESTABLTSHING THE NATIONAL POLICE CLEARANCE SYSTEM, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Article II, Section 5, of the 1987 Philippine Constitution, provides that "The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy." This mandate necessarily covers the adoption of modern technology to maintain peace and effectively safeguard Filipino citizens. Responding to evolving societal needs is an integral part of crime prevention. In light of these evolving needs, gaps in obtaining a police clearance in the Philippines emerged. Each municipality maintains its own databases, creating a dangerous loophole in which an individual could have an active warrant in one province but appear "cleared" in another. To find resolution to this vulnerability, the Philippine National Police (PNP) established the National Police Clearance System (NPCS). This centralizes criminal records into the Crime Incident Recording and Analysis System (CIRAS). It ensures that a "cleared" status reflects a uniform and verified record across all 17 regions, effectively eliminating the record manipulation prevalent under the old, localized system.
Recognizing the benefits of NPCS, this bill seeks to institutionalize its establishment and adoption under the PNP. This ensures the system's continuity beyond the current administration and strengthen the PNP's capacity to conduct comprehensive criminal record checks. Ultimately, this measure reinforces the State's mandate to maintain and uphold peace and order as provided for in our constitution. For the above reasons, the passage of this bill is earnestly sought. RONALD "BATO" DELA ROSA
Senate Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 MAY -4 P2:56 SENATE RECEIVED BY: 2079 S. No. - Introduced by Senator Ronald "Bato" Dela Rosa AN ACT ESTABLISHING THE NATIONAL POLICE CLEARANCE SYSTEM, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "National Police
2 Clearance System Act".
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
5 ensure public safety through a highly efficient, effective, competent, and modernized police force and the use of information and communications technology. Furthermore, the State shall improve service delivery efficiency by reducing bureaucratic red tape 8 and preventing corruption, while ensuring the protection of the fundamental human 9 right to privacy.
Sec. 3. National Police Clearance System. - The National Police Clearance
12 System (NPCS) is hereby established. The Philippine National Police (PNP) shall be the primary government agency responsible for the implementation of the NPCS. Pursuant to this mandate, the PNP shall formulate and adopt policies for the 15 effective operationalization of the NPCs, including, but not limited to, maintenance of 16 a national record of all reported crime incidents, warrants of arrest, pictures and
1 personal details of arrested and wanted persons, fingerprints and ballistic examination 2 records, and other relevant information.
Sec. 4. Processing of Information - The processing of information under the
5 NPCS shall be subject to Sections 11, 12, and 13 of Republic Act No. 10173, otherwise 6 known as the "Data Privacy Act of 2012".
Sec. 5. Issuance of National Police Clearance - Any person may request the
issuance of their National Police Clearance from the PNP. In line with this, the PNP 10 may determine, fix, and collect reasonable amounts to be charged as fees for the 11 issuance of the police clearance: Provided, That no fees and other charges shall be 12 collected from first-time jobseekers when obtaining such police clearance as mandated 13 by Republic Act No. 11261, otherwise known as the "First Time Jobseekers Assistance 14 Act."
Sec. 6. Confidentiality - The Philippine National Police shall ensure at all times
the confidentiality of any personal information that comes to its possession or obtained 18 as a requirement for the issuance of a Police Clearance under the preceding section.
Sec. 7. Penal Provision - (a) Any person, who breach the confidentiality of
information contained in the NPCS, whether by carelessness, improper behavior, behavior with malicious intent, and use of confidential information for profit, shall be penalized by imprisonment of three (3) months but not to exceed one (1) year and a fine of not less than Fifty Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00), subject to the degree of breach of information; (b) The unauthorized processing of National Police Clearance without the consent of the subject individual shall be penalized by imprisonment of three (3) months but not to exceed one (1) year and a fine of not less than Fifty Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00).
Sec. 8. Appropriation - The amount necessary for the effective implementation
of the provisions of this Act shall be taken from the current year's appropriation of the PNP. Thereafter, such sum as may be needed for the continued implementation of 4 this Act shall be included in the annual General Appropriations Act.
Sec. 9. Implementing Rules and Regulations. - Within sixty (60) days from the
7 effectivity of this Act, the PNP shall promulgate the necessary rules and regulations 8 for the effective implementation of this Act.
Sec. 10. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.
Sec. 11. Repealing Clause. - All laws, orders, decrees, regulations, and policies
inconsistent with the provisions of this Act are hereby repealed and/or amended accordingly.
Sec. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
19 complete publication in the Official Gazette or in a newspaper of general circulation. Approved,