Senator Grace Poe files bill to make PNP IAS an independent unit separate from the PNP
Senator Grace Poe files bill to make PNP-IAS an independent unit separate from the PNP
Is it time for the IAS to become an independent unit of PNP?
Media
reports focus their attention on National Capital Region Police Office (NCRPO)
Chief Police Major General Debold Sinas when the NCRPO Public Information Office
(PIO) uploaded photos in their facebook page “Mañanita for General Sinas.” The
said birthday party was attended by police officials and his staff members which
caught the attention of netizens as they violated the government policy on mass
gathering and physical distancing to lessen the spread of the pandemic disease.
On
May 14, 2020, PNP Chief PGEN Archie F Gamboa ordered the PNP Internal Affairs
Service (PNP IAS) to conduct investigation of the alleged violation of protocols
against the erring police officers.
Based
on the initial assessment, the PNP Chief said that there was a probable cause
to file criminal and administrative charges against PMGEN Sinas for celebrating
his birthday held inside the NCRPO headquarters despite the quarantine rules.
The
administrative case/s filed against those police officers are now in the hands
PNP IAS where the Chief, PNP is the disciplinary authority as part of the
disciplinary machinery of PNP.
What is IAS?
The Philippine National Police-Internal Affairs Service is tasked among others to:
a) pro-actively conduct inspections and audits on PNP personnel and units;
b)
investigate complaints and gather evidence in support on an open investigation;
and
c)
conduct investigation, motu proprio,
on incidents where death, serious physical injury, or any violation of human
rights occurred in the conduct of a police operation, among others.
The
Internal Affairs Service (IAS) of the PNP was created by Republic Act No. 8551 or the “PNP
Reform and Reorganization Act of 1998.”
The
IAS was meant to be an independent unit armed with disciplinary authority over
members of the PNP. Unfortunately, the present IAS possesses no such powers,
rendering it unable to impose sanctions
on erring officers.
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The
lack of an empowered internal watchdog has been cited by many experts as one reason
why many infractions committed by men in uniformed go unpunished.
Police
officers can take advantage their rank and power with impunity. According to
PBA Party-list Representative Jericho Nograles, the brotherhood among PNP has diluted the integrity of the present IAS
due to allegations that top police officers covered-up their subordinates’
wrongdoings.
What
it has at present is the power to merely RECOMMEND,
its findings subject to approval or disapproval by the Chief, PNP and even PNP Regional
Directors
Now,
in the 18th Congress, Senator Grace Poe has filed Senate
Bill No. 1494 or “The
PNP-IAS Reform Act of 2016” that seeks to
strengthen the IAS’ capacity to resolve disciplinary cases.
The
proposed law enhances the independence of the IAS granting its authority to
impose disciplinary sanctions against erring PNP personnel, subject only to review,
in limited cases, by the Regional Appellate Board (RAB) or National Appellate
Board (NAB) under National Police Commission. Also, it ensures speedy
disposition of cases filed with the IAS by streamlining procedures imposing
timelines.
However,
the PNP Chief PGEN Gamboa said that the implementation (of the proposed law) requires a lot of study.
“If the IAS Regional Director recommends a penalty,
the said penalty can still be reviewed and actually reinvestigated if the
disciplinary authority like PNP Regional Director is not contended with findings
and recommendations of IAS,” he added.
The
said campaign for IAS reformation was also supported by the current IAS Chief,
IAS Inspector General Atty. Alfegar Triambulo. He (Triambulo) proposed to limit
the mandate of National Police Commission (NAPOLCOM) either as a policy-making
agency or an administrator of the PNP so that IAS will now serve as a main
agency to conduct audit and inspection on the performance of the PNP.
If
this bill becomes a law then the IAS will now have the prosecutorial power instead
of recommendatory on imposing penalty against erring police officers.