DEFINING THE FUNCTIONS OF PROVINCIAL GOVERNORS AS DEPUTIES OF THE NATIONAL POLICE COMMISSION AS WELL AS THEIR RELATIONSHIPS WITH THE PNP PROVINCIAL DIRECTORS, CHIEFS OF POLICE A…

WHEREAS, Provincial Governors as deputies of the Commission are mandated to discharge the following functions:

1.         Choose the PNP provincial director from a list of three (3) eligibles, recommended by the PNP Regional Director, upon prior consultation with the Napolcom
Regional Director/concerned, regarding the educational and training
credentials of the candidates in line with the standards prescribed by
Section 20 of R.A. No. 8551 as well as their service reputation and
suitability for the position.

2.         As
Chairperson of the Provincial Peace and Order Council, shall oversee
the implementation of the Provincial Public Safety Plan taking into
consideration the community public safety plans of the different towns
and cities; and coordinate, supervise and monitor the campaign against
illegal drugs and illegal gambling within the province.

3.         Conduct
inspection and audit of performance and facilities of police stations
under their jurisdictions for the purpose of assessing their operational
preparedness and effectiveness, and perform such other functions as may
be duly authorized by the Commission.

WHEREAS, as
deputized Commission representatives, the Provincial Governors exercise
general supervision which is operationally defined as the power to see
to it that the police units and/or elements assigned within the
territorial boundaries of the province perform their duties properly
according to existing laws as well as rules and regulations promulgated
by the National Police Commission in order that the overall mission of
the PNP in maintaining law and order and ensuing public safety in the
province, city or municipality thereof shall be effectively attained;

WHEREAS, as
deputized Commission representatives for the province, the Provincial
Governors exercise general supervision over the Mayors who are likewise
the deputized Commission representatives for the component cities and
municipalities to ensure that they perform within the scope of their
prescribed powers and functions as specified in Memorandum Circular
2002-002.  Highly independent urbanized cities and independent component cities shall be independent of the province;

NOW, THEREFORE, THE COMMISSION HAS RESOLVED TO PRESCRIBE, AS IT HEREBY PRESCRIBES, the following:

1.         Provincial
Governors exercise general supervision over PNP Provincial Directors.
As such, the Governors must ensure that the PNP units or elements
assigned to the PNP provincial office and all city/municipal police
offices within the province are performing their duties properly
according to existing laws as well as rules and regulations and policies
promulgated by the National Police Commission and other competent
authority in order to ensure effective maintenance of law and order.  As such, Provincial Governor shall:

a.         Conduct
inspection and audit of the personnel, performance and facilities of
PNP provincial office and police offices/units of cities/municipalities
within the province (External Audit);

b.         Monitor and assess police performance in relation to prevailing peace and order situation within the province;

c.         Issue
directives for the conduct of police operations in the province to stop
illegal activities and neutralize criminal syndicates particularly on
illegal gambling and drugs;

d.         Call
the Police Provincial Director to direct the concerned Chief of Police
to suppress any violence or disorder, enforce law and order and ensure
public safety in a city/municipality within the province;

e.         Call the Police Provincial Director to meetings and conferences on matters of peace and order and public safety;

f.          Require
assistance from the Police Provincial Director in the interest of
general public service, provided the primary mission of the PNP
Provincial Office is not prejudiced;

g.         Issue
appropriate guidance to the Police Provincial Director on the
prescribed standards and deficiencies noted during the inspection;

h.         Furnish
appropriate reports and recommendations to the PNP Regional Director,
if after giving such guidance/advice, the police provincial office fails
to improve its performance and/or follow laws, rules or regulations;
and

i.          Take appropriate administrative or criminal action against an erring provincial police member.

2.         With the Provincial Governor exercising general supervision over the provincial PNP, the Provincial Police Director shall:

a.         Formulate implementing plans to operationalize
directives of the Provincial Governor to suppress violence, disorder or
criminality in an area, in coordination with the Chief of Police of the
concerned city/municipality;

b.         Direct
appropriate and/or subordinate police units/elements to undertake
public service activities called for by the Provincial Governor,
provided the primary mission of the police unit is not prejudiced;

c.         Undertake
campaign against illegal gambling operations as an inherent function of
the Provincial Director and/or as directed by the Provincial Governor;

d.         Assist
the Provincial Peace and Order Council (PPOC) chaired by the Provincial
Governor in the formulation of the IA/CPSP and render periodic reports
on the status of the implementation of the plan’s law enforcement
component;

e.         Render periodic and regular reports on the peace and order situation within the province;

f.          Submit accomplishment report as may be required by the Governor;

g.         Conduct inspection and audit of personnel, performance and facilities of the Provincial Police Office (Internal Audit); and

h.         Pursuant to Section 41 (b-2) of R.A. No. 6975, as implemented by Napolcom
Memorandum Circular No. 96-010, impose administrative punishments for
minor offenses involving breach of internal discipline committed by
erring members of the provincial police office.

            – admonition or reprimand;

            – restrictive custody;

            – withholding of privileges;

            – forfeiture
of salary or suspension; or any of the combination of foregoing:
Provided, That, in all cases, the total period shall not exceed thirty
(30) days.

3.         As
deputized Commission representatives in the province, the Provincial
Governors shall ensure that the deputized Mayors in the component cities
and municipalities of the province exercise general supervision and
control functions over the PNP units in their respective jurisdictions
within the standards and guidelines prescribed by the Commission.

All other Napolcom
issuances or parts thereof which are inconsistent with, or contrary to,
the provisions of this Circular are hereby repealed, amended or
modified.

This Circular shall take effect fifteen (15) days from date of filing with UP Law Center in consonance with the Administrative Code of 1987.

Adopted: 12 April 2002

(SGD.) JOSE D. LINA, JR. Chairperson (SGD.) ROGELIO A. PUREZA Commissioner Vice-Chairman and Executive Officer
(SGD.) EDGAR DULA TORRES Commissioner	(SGD.) JOSE PERCIVAL L. ADIONG Commissioner
(SGD.) LINDA MALENAB-HORNILLA Commissioner	(SGD.) P/DG LEANDRO R. MENDOZA Commissioner
Attested by: (SGD.) REYNALDO JD CUADERNO Deputy Executive Director IV