DIRECTING THE NATIONAL POLICE COMMISSION TO EMPOWER THE MAYORS OF ALL THE CITIES AND MUNICIPALITIES IN THE NATIONAL CAPITAL REGION TO EFFECTIVELY CARRY OUT THEIR RESPONSIBILITY …
WHEREAS, pursuant to Section 16 of the
Local Government Code of 1991 (Republic Act [R.A.] No. 7160), as
amended, local government units shall ensure and support, among other
things, the maintenance of peace and order within their respective
territorial jurisdictions;
WHEREAS, pursuant to Section 51,
Chapter III-D of the Department of the Interior and Local Government Act
of 1990 (R.A. No. 6975), as amended by the Philippine National Police
Reform and Reorganization Act of 1998 (R.A. No. 8551), city and
municipal mayors exercise operational supervision and control over units
of the Philippine National Police (PNP) in their respective territorial
jurisdictions except during the thirty (30) day period immediately
preceding and the thirty (30) days following any national, local and barangay elections;
WHEREAS, by virtue of Section 14 of
R.A. No. 6975, as amended, the National Police Commission exercises
administrative control and operational supervision over the PNP;
WHEREAS, the National Capital Region,
which consists of thirteen (13) cities and four (4) municipalities and
is the place of residence of approximately ten million people, is
uniquely situated in terms of law enforcement;
WHEREAS, there is a need to institute
mechanisms which will ensure and support the performance by the mayors
of the cities and municipalities in the National Capital Region of their
functions relative to the maintenance of peace and order and to the
exercise of operational supervision and control over the units of the
PNP within their respective territorial jurisdictions.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, hereby direct the National Police Commission (NAPOLCOM) to ensure that:
a. The
mayors of the cities and municipalities in the National Capital Region
shall exercise operational supervision and control over the units of the
PNP within their respective territorial jurisdictions except during the
thirty (30) day period immediately preceding and the thirty (30) days
following any national, local and barangay elections;
b. All
decisions of the cities and municipalities in the NCR as promulgated
through their People’s Law Enforcement Boards in administrative
disciplinary cases shall be immediately executory:
Provided, however, That a decision which involves demotion or dismissal
from the service may be appealed with the regional appellate board
within ten (10) days from receipt of the copy of the decision: Provided,
further, That the pendency of such an
appeal shall not prevent a decision imposing the penalty of demotion or
dismissal from the service from becoming immediately executory:
Provided, finally, That in the event the appeal results in an
exoneration, the respondent shall be entitled to reinstatement and to
prompt payment of salary, allowances and other benefits withheld from
him by reason of his demotion or dismissal;
c. Pursuant
to R.A. No. 6975, as amended, the mayors of the cities and
municipalities in the NCR shall choose the chiefs of police, station
commanders or district directors, respectively from lists of qualified
and eligible officers recommended by the district director or the
National Capital Region Police Office (NCRPO) Director, preferably from
the same city or municipality. The mayors may
recommend to the district director or NCRPO Director, respectively, an
eligible, who may be included in the list of eligibles; and
d. The
mayors of the cities and municipalities in the NCR shall be given prior
notice of the transfer, recall, reassignment or detail of PNP members
under their operational supervision and control.
The NAPOLCOM shall adopt such resolutions as may be necessary to carry out this Memorandum Order.
This Memorandum Order shall take effect immediately upon approval.
Adopted: 01 Oct. 2002
BY THE PRESIDENT:
(SGD.) ALBERTO G. ROMULO
Executive Secretary