DEFINING AND PRESCRIBING THE DUTIES AND RESPONSIBILITIES OF THE PROVINCIAL GOVERNORS AND CITY/MUNICIPAL MAYORS, AS DEPUTIES OF THE NATIONAL POLICE COMMISSION IN THE CAMPAIGN AGA…

WHEREAS,
Section 64, Republic Act (RA) No. 8551, mandates that Governors and
Mayors, after having been elected and qualified as such, are
automatically deputized as representatives of the Commission in their
respective areas of responsibility and, by virtue of said deputation,
shall among others, oversee the implementation of their Provincial or
Community Public Safety Plans; initiate measures and programs geared
towards the effective maintenance of law and order, including the
implementation and enforcement of all anti-gambling laws, principally
Presidential Decree (PD) No. 1602) Prescribing Stiffer Penalties on
Illegal Gambling); and, to exercise other functions as may be authorized
by the Commission;

WHEREAS,
Section 51 (b) (4), RA No. 6975, as amended, provides that “the control
and supervision of anti-gambling operations shall be within the
jurisdiction of local government executives” and Section 14 (a) (11)
thereof, the Napolcom shall “Monitor the performance of local chief executives as deputies of the Commission”.

WHEREAS, RA
No. 7160, otherwise known and cited as the “Local Government Code of
1991” enjoins the Provincial Governors and City/Municipal Mayors to
enforce to all laws and ordinances relative to the governance of the
province, city or municipality, one of which is PD No. 1602.

WHEREAS, on April 3, 2002 a Summit
on Anti-Illegal Gambling was conducted in Metro Manila wherein local
chief executives and their representatives were invited to formulate a
holistic, comprehensive no-nonsense strategy to combat jueteng and all forms of illegal gambling;

NOW,
THEREFORE, the Commission, in the exercise of its Constitutional mandate
and statutory powers under RA No. 6975, as amended, has resolved to
define and prescribe as it hereby defines and prescribes the additional
duties and responsibilities of Provincial Governors and City/Municipal
Mayors as Deputies of the Commission in the campaign against jueteng and other forms of illegal gambling activities:

1. It shall
be the duty and responsibility of all provincial governors and
city/municipal mayors as local government executives and as deputies of
the Commission to be the prime movers in the campaign against jueteng
and other illegal gambling activities, and thus, are enjoined, pursuant
to their power of control and supervision over anti-gambling operations
of the PNP within their areas of responsibility, to immediately stop
and eradicate these nefarious activities.

Toward this
end, they are enjoined to prepare an operational plan against illegal
gambling for the implementation of the Police Provincial Director or
Chief of Police, as the case may be, copy furnished the regional offices
of DILG, Napolcom and PNP.

In addition
thereto, they shall likewise pursue the criminal prosecution of the
violators of PD No. 1602 and other related anti-gambling laws.

2. All local chief executives who have knowledge of the operation of jueteng
and other illegal gambling activities in their respective areas of
responsibility but fail or refuse to stop or eradicate the same, shall
be held administratively liable for dereliction of duty under section 60
(c) of RA No. 7160, without prejudice to the withdrawal of their
deputation under Section 52, RA No. 6975, as amended, and as implemented
under Napolcom Memorandum Circular No.
2001-03 and their criminal prosecution under Article 208 of the Revised
Penal Code, RA 3019 or the Anti-Graft and Corrupt Practices Act and
Republic Act No. 6713, otherwise known as the “Code of Conduct and
Ethical Standards for Public Officials and Employees.

For this purpose, the criminal and administrative complaint shall be lodged before the Office of the Ombudsman.

3. For purposes of Section 2 hereof, there is prima facie case that a local chief executive has knowledge of the operation of jueteng
and other illegal gambling activities in his area of responsibilities
and has failed or refused to stop or eradicate the same under any of the
following circumstances:

3.1 when
three (3) or more separate raids/operations conducted in a province,
city or municipality, without the participation of the concerned local
executive, directly or indirectly, by members of law enforcement units
not assigned to the police station under the local government unit (LGU)
concerned which resulted in the arrest of violators of PD 1602, and/or
the confiscation of gambling paraphernalia, or cotejo; bets and other related items;

3.2 when
such illegal gambling activity is of public knowledge within a
province, city or municipality so as to induce a belief in an
unprejudiced mind that the Provincial Governor or City or Municipal
Mayor is abetting or tolerating the same;

3.3 when a
LCE fails or refuses to cooperate and/or provide necessary assistance to
police operatives during the conduct of anti-illegal gambling
operations or such LCE intercedes for the release of apprehended
violators and/or gambling paraphernalia, bets and other related items;

3.4 when from the monitoring report of the Regional Multi-Sectoral Monitoring Team (RMMT) on Anti-Gambling, it appears that for two (2) or more months in a province, city or municipality, jueteng or other illegal gambling activities exist and that the LCEs failed to stop the same.

3.5 when two
(2) or more individuals of known probity and integrity execute an
affidavit or sworn statement, attesting to the existence of illegal
gambling and, attaching or enclosing therewith documents or items such
as bulilyo, lastilyas or cotejo related thereto.

4. Orders, directives or instruction, written or verbal, issued by the concerned LCEs
to stop illegal gambling operations or activities in their respective
areas of responsibilities shall not exculpate them from criminal or
administrative liability, if any of the circumstances enumerated above
exists or occurs.

5. For our reference, and in relation to the foregoing, the Supreme Court in “Juan Coronado, Petitioner vs.  The Sandiganbayan and the People of the Philippines, Respondents”, G.R. No. 94955, August 18, 1993, had the occasion to define “Neglect of Duty” in this wise:

            “x x x.,
there was failure on the part of the petitioner, a public officer, to
observe due diligence in his assigned tasks; let us call it one of
neglect, a broad term which is defined as the failure to do what can be
done and what is required to be done (West’s Legal Thesaurus/Dictionary,
1986).”

6. To ensure
strict compliance with the provisions of this Circular, the RMMT on
Anti-Gambling created under Department Order No. 2001-102, as amended by
2001-590, shall be the Office of Primary Responsibility, and shall be
guided by Napolcom Office Order No. 2001-015 dated August 20, 2001.

7. All other Napolcom Issuances or portions thereof which are contrary to, or inconsistent herewith, are hereby modified or repealed accordingly;

8. Let a copy
of this Circular be furnished the Office of the President, Office of
the Chairperson, Civil Service Commission and Office of the Ombudsman
for their information and reference.

This
Memorandum Circular shall take effect fifteen (15) days from date of
publication in a newspaper of general circulation, and a copy of the
same filed with the 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