DIRECTING THE CHIEF, PHILIPPINE NATIONAL POLICE, POLICE REGIONAL DIRECTORS, POLICE PROVINCIAL DIRECTORS, POLICE DISTRICT DIRECTORS, CITY POLICE DIRECTORS, CHIEFS OF POLICE AND S…

WHEREAS,
despite several campaigns to stamp out these illegal activities, the
same were proven to be short of community expectation and said vices
continue to proliferate except in a few provinces, cities and
municipalities of the country;

WHEREAS, it is of public perception that jueteng
and other illegal gambling activities will not thrive and flourish
within a province, city or municipality without the connivance,
protection or tolerance of our law enforcement officers and the local
government executives;

WHEREAS, in
light of the pronouncement of Her Excellency, President GLORIA
MACAPAGAL-ARROYO on the three (3) significant pillars of good
governance, namely: a sound moral foundation; a philosophy of
transparency in all transactions; and, an ethic of effective
implementation, there is an urgent need to once more revisit our
operational strategies in this campaign with the end in view, of taking a
unified and resolute stand against this illegal activity.

NOW,
THEREFORE, the Commission, in the exercise of its administration and
control function over the PNP, has resolved to direct, as it hereby
directs, the PNP leadership from the Chief, PNP to the lowest officer or
unit commander to immediately undertake an all-out campaign to stop and eradicate jueteng and other illegal gambling activities; and further prescribes the following rules to govern the same:

1.         All PNP units shall be primary and principal law enforcement arm in the national campaign against jueteng and other illegal gambling activities.  For
operational effectiveness, they are enjoined to closely liaison and
directly coordinate with their local Peace and Order Councils, Law
Enforcement Coordinating Councils and other public and private
organizations actively involved in this campaign.

2.         To ensure a more efficient, sustained, vigorous and resolute campaign against jueteng
and other gambling activities, it is imperative that the “Doctrine of
Command Responsibility” be strictly applied at all levels of command in
the PNP.  For ready reference in the application
of this Doctrine, quoted hereunder are Sections 1 and 2 of Executive
Order No. 226 dated February 17, 1995, on the subject,
“INSTITUTIONALIZATION OF THE DOCTRINE OF “COMMAND RESPONSIBILITY” IN ALL
GOVERNMENT OFFICES, PARTICULARLY AT ALL LEVELS OF COMMAND IN THE
PHILIPPINE NATIONAL POLICE AND OTHER LAW ENFORCEMENT AGENCIES”, thus:

“SECTION 1.  Neglect of Duty Under the Doctrine of “Command Responsibility”.  Any
government official or supervisor, or officer of the Philippine
National Police or that of any other law enforcement agency shall be
held accountable for “Neglect of Duty” under the doctrine of “command
responsibility” if he has knowledge that a crime or offense shall be
committed, is being committed, or has been committed by his
subordinates, or by others, within his area of responsibility and,
despite such knowledge, he did not take preventive or corrective action
either before, during, or immediately after its commission.

SEC. 2.            Presumption of Knowledge.
— A government official or supervisor, or PNP commander, is presumed to
have knowledge of the commission of irregularities or criminal offenses
in any of the following circumstances:

1.         When the irregularities or illegal acts are widespread within his area of jurisdiction;

2.         When the irregularities or illegal acts have been repeatedly or regularly committed within his area of responsibility; or

3.         When members of his immediate staff or office personnel are involved.”

3.         Accordingly, in the campaign against jueteng
and other illegal gambling activities, any PNP official or unit chief
who fails or refuses to stop and eradicate this illegal activity in his
area of responsibility shall be administratively charged for Serious
Neglect of Duty under the Doctrine of Command Responsibility pursuant to
Executive Order No. 226 of February 17, 1995 without prejudice to his
or her criminal prosecution when applicable under the Revised Penal Code
and special laws, under any of the following circumstances:

3.a       For
PNP Regional Directors, when three (3) or more separate
raids/operations conducted in any part of a region by a PNP unit not
organic to the region or any authorized law enforcement agency, resulted
in the arrest of violators of PD 1602 and/or the confiscation of
gambling paraphernalia, such a bulilyo, lastilyas, cotejo, bets and other related items.

3.b       For
the PNP Provincial Directors, when three (3) or more separate
raids/operations conducted in any part of the province, by any PNP unit
not organic to the province or any authorized law enforcement agency,
resulted in the arrest of violators of PD 1602 and/or the confiscation
of gambling paraphernalia, such as bulilyo, lastilyas, cotejo, bets and other related items.

3.c       For
City/Municipal Chiefs of Police, when three (3) or more separate
raids/operations conducted in any part of the city/municipality, by a
PNP unit not organic to the city/municipality or any authorized law
enforcement agency, resulted in the arrest of violators of PD 1602
and/or the confiscation of gambling paraphernalia, such as bulilyo, lastilyas, cotejo, bets and other related items.

3.d       For
the PNP Regional Director, Provincial Director and City/Municipal Chief
of Police concerned, a report on the raids/operations had been
forwarded to him/her by the raiding or operating team detailing the
arrests and/or confiscated gambling paraphernalia, bets and other
materials and such other matter as may indicate existence of illegal
gambling in the area, but despite such knowledge, the Regional Director,
Provincial Director or City/Municipal Chief of Police concerned did not
take preventive or corrective action within one (1) week from the
receipt of the report of the raiding team.

3.e       Complementary
to the conduct of raids/operations and submission of reports by
raiding/operating teams to the concerned PNP Regional Director,
Provincial Director or City/Municipal Chief of Police, when the Regional
Multi-Sectoral Monitoring Team (RMMT) on
Anti-Gambling has furnished the concerned PNP officer of copies of its
monitoring report and certifications duly signed by RMMT Chair and
members on the existence of illegal gambling in a particular
city/municipality for two (2) consecutive months but the concerned PNP
officer fails or refuses to take preventive or corrective action within
one (1) week reckoned from the receipt of the RMMT report.

3.f        When
two (2) or more individuals of known probity and integrity execute an
affidavit or sworn statement, attesting to the existence and continuing
operation of illegal gambling in his area of responsibility and,
attaching therewith documents or items proving the same.

4.         Any
PNP Regional Director, Provincial Director or City/Municipal Chief of
Police who falls under any of the foregoing circumstances, shall be
relieved of his/her assignment and forthwith pre-charge investigation
will be conducted which shall be terminated within fifteen (15) days.  Upon
finding of probable cause, subject police officer shall be placed under
preventive suspension pending formal investigation in accordance with Napolcom Memorandum Circular No. 98-014.

5.         Henceforth,
as a matter of policy, the Commission, before recommending or approving
any promotion of a PNP officer, both in rank and assignment, shall
assess and evaluate the performance of said recommendee in the campaign against jueteng and other illegal gambling activities.

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

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