CLARIFYING THE DELINEATION OF THE FUNCTIONS OF CHIEFS OF POLICE AND CITY/MUNICIPAL MAYORS AS DEPUTIES OF THE NATIONAL POLICE COMMISSION RELATIVE TO THE EXERCISE OF POWERS AND FU…

WHEREAS, as
deputies of the Commission, City and Municipal Mayors are vested with
powers and functions of operational supervision and control, development
and establishment of an integrated area/community public safety plan
embracing priorities of action and program
thrusts for implementation by the local PNP stations, administrative
discipline, and other powers relating to the police personnel
management;

WHEREAS,
while these delegated powers and functions are enumerated under Section
51 of R.A. No. 6975, as amended, Mayors do not fully exercise them in
the absence of clear delineation and operational definition vis-a-vis the exercise of command, supervision and control powers by the Chief of Police;

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

1.         On Operational Supervision and Control

a.         City/Municipal Mayors exercise a higher level of operational supervision and control over police stations in their localities.  As
such, their activities to implement this function shall focus neither
on the individual police personnel nor on police actions per se but
rather on issuance of policies and guidelines to ensure public safety
and effective maintenance of peace and order within the locality.  They shall:

1.         Exercise
operational supervision and control over the PNP unit in their
respective jurisdictions, except during the thirty (30) day period
immediately preceding and thirty (30) days following any national, local
and barangay elections.  During the said period, the local police force shall be under the supervision and control of the Commission on Elections.

2.         Prescribe general guidelines on the utilization of the members of the police station for maximum effectiveness.  Along this line, the Mayors shall deal only with answers to what, where, and why.

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

All orders of the Mayors shall be coursed through the Chief of Police in keeping the principle of Unity of Command.

4.         Assess
and evaluate the overall effectiveness of the police stations as well
as the overall performance of the Chiefs of Police, such evaluation
reports to be submitted to the Napolcom Regional Director, the PNP Provincial Director and the Provincial Governor.

b.         Chiefs of Police on the other hand, are vested with the powers to direct the tactical and strategic
movements, deployment, placement and/or specific assignment of
individual police members, and the utilization of equipment, facilities
and other resources of the police stations.  They shall:

1.         Prepare
operational plans to implement directives of the Mayors relative to
maintenance of public safety and peace and order, including the
allocation of resources and assessment of specific police personnel to
implement the plan thus, the answer to who and how for particular police operations.

2.         Submit to the Mayors after completion reports on special police operations conducted by them.

3.         Submit to the Mayor, Napolcom Regional Director, PNP Provincial Director and Provincial Governor accomplishment report of his station.

2.         Development and Establishment of an Integrated Area/Community Public Safety Plan

a.         City/Municipal Mayors

1.         Develop
and establish an integrated area/community public safety plan, in
consultation with the local peace and order council thereat, embracing
priorities of action and program thrusts for implementation by the
concerned police station.

2.         Regularly
examine their environments particularly those relating to public safety
and peace and order; and share and disseminate gathered information to
the police force, through the COP.

3.         Use
gathered public safety and peace and order information in a directive
way to draw forth and elicit general action by the police.

4.         As
chairperson of the local peace and order council, shall initiate the
development and establishment of the Integrated Area/Community Public
Safety Plan (IA/CPSP) for implementation by the police in their
locality.

5.         Require
submission by the COP periodic accomplishment reports and rendition of
public safety and peace and order reports during CPOC/MPOC meetings.

6.         Monitor status of implementation of IA/CPSP.

b.         Chiefs of Police

1.         Assist
the Mayors in formulating and implementing the Integrated
Area/Community Public Safety Plan and render periodic reports on status
of the implementation of the plan’s law enforcement component to the
concerned city/municipal mayor copy furnished the Napolcom Regional Director and the Police Provincial Director.

2.         Make use of information shared by the Mayor in the formulation of police operations, programs and projects.

3.         Submit
periodic accomplishment reports to the Mayor and render public safety
and peace and order reports during CPOC/MPOC meetings.

3.         Disciplinary Powers

a.         City/Municipal Mayors

Pursuant to Section 41 (a-2) of R.A. No. 6975, as implemented by Napolcom
Memorandum Circular No. 91-008, impose the following sanctions for
minor offenses involving citizen’s complaint against erring members of
the police station:

            – withholding of privileges

            – restriction to specified limits

            – suspension
or forfeiture of salary, or any combination thereof, for a period of
not less than sixteen (16) days but not exceeding thirty (30) days

b.         Chiefs of Police

Pursuant to Section 41 (b-1) of R.A. No. 6975, as implemented by Napolcom
Memorandum Circular No. 96-010, impose administrative punishments for
minor offenses involving citizen’s complaint and breach of internal
discipline committed by erring members of the police station:

            – admonition or reprimand;

            – restriction to specified limits;

            – withholding of privileges

            – forfeiture of salary or suspension, or any combination thereof, for a period not exceeding fifteen (15) days.

4.         Other Powers

a.         City/Municipal Mayors

1.         Choose the Chief of Police from a list of five eligibles recommended by the provincial police director, upon prior consultation with the Napolcom
Regional Director concerned regarding the qualification of the
candidates in relation to the standards prescribed by Section 34 of R.A.
No. 6975 as amended by Section 22 of R.A.No. 8551, as well as their suitability for the position. Provided, however, that in no case shall an Officer-in-Charge be designated for more than thirty (30) days.

2.         Through
the City/Municipal Peace and Order Council (CPOC/MPOC) of which he is
the chairperson, recommend the recall or reassignment of the Chief of
Police (COP) if ineffective in combating crime or maintaining peace and
order.

3.         Recommend
to the Provincial Police Director, through the Provincial Governor, the
transfer, reassignment or detail of PNP members outside of their
locality.

4.         Recommend from a list of eligibles
previously screened by the peace and order council the appointment of
the new members of the PNP to be assigned in their respective
municipalities without which no such appointments shall be attested;
Provided, That whenever practicable and consistent with the requirements
of the service, PNP members shall be assigned to the city or
municipality of their residence.

5.         Exercise control and supervision over anti-gambling operations within the locality.

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

b.         Chiefs of Police

1.         Recommend
to the PNP Provincial Director, through the Mayor, the transfer,
reassignment or detail of PNP member outside of his city/ municipality.

2.         Forward
to the Mayor all applications received by and/or filed with the police
station for initial appointment to the rank of Police Officer I, for the
screening and evaluation of CPOC/MPOC of which the Mayor is the
Chairperson.

3.         Undertake
campaign against illegal gambling operations as an inherent law
enforcement function of the Chief of Police and/or as directed by the
Mayor.

4.         Inspect
or cause to be inspected regularly all members of his police station,
paying particular attention to morale of his men, attendance and
discipline; all equipment relating to firepower, mobility, communication
particularly on their serviceability and, ensure effectiveness,
efficiency and economy in the utilization of the resources of the
station.

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