ARTICLE XVI, SECTION 6, 1987 CONSTITUTION
The State shall establish andmaintain one police force,which shall be national inscope and civilian in character,to be administered andcontrolled by a national policecommission. The authority oflocal executives over the policeunits in their jurisdiction shallbe provided by law.
R.A. 6975 (DECEMBER 13,
1990)
AN ACT ESTABLISHING THE
PHILIPPINE NATIONAL POLICE
UNDER A REORGANIZED
DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT, AND
FOROTHER PURPOSES
Section 2. Declaration of Policy
It is hereby declared to be the policy of
the State to promote peace and order,
ensure public safety and further
strengthen local government capability
aimed towards the effective delivery of
the basic services to the citizenry
through the establishment of a highly
efficient and competent police force
that is national in scope and civilian incharacter.
R.A. 8551 (FEBRUARY 25, 1998)
AN ACT PROVIDING FOR THE REFORMAND REORGANIZATION OF THEPHILIPPINE NATIONAL POLICE ANDFOR OTHER PURPOSES, AMENDINGCERTAIN PROVISIONS OF REPUBLICACT NUMBERED SIXTY-NINE HUNDREDAND SEVENTY-FIVE ENTITLED, "AN ACTESTABLISHING THE PHILIPPINENATIONAL POLICE UNDER A RE-ORGANIZED DEPARTMENT OF THEINTERIOR AND LOCAL GOVERNMENT,AND FOR OTHER PURPOSES“
Towards this end, the State shallbolster a system of coordination andcooperation among the citizenry,local executives and the integratedlaw enforcement and public safetyagencies created under this Act.
Section 2. Declaration of Policy andPrinciples
It is hereby declared the policy of the Stateto establish a highly efficient andcompetent police force which is national inscope and civilian in characteradministered and controlled by a nationalpolice commission.
The Philippine National Police (PNP) shallbe a community and service orientedagency responsible for the maintenance ofpeace and order and public safety.
Governors and mayors shall be deputized as representatives of the
Commission in their respective territorial jurisdiction. As such, the
local executives shall discharge the following functions:
(a)Provincial Governor –
(1) Power to Choose the Provincial Director. – The provincial
governor shall choose the provincial director from a list of three
(3) eligible recommended by the PNP regional director.
(2) Overseeing the Provincial Public Safety Plan Implementation.
– The governor, as chairman of the provincial peace and order
council, shall oversee the implementation of the provincial public
safety plan, which is prepared taking into consideration the
integrated community safety plans, as provided under paragraph
(b) (2) of this section.
(b) City and Municipal Mayors – (1) Operational
Supervision and Control. The city and municipal
mayors shall exercise operational supervision and
control over PNP units in their respective jurisdiction
except during the thirty (30) day period immediately
preceding and the thirty (30) days following any
national, local and barangay elections. During the
said period, the local police forces shall be under the
supervision and control of the Commission on
Elections.
The term "operational supervision and control"
shall mean the power to direct, superintend,
oversee and inspect the police units and forces.
It shall include the power to employ and deploy
units or elements of the PNP, through the station
commander, to ensure public safety and effective
maintenance of peace and order within the
locality.
"Employ" refers to utilization of units or elements of the
PNP for purposes of protection of lives and properties,
enforcement of laws, maintenance of peace and order,
prevention of crimes, arrest of criminal offenders and
bringing the offenders to justice, and ensuring public safety,
particularly in the suppression of disorders, riots, lawless
violence, rebellious seditious conspiracy, insurgency,
subversion or other related activities.
"Deploy" shall mean the orderly organized physical
movement of elements or units of the PNP within the
province, city or municipality for purposes of employment
as herein defined.
(2) Integrated Community Safety Plans. – The
municipal/city mayor shall, in coordination with the local
peace and order council of which he is the chairman
pursuant to Executive Order No. 309, as amended, develop
and establish an integrated area/community public safety
plan embracing priorities of action and program thrusts for
implementation by the local PNP stations.
It shall, likewise, be the duty of the city or municipal mayor
to sponsor periodic seminars for members of the PNP
assigned or detailed in his city or municipality in order to
update them regarding local ordinances and legislations.
(3) Administrative Disciplinary Powers. – In
the areas of discipline, city and municipal
mayors shall have the powers to impose,
after due notice and summary hearings,
disciplinary penalties for minor offenses
committed by members of the PNP
assigned to their respective jurisdictions, as
provided in Section 41 of this Act.
(4) Other Powers. – In addition to the
aforementioned powers, city and municipal
mayors shall have the following authority
over the PNP units in their respective
jurisdictions:
(i) Authority to choose the chief of police
from a list of five (5) eligibles recommended
by the provincial police director, preferably
from the same province, city or
municipality.
(ii) Authority to recommend the transfer,
reassignment or detail of PNP members outside
of their respective city or town residences; and
(iii) Authority to recommend, from a list of
eligibles previously screened by the peace and
order council, the appointment of new members
of the PNP to be assigned to their respective
cities or municipalities without which no such
appointment shall be attested.
“There is no usurpation of the power of control of theNAPOLCOM under Section 51 because under this very sameprovision, it is clear that the local executives are only acting asrepresentatives of the NAPOLCOM. As such deputies, they areanswerable to the NAPOLCOM for their actions in the exerciseof their functions under that section. Thus, unlesscountermanded by the NAPOLCOM, their acts are valid andbinding as acts of the NAPOLCOM.”
Governors and mayors, upon having been elected
and qualified as such, are automatically deputized
as representatives of the National Police
Commission in their respective jurisdiction. As
deputized agents of the Commission, local
government executives can inspect police forces
and units, conduct audit, and exercise other
functions as may be duly authorized by the
Commission.
NAPOLCOM M.C. 2002-003 (April 12, 2002) DEFINING THEFUNCTIONSOF PROVINCIAL GOVERNORS AS DEPUTIES OF THENATIONAL POLICE COMMISSION AS WELL AS THEIRRELATIONSHIPS WITH THE PNP PROVINCIAL DIRECTORS,CHIEFSOF POLICEANDMAYORS;
NAPOLCOM Memorandum Circular No. 2015-003 (November 12,2015) PRESCRIBING ADDITIONAL FUNCTIONS AND DUTIES OFLOCAL CHIEF EXECUTIVES (LCEs) AS NAPOLCOM DEPUTIES ASAUTHORIZEDUNDERSECTION 64OF REPUBLICACT NO. 8551
PRESCRIBING ADDITIONAL FUNCTIONS AND DUTIES OF LOCALCHIEF EXECUTIVES (LCEs) AS NAPOLCOM DEPUTIES ASAUTHORIZEDUNDERSECTION 64OF REPUBLICACT NO 8551
1. Formulate and adopt effective mechanisms for the
coordination, cooperation, and consultation
involving the local executives, citizenry and law
enforcement agencies created under R.A. 6975, as
amended, consistent with and in pursuance of the
Community and Service-Oriented Policing (CSOP)
System under NAPOLCOM Resolution No. 2015-
342 and such other NAPOLCOM issuance/s as
may hereafter be promulgated in relation thereto;
2. Formulate and pursue a three (3) year termbased, Peace and Order Public Safety Plan(POPS Plan), following the guidelines andpolicies of the DILG, and within the periodprescribed by the latter, which shall beincorporated in the ComprehensiveDevelopment Plan of the local government unit;
3. Convene the Peace and Order Council (POC)quarterly, or as often as the need arises, and submitsemestral POC Accomplishment Report, following theguidelines and policies of the DILG; and
4. Perform or exercise such other additional functionsand duites as may be duly authorized by theCommission, as provided under Section 64 of R.A. 8551
RESOLVED FURTHER that the failure of a LocalChief Executive, as deputy of the Commission, toperform the additional functions and duties hereinauthorized, shall be deemed engaging in acts whichnegate the effectiveness of the peace and ordercampaign in the country and which, once validatedor established . . shall be a ground for thesuspension or withdrawal of his/her deputation bytheCommission.
SEC. 52. Suspension or Withdrawal of Deputation. –Unless reversed by the President, the Commission may,after consultation with the provincial governor andcongressman concerned, suspend or withdraw thedeputation of any local executive for any of the followinggrounds:
a) Frequent unauthorized absences;b) Abuse of authority;c) Providingmaterial support to criminal elements; ord) Engaging in acts inimical to national security or
which negate the effectiveness of the peace andorder campaign.
Sec. 4. Section 6 of Memorandum Circular No. 99-010
is hereby amended to read as follows:
“Section 6. Procedure For Suspension or Withdrawal of
Deputation- Before the deputation of the Provincial
Governor and City/Municipal Mayor, is suspended or
withdrawn, the following measures shall be
undertaken by the Napolcom Regional Director in
whose area the said Governor or Mayor is based:
1. Upon receipt of complaint or report against
a local chief executive, he shall evaluate the
same to determine whether the acts or
violations complained of fall under any of
the grounds provided for under the
preceding section;
2. In the affirmative, he shall conduct further
verification/investigation with the end in
view of securing additional information or
evidence and the extent of violation;
3. Forthwith, he shall consult with the Provincial Governor
and Congressman concerned with respect to the complaint
against the Mayor and his findings related thereto, and in
the case of the Governor, he shall consult with the regional
director of the Department of the Interior and Local
Government concerned.
4. Thereafter, he shall submit his findings and
recommendation to the Commission which shall then
approve or disapprove the recommendation upon review
by the Commission En Banc.
Provided However, that the Commission may motu
proprio initiate the investigation of any local executive
for the purpose of determining the necessity of
suspending or withdrawing his deputation, if based on
its monitoring activity the breakdown of peace and
order and/or the incidence of illegal activities,
including illegal gambling, is of public knowledge
within the community, so as to induce a belief in an
unprejudiced mind that said local executive is abetting
or tolerating the same.
Upon good cause shown, the President may,
directly or through the Commission, motu
proprio restore such deputation withdrawn
from any local executive.