(I Philippine Economic Zone fluthority PEZA

MEMORANDUM CIRCULAR NO 2 0 1 5 - 0 0 5

FOR Economic Zone Locator Enterprises Economic Zone Administrators and ~~~rs __

FROM Director General LILIA B DE LIMA ~ rltshy

DATE 5 February 2016

SUBJECT Extension of the Relief from PNP Requirements for commonly used controlled chemicals

Per item 7 of the Memorandum of Police Director Elmer R Soria of the Philippine National Police (PNP) - Civil Security Group addressed to the PNP Chief dated 26 January 2016 (please see attached) the PNPs regulation on commonly used chemicals remains suspended up to 30 April 2016 or until such time that the DILG shall have issued the implementing rules and regulations (IRR) governing explosives explosive accessories explosive ingredients and controlled chemicals

The temporary suspension was approved by Police Director General Ricardo C Marquez PNP Chief on 04 February 2016 Similar to PEZA Memorandum Circular 2015-31 entitled Temporary suspension of PNPs regulation on commonly used controlled chemicals the suspension includes relief from license permit escorting and reportorial requirements as well as reprieve from confiscation of stocks and collection of any amount arising from in association with or in relation to escorting services However the PNP shall continue to regulate chloratesl nitrates I nitric acid (CNNA) explosives (E) and explosive accessories (EA)

For your information

PEZAmiddotDTS

[ III ~II~II~ ~11~11~11~111111111~lllli III ~II ~IIIIIIIIII ] 1519-2016-00040

Roxas Boulevard corner San LUis Street Pasay City Metro Manila Phil ippines Telephones (632) 5513451 5513438middot Facsimile (632) 5513442 E-mail infopezagovph bull Website wwwpezagovph

I I t i

i esc E DUM

For

1 THHI

Republic of the Pililippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE

elVI ECURITY G - OUP Camp Crame Quezon City

C PNP

I TOCA

i

rDCO

TCDS

i

I J

I TOO JAN Lrnl~ -----4-~--i I I F OM DCSG

I t~U JECT

I I J

bull CPNP lt00 A 078343

-lA bull 111II1111111II11I1111111~1111~lmlI

1 -- I H f~ces c--=- (028343u

II ) I D No 1(J(gt6 as amended by RA No 0291 and R A No 951 6 and I Various consultative meet ing- with industry stallteholders and other

bull I I 0O~r~~thiS GrouaUended vanus consll~tive meeting- on iinll r 16 13 11 1-1 2015 witll representatives of stal eholder organization as well as r r y iiv ~middot j var io s govel1lment agencies on various dates and these In etings ill~l uclc offic r~ from various stal~eholder organizations namely Samahan sa Fiipill 19 Ind Istriyang I(imillts (SPIK) Fertilizer Industry Association of the Plilip1il K (FlA P) Philippine Association of Chemical Suppliers Inc (PIC I)

qmic (Ilctor 8 Electronic Industries in the Philippine Foundation Inc (SEIPI) Asho j ti n of otrocilemical Manufacturers of the Phils (IPMP) and from government l PI1 ii 1l 1lnoly Deparlm nt of Trade and Industry (DT I) Board of Investments (E i) I) ri rtrrlGI t of 1116 Interior and Lo 81 Government ( ILG) Export Development

01 11 il ( C)-Dll Bureau of Customs (SOC) anel tile Pllilippine Economic Zone Aui ll oritl (P Z )

I l ~~ T ElMO FRANCIS 0 ~ARONA Chief FEO was appointed as lhair

f t1e ~ 1J -TWG 011 the Streamlining of PNP License and Permits on eX I Five exp sil ~ae es~ories explo iva ingre i ents and controlled chemical while PS UPT r ~110 I ~ I U OIC CDS CSG wa requented to I e tl1 yO- hair of the ubshyr nhillili ~ TW~ n Accreclitation of ransport Service Provicl rs ThGGe S b-TWG ur rco 1 tuncler tYIC auspice of the Mother NG wit DILG USEC Edwin Enrile ~nd

TI l 7C Kafaolitn Aldaba as CI1 irs and Co-CJlairs respectively

t 11 II I TWG on the Categorization of PNP Contr lied Chemicals headed by l r Ih )imiddot VI Ollyi President Integ rat Chemists of the Philippines with Dr C of til lp ilil 1 I Instil Ita of CI1emistly Ms Briones and M Bion of ITDI-DOST PSUPT 1 l I P 1~ bief Cll~mjstry Division PNP Crim Laborst ry as members t~lrcily inhhed their task and submitted their final output to the Mother TWG The regJ=f I ~ ~ cirluljriz Uqn f their output was witl1held pending their final presentation to the s shy

lTlotllltrr T rql~nd with tile PNP expressing its reservations on the categorization which I _

APtI v Jcprl ) II ~ I m linJ april 2Z

pel t middot on the ctions talton pertaining to the PNPa r gulation of exp o ivG explo ive ccell aria xVlo iv iR reef nt nd controlled chemical~

fTmiddot I

weni beyopd the catch-aU phrase under Section 4 0 of RA No 9516 that such oth~r che~icals and accessories that can be used for the manufacture of explosives and explotive ingredients but also dlsturbedn controlled chemicals belonging to the tam ies (~J nitrates chlorates and nitric acid A familiar doctrine in statutory con tructiqn which that where the law does not distinguish neither should we me ns th~t Section 4 0 is clear and unequivocal subjecting nitrates chlorates and nitri aCid~O PNP regulation while it can be acknowledged that the catch-all phrase rna prop rly be the subject of categorization of controlled chemicals a process tho~gh no provided by law may be allowed by the PNP to remove ambiguity over its reg~lation f the same

t

5 dkewise former Bureau of Customs Commissioner Guillermo Parayno and Ms Joy Dpve of E-Konek with the assistance of SEIPI through its president Mr Dan Lac ica ~Iready provided their presentation on how to go about with the Industryshypro osed lautomation of the PNP Licenses and Permits System however other rna ers 511 need to be threshed out such as Information System Documentation

S 0( Reference and Ownership and AdministrationMaintenance of the Infratlo~ System which can be properly covered via a Memorandum of Agreement

I 6 ~he timelines set by the mother TWG are as follows II I a January 25 - Submission of the draft PNP Memorandum Circular or

Implementing Rules and Regulations I b January 26 - Mother TWG meeting -- Submission of outputs of the Sub lWGs

I c Jan 27-28 -- Stakeholder consultations on the draft PNP Memorandum Circular or Implementing Rules and

j RegulationsI d Jan 29 - Feb 2 - Submission and incorporation of stakeholder inputs I e Feb 3-5 -- Signing of the PNP Memorandum Circular or i Implementing Rules and RegulationsI f Feb 5 -- Transmittal of the PNP Memorandum Circular or i Implementing Rules and Regulations to the UP law i Center

I g Feb 19 - Effectivity of the PNP Memorandum Circular or

implementing Rules and Regulations to the UP lawI I Center

I 7 +0 expedite correspondence among participants since the BOI-DTt accepted th1respohsibility of hosting the venue for all the meetings as well as serving as the se retariat email groups have been created and updates are sent via email However giv n thelenormous volume of documents and the sheer number of issues that must b6ieSOild the timelines set may not possibly meet the set deadlines (although the sel -mpo ed deadline of the PNP was supposedly last December 1 2015) Hence the un emig ed recommends in the higher Interest of quality policy formulation that the sa -impo~ed moratorium of December 9 2015 to February 9 2016 be extended to A 3012016 or until such time that tbe nil Q-shall have issued an Implementing Rules poundl~d Regulations governing explOsives explosives accessories explosive indredients and controlled chemicals It Is further recommended that the Implem3nting Rc4es an~ Regulations govemlng the same be Issued and signed by the Secretary DePartm~nt of the Interior and local Govemment

r 8 fn view of the above the Undersign requeats fOr the C PNP8 approval of para Z I

- p~ rt J

I I I I i i I I

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE

CIVIL SECURITY GROUP i i in y Il i middot 0 ic J I Camp Crame Quezon City I ~II E NJ)UM i i

FOR Director CSG

i i FROM Chief FEO ~

U6ECT Update on the actions taken pertaining to Ule PNP regulation of eXll lo ives eXJJlosives ace S ories explosive ingredients and controlled chemicals

i January 15 2016 i 1==~1~=====-======~-=--======~----------==-=~-====--=-----=

1 R~ferences

a PO No 1866 as amended by RA No 8294 and RA No 9516 and

b Various consultative meetings with industry stakeholdms and otheri government agancies I

Il 2 PIc~asG be informed that this Office represented the PNP in vari us iconultativ meetings on January 5 8 11 14 2015 with representative of stah tio lder organizations as well as representatives of various government ~ ay lIctOS 011 various dates and these meetings included officers from variouG st 1ltc1 lei r organizatians namely Samahan sa Pilipinas ng Industriyang Kimika i( PJI) Fertilizer Industry Association of the Philippines (FlAP) Philippine iA(~ c~ation of Chemical Suppliers Inc (PACSI) Semiconductar amp Electronic pndll tries in tile Philippines Faundation Inc (SEIPI) Association of lP0lrClcllemical Manufacturers of tile Phils (APMP) and from government ia~c c) namely Department of Trade anci Industry (OTI) Board of Investmants ( I) Department of the Interior and Local Government (DILG) Export IDe clopment Cauncil (EDC-DTI Bureau of Cusrams (BOC) and tl1e Philippine c n mic Zone Authority (PEZA) I

l 3 Forwarded is the update an the aforementioned meetings and the ifoll lIing refommendations I a In the higher interest of qu lity policy formulation the self-impo cd Imol 8i oriuITl of December 92015 to February 92016 be extended to April 30 2016 0 iuntil ~ Icll time ttlat tile DILG shall have issued an Implementing Rules and Regulation goll rning explosives explosives accessories explosive ingredients and controlledIcll0miC I I I) Til e Implementing Rules and Regulations governing the same b soued iHm irncd by tile Secretary Department of tl18 Interior and Local Government I

I

AI In view of the foregoing the undersigned requests for your approval lof ra above and for your signature on the attached memorandum for the

PNI

iller rmiddot) ~eonl) for Direclor CSG r9 ConsuilallV8 meeling on the Calegorizallon of PNP Conlrolled Chemicals

Republic of the Philippines National Commission

NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE LEGAL SERVICE

Camp Crame Quezon

CPNP

lS

Update on the Actions Taken Pertaining to the PNPs Regulation of Explosives Explosiyes Accessories Explosive Ingredients and Controlled Chemicals

CPNP Mgttutll N009156

+--DA-r-E__________ 111l1111I 11111111 N009156

cgtfrAnrQmiddot RS from OCPNP dated January 2015 appended to SG emorandum addressed to C PNP on above subject dated January 262016

1 This pertains to the instruction for this Office to study D CSGs com endations as follows

I I ~ a For the PNP approve extension of moratorium within

ich to formulate the RA No 9516 governing explosives explosives ccessories explosive ingredients and controlled chemicals from December 9I 015 to April 16 2016 and

b For C PNP to recommend SllGs signature on or of said RR once formulated

This Office concurs with the recommendations ofD ~ I a No 1866 is original codified law governing unlawful lmanufacture sale acquisition disposition or possession of explosives (Sections 4 and 6) The provision thereof providing for the rule making power of the hief of the Philippine Constabulary (now Chief PNP) been amended by PD

1878-A which H~lllIS~ I SECTION 1 Section 8 of Presidential Decree No 1866 is hereby amended to read as follows

IISEe 8 Rules and Regulations Subject to the approval of the Minister of National Defense the Chief of Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this decree

b When RA No 9516 amended PD 110 1866 insofar as explosives is concerned it inserted new provisions amending Sections 3 4 6 of PD No 1866 introduced new provisions now governing explosives accessories explosive ingredients and controlled chemicals However RA No

I does not contain any provision as to who will promulgate the IRR likewise Section 8 of No 1866 which earlier granted rule making power to the PNPIhas been amended by PO 1878-A subjecting the rule making power of thei CPNP to the approval of Minister of National Under prevailing laws it is the of the Interior and local Government as alter ego of the President who exercises supervision and control over within

I

b ~

I I i I

111lch states I

tmiddot_

Department of Interior and Local Government the Philippine National Police ir)g ono of t1lem Section 10 of RA 6975 provides

Section 10 Specific Powers and Functions of the Secretary - 111 addition to ilis powers alJd functions a ~

provided in Ex9cutive Order No 262 the Secretary Fl ~

D(3paliment head shall have the following powers and functions xxx

The foregoing provision must be taken in relation to Section 7 of EO 262

Sec 7 Secretary of Local Government The authority and responsibility in the exercise of the mandate of the Department and in tile discllarge of its powers and functions shall be vested in the

I jecretary of Local Government hereinafter referred to as the ecretary who shall Jave supervision and control of tileI i Department and WilD shall be appoiAted by tle President For f uclJ purposes the Secretary slJa hav tile following dllti ~ndpow9rsI I xxx

I I Exercise supelysiol and control over all office witl1if1 the I ~

apartment

I c It is a statutory principle that every grant of power right or rivilege ir de med to incluc e all incid ntal power right or ptivilege (Agpalo

3rdI lJ tAtutory Construction Ed p 125) This is tile doctrine of necessary 1 mplica(ion Where a general p wer is conferred xxx every par~icul r power J I cqmiddot -ary for its exercise xxx is al-o conferred (Agpalo p 130)

I d Thus the general rule mallting power statutorily granted to tile C PNP Iby PO No -1866 as amended by PO 1878-A subjecting such power to theI 8Pproval of the SILG necessarily includes the implied power to extend the tirneline within which to formulate the IRR especially since such extension is in i 1pursuit of the higher interest of quality policy formulation I

I r Respectfully submitted j I

_I RA _

i

I I

I I I I

fTmiddot I

weni beyopd the catch-aU phrase under Section 4 0 of RA No 9516 that such oth~r che~icals and accessories that can be used for the manufacture of explosives and explotive ingredients but also dlsturbedn controlled chemicals belonging to the tam ies (~J nitrates chlorates and nitric acid A familiar doctrine in statutory con tructiqn which that where the law does not distinguish neither should we me ns th~t Section 4 0 is clear and unequivocal subjecting nitrates chlorates and nitri aCid~O PNP regulation while it can be acknowledged that the catch-all phrase rna prop rly be the subject of categorization of controlled chemicals a process tho~gh no provided by law may be allowed by the PNP to remove ambiguity over its reg~lation f the same

t

5 dkewise former Bureau of Customs Commissioner Guillermo Parayno and Ms Joy Dpve of E-Konek with the assistance of SEIPI through its president Mr Dan Lac ica ~Iready provided their presentation on how to go about with the Industryshypro osed lautomation of the PNP Licenses and Permits System however other rna ers 511 need to be threshed out such as Information System Documentation

S 0( Reference and Ownership and AdministrationMaintenance of the Infratlo~ System which can be properly covered via a Memorandum of Agreement

I 6 ~he timelines set by the mother TWG are as follows II I a January 25 - Submission of the draft PNP Memorandum Circular or

Implementing Rules and Regulations I b January 26 - Mother TWG meeting -- Submission of outputs of the Sub lWGs

I c Jan 27-28 -- Stakeholder consultations on the draft PNP Memorandum Circular or Implementing Rules and

j RegulationsI d Jan 29 - Feb 2 - Submission and incorporation of stakeholder inputs I e Feb 3-5 -- Signing of the PNP Memorandum Circular or i Implementing Rules and RegulationsI f Feb 5 -- Transmittal of the PNP Memorandum Circular or i Implementing Rules and Regulations to the UP law i Center

I g Feb 19 - Effectivity of the PNP Memorandum Circular or

implementing Rules and Regulations to the UP lawI I Center

I 7 +0 expedite correspondence among participants since the BOI-DTt accepted th1respohsibility of hosting the venue for all the meetings as well as serving as the se retariat email groups have been created and updates are sent via email However giv n thelenormous volume of documents and the sheer number of issues that must b6ieSOild the timelines set may not possibly meet the set deadlines (although the sel -mpo ed deadline of the PNP was supposedly last December 1 2015) Hence the un emig ed recommends in the higher Interest of quality policy formulation that the sa -impo~ed moratorium of December 9 2015 to February 9 2016 be extended to A 3012016 or until such time that tbe nil Q-shall have issued an Implementing Rules poundl~d Regulations governing explOsives explosives accessories explosive indredients and controlled chemicals It Is further recommended that the Implem3nting Rc4es an~ Regulations govemlng the same be Issued and signed by the Secretary DePartm~nt of the Interior and local Govemment

r 8 fn view of the above the Undersign requeats fOr the C PNP8 approval of para Z I

- p~ rt J

I I I I i i I I

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE

CIVIL SECURITY GROUP i i in y Il i middot 0 ic J I Camp Crame Quezon City I ~II E NJ)UM i i

FOR Director CSG

i i FROM Chief FEO ~

U6ECT Update on the actions taken pertaining to Ule PNP regulation of eXll lo ives eXJJlosives ace S ories explosive ingredients and controlled chemicals

i January 15 2016 i 1==~1~=====-======~-=--======~----------==-=~-====--=-----=

1 R~ferences

a PO No 1866 as amended by RA No 8294 and RA No 9516 and

b Various consultative meetings with industry stakeholdms and otheri government agancies I

Il 2 PIc~asG be informed that this Office represented the PNP in vari us iconultativ meetings on January 5 8 11 14 2015 with representative of stah tio lder organizations as well as representatives of various government ~ ay lIctOS 011 various dates and these meetings included officers from variouG st 1ltc1 lei r organizatians namely Samahan sa Pilipinas ng Industriyang Kimika i( PJI) Fertilizer Industry Association of the Philippines (FlAP) Philippine iA(~ c~ation of Chemical Suppliers Inc (PACSI) Semiconductar amp Electronic pndll tries in tile Philippines Faundation Inc (SEIPI) Association of lP0lrClcllemical Manufacturers of tile Phils (APMP) and from government ia~c c) namely Department of Trade anci Industry (OTI) Board of Investmants ( I) Department of the Interior and Local Government (DILG) Export IDe clopment Cauncil (EDC-DTI Bureau of Cusrams (BOC) and tl1e Philippine c n mic Zone Authority (PEZA) I

l 3 Forwarded is the update an the aforementioned meetings and the ifoll lIing refommendations I a In the higher interest of qu lity policy formulation the self-impo cd Imol 8i oriuITl of December 92015 to February 92016 be extended to April 30 2016 0 iuntil ~ Icll time ttlat tile DILG shall have issued an Implementing Rules and Regulation goll rning explosives explosives accessories explosive ingredients and controlledIcll0miC I I I) Til e Implementing Rules and Regulations governing the same b soued iHm irncd by tile Secretary Department of tl18 Interior and Local Government I

I

AI In view of the foregoing the undersigned requests for your approval lof ra above and for your signature on the attached memorandum for the

PNI

iller rmiddot) ~eonl) for Direclor CSG r9 ConsuilallV8 meeling on the Calegorizallon of PNP Conlrolled Chemicals

Republic of the Philippines National Commission

NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE LEGAL SERVICE

Camp Crame Quezon

CPNP

lS

Update on the Actions Taken Pertaining to the PNPs Regulation of Explosives Explosiyes Accessories Explosive Ingredients and Controlled Chemicals

CPNP Mgttutll N009156

+--DA-r-E__________ 111l1111I 11111111 N009156

cgtfrAnrQmiddot RS from OCPNP dated January 2015 appended to SG emorandum addressed to C PNP on above subject dated January 262016

1 This pertains to the instruction for this Office to study D CSGs com endations as follows

I I ~ a For the PNP approve extension of moratorium within

ich to formulate the RA No 9516 governing explosives explosives ccessories explosive ingredients and controlled chemicals from December 9I 015 to April 16 2016 and

b For C PNP to recommend SllGs signature on or of said RR once formulated

This Office concurs with the recommendations ofD ~ I a No 1866 is original codified law governing unlawful lmanufacture sale acquisition disposition or possession of explosives (Sections 4 and 6) The provision thereof providing for the rule making power of the hief of the Philippine Constabulary (now Chief PNP) been amended by PD

1878-A which H~lllIS~ I SECTION 1 Section 8 of Presidential Decree No 1866 is hereby amended to read as follows

IISEe 8 Rules and Regulations Subject to the approval of the Minister of National Defense the Chief of Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this decree

b When RA No 9516 amended PD 110 1866 insofar as explosives is concerned it inserted new provisions amending Sections 3 4 6 of PD No 1866 introduced new provisions now governing explosives accessories explosive ingredients and controlled chemicals However RA No

I does not contain any provision as to who will promulgate the IRR likewise Section 8 of No 1866 which earlier granted rule making power to the PNPIhas been amended by PO 1878-A subjecting the rule making power of thei CPNP to the approval of Minister of National Under prevailing laws it is the of the Interior and local Government as alter ego of the President who exercises supervision and control over within

I

b ~

I I i I

111lch states I

tmiddot_

Department of Interior and Local Government the Philippine National Police ir)g ono of t1lem Section 10 of RA 6975 provides

Section 10 Specific Powers and Functions of the Secretary - 111 addition to ilis powers alJd functions a ~

provided in Ex9cutive Order No 262 the Secretary Fl ~

D(3paliment head shall have the following powers and functions xxx

The foregoing provision must be taken in relation to Section 7 of EO 262

Sec 7 Secretary of Local Government The authority and responsibility in the exercise of the mandate of the Department and in tile discllarge of its powers and functions shall be vested in the

I jecretary of Local Government hereinafter referred to as the ecretary who shall Jave supervision and control of tileI i Department and WilD shall be appoiAted by tle President For f uclJ purposes the Secretary slJa hav tile following dllti ~ndpow9rsI I xxx

I I Exercise supelysiol and control over all office witl1if1 the I ~

apartment

I c It is a statutory principle that every grant of power right or rivilege ir de med to incluc e all incid ntal power right or ptivilege (Agpalo

3rdI lJ tAtutory Construction Ed p 125) This is tile doctrine of necessary 1 mplica(ion Where a general p wer is conferred xxx every par~icul r power J I cqmiddot -ary for its exercise xxx is al-o conferred (Agpalo p 130)

I d Thus the general rule mallting power statutorily granted to tile C PNP Iby PO No -1866 as amended by PO 1878-A subjecting such power to theI 8Pproval of the SILG necessarily includes the implied power to extend the tirneline within which to formulate the IRR especially since such extension is in i 1pursuit of the higher interest of quality policy formulation I

I r Respectfully submitted j I

_I RA _

i

I I

I I I I

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE

CIVIL SECURITY GROUP i i in y Il i middot 0 ic J I Camp Crame Quezon City I ~II E NJ)UM i i

FOR Director CSG

i i FROM Chief FEO ~

U6ECT Update on the actions taken pertaining to Ule PNP regulation of eXll lo ives eXJJlosives ace S ories explosive ingredients and controlled chemicals

i January 15 2016 i 1==~1~=====-======~-=--======~----------==-=~-====--=-----=

1 R~ferences

a PO No 1866 as amended by RA No 8294 and RA No 9516 and

b Various consultative meetings with industry stakeholdms and otheri government agancies I

Il 2 PIc~asG be informed that this Office represented the PNP in vari us iconultativ meetings on January 5 8 11 14 2015 with representative of stah tio lder organizations as well as representatives of various government ~ ay lIctOS 011 various dates and these meetings included officers from variouG st 1ltc1 lei r organizatians namely Samahan sa Pilipinas ng Industriyang Kimika i( PJI) Fertilizer Industry Association of the Philippines (FlAP) Philippine iA(~ c~ation of Chemical Suppliers Inc (PACSI) Semiconductar amp Electronic pndll tries in tile Philippines Faundation Inc (SEIPI) Association of lP0lrClcllemical Manufacturers of tile Phils (APMP) and from government ia~c c) namely Department of Trade anci Industry (OTI) Board of Investmants ( I) Department of the Interior and Local Government (DILG) Export IDe clopment Cauncil (EDC-DTI Bureau of Cusrams (BOC) and tl1e Philippine c n mic Zone Authority (PEZA) I

l 3 Forwarded is the update an the aforementioned meetings and the ifoll lIing refommendations I a In the higher interest of qu lity policy formulation the self-impo cd Imol 8i oriuITl of December 92015 to February 92016 be extended to April 30 2016 0 iuntil ~ Icll time ttlat tile DILG shall have issued an Implementing Rules and Regulation goll rning explosives explosives accessories explosive ingredients and controlledIcll0miC I I I) Til e Implementing Rules and Regulations governing the same b soued iHm irncd by tile Secretary Department of tl18 Interior and Local Government I

I

AI In view of the foregoing the undersigned requests for your approval lof ra above and for your signature on the attached memorandum for the

PNI

iller rmiddot) ~eonl) for Direclor CSG r9 ConsuilallV8 meeling on the Calegorizallon of PNP Conlrolled Chemicals

Republic of the Philippines National Commission

NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE LEGAL SERVICE

Camp Crame Quezon

CPNP

lS

Update on the Actions Taken Pertaining to the PNPs Regulation of Explosives Explosiyes Accessories Explosive Ingredients and Controlled Chemicals

CPNP Mgttutll N009156

+--DA-r-E__________ 111l1111I 11111111 N009156

cgtfrAnrQmiddot RS from OCPNP dated January 2015 appended to SG emorandum addressed to C PNP on above subject dated January 262016

1 This pertains to the instruction for this Office to study D CSGs com endations as follows

I I ~ a For the PNP approve extension of moratorium within

ich to formulate the RA No 9516 governing explosives explosives ccessories explosive ingredients and controlled chemicals from December 9I 015 to April 16 2016 and

b For C PNP to recommend SllGs signature on or of said RR once formulated

This Office concurs with the recommendations ofD ~ I a No 1866 is original codified law governing unlawful lmanufacture sale acquisition disposition or possession of explosives (Sections 4 and 6) The provision thereof providing for the rule making power of the hief of the Philippine Constabulary (now Chief PNP) been amended by PD

1878-A which H~lllIS~ I SECTION 1 Section 8 of Presidential Decree No 1866 is hereby amended to read as follows

IISEe 8 Rules and Regulations Subject to the approval of the Minister of National Defense the Chief of Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this decree

b When RA No 9516 amended PD 110 1866 insofar as explosives is concerned it inserted new provisions amending Sections 3 4 6 of PD No 1866 introduced new provisions now governing explosives accessories explosive ingredients and controlled chemicals However RA No

I does not contain any provision as to who will promulgate the IRR likewise Section 8 of No 1866 which earlier granted rule making power to the PNPIhas been amended by PO 1878-A subjecting the rule making power of thei CPNP to the approval of Minister of National Under prevailing laws it is the of the Interior and local Government as alter ego of the President who exercises supervision and control over within

I

b ~

I I i I

111lch states I

tmiddot_

Department of Interior and Local Government the Philippine National Police ir)g ono of t1lem Section 10 of RA 6975 provides

Section 10 Specific Powers and Functions of the Secretary - 111 addition to ilis powers alJd functions a ~

provided in Ex9cutive Order No 262 the Secretary Fl ~

D(3paliment head shall have the following powers and functions xxx

The foregoing provision must be taken in relation to Section 7 of EO 262

Sec 7 Secretary of Local Government The authority and responsibility in the exercise of the mandate of the Department and in tile discllarge of its powers and functions shall be vested in the

I jecretary of Local Government hereinafter referred to as the ecretary who shall Jave supervision and control of tileI i Department and WilD shall be appoiAted by tle President For f uclJ purposes the Secretary slJa hav tile following dllti ~ndpow9rsI I xxx

I I Exercise supelysiol and control over all office witl1if1 the I ~

apartment

I c It is a statutory principle that every grant of power right or rivilege ir de med to incluc e all incid ntal power right or ptivilege (Agpalo

3rdI lJ tAtutory Construction Ed p 125) This is tile doctrine of necessary 1 mplica(ion Where a general p wer is conferred xxx every par~icul r power J I cqmiddot -ary for its exercise xxx is al-o conferred (Agpalo p 130)

I d Thus the general rule mallting power statutorily granted to tile C PNP Iby PO No -1866 as amended by PO 1878-A subjecting such power to theI 8Pproval of the SILG necessarily includes the implied power to extend the tirneline within which to formulate the IRR especially since such extension is in i 1pursuit of the higher interest of quality policy formulation I

I r Respectfully submitted j I

_I RA _

i

I I

I I I I

Republic of the Philippines National Commission

NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE LEGAL SERVICE

Camp Crame Quezon

CPNP

lS

Update on the Actions Taken Pertaining to the PNPs Regulation of Explosives Explosiyes Accessories Explosive Ingredients and Controlled Chemicals

CPNP Mgttutll N009156

+--DA-r-E__________ 111l1111I 11111111 N009156

cgtfrAnrQmiddot RS from OCPNP dated January 2015 appended to SG emorandum addressed to C PNP on above subject dated January 262016

1 This pertains to the instruction for this Office to study D CSGs com endations as follows

I I ~ a For the PNP approve extension of moratorium within

ich to formulate the RA No 9516 governing explosives explosives ccessories explosive ingredients and controlled chemicals from December 9I 015 to April 16 2016 and

b For C PNP to recommend SllGs signature on or of said RR once formulated

This Office concurs with the recommendations ofD ~ I a No 1866 is original codified law governing unlawful lmanufacture sale acquisition disposition or possession of explosives (Sections 4 and 6) The provision thereof providing for the rule making power of the hief of the Philippine Constabulary (now Chief PNP) been amended by PD

1878-A which H~lllIS~ I SECTION 1 Section 8 of Presidential Decree No 1866 is hereby amended to read as follows

IISEe 8 Rules and Regulations Subject to the approval of the Minister of National Defense the Chief of Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this decree

b When RA No 9516 amended PD 110 1866 insofar as explosives is concerned it inserted new provisions amending Sections 3 4 6 of PD No 1866 introduced new provisions now governing explosives accessories explosive ingredients and controlled chemicals However RA No

I does not contain any provision as to who will promulgate the IRR likewise Section 8 of No 1866 which earlier granted rule making power to the PNPIhas been amended by PO 1878-A subjecting the rule making power of thei CPNP to the approval of Minister of National Under prevailing laws it is the of the Interior and local Government as alter ego of the President who exercises supervision and control over within

I

b ~

I I i I

111lch states I

tmiddot_

Department of Interior and Local Government the Philippine National Police ir)g ono of t1lem Section 10 of RA 6975 provides

Section 10 Specific Powers and Functions of the Secretary - 111 addition to ilis powers alJd functions a ~

provided in Ex9cutive Order No 262 the Secretary Fl ~

D(3paliment head shall have the following powers and functions xxx

The foregoing provision must be taken in relation to Section 7 of EO 262

Sec 7 Secretary of Local Government The authority and responsibility in the exercise of the mandate of the Department and in tile discllarge of its powers and functions shall be vested in the

I jecretary of Local Government hereinafter referred to as the ecretary who shall Jave supervision and control of tileI i Department and WilD shall be appoiAted by tle President For f uclJ purposes the Secretary slJa hav tile following dllti ~ndpow9rsI I xxx

I I Exercise supelysiol and control over all office witl1if1 the I ~

apartment

I c It is a statutory principle that every grant of power right or rivilege ir de med to incluc e all incid ntal power right or ptivilege (Agpalo

3rdI lJ tAtutory Construction Ed p 125) This is tile doctrine of necessary 1 mplica(ion Where a general p wer is conferred xxx every par~icul r power J I cqmiddot -ary for its exercise xxx is al-o conferred (Agpalo p 130)

I d Thus the general rule mallting power statutorily granted to tile C PNP Iby PO No -1866 as amended by PO 1878-A subjecting such power to theI 8Pproval of the SILG necessarily includes the implied power to extend the tirneline within which to formulate the IRR especially since such extension is in i 1pursuit of the higher interest of quality policy formulation I

I r Respectfully submitted j I

_I RA _

i

I I

I I I I

I

b ~

I I i I

111lch states I

tmiddot_

Department of Interior and Local Government the Philippine National Police ir)g ono of t1lem Section 10 of RA 6975 provides

Section 10 Specific Powers and Functions of the Secretary - 111 addition to ilis powers alJd functions a ~

provided in Ex9cutive Order No 262 the Secretary Fl ~

D(3paliment head shall have the following powers and functions xxx

The foregoing provision must be taken in relation to Section 7 of EO 262

Sec 7 Secretary of Local Government The authority and responsibility in the exercise of the mandate of the Department and in tile discllarge of its powers and functions shall be vested in the

I jecretary of Local Government hereinafter referred to as the ecretary who shall Jave supervision and control of tileI i Department and WilD shall be appoiAted by tle President For f uclJ purposes the Secretary slJa hav tile following dllti ~ndpow9rsI I xxx

I I Exercise supelysiol and control over all office witl1if1 the I ~

apartment

I c It is a statutory principle that every grant of power right or rivilege ir de med to incluc e all incid ntal power right or ptivilege (Agpalo

3rdI lJ tAtutory Construction Ed p 125) This is tile doctrine of necessary 1 mplica(ion Where a general p wer is conferred xxx every par~icul r power J I cqmiddot -ary for its exercise xxx is al-o conferred (Agpalo p 130)

I d Thus the general rule mallting power statutorily granted to tile C PNP Iby PO No -1866 as amended by PO 1878-A subjecting such power to theI 8Pproval of the SILG necessarily includes the implied power to extend the tirneline within which to formulate the IRR especially since such extension is in i 1pursuit of the higher interest of quality policy formulation I

I r Respectfully submitted j I

_I RA _

i

I I

I I I I