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.

THANK YOU AND GOOD DAY!