MEMORANDUM ORDER No. 77             October 1, 2002

DIRECTING THE NATIONAL POLICE COMMISSION TO EMPOWER THE MAYORS OF ALL THE CITIES AND MUNICIPALITIES IN THE NATIONAL CAPITAL REGION TO EFFECTIVELY CARRY OUT THEIR RESPONSIBILITY OF MAINTAINING PEACE AND ORDER IN THEIR RESPECTIVE TERRITORIAL JURISDICTIONS

WHEREAS, pursuant to Section 16 of the Local Government Code of 1991 (Republic Act [R.A. No. 7160), as amended, local government units shall ensure and support, among other things, the maintenance of peace and order within their respective territorial jurisdictions;

WHEREAS, pursuant to Section 51, Chapter III-D of the Department of the Interior and Local Government Act of 1990 (R.A. No. 6975), as amended by the Philippine National Police Reform and Reorganization Act of 1998 (R.A. NO. 8551), city and municipal mayors exercise operational supervision and control over units of the Philippine National Police (PNP) in their respective territorial jurisdictions except during the thirty (30) day period immediately preceding and the thirty (30) days following any national, local and barangay elections;lawphil.net

WHEREAS, by virtue of Section 14 of R.A. No. 6975, as amended, the National Police Commission exercises administrative control and operational supervision over the PNP;

WHEREAS, the National Capital Region, which consists of thirteen (13) cities and four (4) municipalities and is the place of residence of approximately ten million people, is uniquely situated in terms of law enforcement;

WHEREAS, there is a need to institute mechanisms which will ensure and support the performance by the mayors of the cities and municipalities in the National Capital Region of their functions relative to the maintenance of peace and order and to the exercise of operational supervision and control over the units of the PNP within their respective territorial jurisdictions.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, hereby direct the National Police Commission (NAPOLCOM) to ensure that:

a. The mayors of the Cities and municipalities in the National Capital Region shall exercise operational supervision and control over the units of the PNP within their respective territorial jurisdictions except during the thirty (30) day period immediately preceding and the thirty (30) days following any national, local and barangay elections;

b. All decisions of the cities and municipalities in the NCR as promulgated through their People's Law Enforcement Boards in administrative disciplinary cases shall be immediately executory; Provided, however, That a decision which involves demotion or dismissal from the service may be appealed with the regional appellate board within ten (10) days from receipt of the copy of the decision: Provided, further, That the pendency of such an appeal shall not prevent a decision imposing the penalty of demotion or dismissal from the service from becoming immediately executory: Provided, finally, That in the event the appeal results in an exoneration, the respondent shall be entitled to reinstatement and to prompt payment of salary, allowances and other benefits withheld from him by reason of his demotion or dismissal;

c. Pursuant to R.A. No. 6975, as amended, the mayors of the cities and municipalities in the NCR shall choose the chiefs of police, station commanders or district directors, respectively from lists of qualified and eligible officers recommended by the district director or the National Capital Region Police Office (NCRPO) Director, preferably from the same city or municipality. The mayors may recommend to the district director or NCRPO Director, respectively, an eligible, who may be included in the list of eligibles; and

d. The mayors of the cities and municipalities in the NCR shall be given prior notice of the transfer, recall, reassignment or detail of PNP members under their operational supervision and control.

The NAPOLCOM shall adopt such resolutions as may be necessary to carry out this Memorandum Order.

This Memorandum Order shall take effect immediately upon approval.

City of Manila, October 1, 2002.

By the President:

Sgd.

GORIA MACAPAGAL-ARROYO
President

Sgd.

ALBERTO G. ROMULO
Executive Secretary


The Lawphil Project - Arellano Law Foundation