(NAR) VOL. 14 NOS. 1-2 / JANUARY - MARCH 2003
WHEREAS, on the same occasion, the President announced her policy on the principle of Command Responsibility with the statement that "You have seen political will in the harsh interpretation of command responsibility with regard to illegal gambling. That draconian application was a dress rehearsal for enforcing command responsibility in the even more difficult challenges of kidnapping, drug-dealing and smuggling";
WHEREAS, the continuing assault on the rights of citizenry, occasioned by the unabated commission of crimes with impunity, particularly in the commercial and urban destruction of properties but has severely affected development and prosperity, and at the same time, has undermined the people’s faith in the government and the latter’s ability to maintain peace and order in the country.
WHEREAS, the Philippine National Police, being the premier law enforcement agency of the government, is mandated, among others, to "Enforce all laws and ordinances relative to the protection of lives and properties" and to "Maintain peace and order and take all necessary steps to ensure public safety";
NOW, THEREFORE, the Commission, in the exercise of its administration and control functions over the Philippine National Police has resolved to direct, as it hereby directs, the PNP leadership from the Chief PNP to the lowest officer or unit commander, to undertake an intensified and relentless campaign and operation against carnapping and accordingly prescribes the following rules and policies:
"Section 1. Neglect of Duty Under the Doctrine of Command Responsibility. Any government official or supervisor or officer of the Philippine National Police or that any other law under the doctrine of "Command Responsibility" if he has knowledge that a crime or offense shall be committed, is being committed or has been committed by his subordinates or by others within his area of responsibility and despite such knowledge, he did not take preventive or corrective action either before, during or immediately after its commission.Section 2. Presumption of Knowledge. A government official or supervisor, or PNP Commander, is presumed to have knowledge of the commission of irregularities or criminal offense in any of the following circumstances:
a. When the irregularities or illegal acts are widespread within his area of jurisdiction;
b. When the irregularities or illegal acts have been repeatedly or regularly committed within his area of responsibility; and
c. When members of his immediate staff or office personnel are involved."
a. Command Responsibility of the PNP Regional Director of the National Capital Region Police Office.The Regional Director (RD) of the National Capital Regional Police Office (NCRPO) shall have command responsibility over the District Directors and the Commanders of the Regional Mobile Group in his jurisdiction.
There shall be a presumption of negligence on the part of the Regional Director when two (2) or more of the Districts in his AOR have been determined to have eighteen (18) or more unsolved incidents of carnapping each per quarter.
b. Command Responsibility of the PNP NCR District Director
The District Director shall have command responsibility over the Chiefs of Police or Station Commanders of Numbered Stations of NCR Police Stations under his area of responsibility.
There shall be a presumption of negligence on the part of the District Director when two (2) or more Police Stations within his AOR have been determined to have six (6) or more unsolved incidents of carnapping each per quarter. c. Command Responsibility of the Chief of Police of NCR City/Municipal Police Station or Commander of Numbered Station.
The Chief of Police of the City/Municipality or Station Commander of NCRPO shall exercise command responsibility over the commanders of the Sub-Stations/PCPs in his area of responsibility.
There shall be a presumption of negligence on the part of the Chief of Police or Station Commander when two (2) or more of his Sub-station/Police Community Precinct within his AOR have been determined to have three (3) or more unsolved incidents of carnapping each per quarter.
d. Command Responsibility of the Police Community Precinct or Sub-Station Commander
The Police Community Precinct or Sub-Station Commander shall exercise command responsibility over Police Community Precinct or Sub-Station members. There shall be a presumption of negligence on the part of the Police Community Precinct or Sub-Station Commander when his AOR has been determined to have three (3) or more unsolved incidents of carnapping per quarter.
e. Command Responsibility of the other PNP Regional Directors.
Police Regional Directors shall have command responsibility over the Provincial/City Directors and the Commanders of the Regional Mobile Groups in their respective jurisdiction.
There shall be a presumption of negligence on the part of the Regional Director when two (2) or more provinces or Highly Urbanized Cities in his AOR have been determined to twelve (12) or more unsolved incidents of carnapping each per quarter.
f. Command Responsibility of the PNP Provincial Director and City Director of Highly Urbanized City
The PNP Provincial Director or City Director shall exercise command responsibility over the Chiefs of Police or Station Commanders of Police Stations in his area of responsibility.
There shall be a presumption of negligence on the part of the Provincial or City Director when two (2) or more Police Stations within his AOR have been determined to have four (4) or more unsolved incidents of carnapping each per quarter.
g. Command Responsibility of the Chief of Police of a Component City or Municipal Police Station
The Chief of Police of the City or Police Stations shall exercise command responsibility over commanders of the Sub-Stations or Police Community Precincts in his area of responsibility.
There shall be a presumption of negligence on the part of the Chief of Police of a Police Station when his AOR has been determined to have three (3) or more unsolved incidents of carnapping each per quarter.
h. Command Responsibility of the Police Community Precinct (PCP)/Sub-Station Commander
The Police Community Precinct or Subs-Station Commander shall have command responsibility over Police Community Precinct or Sub-Station members.
There shall be presumption of negligence on the part of the Police Community Precinct Commander or Sub-Station Commander when his AOR has been determined to have two (2) or more unsolved incidents of carnapping per quarter.
Corrolarily, motor vehicle shall be understood to mean as any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating. [1]
GENERAL PROVISION
This Memorandum Circular shall take effect fifteen (15) days from date of publication in a newspaper of general circulation and a copy of the same filed with the UP Law Center in consonance with the Administrative Code of 1987.
Adopted: 06 March 2003
(SGD.) JOSE D. LINA, JR.
Chairperson (SGD.) LINDA L. MALENAB-HORNILLA
Commissioner
Officer-In-Charge (SGD.) HERMOGENES E. EBDANE, JR.
Commissioner (SGD.) CELIA V. SANIDAD-LEONES
Commissioner Attested by: (SGD.) ADELMALYN A. MUNIEZA
Acting Chief, Secretariat