QuestionsQuestions (NPC MEMORANDUM CIRCULAR NO. 2002-004, APRIL 12, 2002)
It is based on Section 64 of RA 8551, which deputizes governors and mayors as representatives of the National Police Commission (NAPOLCOM) in their respective areas of responsibility.
They must immediately stop and eradicate jueteng and other illegal gambling, prepare an operational plan for implementation by the PNP (copy furnished to DILG, NAPOLCOM, and PNP), and pursue criminal prosecution of violators of PD 1602 and other related anti-gambling laws.
Section 51(b)(4) of RA 6975 (as amended) provides that control and supervision of anti-gambling operations are within the jurisdiction of local government executives, while Section 14(a)(11) provides that NAPOLCOM shall monitor the performance of local chief executives as deputies of the Commission.
RA 7160 (Local Government Code) enjoins governors and mayors to enforce all laws and ordinances relative to governance of their localities, including PD 1602.
They may be held administratively liable for dereliction of duty under Section 60(c) of RA 7160.
No. It is stated that administrative liability is without prejudice to withdrawal of deputation under Section 52 of RA 6975 (as implemented by NAPOLCOM Memorandum Circular No. 2001-03) and also to criminal prosecution under the Revised Penal Code, RA 3019, and RA 6713.
Before the Office of the Ombudsman.
It provides that certain situations automatically allow an inference (prima facie) that an LCE had knowledge and failed/refused to stop or eradicate illegal gambling.
When three (3) or more separate raids/operations in a province/city/municipality, without participation of the LCE (directly or indirectly), lead to arrest of violators of PD 1602 and/or confiscation of gambling paraphernalia/cotejo/bets.
When jueteng/illegal gambling is public knowledge such that an unprejudiced mind would believe the governor or mayor is abetting or tolerating it.
When the LCE fails/refuses to cooperate or provide necessary assistance to police operatives, or intercedes for the release of apprehended violators and/or gambling paraphernalia/bets.
If for two (2) or more months, jueteng/illegal gambling exists and the LCEs failed to stop it, based on the RMMT monitoring report.
When two (2) or more such individuals execute affidavits/sworn statements attesting to illegal gambling and attach/enclose items or documents such as bulilyo, lastilyas, or cotejo.
No. Even if they issue written or verbal orders to stop, they are not exculpated from criminal or administrative liability if any listed prima facie circumstances exists or occurs.
It cites Juan Coronado v. Sandiganbayan (G.R. No. 94955, Aug. 18, 1993), defining neglect of duty as failure to observe due diligence—failure to do what can be done and what is required to be done.
The RMMT on Anti-Gambling created under Department Order No. 2001-102 (as amended by 2001-590), guided by NAPOLCOM Office Order No. 2001-015.
It takes effect fifteen (15) days from date of publication in a newspaper of general circulation, and a copy must be filed with the UP Law Center in consonance with the Administrative Code of 1987.
Criminal prosecution may be under Article 208 of the Revised Penal Code, RA 3019 (Anti-Graft and Corrupt Practices Act), and RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).