Question & AnswerQ&A (NPC MEMORANDUM CIRCULAR NO. 2002-004, APRIL 12, 2002)
The purpose is to define and prescribe the duties and responsibilities of Provincial Governors and City/Municipal Mayors as deputies of the National Police Commission (Napolcom) in the campaign against jueteng and other illegal gambling activities in their respective areas.
Section 64 of RA No. 8551 mandates that Governors and Mayors are automatically deputized as representatives of the Napolcom in their respective areas, empowered to oversee public safety and anti-gambling law enforcement. Section 51(b)(4) and Section 14(a)(11) of RA No. 6975, as amended, provide for the supervision of anti-gambling operations and monitoring of local chief executives by Napolcom, while RA No. 7160 (Local Government Code of 1991) enjoins local executives to enforce laws including PD No. 1602.
Presidential Decree No. 1602, which prescribes stiffer penalties on illegal gambling activities.
They are the prime movers in the campaign, must prepare operational plans for implementation by police, pursue criminal prosecution of violators, and use their power of control and supervision over PNP anti-gambling operations within their areas to stop and eradicate illegal gambling.
They may be administratively liable for dereliction of duty under Section 60(c) of RA No. 7160, face withdrawal of their deputation under Section 52 of RA No. 6975, and criminal prosecution under Article 208 of the Revised Penal Code, RA 3019 (Anti-Graft and Corrupt Practices Act), and RA No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). Complaints shall be lodged before the Office of the Ombudsman.
When there are three or more separate police raids without their involvement; when illegal gambling is public knowledge suggesting tolerance or abetment; when the LCE refuses to cooperate with police or intercedes for violators; when monitoring reports show illegal gambling exists for two or more months without stoppage; or when affidavits by reputable individuals attest to illegal gambling activity.
No. Whether written or verbal, such orders do not exculpate local chief executives from criminal or administrative liability if any of the prima facie circumstances exist.
The Regional Multi-Sectoral Monitoring Team (RMMT) on Anti-Gambling, created under Department Order No. 2001-102 and amended by 2001-590, as the Office of Primary Responsibility, guided by Napolcom Office Order No. 2001-015.
Neglect of Duty is defined as failure of a public officer to observe due diligence in assigned tasks; broadly, the failure to do what can and should be done.
The circular takes effect fifteen (15) days from the date of publication in a newspaper of general circulation, and a copy is filed with the UP Law Center as mandated by the Administrative Code of 1987.