Question & AnswerQ&A (NAPOLCOM MEMORANDUM CIRCULAR NO. 2003-005)
The memorandum directs the Philippine National Police (PNP) to undertake an intensified and unrelenting campaign and operation against bank robbery.
The principle of Command Responsibility is emphasized, where commanders are held accountable for crimes committed by their subordinates if they fail to take preventive or corrective action.
Neglect of duty occurs when a government official or law enforcement officer has knowledge that a crime has been or will be committed by subordinates within their area but fails to take preventive or corrective measures before, during, or immediately after the commission.
A PNP official is presumed to have knowledge of irregularities or criminal offenses if such acts are widespread, repeatedly committed, or if immediate staff are involved within their area of responsibility.
The Regional Director has command responsibility over District Directors and the Regional Mobile Group in NCR. Presumption of negligence arises if two or more districts have six or more unsolved bank robbery incidents each per quarter.
The officer shall be relieved from assignment, undergo a pre-charge investigation within ten days, and if probable cause is found, be placed under preventive suspension pending formal investigation.
They shall be subjected to administrative proceedings for Serious Neglect of Duty and, if found guilty, penalized according to the penalty schedule under Memorandum Circular No. 93-024.
They shall be administratively charged under RA 6975 as amended by RA 8551, face dismissal from service if warranted, and may also face criminal prosecution under the Revised Penal Code or Special Laws.
It calls for community support through information and educational campaigns and the organization of community-based anti-crime fronts or movements to assist in the campaign.
The Commission shall assess a PNP officer's performance in the campaign against bank robbery before recommending or approving promotion in rank or assignment.