QuestionsQuestions (NAPOLCOM MEMORANDUM CIRCULAR NO. 2003-006)
It directs strict application of the Doctrine of Command Responsibility as institutionalized in Executive Order (EO) No. 226 (Feb. 17, 1995), which provides for liability of commanders/supervisors who had knowledge of offenses by subordinates and failed to take preventive or corrective action.
When the official has knowledge that a crime/offense is being committed or has been committed by subordinates or others within his area of responsibility, and despite such knowledge, did not take preventive or corrective action before, during, or immediately after the commission.
(a) Irregularities/illegal acts are widespread within the area of jurisdiction; (b) the irregularities/illegal acts have been repeatedly or regularly committed within the area of responsibility; and (c) members of the immediate staff/office personnel are involved.
It lists thresholds of “unsolved incidents of carnapping per quarter” in various jurisdictions; when certain minimum numbers are reached in multiple subordinate units within an AOR, a presumption of negligence arises for the particular commander (e.g., RD NCRPO, District Director, City/Municipal Chief of Police, PCP/Sub-station Commander, and others).
It means taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things.
Motor vehicle is any vehicle propelled by any power other than muscular power using public highways, except specified vehicles such as road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, rail-only vehicles, and tractors/trailers/traction engines used exclusively for agricultural purposes; trailers with wheels intended to be propelled by attachment to a motor vehicle are classified as separate motor vehicles.
It requires increased foot and mobile patrols in such areas and, when necessary, establishment of control points to deter carnapping.
It mandates that law enforcement officers be “way ahead” in gathering information—monitoring criminals’ movements and activities—and includes creating/maintaining a database for every specific crime such as carnapping.
It requires developing community support and involvement, initiating information and educational campaigns, and organizing community-based anti-crime fronts, movements, or associations.
If any officer fails to exercise command responsibility to the standard set forth, the officer (and his counterpart from the Traffic Management Group) may be relieved from assignment; a pre-charge investigation must be conducted and terminated within ten (10) days, with preventive suspension upon finding of probable cause, in accordance with relevant NAPOLCOM memoranda.
PNP personnel charged as principal/accomplice/accessory in the crime of carnapping shall be administratively charged under RA 6975 (as amended by RA 8551), with the penalty of dismissal from service if evidence so warrants, without prejudice to criminal prosecution under the Revised Penal Code and/or special laws.
They shall receive appropriate recognition from their superior, which will be duly noted and considered in their application for promotion.
NAPOLCOM policy requires assessing and evaluating the performance of the recommendee in the anti-carnapping campaign before recommending or approving promotion (both in rank and assignment).
The PNP is directed to create and maintain a database for every specific crime such as carnapping to support monitoring, intelligence, and operational planning.
It takes effect fifteen (15) days from date of publication in a newspaper of general circulation and upon filing of a copy with the UP Law Center, consistent with the Administrative Code of 1987.