Question & AnswerQ&A (NAPOLCOM MEMORANDUM CIRCULAR NO. 2003-006)
The main directive of NAPOLCOM Memorandum Circular No. 2003-006 is to direct the Philippine National Police (PNP) to undertake an intensified and unrelenting campaign and operation against carnapping.
Carnapping is understood to mean the 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.
A motor vehicle is defined as any vehicle propelled by any power other than muscular power using public highways, excluding road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, cranes if not used on public highways, vehicles running only on rails or tracks, and tractors, trailers, and traction engines used exclusively for agricultural purposes.
The principle of Command Responsibility holds that any government official or PNP commander is presumed to have knowledge of crimes committed by their subordinates within their area of responsibility and can be held accountable if they fail to take preventive or corrective action before, during, or immediately after the commission of the crime.
A presumption of knowledge arises when irregularities or illegal acts are widespread, repeatedly or regularly committed within the area of responsibility, or when members of the official’s immediate staff are involved.
There is a presumption of negligence if two or more districts in the area of responsibility have 18 or more unsolved carnapping incidents each per quarter.
They shall be relieved from their assignments, undergo a pre-charge investigation within ten days, and if probable cause is found, be placed under preventive suspension pending formal investigation and possibly charged administratively and criminally.
They receive appropriate recognition from superiors, which will be considered in their application for promotion.
It modifies or repeals any existing NAPOLCOM issuances or portions thereof that are contrary or inconsistent with its provisions.