QuestionsQuestions (BAI ADMINISTRATIVE ORDER NO. 41, S. 2000)
The mayor exercises operational supervision and control over PNP units in the jurisdiction, but not during the 30-day period immediately preceding and the 30 days following any national, local, or barangay election, when control is under the Commission on Elections. “Operational supervision and control” means the power to direct, superintend, and oversee day-to-day functions of police investigation of crime, crime prevention activities, and traffic control in accordance with Napolcom rules.
It is the authority to direct, superintend, and oversee the day-to-day functions of police investigation of crime, crime prevention activities, and traffic control, consistent with rules and regulations promulgated by the Commission.
Because during the 30-day period immediately before and the 30 days after elections, the local police forces are placed under the supervision and control of the Commission on Elections.
The mayor may impose, after due notice and summary hearings, disciplinary penalties for minor offenses committed by PNP members assigned in the jurisdiction, within the penalty limits and procedures provided under R.A. No. 8551 and Napolcom memoranda (e.g., jurisdiction depending on the length/extent of suspension/forfeiture or restriction).
If the alleged offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary not less than 16 days but not exceeding 30 days, the mayor has jurisdiction. If the penalty is higher than 30 days forfeiture of salary or suspension, the complaint must be referred to the PLEB.
The respondent is informed and given the complaint copy with 48 hours to answer in writing; the respondent may elect summary investigation. If not, the mayor decides immediately based on evidence. If summary, investigation is within 24 hours after the answer, allowing witness presentation and cross-examination; testimony in affidavit form is required and direct examination is dispensed with. Postponement is discouraged. The investigation must be completed within 72 hours and decision rendered within 24 hours after, with required contents in the written decision.
If established by convincing evidence during the hearing that the respondent is harassing, intimidating, coercing, or unduly influencing complainants or witnesses into withdrawing/retracting, the mayor may recommend preventive suspension for not exceeding 10 days.
It requires specific steps: the provincial/district director submits 5 qualified eligibles (with PIFs) to Napolcom Regional Director for confirmation; Napolcom returns the list for immediate transmittal; the mayor evaluates and selects in writing within 5 working days; if the mayor fails, the mayor must return the list with reasons, request a replacement list, recommend an OIC for not more than 30 days, and elevate unresolved conflicts to Napolcom Regional Director for resolution within 5 days.
The mayor must return the list with reasons within 5 working days, require submission of a replacement list within 5 days, recommend an OIC not exceeding 30 days. If still no selection from the replacement list, the mayor or provincial/district director elevates to the Napolcom Regional Director, which resolves within 5 days. The decision is immediately executory unless appealed to the Commission en banc within 5 days.
For a city police station: must be a Bachelor of Laws graduate or completed all required courses in a master’s program in specified fields (public administration, criminology, criminal justice, etc.). For a municipal police station: at least 2nd year Bachelor of Laws or at least 12 units in a related master’s program. Bar members with at least 5 years practice, licensed criminologists, or graduates of PNP Academy may qualify if they possess the general qualifications, passed field training, and complied with other requirements set by Napolcom.
Police NCOs (PO I to SPO IV) are appointed by PNP Regional Directors for regional personnel and the Chief, PNP for national HQ personnel. Police commissioned officers (Inspectors to Superintendents) are appointed by the Chief, PNP. The President appoints Senior Superintendents and higher ranks.
They must be Filipino citizens; of good moral conduct; must have passed psychiatric/psychological, drug, and physical tests; have a formal baccalaureate degree; be eligible under Napolcom standards; not have been dishonorably discharged or dismissed from government service; not have been convicted by final judgment of an offense involving moral turpitude; meet height/weight standards; and be between 21 and 30 years old.
Applicants submit papers at the mayor’s office; the mayor refers them to the POC for a screening schedule. The POC evaluates within 5 working days whether applicants meet general qualifications and ensure inclusion in the Napolcom roster of certified eligibles, then endorses qualified applicants to the mayor.
POC evaluates within 5 working days and endorses qualified applicants to the mayor within 2 additional working days. From the POC-endorsed list, the mayor recommends within 3 working days to the PNP Provincial/District Screening Committee through the PNP Provincial/District Director.
It states that reassignment/detail outside the city/municipality should not be resorted to as a form of disciplinary action. Recommendations must be based on allowed grounds (e.g., ineffective discharge of duties, protecting the good name of the LGU, preventing harm, precluding harassment of the community), and should be embodied in a city/municipal council resolution to avoid partisanship or abuse of authority.
Grounds relate to inefficacy in combating crime/maintaining peace and order, such as rampant criminality, proliferation of illegal activities, breakdown of peace and order, or involvement in nefarious activities. The local POC must conduct a public hearing/dialogue to ascertain effectiveness before recommending. The recommendation must be in a resolution approved and signed by a majority of POC members.
Purpose: promote effectiveness and economy in police administration/operations, reveal strengths/weaknesses, support reforms, and submit semi-annual reports to Napolcom on the state of administration/operation and impact on peace and order. The mayor conducts regular quarterly and special spot inspections, coordinates with the COP/district/station commander, documents and validates findings, and prepares an inspection report within 10 working days, in five copies furnished to the governor, PNP district/provincial, Napolcom regional, and PNP regional.
The mayor must develop and establish an integrated area/community public safety plan in coordination with the local peace and order council (chairman) covering priorities of action and program thrusts for implementation by local PNP stations. The mayor must assess the state of order using five parameters (magnitude, rate of change, seriousness, locality/concentration, who), identify and rank major problems, determine resources/constraints, determine strategies/programs/projects, monitor implementation monthly, evaluate yearly, and submit/ furnish required reports to Napolcom and relevant PNP/LGU officials.