Question & AnswerQ&A (NPC MEMORANDUM CIRCULAR NO. 2002-005)
The PNP units are designated as the primary and principal law enforcement arm in the national campaign against jueteng and other illegal gambling activities, tasked to immediately undertake an all-out campaign to stop and eradicate these activities.
The Doctrine of Command Responsibility holds that any government official or PNP officer is accountable for neglect of duty if they have knowledge of a crime being committed by subordinates or others within their area of responsibility and fail to take preventive or corrective action before, during, or immediately after its commission.
A PNP officer is presumed to have knowledge if (1) the irregularities or illegal acts are widespread in their jurisdiction, (2) the illegal acts have been repeatedly committed, or (3) members of their immediate staff or personnel are involved.
A PNP official or unit chief who fails or refuses to stop illegal gambling activities shall be administratively charged for Serious Neglect of Duty under the Doctrine of Command Responsibility, and may also face criminal prosecution under the Revised Penal Code and special laws.
If three or more separate raids conducted by non-organic PNP units or authorized law enforcement agencies in any part of a region result in arrests or confiscations related to illegal gambling, and the Regional Director fails to act, they may be charged with neglect of duty.
If a PNP officer fails to take preventive or corrective action within one week from receipt of reports or certifications detailing the existence of illegal gambling, they are subject to administrative charges and potential relief from assignment.
Upon finding probable cause, the accused PNP officer shall be placed under preventive suspension pending formal investigation in accordance with Napolcom Memorandum Circular No. 98-014.
The Commission shall assess the performance of PNP officers in the campaign against jueteng and other illegal gambling activities before recommending or approving any promotions in rank or assignment.
Confiscated gambling paraphernalia such as bulilyo, lastilyas, cotejo, bets, and other related items are considered evidence of illegal gambling.
The Memorandum Circular takes effect fifteen (15) days from the date of publication in a newspaper of general circulation.