QuestionsQuestions (NPC MEMORANDUM CIRCULAR NO. 2002-005)
It is an NPC (now NAPOLCOM) memorandum circular directing the PNP leadership and all lower units to undertake an all-out campaign to stop and eradicate jueteng and other illegal gambling activities, and to apply command responsibility in enforcing the campaign.
It cites NPC’s constitutional mandate and its statutory powers under Republic Act (RA) No. 6975, as amended, as the authority for directing PNP participation in the campaign.
They are the primary and principal law enforcement arm in the national campaign, and must closely liaison and coordinate with relevant local and other organizations such as Peace and Order Councils, Law Enforcement Coordinating Councils, and other active stakeholders.
It refers to holding a government official/PNP commander accountable for neglect of duty when he had knowledge that a crime or offense is being committed (or was committed) by subordinates/others within his area of responsibility and failed to take preventive or corrective action before, during, or immediately after the commission.
When he has knowledge that a crime or offense shall be committed, is being committed, or has been committed by subordinates or others within his area of responsibility and, despite such knowledge, he did not take preventive or corrective action either before, during, or immediately after its commission.
When (1) the illegal acts are widespread in the area of jurisdiction; (2) they are repeatedly or regularly committed in the commander’s area of responsibility; or (3) members of the commander’s immediate staff/office personnel are involved.
When three (3) or more separate raids/operations in any part of a region (by a unit not organic to the region or any authorized agency) result in arrests of violators of PD 1602 and/or confiscation of gambling paraphernalia (e.g., bulilyo, lastilyas, cotejo, bets and related items).
When three (3) or more separate raids/operations in any part of the province (by a unit not organic to the province or authorized agency) result in arrests of PD 1602 violators and/or confiscation of gambling paraphernalia such as bulilyo, lastilyas, cotejo, bets and other related items.
When three (3) or more separate raids/operations in any part of the city/municipality (by a unit not organic to the city/municipality or any authorized agency) result in arrests of PD 1602 violators and/or confiscation of gambling paraphernalia such as bulilyo, lastilyas, cotejo, bets and other related items.
If a Regional Director, Provincial Director, or City/Municipal Chief of Police receives a report detailing arrests and/or confiscated paraphernalia and other matters indicating illegal gambling, but fails to take preventive or corrective action within one (1) week from receipt of the report, he may be held administratively accountable under command responsibility.
When the Regional Multi-Sectoral Monitoring Team (RMMT) furnishes the PNP officer copies of a monitoring report and certifications (duly signed) that illegal gambling exists in a particular city/municipality for two (2) consecutive months, and the concerned officer fails or refuses to take preventive or corrective action within one (1) week from receipt of the RMMT report.
Two (2) or more individuals of known probity and integrity execute an affidavit or sworn statement attesting to the existence and continuing operation of illegal gambling in the officer’s area of responsibility, attaching documents or items proving the same.
He shall be relieved of assignment, and pre-charge investigation will be conducted, which shall be terminated within fifteen (15) days.
Upon finding of probable cause, the subject police officer shall be placed under preventive suspension pending formal investigation in accordance with NAPOLCOM Memorandum Circular No. 98-014.
Before recommending or approving any promotion of a PNP officer (in rank and assignment), NAPOLCOM must assess and evaluate the performance of the recommendee in the campaign against jueteng and other illegal gambling.
All other NAPOLCOM issuances or portions thereof contrary to or inconsistent with the circular are modified or repealed accordingly.
It takes effect fifteen (15) days from date of publication in a newspaper of general circulation and after a copy is filed with the UP Law Center in consonance with the Administrative Code of 1987.