Legal basis and policy intent
- The circular is issued pursuant to Napolcom’s constitutional mandate and statutory powers under Republic Act No. 6975, as amended.
- Section 64, Republic Act No. 8551 mandates that provincial governors and city/municipal mayors, after election and qualification, are automatically deputized as representatives of the Commission in their areas of responsibility.
- The circular anchors local executives’ deputation duties on the oversight of their Provincial or Community Public Safety Plans and on implementation and enforcement of anti-gambling laws, principally Presidential Decree (PD) No. 1602.
- Section 51(b)(4), Republic Act No. 6975, as amended, places control and supervision of anti-gambling operations within local government executives’ jurisdiction and authorizes Napolcom to monitor their performance.
- Republic Act No. 7160 (Local Government Code of 1991) enjoins governors and mayors to enforce all laws and ordinances relative to the governance of their province, city, or municipality, including PD No. 1602.
Covered officials and required stance
- All provincial governors and city/municipal mayors are expressly treated as local government executives and deputies of the Napolcom.
- They are mandated as prime movers in the campaign against jueteng and other illegal gambling activities within their areas of responsibility.
- They are enjoined to use their power of control and supervision over anti-gambling operations of the PNP in their areas to immediately stop and eradicate illegal gambling activities.
Operational plan and criminal prosecution duties
- Provincial governors and city/municipal mayors must prepare an operational plan against illegal gambling for implementation by the Police Provincial Director or Chief of Police, as the case may be.
- The operational plan must be copy furnished to the regional offices of DILG, Napolcom, and PNP.
- Local chief executives must pursue the criminal prosecution of violators of PD No. 1602 and other related anti-gambling laws.
Administrative liability for dereliction
- Local chief executives who have knowledge of jueteng and other illegal gambling operations in their areas but fail or refuse to stop or eradicate them incur administrative liability for dereliction of duty under Section 60(c) of Republic Act No. 7160.
- Such administrative liability is without prejudice to withdrawal of deputation under Section 52 of Republic Act No. 6975, as amended, implemented under Napolcom Memorandum Circular No. 2001-03.
- Such persons are also subject to criminal prosecution under Article 208 of the Revised Penal Code, Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), and Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
- The criminal and administrative complaint must be lodged before the Office of the Ombudsman.
Prima facie knowledge and failure triggers
- A prima facie case of knowledge and failure to stop or eradicate exists when any of the following circumstances is present.
- Prima facie knowledge exists when:
- 3.1 Three (3) or more separate raids/operations in a province, city, or municipality lead to arrest of violators of PD No. 1602 and/or confiscation of gambling paraphernalia, cotejo, bets, and related items, without participation (directly or indirectly) of the concerned local executive, by members of law enforcement units not assigned to the police station under the concerned LGU.
- 3.2 The illegal gambling activity is of public knowledge within the province, city, or municipality such that an unprejudiced mind would believe the provincial governor or city/municipal mayor is abetting or tolerating it.
- 3.3 The LCE fails or refuses to cooperate and/or provide necessary assistance to police operatives during anti-illegal gambling operations, or intercedes for the release of apprehended violators and/or gambling paraphernalia, bets, and related items.
- 3.4 Based on a monitoring report of the Regional Multi-Sectoral Monitoring Team (RMMT) on Anti-Gambling, jueteng or other illegal gambling activities exist in a province, city, or municipality for two (2) or more months, and the LCEs failed to stop the same.
- 3.5 Two (2) or more individuals of known probity and integrity execute an affidavit or sworn statement attesting to the existence of illegal gambling and attach or enclose related items/documents such as bulilyo, lastilyas, or cotejo.
No exculpation from stop-orders
- Orders, directives, or instructions—written or verbal—issued by the concerned LCEs to stop illegal gambling operations do not exculpate them from criminal or administrative liability if any of the circumstances enumerated under the prima facie triggers occurs.
Monitoring office responsibility and guidance
- The RMMT on Anti-Gambling created under Department Order No. 2001-102, as amended by 2001-590, is the Office of Primary Responsibility to ensure strict compliance with the circular.
- The RMMT on Anti-Gambling is guided by Napolcom Office Order No. 2001-015 dated August 20, 2001.
Modifications, references, and filing
- All Napolcom issuances or portions that are contrary to or inconsistent with the circular are modified or repealed accordingly.
- Copies must be furnished to the Office of the President, Office of the Chairperson of the Civil Service Commission, and the Office of the Ombudsman for information and reference.
Effect of compliance framework
- The circular requires immediate operational action by governors and mayors to stop and eradicate jueteng and other illegal gambling activities within their responsibility areas.
- It establishes that administrative and criminal accountability attaches when knowledge and failure conditions are met through the enumerated prima facie circumstances and related conduct.