Title
Roles of Provincial Governors in Police Supervision
Law
Npc Memorandum Circular No. 2002-003, April 12, 2002
Decision Date
Apr 12, 2002
Provincial Governors are designated as deputies of the National Police Commission, responsible for selecting PNP provincial directors, overseeing public safety initiatives, and ensuring effective law enforcement within their jurisdictions.
provincial governors
national police
commission

Legal basis and related references

  • Section 51 of Republic Act No. 6975, as amended by Section 64 of Republic Act No. 8551, provides that Governors, upon election and qualification, are automatically deputized as representatives of the National Police Commission.
  • The circular operationalizes Governor functions consistent with Section 20 of Republic Act No. 8551 (referred to for educational and training credentials of PNP provincial director candidates).
  • The circular ties the Governor’s deputy role to general supervision and to peace and order planning and law enforcement campaigns.
  • The circular references Memorandum Circular 2002-002 for the scope of Mayors as deputized Commission representatives.
  • The circular references Section 41 (b-2) of Republic Act No. 6975 and Napolcom Memorandum Circular No. 96-010 regarding administrative punishments for minor offenses involving breach of internal discipline.

Policy and operational objectives

  • Provincial Governors, as deputized Commission representatives, must ensure effective law and order and public safety within the province, including cities and municipalities under provincial coverage.
  • Provincial Governors must oversee implementation of the Provincial Public Safety Plan while taking into account community public safety plans of towns and cities.
  • Provincial Governors must coordinate, supervise, and monitor campaigns against illegal drugs and illegal gambling within the province.
  • Provincial Governors must exercise general supervision to ensure police units perform duties properly according to existing laws and Napolcom rules and regulations (and those of other competent authority).

Who is covered: governors, cities, police

  • The circular applies to Provincial Governors functioning as deputies of the National Police Commission for their provinces.
  • The circular applies to PNP Provincial Directors and to police offices of cities/municipalities within the province.
  • The circular applies to Mayors who are also deputized Commission representatives for component cities and municipalities.
  • Highly independent urbanized cities and independent component cities are independent of the province for purposes of provincial general supervision over Mayors.

Governor functions: peace and order, appointments

  • Provincial Governors, as deputized Commission representatives, must choose the PNP provincial director from a list of three (3) eligibles recommended by the PNP Regional Director.
  • The Governor’s selection must be made upon prior consultation with the Napolcom Regional Director/concerned, considering educational and training credentials aligned with Section 20 of Republic Act No. 8551 and considering the candidates’ service reputation and suitability.
  • As Chairperson of the Provincial Peace and Order Council (PPOC), the Governor must oversee implementation of the Provincial Public Safety Plan, factoring in community plans of towns and cities.
  • The Governor, as PPOC Chairperson, must coordinate, supervise, and monitor the campaign against illegal drugs and illegal gambling within the province.

Governor functions: inspections, directives, enforcement

  • Provincial Governors must conduct inspection and audit of performance and facilities of police stations under their jurisdictions to assess operational preparedness and effectiveness.
  • Provincial Governors must perform such other functions as may be duly authorized by the Commission.
  • Provincial Governors must exercise general supervision by ensuring police units/elements within provincial territorial boundaries perform their duties properly under existing laws and Napolcom-issued rules and regulations.
  • Provincial Governors must undertake the following specific actions as part of general supervision over PNP Provincial Directors:
    • Conduct External Audit of the personnel, performance, and facilities of the PNP provincial office and police offices/units of cities/municipalities within the province.
    • Monitor and assess police performance in relation to the prevailing peace and order situation within the province.
    • Issue directives for police operations to stop illegal activities and neutralize criminal syndicates, particularly those involved in illegal gambling and drugs.
    • Call the Police Provincial Director to direct the concerned Chief of Police to suppress violence or disorder, enforce law and order, and ensure public safety in a city/municipality within the province.
    • Call the Police Provincial Director to meetings and conferences on peace and order and public safety matters.
    • Require assistance from the Police Provincial Director for general public service, provided the primary mission of the PNP Provincial Office is not prejudiced.
    • Issue guidance to the Police Provincial Director on prescribed standards and deficiencies noted during inspection.
    • Furnish appropriate reports and recommendations to the PNP Regional Director if, after giving such guidance/advice, the police provincial office fails to improve performance and/or fails to follow laws, rules, or regulations.
    • Take appropriate administrative or criminal action against an erring provincial police member.

Relationship duties: PNP Provincial Director role

  • With the Provincial Governor exercising general supervision over the provincial PNP, the PNP Provincial Director must operationalize the Governor’s directives and coordinate with the Chief of Police of the concerned city/municipality.
  • The PNP Provincial Director must formulate implementing plans to operationalize directives of the Provincial Governor to suppress violence, disorder, or criminality in an area, in coordination with the concerned city/municipal Chief of Police.
  • The PNP Provincial Director must direct appropriate/subordinate police units/elements to undertake public service activities called for by the Provincial Governor, provided the primary mission of the police unit is not prejudiced.
  • The PNP Provincial Director must undertake the campaign against illegal gambling operations as an inherent function and/or as directed by the Provincial Governor.
  • The PNP Provincial Director must assist the Provincial Peace and Order Council (PPOC) chaired by the Provincial Governor in formulating the IA/CPSP and must render periodic reports on the status of implementation of the plan as law enforcement component.
  • The PNP Provincial Director must render periodic and regular reports on the peace and order situation within the province.
  • The PNP Provincial Director must submit an accomplishment report as may be required by the Governor.
  • The PNP Provincial Director must conduct Internal Audit of personnel, performance, and facilities of the Provincial Police Office.

Administrative punishments authority and limits

  • The PNP Provincial Director must impose administrative punishments for minor offenses involving breach of internal discipline committed by erring members of the provincial police office.
  • The power to impose those administrative punishments is anchored on Section 41 (b-2) of Republic Act No. 6975, as implemented by Napolcom Memorandum Circular No. 96-010.
  • The administrative punishments include:
    • Admonition or reprimand;
    • Restrictive custody;
    • Withholding of privileges;
    • Forfeiture of salary or suspension; or
    • Any combination of the foregoing.
  • The circular imposes a maximum duration: in all cases, the total period shall not exceed thirty (30) days.

Governors over Mayors and supervision boundaries

  • Provincial Governors, as deputized Commission representatives, must ensure that deputized Mayors exercise general supervision and control functions over the PNP units in their respective jurisdictions.
  • The Mayors’ supervision and control must be exercised within the standards and guidelines prescribed by the Commission.
  • The province’s general supervisory reach over Mayors covers component cities and municipalities, except that highly independent urbanized cities and independent component cities remain independent of the province.

Repeal, inconsistency rule, separability, and effect

  • All Napolcom issuances or parts thereof that are inconsistent with, or contrary to, the provisions of the circular are repealed, amended, or modified.
  • The circular’s effectivity is fixed at fifteen (15) days from the date of filing with UP Law Center, following the Administrative Code of 1987.

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