Mayors' Control over PNP in NCR

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OP MEMORANDUM ORDER NO. 77: Mayors' Control over PNP in NCR

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Title Supreme Court: Mayors' Control over PNP in NCR

Law: Op Memorandum Order No. 77

Decision Date: Oct 1, 2002

Mayors in the National Capital Region of the Philippines are granted operational supervision and control over the local police force, allowing them to maintain peace and order in their jurisdictions, with certain exceptions during election periods.

peace and order

operational supervision

A

Operational Supervision Over PNP by City and Municipal Mayors

Per Section 51 of the Department of the Interior and Local Government Act of 1990 (R.A. No. 6975), as amended by R.A. No. 8551:
- City and municipal mayors have operational supervision and control over Philippine National Police (PNP) units within their jurisdictions.
- An exception exists during the 30 days before and after national, local, and barangay elections when such supervision is suspended.

Role of the National Police Commission (NAPOLCOM)

Section 14 of R.A. No. 6975, as amended, vests NAPOLCOM with administrative control and operational supervision over the PNP.
NAPOLCOM is directed to empower city and municipal mayors in the National Capital Region (NCR) to effectively perform their peace and order responsibilities.

Unique Law Enforcement Context in the National Capital Region

The NCR consists of 13 cities and 4 municipalities housing approximately 10 million residents.
Due to its population and complexity, specialized mechanisms are required to ensure mayors perform their roles in maintaining peace and order and supervising PNP operations.

Directives to the National Police Commission

NAPOLCOM is ordered to ensure the following provisions for NCR mayors:
a. Mayors shall exercise operational supervision and control over PNP units within their jurisdictions, except during specified election period suspensions.
b. Decisions in administrative disciplinary cases made by People's Law Enforcement Boards in NCR cities and municipalities shall become immediately executory.
- Appeals involving demotion or dismissal may be filed within 10 days with the regional appellate board.
- Nevertheless, such appeals do not stay the execution of penalties.
- If an appeal results in exoneration, the respondent is entitled to reinstatement and prompt payment of withheld salary and benefits.
  c. Mayors shall select chiefs of police, station commanders, or district directors from qualified lists recommended by district directors or the NCR Police Office Director.
- The selection preferably involves officers from the same city or municipality.
- Mayors may recommend eligible officers to be included on the list.
  d. Mayors must be given prior notice of the transfer, recall, reassignment, or detail of PNP members under their supervision.

Implementation and Effectivity

NAPOLCOM shall adopt necessary resolutions to implement these directives.
The Memorandum Order takes effect immediately upon approval on October 1, 2002.

END