Mandate of the Philippine National Police (PNP)
- PNP tasked to enforce laws protecting lives and properties.
- Maintain peace and order ensuring public safety.
- PNP directed to intensify operations against carnapping.
Police Visibility and Patrol Measures
- Increased police presence through foot and mobile patrols in populated and commercial areas.
- Establish control points when necessary to deter carnapping.
Intelligence and Counter-Intelligence Enhancement
- Law enforcement to improve intelligence gathering and monitoring of criminal elements.
- Creation and maintenance of crime-specific databases, including for carnapping.
- Public display of notorious criminals’ identities encouraged.
Community Involvement
- Promote community awareness about law enforcement efforts.
- Organize community-based anti-crime groups and implement information and educational campaigns.
Doctrine of Command Responsibility
- Strict application of command responsibility at all PNP levels to prevent carnapping.
- Based on Executive Order No. 226, Sections 1 and 2:
- Officials liable if they fail to prevent or act on crimes committed by subordinates.
- Presumption of knowledge exists if crimes are widespread or repeated within jurisdiction or by immediate staff involvement.
Specific Command Responsibilities Relating to Carnapping
- Regional Directors, District Directors, Police Chiefs, and Sub-Station Commanders have defined thresholds for unsolved carnapping cases triggering presumption of negligence:
- Examples: NCR Regional Director negligent if 2+ districts have 18+ unsolved cases quarterly.
- Other levels have set figures for unsolved cases triggering negligence.
Definition of Carnapping and Motor Vehicles
- Carnapping: Taking motor vehicles with intent to gain without consent or by violence, intimidation, or force.
- Motor vehicle excludes road rollers, trolley cars, street-sweepers, lawn mowers, agricultural tractors, and vehicles not used on public highways.
Enforcement, Investigation, and Penalties
- Failure to exercise command responsibility results in relief from duty and accompanying Traffic Management Group counterpart.
- Pre-charge investigation within 10 days mandatory.
- Probable cause leads to preventive suspension and formal investigations.
- PNP personnel involved in carnapping liable for administrative charges, possible dismissal, and criminal prosecution.
Incentives and Promotions
- Personnel instrumental in apprehending carnappers receive formal recognition.
- Promotion evaluations will consider performance in carnapping campaign.
Supersession and Effectivity
- Modifies or repeals previous inconsistent NAPOLCOM issuances.
- Circular effective 15 days after publication in a newspaper and filing with UP Law Center.
Legal References
- Executive Order No. 226 on Command Responsibility.
- RA 6539 (Anti-Carnapping Act of 1972).
- RA 6975 as amended by RA 8551 governing PNP personnel discipline.