Title
PNP Intensified Anti-Carnapping Campaign
Law
Napolcom Memorandum Circular No. 2003-006
Decision Date
Mar 6, 2003
President Gloria Macapagal-Arroyo's directive mandates the Philippine National Police to launch an intensified campaign against carnapping, emphasizing command responsibility and increased police visibility to combat this growing threat to public safety and national security.
carnapping
criminal law
national security

Legal basis and referenced laws

  • The campaign is anchored on the PNP’s mandate to enforce laws protecting lives and properties, and to maintain peace and order and take necessary steps to ensure public safety.
  • Executive Order No. 226 (February 17, 1995) institutionalizes the Doctrine of Command Responsibility in all levels of command in the PNP and other law enforcement agencies.
  • Republic Act No. 6975 governs the administrative charging framework for PNP personnel, as amended by Republic Act No. 8551.
  • The circular frames carnapping by reference to definitions consistent with Sec. 2 of Republic Act No. 6539 (Anti-Carnapping Act of 1972).

Policy and operational directives

  • Police visibility is treated as an accepted deterrent to the commission of crime, giving peace of mind to citizens’ freedom of movement and commerce.
  • The PNP must increase police visibility through intensified foot and mobile patrols along thickly populated areas and busy commercial districts.
  • Control points shall be established when necessary.
  • The PNP must improve intelligence and counter-intelligence capabilities and ensure that law enforcement officers are ahead of criminal elements in gathering information and monitoring their movement and activities.
  • The PNP must create and maintain a database for every specific crime, including carnapping.
  • The campaign must include publishing and printing at conspicuous places the name, picture, and other personal circumstances of notorious individuals involved in illegal activities.
  • Community support and involvement must be developed, cultivated, and encouraged, with community awareness of the law enforcement agencies’ positive strategies against syndicated crimes.
  • Information and educational campaigns must be initiated, including organizing community-based and anti-crime fronts, movements, or associations.

Doctrine of command responsibility (core rule)

  • The Doctrine of Command Responsibility must be strictly applied at all levels of command in the PNP for the carnapping campaign.
  • Executive Order No. 226, Section 1 provides that neglect of duty exists when a government official or supervisor (including a PNP officer/commander) has knowledge that a crime or offense is to be committed, is being committed, or has been committed by subordinates or others within the officer’s area of responsibility, yet fails to take preventive or corrective action before, during, or immediately after commission.
  • Executive Order No. 226, Section 2 establishes a presumption of knowledge when irregularities or illegal acts are:
    • widespread within the officer’s area of jurisdiction;
    • repeatedly or regularly committed within the area of responsibility; or
    • involved members of the officer’s immediate staff or office personnel.
  • For carnapping, command responsibility applies not only to failures under the Executive Order’s framework, but also to failures to perform the commanders’ mandated tasks enumerated in the circular.

Command responsibility standards by level

  • The circular imposes command responsibility and presumptions of negligence by rank and geographic/organizational scope to enforce accountability for unsolved incidents of carnapping measured per quarter.

NCRPO-level command

  • The Regional Director (RD) of the NCRPO has command responsibility over District Directors and commanders of the Regional Mobile Group in the RD’s jurisdiction.
  • There is a presumption of negligence on the RD when two (2) or more Districts in the RD’s AOR have eighteen (18) or more unsolved incidents of carnapping each per quarter.

NCR district-level command

  • The District Director has command responsibility over Chiefs of Police or Station Commanders of Numbered Stations of NCR Police Stations under the District Director’s area of responsibility.
  • There is a presumption of negligence on the District Director when two (2) or more Police Stations within the District Director’s AOR have six (6) or more unsolved incidents of carnapping each per quarter.

City/Municipal station-level command (NCR)

  • The Chief of Police of the city/municipality or the Station Commander exercises command responsibility over commanders of Sub-Stations/Police Community Precincts (PCPs) in the Chief’s area of responsibility.
  • There is a presumption of negligence on the Chief of Police or Station Commander when two (2) or more Sub-stations/PCPs within the AOR have three (3) or more unsolved incidents of carnapping each per quarter.

Police Community Precinct/Sub-station command

  • The Police Community Precinct or Sub-Station Commander exercises command responsibility over Police Community Precinct or Sub-Station members.
  • There is a presumption of negligence on the PCP/Sub-Station Commander when the PCP/Sub-Station Commander’s AOR has three (3) or more unsolved incidents of carnapping per quarter.

Other PNP regional directors (non-NCR)

  • Police Regional Directors have command responsibility over Provincial/City Directors and commanders of Regional Mobile Groups in their respective jurisdiction.
  • There is a presumption of negligence on the Regional Director when two (2) or more provinces or Highly Urbanized Cities in the AOR have twelve (12) or more unsolved incidents of carnapping each per quarter.

Provincial and Highly Urbanized City command

  • The PNP Provincial Director or City Director of a Highly Urbanized City exercises command responsibility over Chiefs of Police or Station Commanders of Police Stations in the director’s area of responsibility.
  • There is a presumption of negligence on the Provincial/City Director when two (2) or more Police Stations within the AOR have four (4) or more unsolved incidents of carnapping each per quarter.

Component city/municipal station command

  • The Chief of Police of a component city or municipal police station exercises command responsibility over commanders of Sub-Stations or PCPs in the Chief’s area of responsibility.
  • There is a presumption of negligence on the Chief when the AOR has three (3) or more unsolved incidents of carnapping each per quarter.

PCP/Sub-station command (non-NCR)

  • The PCP/Sub-station Commander has command responsibility over Police Community Precinct or Sub-station members.
  • There is a presumption of negligence on the PCP Commander or Sub-station Commander when the AOR has two (2) or more unsolved incidents of carnapping per quarter.

Carnapping and motor vehicle definitions

  • For this Memorandum Circular, carnapping means the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things.
  • A motor vehicle is any vehicle propelled by any power other than muscular power using the public highways, excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways; vehicles that run only on rails or tracks; and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.
  • Trailers having any number of wheels are classified as a separate motor vehicle with no power rating when propelled or intended to be propelled by attachment to a motor vehicle.

Enforcement, investigations, penalties, and incentives

  • If any officer fails to exercise command responsibility in the manner and standard set forth in the circular, the officer shall be relieved from assignment, together with the counterpart from the Traffic Management Group.
  • A pre-charge investigation must be conducted after relief and must be terminated within ten (10) days.
  • If there is a finding of probable cause, the subject police officer must be placed under preventive suspension pending formal investigation by the PNP in accordance with NAPOLCOM Memorandum Circular No. 96-010 or by NAPOLCOM under Memorandum Circular 98-014.
  • PNP personnel charged as principal, accomplice, or accessory in carnapping must be administratively charged under the applicable provisions of RA 6975, as amended by RA 8551.
  • The administrative penalty for PNP personnel, if evidence so warrants, is dismissal from the service, without prejudice to criminal prosecution under the Revised Penal Code and/or Special Laws.
  • PNP personnel who are instrumental in the apprehension of carnappers must receive an appropriate recognition from the superior, which must be duly noted, considered, and appreciated in their application for promotion.
  • The Commission must assess and evaluate a nominee’s performance in the campaign against carnapping before recommending or approving any PNP promotion, both in rank and assignment.

Repeal, modification, and separability

  • All NAPOLCOM issuances or portions that are contrary to or inconsistent with the circular are modified or repealed accordingly.

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