Title
NAPOLCOM MEMORANDUM CIRCULAR NO. 2003-006
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.
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Law Summary

Introduction

This Memorandum Circular directs the Philippine National Police (PNP) to implement an intensified and unrelenting campaign against carnapping, following President Gloria Macapagal-Arroyo's declaration of war on criminal syndicates during her State of the Nation Address in 2002.

Legal Mandate

  • Authority: The PNP is mandated to enforce laws protecting lives and properties and to maintain peace and order.
  • Objective: To combat the rising incidence of carnapping and restore public faith in government capabilities.

Command Responsibility

  • Definition: Command responsibility holds PNP officers accountable for the actions of their subordinates concerning crime prevention and enforcement.
  • Sections of Executive Order No. 226:
    • Section 1: Officers are liable if they fail to act upon knowledge of crimes within their jurisdiction.
    • Section 2: Officers are presumed to have knowledge of criminal activities if they are widespread or recurrent.

Responsibilities by Rank

  • Regional Director: Responsible for District Directors; presumption of negligence with 18+ unsolved incidents per quarter.
  • District Director: Oversees Chiefs of Police; presumption of negligence with 6+ unsolved incidents per quarter.
  • Chief of Police: Manages Police Stations; presumption of negligence with 3+ unsolved incidents per quarter.
  • PCP/Sub-Station Commander: Oversees precinct members; presumption of negligence with 2+ unsolved incidents per quarter.

Definition of Carnapping

  • Carnapping: The unlawful taking of a motor vehicle with intent to gain, without the owner's consent, or through violence/intimidation.
  • Motor Vehicle Definition: Vehicles propelled by non-muscular power, excluding certain vehicles such as road rollers and agricultural machines.

General Provisions and Consequences

  • Command Responsibility Enforcement: Officers failing to uphold command responsibility will be relieved from duty and face investigation within 10 days.
  • Penalties:
    • Administrative charges for PNP personnel involved in carnapping.
    • Possible dismissal from service and criminal prosecution under the Revised Penal Code.
  • Recognition for Officers: PNP personnel who aid in apprehending carnappers will receive acknowledgment in promotion applications.

Promotion Evaluation

  • Policy: The Commission will assess performance in anti-carnapping efforts before endorsing promotions of PNP officers.

Effective Date

  • Publication Requirement: This Circular will take effect 15 days after publication in a newspaper of general circulation and filing with the UP Law Center.

Key Takeaways

  • The Memorandum Circular mandates a robust response from the PNP against carnapping, emphasizing command responsibility across all ranks.
  • Officers are held accountable for the crimes occurring within their jurisdictions, with specified thresholds for presumed negligence.
  • The definitions of carnapping and motor vehicles are explicitly outlined, guiding enforcement.
  • Penalties for failure to act include relief from duty and potential dismissal, while commendations are provided for effective law enforcement actions.

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