Legal basis and covered authorities
- The circular grounds local chief executives’ police-administration powers on Section 51 of Republic Act No. 6975, as amended by Sections 62 to 64 of Republic Act No. 8551.
- The circular also implements provisions on discipline and internal rules under Section 41 and related provisions of Republic Act No. 6975, as amended, including the disciplinary framework referenced in Section 52 and Section 55 of the Implementing Rules and Regulations of R.A. No. 8551.
- The circular operationalizes the appointment-selection mechanisms tied to Section 63 of Republic Act No. 8551 for choosing the Chief of Police (COP).
- The circular operationalizes appointment recommendations and related recruitment/processing mechanics anchored on Section 63(4)(iii) of R.A. No. 8551 and the eligibility/qualification standards it cites.
- The circular expressly incorporates procedures under Napolcom Memorandum Circular No. 91-008 for handling minor offenses through summary investigations.
Policy statement and guiding purposes
- Local chief executives exercise police powers to ensure effective local administration of the PNP.
- The circular treats operational actions and recommendations as instruments for effective crime investigation, crime prevention, and traffic control under Napolcom-prescribed rules.
- The circular directs that disciplinary and personnel recommendations must observe due process and administrative safeguards.
- The circular treats inspection and audit as tools to promote effectiveness and economy in local police administration and operations.
- The circular requires that recall/reassignment of the COP be exercised with paramount consideration of public service and interest, not as reward or political action.
Core operational supervision powers
- The city and municipal mayors exercise operational supervision and control over PNP units in their jurisdiction except for the 30-day period immediately preceding and the 30 days following national, local, or barangay elections.
- During that election exception period, local police forces are placed under the supervision and control of the Commission on Elections.
- “Operational supervision and control” means the power to direct, superintend, and oversee the day-to-day functions of police investigation of crime, crime prevention activities, and traffic control in accordance with Commission rules.
- The circular directs that local mayors may conduct operations to stop illegal activities and neutralize criminal syndicates, especially those engaged in kidnap-for-ransom, illegal drugs, bank robberies, and illegal gambling.
- The circular defines:
- Employment as utilization of PNP units for protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing offenders to justice, and ensuring public safety, including suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, subversion or other related activities; and, in insurgency, police support to the Armed Forces of the Philippines through information gathering and ordinary police functions unless the President calls the PNP to support the AFP in combat operations.
- Deployment as the orderly and organized physical movement of PNP elements or units within the province, city, or municipality for purposes of employment.
- The circular authorizes mayors to:
- Direct employment and deployment of units through the station commander;
- Be updated on ongoing police operations and be furnished after-operation reports;
- Assess and evaluate police station effectiveness and the performance of the Chief of Police, and furnish evaluation copies to Napolcom and the appropriate provincial offices, with separate reporting channels for Manila and Quezon versus other cities/municipalities;
- Receive data on annual Maintenance and Other Operating Expenses (MOOE) and logistical equipment allocated to police stations to determine adequacy and judicious utilization of resources;
- At discretion, lead or join regular or special police operations, or oversee operations conducted by police operating units.
- The circular provides that control and supervision of anti-gambling operations is within the jurisdiction of local government executives.
Disciplinary authority and minor offenses
- The circular recognizes that local chief executives have administrative disciplinary authority for minor offenses committed by PNP members assigned to their jurisdiction after due notice and summary hearings, consistent with the disciplinary framework referenced under Section 41 of the enabling statute.
- The mayor’s disciplinary jurisdiction for citizen complaints depends on the penalty range:
- The mayor has jurisdiction over citizen complaints where the alleged offense is punishable by withholding of privileges, restriction to specified limits, suspension, or forfeiture of salary, or any combination thereof for a period not less than 16 days but not exceeding 30 days.
- The mayor must refer citizen complaints filed before the mayor to the PLEB when the alleged offense is punishable by a penalty higher than 30 days forfeiture of salary or suspension.
- The mayor must file with the appropriate PNP disciplinary authority a complaint against any PNP member in the mayor’s city/municipality for breach of internal discipline pursuant to Section 55 of the Implementing Rules framework cited.
- The circular requires compliance with administrative due process in the investigation, hearing, and adjudication of citizen complaints.
- The circular directs the mayor to follow Napolcom Memorandum Circular No. 91-008 procedures for minor offenses, including:
- The respondent being furnished a copy of the complaint and given opportunity to answer within 48 hours from receipt;
- Decision-making timelines and written decisions based on submitted evidence;
- If the respondent elects summary investigation: the summary investigation taking place within 24 hours after receipt of the answer, witness presentation via sworn affidavits subject to cross-examination, and postponement discouraged except in meritorious cases;
- Completion of investigation within 72 hours, with the written decision within 24 hours thereafter, and furnishing copies to the Chief of Police and PNP Provincial Director.
- The circular authorizes the mayor to recommend preventive suspension for a period not exceeding 10 days for any officer/member of the police station within the mayor’s jurisdiction when convincing evidence shows the respondent is harassing, intimidating, coercing, or unduly influencing complainants or witnesses to withdraw or retract sworn statements.
- The circular adopts the internal discipline framework, including:
- Breach of internal discipline as offenses affecting order and discipline within the police organization;
- Minor offense as acts/omissions not involving moral turpitude but affecting internal discipline, including simple misconduct or negligence, insubordination, frequent absences and tardiness, habitual drunkenness, and gambling prohibited by law.
Choosing the Chief of Police process
- The circular provides that in choosing the COP in the locality, the mayor must observe COP qualification requirements and the selection procedures.
- The circular states that no person shall be appointed as chief of a city police station unless he/she is a graduate of Bachelor of Laws or has finished all required courses in a master’s degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, or other related disciplines from a recognized institution.
- The circular states that no person shall be appointed as chief of a municipal police station unless he/she has finished at least second year Bachelor of Laws or has earned at least 12 units in the relevant master’s degree programs from a recognized institution.
- The circular allows qualification exceptions for members of the Bar with at least 5 years of law practice, licensed criminologists, or graduates of the Philippine National Police Academy, provided they possess general PNP initial appointment qualifications.
- The circular adds that the appointee must have successfully passed the required field training program and complied with other Commission requirements.
- The circular sets the COP selection pipeline for Municipalities and Component Cities:
- The Provincial Director (or designated District Director under NCRPO) through the PNP Regional Director must submit within 15 days before the expiration of the incumbent COP’s tour of duty a list of five (5) qualified eligibles and their personal information folders to the Napolcom Regional Director for review and confirmation within 5 working days.
- If the tour is shortened due to exigencies or to maintain integrity, submission must occur within 5 days after relief/reassignment, with confirmation within 5 working days.
- The Deputy Chief of Police performs the functions of the relieved/reassigned COP until a new COP or OIC is designated.
- If the list is in order, the Napolcom Regional Director confirms and returns it to the Provincial/District Director through the PNP Regional Director for immediate transmittal to the mayor within 5 working days from receipt.
- If any recommendee is unqualified, the Napolcom Regional Director must return the list within 5 working days, stating specific reasons and instructing replacement with qualified officers.
- The mayor must evaluate and signify the written choice of COP within 5 working days, after which the Provincial/District Director issues the Order of Assignment.
- If the mayor fails to choose within the 5-day period, the process requires returning the list within 5 working days, requiring a replacement list within 5 days, and recommending an OIC designation for a period not to exceed 30 days; any continued failure elevates the matter to the Napolcom Regional Director for resolution within 5 days, immediately executory unless appealed to the Commission en banc within 5 days.
- The Provincial/District Director must furnish copies of the Order of Assignment or OIC designation to the mayor, PNP, and Napolcom Regional Director.
- The circular sets parallel pipelines for Highly-Urbanized Cities and Independent Component Cities, including the District Directors of Manila and Quezon City:
- The PNP Regional Director submits within 15 days before expiration a list of five (5) qualified eligibles; or within 5 days after urgent relief/reassignment.
- Napolcom Regional Director evaluates and returns within 5 working days.
- The Napolcom Regional Director returns lists not meeting qualifications within 5 working days with reasons and instruction to replace.
- The PNP Regional Director transmits the reviewed list to the city mayor (or district director for Manila and Quezon) within 5 days, and the mayor selects within 5 days.
- Failure to choose follows the same return/replacement/OIC and elevation mechanics, with 5-day resolution and 5-day appeal window to Commission en banc, and decisions immediately executory.
- The circular sets a distinct pipeline for Station Commanders in the Western Police District and Central Police District (Manila and Quezon City):
- The Police District Director submits within 15 days before expiration a list of five (5) qualified and eligible officers to the City Mayor, copied to NCRPO Director and the Napolcom NCR Regional Director, for evaluation and confirmation.
- The City Mayor evaluates within 5 working days and endorses choice in writing to the Police District Director, who issues the Order of Assignment.
- Failure to choose triggers returning the list within 5 working days, requiring replacement within 5 days, and recommending OIC for not to exceed 30 days, with elevation and 5-day resolution and 5-day en banc appeal window.
- The Police District Director furnishes copies of the Order of Assignment or OIC designation.
Selection limitations and eligibility priorities
- The circular requires that COP or OIC designations must be limited to persons who meet the qualifications for the position as provided by law.
- The circular requires that the responsible director include in the list of recommendees qualified officers already assigned in the police station, as applicable.
- When no qualified officers exist in the police station, the circular requires applying qualification assignment priorities:
- 1st priority: officers assigned to cities/municipalities within the province, including the Police Provincial Office (PPO) and District Office;
- 2nd priority: officers assigned to cities/municipalities in other provinces within the region, including the Police Regional Office;
- 3rd priority: officers assigned to cities/municipalities outside the region (other Police Regional Offices, National Headquarters, National Support Units).
- The circular requires a certification of non-availability of qualified COP/OIC officers issued by the appropriate authority (Police Provincial Director, Police Regional Director, or Director of DPRM), as the case may be.
- The circular requires that any qualified police officer who refuses designation as COP/OIC must execute a waiver stating the reasons for non-acceptance.
Recommending appointments and recruitment mechanics
- The circular provides that in recommending appointments of new PNP members assigned to cities/municipalities, the mayor must observe general qualifications for appointment.
- The circular restates the general PNP appointment qualifications under Section 14 of R.A. No. 8551, including Philippine citizenship, good moral conduct, passing psychiatric/psychological, drug, and physical tests, formal baccalaureate degree, eligibility under Commission standards, and exclusions such as dishonorable discharge, dismissal for cause, and final judgment for crimes involving moral turpitude.
- The circular also restates height and weight standards and age range, requiring:
- Minimum height 1.62 m. for male and 1.57 m. for female;
- Not more or less than 5 kilograms from the standard weight corresponding to height, age, and sex; and
- Age not less than 21 nor more than 30 years.
- The circular requires that proposed appointees possess appropriate eligibility acquired through examinations from any of:
- PNP Entrance Examination;
- R.A. No. 1080 (Bar and Board Examinations);
- R.A. No. 6506 (Licensure Examination for criminology graduates);
- P.D. No. 907 (Granting Civil Service Eligibility to College Honor Graduates).
- The circular operationalizes the recruitment/appointment procedure with fixed timelines:
- Applicants submit application papers at the Office of the City/Municipal Mayor (or are advised to submit there if they file with PNP offices).
- Immediately upon receipt, the mayor refers applicants to the local peace and order council (POC) for a screening schedule.
- The POC evaluates within 5 working days to determine qualification and inclusion in the Napolcom Roster of Certified Eligibles.
- The POC endorses within 2 working days to the mayor names of qualified applicants.
- The mayor recommends to the PNP Provincial/District Screening Committee through the Provincial/District Director within 3 working days from the POC endorsement, in the order of preference and according to the recruitment quota.
- If qualified applicants are less than the quota or none are qualified, the mayor must consider applicants from other localities in priority order: adjacent cities/municipalities, then within the province/district, then within the region, then other regions.
- The PNP Provincial/District Screening Committee conducts background investigation, initial interview, validates documents, and ensures compliance within 10 working days, then endorses to the PNP Regional Screening Committee for final evaluation.
- Final evaluation includes physical agility test, drug test, neuro-psychiatric examination, and medical and dental examination within 10 working days.
- The PNP Regional Screening Committee submits the proposed appointees to the Napolcom Regional Director within 10 working days for approval and certification.
- The Napolcom Regional Director returns the approved and certified list within 3 working days.
- The PNP Regional Director issues appointment papers to certified qualified and eligible candidates within 3 working days.
- Appointment papers are forwarded to the Regional Civil Service Commission (CSC) for attestation within 2 working days.
- The Regional CSC attests and returns appointments to the PNP Regional Director.
- The PNP Regional Director informs the mayor within 5 working days from receipt of attested appointments and furnishes copies to Napolcom Regional Director, PNP Provincial Director, and Chief of Police.
- Newly appointed or newly assigned policemen make a courtesy call on the mayor before assuming duties.
- The circular requires dissemination steps when recruitment quota information exists:
- Upon receipt of notice that the city/municipality has a recruitment quota, a Notice of Recruitment must be posted at the city/municipal hall and in at least three (3) strategic places.
- The circular provides for recruitment quota composition and filling mechanics:
- The annual recruitment quota consists of new positions authorized by the DBM and vacancies due to attrition.
- Any vacancy in a city/municipal police station due to attrition must be filled by a qualified recommendee of the City/Municipal Mayor.
- The allocation depends among other factors on the state of peace and order, police density, actual demands of service, and the class of city/municipality.
- City/Municipal Mayors are informed of recruitment quota by the Provincial Director through the Chief of Police.
- The circular requires that City/Municipal Mayors recommend promotions of qualified and eligible members/officers assigned in the area of responsibility to the appropriate PNP offices.
Recall/reassignment and assignment controls
- The circular requires that recommendations to recall or reassigned the COP must be driven by paramount public service and interest.
- The circular directs that recall/reassignment recommendations must not function as a reward for past favors or as partisan-political action.
- The circular requires the local POC to conduct a public hearing or dialogue among a cross section of the community before any recommendation on recall or reassignment to ascertain the COP’s effectiveness in combating crime or maintaining peace and order.
- The circular states recall/reassignment may become unnecessary when it is publicly known that the COP has become incompetent shown by rampant criminality, proliferation of illegal activities, breakdown of peace and order, and involvement of police officers in nefarious activities.
- The circular requires that a recommendation for recall or reassignment be embodied in a resolution approved and signed by a majority of local POC members.
- The circular limits tour of duty for police officers assigned to key PNP positions to a maximum of two (2) years, and provides that on the first year, relief or recall from duty must not occur except for cause with appropriate administrative disciplinary measures.
- The circular prohibits relieving or recalling a police officer from assignment or position on account of change of leadership either on the part of the PNP or the local government.
- The circular requires consultation with the mayor when higher PNP officials relieve or reassign the COP unless relief/reassignment is urgently required by needs of service or to maintain the integrity of the police station; when urgent, the PNP official must inform the mayor within 48 hours.
Reassignment/detail of PNP members
- The circular frames mayoral recommendations for reassignment/detail as positive measures to enhance police service.
- The circular directs that reassignment or detail outside the mayor’s city/municipality must not be used as disciplinary action.
- The circular requires mayoral recommendations to be based on one or more grounds: ineffective discharge of duties; protecting the image or good name of the city/municipality; preventing harm to the police officer concerned; or precluding harassment of the community by a PNP member.
- The circular requires that the recommendation be embodied in a resolution of the city or municipal council.
- The circular requires the COP to inform the mayor within 48 hours of new policemen assignments to the mayor’s city/municipality.
- The circular requires a courtesy call on the mayor by new recruits and newly assigned police before performing duties.
- The circular requires consultation with the mayor when the COP intends to relieve or reassign a policeman in the mayor’s station unless urgent need exists or integrity must be maintained; urgent relief/reassignment must be reported to the mayor within 48 hours.
Inspection and audit obligations
- The circular provides that mayors conduct inspection and audit to promote effectiveness and economy in local police administration and operations.
- The circular mandates regular inspection and audit by the city/municipal mayor for specified objectives, including program review, evaluation of strengths and weaknesses, assistance in implementing police reforms, and submitting semi-annual reports to the Napolcom on administration, operation, and impact on peace and order and social-economic conditions.
- The circular defines inspection scope covering organizational structures and personnel numbers (uniformed and non-uniformed) by rank/designation, highest educational level, eligibility, nature of appointment, training, sex, and age.
- The circular requires inspection coverage of incidence of administrative disciplinary and/or criminal cases, including respondent name and rank, nature of offense, and case status.
- The circular requires inspection coverage of promotions and other personnel movements, including separations from service within one (1) year before initial inspection broken into resignation, optional retirement, early retirement, compulsory retirement, expiration of appointment, transfer, disciplinary action, and disability/death.
- The circular requires inspection coverage of existing programs/projects/activities such as Community-Oriented Policing System (COPS), Women and Children’s Protection Desk, Complan Patnubay (previously Complan Pagbabago), LOI Banat, Anti-Illegal Gambling Campaign, Job Enrichment Program, and Police-Community Relations Program.
- The circular requires inspection coverage of existing systems/procedures on personnel transactions, development, relations, discipline procedures (including preventive suspension and appeal), and submission of assets and liabilities and maintenance of attendance cards/logbooks, and requires review of standard operating procedures across patrol, intelligence, criminal detection and investigation, traffic enforcement and accident investigation, and other fields.
- The circular mandates inspection coverage of budgetary and logistical support, including MOOE categories (02 traveling expenses; 03 communication services; 04 repair and maintenance of government facilities; 05 repair and maintenance of government vehicles; 06 transportation services; 07 supplies and materials; 08 rents; 14 water illumination and power services; 17 training and seminar expenses; 23 gasoline, oil and lubricants; 29 other services) and equipment/resources.
- The circular requires that inspection includes level of performance/accomplishments through survey of public perception, analysis of crime reports, and other specified measures of police performance.
- The circular provides for two kinds of inspection and audit: regular and special.
- Regular inspection is periodic appraisal of all items covered and is scheduled at the first month of every quarter.
- The initial regular inspection of city/municipal police stations for the current year must be completed before the end of FY 2002.
- Regular inspection involves examination and analysis of police records, statistics, procedures, station inspection reports, and interviews with officers/members, persons involved in police incidents as victims or suspects, the general public, and observation of building/quarters/offices, detention cells, equipment, and personnel actions/behaviors.
- Special inspection covers specific areas of concern and inquiries into reported irregularities.
- The mayor may conduct spot inspections and audits.
- The circular requires a structured procedure for inspection and audit:
- Formulate an annual inspection program based on Napolcom guidelines;
- Organize an inspection team of city/municipal officials and NGO members, with a Napolcom Regional Office representative possibly included;
- Coordinate with COP/District Director/Station Commander before regular inspection on schedule and document availability;
- Conduct pre-inspection briefing;
- Conduct rank inspection prior to inspection proper;
- Meet with station leadership and members to inform purpose, scope, focus, duration, and team members;
- Gather data through interviews, observation, and documentary examination;
- Validate and document findings;
- Conduct a post-inspection briefing and immediately address problems solvable at the level of COP/District Director/Mayor;
- Prepare the inspection report within 10 working days from the last day of the inspection in five (5) copies, furnishing provincial governor, PNP Provincial/District Director, Napolcom Regional Director, and PNP Regional Director, with one copy retained by the mayor.
- The circular requires accomplishment of forms by the COP/District Director for submission before scheduled inspection, including:
- Police Station Profile (Annex A);
- Roster of Police Personnel (Annex B);
- Report of Administrative Disciplinary Cases Filed Against Members of the Police Station (Annex C).
Seminars and training duties
- The circular implements the statutory duty of city/municipal mayors to sponsor periodic seminars for PNP members assigned or detailed in their city/municipality to update them on local ordinances and legislations.
- The circular requires that seminars and trainings include:
- A job enhancement training program and required training modules formulated based on inspection findings and members’ training profile.
- Submission of the proposed training program copy to Napolcom through the Napolcom Regional Director.
- Implementation of the training program by the mayor.
- The circular requires training design elements including orientation on the assigned place/city/municipality and local government unit history, geography, population, and topography; moral and professional ethics in public service; functional relationships between the local chief executive and the chief of police; basics of effective policing; personality and human relations; and briefing/update on city/municipal ordinances and legislations.
- The circular requires the mayor to submit an after-training/seminar report including recommendations to the Commission after seminars/trainings.
Integrated area/community safety plan
- The circular requires city/municipal mayors to develop and establish an Integrated Area/Community Public Safety Plan in coordination with the local peace and order council (which the mayor chairs pursuant to Executive Order No. 309, as amended).
- The circular requires the plan to embrace priorities of action and program thrusts for implementation by local PNP stations.
- The circular requires mayors, to guide control of criminality and public safety, to:
- Assess the state of order using five basic problem parameters: magnitude, rate of change, seriousness, locality/concentration, and who causes the problem;
- Identify and rank major problems affecting peace and order;
- Determine resources and constraints that might limit success;
- Identify strategies, programs, and projects to resolve identified problems, defining strategy, program, and project as sets of actions/activities aimed at goals and purposes within defined time frames.
- The circular requires monthly monitoring of implementation of city/municipal public safety plan programs and projects and furnishing monitoring reports to the Napolcom Regional Director, PNP Regional Director, Police Provincial/District Director, and Governor.
- The circular requires annual evaluation of plan effectiveness at the end of the year and furnishing evaluation reports to the same officials and Governor.
- The circular requires submission of a copy of the city/municipal public safety plan to the Napolcom Regional Office at year-end.
Automatic deputation and deputation withdrawal
- The circular states that governors and mayors, upon election and qualification, are automatically deputized as representatives of Napolcom in their respective jurisdiction.
- The circular provides that, as deputized agents of Napolcom, local government executives may inspect police forces and units, conduct audit, and exercise other functions duly authorized by Napolcom.
- The circular provides that statutory deputation of local chief executives may be withdrawn unless reversed by the President, upon Commission action after consultation with the Provincial Governor and Congressman concerned.
- The circular lists grounds for suspension or withdrawal of deputation: frequent unauthorized absences; abuse of authority; providing material support to criminal elements; and engaging in acts inimical to national security or that negate the effectiveness of the peace and