Law Summary
Persistent Prevalence of Illegal Gambling
- Ongoing proliferation of jueteng and similar illegal gambling activities across the country despite previous campaigns.
- Public perception links the thriving of such activities to the complicity or tolerance of local executives and law enforcement.
Governance Principles Underpinning the Campaign
- Campaign aligned with President Gloria Macapagal-Arroyo's governance pillars: moral foundation, transparency, and effective implementation.
- Emphasis on revisiting operational strategies for a unified and resolute approach.
Directives to Philippine National Police (PNP)
- All PNP units designated as the primary enforcement body in the campaign.
- Requirement for PNP units to coordinate with local Peace and Order Councils and other organizations.
Application of the Doctrine of Command Responsibility
- Strict enforcement of command responsibility within the PNP to ensure accountability.
- Executive Order No. 226, Sections 1 and 2 cited to illustrate neglect of duty and presumption of knowledge.
- Officials accountable if they fail to prevent or address known illegal gambling activities.
Specific Conditions for Administrative Charges Under the Doctrine
- Criteria for holding PNP officials liable for serious neglect of duty include:
- Three or more separate raids by external law enforcement units resulting in arrests or seizures within a commander's jurisdiction.
- Receipt of detailed reports on illegal gambling activities without corrective action within one week.
- Reports from Regional Multi-Sectoral Monitoring Teams (RMMT) confirming illegal gambling present for two consecutive months without action.
- Affidavits from individuals of integrity attesting to ongoing illegal gambling activities.
Enforcement Procedures and Consequences
- Officials falling under specified conditions will be relieved from duties and subjected to a pre-charge investigation completed within fifteen days.
- Upon probable cause, officials will face preventive suspension pending formal inquiry following Napolcom regulations.
Integration of Anti-Illegal Gambling Performance in Evaluations
- The Commission will assess anti-illegal gambling campaign performance before recommending or approving officer promotions.
Supersession of Previous Issuances and Effective Date
- Modification or repeal of conflicting previous Napolcom issuances to ensure consistency with this directive.
- The memorandum circular takes effect fifteen days after its publication in a newspaper of general circulation.
- Filing of the circular with the UP Law Center in compliance with administrative requirements.