Title
PNP Campaign vs. Jueteng Illegal Gambling
Law
Npc Memorandum Circular No. 2002-005
Decision Date
Apr 12, 2002
The Philippine National Police is mandated to launch an all-out campaign against jueteng and other illegal gambling activities, enforcing strict accountability measures under the Doctrine of Command Responsibility for law enforcement officials who fail to act against these vices.
illegal gambling
jueteng
police authority

Legal basis and earlier governing framework

  • The Commission acts in the exercise of its administration and control function over the PNP.
  • The campaign is grounded on the constitutional mandate and statutory powers under Republic Act No. 6975, as amended.
  • The circular references an earlier Commission memorandum circular that defined the role of provincial governors and city and municipal mayors as deputies of the Commission in the anti-jueteng campaign.
  • The circular institutionalizes accountability under the Doctrine of Command Responsibility by quoting Executive Order No. 226 (February 17, 1995).

Purpose and policy objectives

  • The circular recognizes that previous campaigns to stamp out jueteng and other illegal gambling activities had been short of community expectation, with the vices continuing to proliferate in many areas.
  • The circular states that jueteng and other illegal gambling activities will not thrive without connivance, protection, or tolerance of law enforcement officers and local government executives.
  • The circular requires a unified and resolute operational strategy to stop and eradicate jueteng and other illegal gambling activities.
  • The circular mandates strict application of command responsibility so commanders are accountable for failure to prevent or correct illegal acts within their area of responsibility.
  • The circular establishes a policy evaluation rule for promotions based on performance in the anti-jueteng campaign.

Covered campaign and operational duties

  • All PNP units are designated as the primary and principal law enforcement arm in the national campaign against jueteng and other illegal gambling activities.
  • PNP units must closely liaise and directly coordinate with local Peace and Order Councils, Law Enforcement Coordinating Councils, and other public and private organizations actively involved in the campaign.
  • The circular requires strict application of the Doctrine of Command Responsibility at all levels of command in the PNP for operational effectiveness in the campaign.
  • The circular targets PNP leadership and down to the lowest officer or unit commander to immediately undertake the campaign.

Doctrine of Command Responsibility: accountability rule

  • Executive Order No. 226, Section 1 establishes that any government official or supervisor, or any PNP officer or officer of any other law enforcement agency, is held accountable for Neglect of Duty under the Doctrine of Command Responsibility if the official has knowledge that a crime or offense is committed, being committed, or has been committed by subordinates or others within the official’s area of responsibility and fails to take preventive or corrective action either before, during, or immediately after its commission.
  • Executive Order No. 226, Section 2 creates a presumption of knowledge for a government official or supervisor, or a PNP commander, when any of the following circumstances exist:
    • the irregularities or illegal acts are widespread within the official’s area of jurisdiction;
    • the irregularities or illegal acts have been repeatedly or regularly committed within the official’s area of responsibility; or
    • members of the official’s immediate staff or office personnel are involved.

When PNP commanders face Serious Neglect of Duty

  • PNP officials or unit chiefs who fail or refuse to stop and eradicate jueteng and other illegal gambling activities are administratively chargeable for Serious Neglect of Duty under the Doctrine of Command Responsibility.
  • Administrative liability under the doctrine is without prejudice to criminal prosecution under the Revised Penal Code and special laws, when applicable.

Specific triggers for administrative charging

  • PNP Regional Directors are chargeable when three (3) or more separate raids/operations conducted in any part of a region by a PNP unit not organic to the region or any authorized law enforcement agency result in the arrest of violators of PD 1602 and/or the confiscation of gambling paraphernalia, including bulilyo, lastilyas, cotejo, bets, and other related items.
  • PNP Provincial Directors are chargeable when three (3) or more separate raids/operations in any part of the province by a PNP unit not organic to the province or any authorized law enforcement agency result in the arrest of violators of PD 1602 and/or the confiscation of gambling paraphernalia, including bulilyo, lastilyas, cotejo, bets, and other related items.
  • City/Municipal Chiefs of Police are chargeable when three (3) or more separate raids/operations in any part of the city/municipality by a PNP unit not organic to the city/municipality or any authorized law enforcement agency result in the arrest of violators of PD 1602 and/or the confiscation of gambling paraphernalia, including bulilyo, lastilyas, cotejo, bets, and other related items.
  • Regional Director, Provincial Director, and City/Municipal Chief of Police are chargeable when a report on raids/operations is forwarded to them by the raiding/operating team detailing the arrests and/or confiscated gambling paraphernalia and other matters indicating illegal gambling in the area, and the concerned commander does not take preventive or corrective action within one (1) week from receipt of the report.
  • Regional Multi-Sectoral Monitoring Team (RMMT) monitoring furnishing triggers charging when the RMMT on Anti-Gambling furnishes the concerned PNP officer copies of its monitoring report and certifications duly signed by the RMMT Chair and members on the existence of illegal gambling in a particular city/municipality for two (2) consecutive months, and the concerned PNP officer fails or refuses to take preventive or corrective action within one (1) week reckoned from receipt of the RMMT report.
  • Charging applies when two (2) or more individuals of known probity and integrity execute an affidavit or sworn statement attesting to the existence and continuing operation of illegal gambling in the commander’s area of responsibility, attaching documents or items proving the same.

Relief, pre-charge investigation, and suspension

  • Any PNP Regional Director, Provincial Director, or City/Municipal Chief of Police who falls under the triggering circumstances must be relieved of assignment and a pre-charge investigation must be conducted.
  • The pre-charge investigation must be terminated within fifteen (15) days.
  • If probable cause is found, the concerned police officer must be placed under preventive suspension pending formal investigation in accordance with NAPOLCOM Memorandum Circular No. 98-014.

Promotion policy and modification of inconsistent rules

  • Before recommending or approving any promotion of a PNP officer—both in rank and assignment—the Commission must assess and evaluate the performance of the recommendee in the campaign against jueteng and other illegal gambling activities.
  • Any NADPOLCOM issuances or portions thereof that are contrary to or inconsistent with the circular are modified or repealed accordingly.

Adoption and signatories

  • The circular is adopted on April 12, 2002.
  • It is signed by JOSE D. LINA, JR. (Chairperson), ROGELIO A. PUREZA (Commissioner Vice-Chairman and Executive Officer), EDGAR DULA TORRES (Commissioner), JOSE PERCIVAL L. ADIONG (Commissioner), LINDA MALENAB-HORNILLA (Commissioner), and P/DG LEANDRO R. MENDOZA (Commissioner).
  • It is attested by REYNALDO JD CUADERNO (Deputy Executive Director IV).

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