PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

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PRESIDENTIAL DECREES

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MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1016 September 22, 1976

PROVIDING FOR THE CREATION OF THE INTEGRATED CIVILIAN HOME DEFENSE FORCES

WHEREAS, in order to expedite the effective solution of the peace and order problems throughout the country and thereby accelerate national socio-economic development, it is necessary to adopt the concept of making Provincial Governors, City/Municipal Mayors, other civil officials and concerned citizens participate more actively in the maintenance of peace and order within their respective jurisdictions, what the support of the Department of National Defense, particularly the Armed Forces of the Philippines, and all other national agencies concerned;

WHEREAS, such concept is based on the right of citizens, singly or collectively, to self-defense and on their constitutional duty pursuant to Section 1, Article V of the Constitution;

WHEREAS, the aforestated concept calls for the organization of citizen volunteers and resources in a threatened locality into self-defense units capable of providing security to the community, helping to protect the lives and properties of the people against lawless elements and assisting in the maintenance of peace and order, in coordination with the law-enforcement agencies and the military forces operating therein;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree as part of the laws of the land, the following:

Section 1. Authority for the Organization of the Integrated Civilian Home Defense Forces. Subject to the approval of the Secretary of National Defense, an Integrated Civilian Home Defense Force may be organized in such provinces, cities, municipalities and barangays that are threatened by insurgency, rebellion, subversion, criminality and/or disorder, for the purpose of defending the community against the violence and lawlessness and of assisting law enforcement agencies in the maintenance of peace and order.

Sec. 2. Composition of Integrated Civilian Home Defense Forces. The Integrated Civilian Home Defense Forces herein authorized to be organized shall be composed of the following:

(a) The Civilian Home Defense Forces consisting of able-bodied civilian volunteers;

(b) Guards and watchmen of private and government security agencies licensed under the Private Security Agency Law, as amended;

(c) Special Home Defense or Regional Security Forces or any other local or special security forces such as those administered by the Armed Forces of the Philippines in Mindanao;

(d) Provincial guards;

(e) Civilian licensed firearm holders; and

(f) Auxiliaries.

Sec. 3. Organization Training and Equipment. The Secretary of National Defense shall see to it that the armed components of the Integrated Civilian Home Defense Forces herein authorized shall be properly controlled, organized, trained and equipped for the accomplishment of their mission.

Sec. 4. Screening and Appointment. Members of the Integrated Civilian Home Defense Forces shall be screened by the Provincial Commander, in consultation with Provincial Governors, City/Municipal Mayors and Barangay Captains concerned, and recommended to the Chief of Constabulary for appointment.

Sec. 5. Employment and Supervision. In coordination with commanders of military and Integrated National Police units in the area, the Provincial Governors and City/Municipal Mayors shall exercise general supervision in the employment, deployment or utilization of the Integrated Civilian Home Defense Forces to suppress or prevent disorder, riot, lawless violence and other criminal activities within their respective provinces, cities or municipalities.

Sec. 6. Benefits. Duly appointed members of the Integrated Civilian Home Defense Forces shall be entitled to benefits or allowances as may be authorized by the Secretary of National Defense.

Sec. 7. Rules and Regulations. The Secretary of National Defense shall promulgate such rules and regulations for the effective implementation of this Decree.

Sec. 8. Effectivity. This Decree takes effect immediately.

Done in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen hundred and seventy-six.