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PRESIDENTIAL DECREE NO. 1162
PRESIDENTIAL DECREE NO. 1162 -
PROVIDING FOR SUPERVISORY AUTHORITY OF LOCAL EXECUTIVES OVER CERTAIN
UNITS OF THE INTEGRATED NATIONAL POLICE AND FOR OTHER PURPOSES
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WHEREAS,
pursuant to Section 12, Article XV of the Constitution of the
Philippines, Presidential Decree No. 765, dated August 8, 1975 has been
promulgated creating the Integrated National Police;chanroblesvirtualawlibrary
WHEREAS, Presidential Letter of Instructions No. 337 was issued on
November 17, 1975 to delineate the functions and define the
relationships between the local civil officials, on the one hand, and
the Integrated National Police, on the other hand, relative to the
maintenance of peace and order and public safety; chanroblesvirtualawlibrary
WHEREAS, there are some portions of various provinces, cities and
municipalities in the country where disorder, riot, lawless violence,
rebellious or seditious conspiracy, insurgency, subversion or other
criminal activities have taken, or are in danger of taking place to the
extent of adversely affecting peace and order and public safety therein
and thereby hamper the progress and effective implementation of
economic, social, political and other development programs;chanroblesvirtualawlibrary
WHEREAS, in order to deal swiftly and effectively with any of the
aforesaid situations towards the restoration of peace and order and
public safety in affected localities, and in the furtherance of local
autonomy as enunciated in the Constitution, it is expedient that the
Governors, City and Municipal Mayors concerned be vested with the
necessary authority pertinent to the employment or deployment of units
or elements of the Integrated National Police stationed within their
respective geographical areas; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree, as part of the law of the
land, the following: chanroblesvirtualawlibrary
Section 1. Definition of Terms. — For purposes of
this Decree, the following terms shall mean and be interpreted as
hereunder indicated:cralaw:red
a. "Units". — It refers to organized elements of the
police, fire or jail personnel of the Integrated National Police.
b. "Employ". — It refers to the utilization of units
or elements of the Integrated National Police for the purpose of
protection of lives and properties, enforcement of laws, maintenance of
peace and order, prevention of crimes, arrest of criminal offenders,
investigation of the commission of crimes and offenses and bringing the
offenders to justice, prevention and control of fires, and insuring
public safety, particularly in the suppression of disorder, riot,
lawless violence, rebellious or seditious conspiracy, insurgency,
subversion, or other criminal activities.
c. "Deploy". — It shall mean the orderly and
organized physical movement of elements or units of the Integrated
National Police within a province, city or municipality for purposes of
employment as herein defined.
d. "General Supervision". — It is the power to see to
it that the units or elements of the Integrated National Police perform
their duties properly according to existing laws and the rules,
regulations and policies promulgated by competent authority in order
that the overall mission of the Integrated National Police in
maintaining law and order and insuring public safety in any province,
city or municipality shall be effectively achieved. This power of
general supervision shall include the following:cralaw:red
(1) The authority to call upon the appropriate
Commander or elements of the Integrated National Police to suppress
violence or disorder, enforce the law, maintain peace and order, and
insure public safety;chanroblesvirtualawlibrary
(2) The authority to call the local Commander or
Officer-in-Charge of the station or unit of the Integrated National
Police to meetings and conferences on matters of public interest;chanroblesvirtualawlibrary
(3) The authority to require assistance from such
station or unit in the interest of general public service, provided the
primary missions of said unit are not prejudiced;chanroblesvirtualawlibrary
(4) The right to be informed by the local Commander
or Officer-in-Charge of the station or unit of the peace and order
situation in the locality, and the crime prevention and public safety
programs being undertaken;chanroblesvirtualawlibrary
(5) The authority to give appropriate guidance to
said local Commander or Officer-in-Charge provided the same does not
conflict with the primary mission of their station or unit, and to
caution them if they do not perform their duties/missions properly;chanroblesvirtualawlibrary
(6) The authority to render appropriate reports and
recommendations to higher headquarters of the Integrated National
Police if after giving such guidance, said elements misbehave or fail
to perform their duties in accordance with laws, rules or existing
policies; and
(7) The authority to file proper administrative
and/or criminal actions in accordance with existing laws and
regulations in cases of breaches of discipline and derelictions of duty
by personnel of the Integrated National Police.
e. "Operational Supervision and Direction". — It is
the power to see to it that the units or elements of the Integrated
National Police perform their duties properly according to existing
laws and the rules, regulations and policies promulgated by competent
authority, and the power to employ or deploy such units or elements, in
coordination with the Provincial or District Police Superintendent,
Station Commander or Officer-in-Charge to insure public safety and the
effective maintenance of peace and order within the locality. chanroblesvirtualawlibrary
f. "Embattled Area". — It is an area such as a
portion of a province, city or municipality, where there is actual or
imminent danger of disorder, riot, lawless violence, rebellious or
seditious conspiracy, insurgency, subversion or other criminal
activities of such magnitude as to greatly endanger lives and
properties and set back or hamper the progress and effective
implementation of the economic, social, political and other development
and reform programs therein.
Section 2. Exercise of General Supervision. — The
Governor of Metropolitan Manila, the provincial governors, the city
mayors and the municipal mayors shall have the power to exercise
general supervision over units or elements of the Integrated National
Police stationed or assigned within their respective jurisdictions.
Section 3. Operational Supervision and Direction by
Local Executives. — Whenever any portion of Metropolitan Manila, or
province, city or municipality becomes an embattled area as defined in
Section 1 hereof, the President of the Philippines upon the
recommendation of the Secretary of National Defense may, place the
units or elements of the Integrated National Police stationed or
assigned in such embattled area under the operational supervision and
direction of the Governor of Metropolitan Manila or the provincial
governor, city or municipal mayor as the case may be. For this purpose,
the Chief of Constabulary/Director General of the Integrated National
Police shall make timely assessments of the peace and order and public
safety conditions in Metropolitan Manila and in each province, city or
municipality to determine the actual or impending existence of an
embattled area therein.
Section 4. Termination of Authority. — Whenever any
portion of Metropolitan Manila or a province, city or municipality has
ceased to be an embattled area or whenever the power of operational
supervision and direction is abused thru improper or illegal
utilization of the units or elements of the Integrated National Police
therein thus negating the effectiveness of the overall peace and order
campaign, the Chief of Constabulary/Director General of the Integrated
National Police, may recommend to the President the termination of such
authority that may have been granted to the Governor of Metropolitan
Manila or to a provincial governor, city or municipal mayor.
Section 5. Duty of Local Commanders Towards Local
Executives. — The local Commanders of the Integrated National Police
units shall keep the local executives informed of the peace and order
situation within their respective jurisdictions, and such other matters
relative to law and order and public safety; they shall cooperate
and/or coordinate with the said civil officials for the effective and
faithful execution of law enforcement and public safety programs in
their respective jurisdictions.
Section 6. Cooperation and Assistance. — The local
officials in their respective areas of responsibility shall extend the
necessary support, cooperation and assistance to the units of the
Integrated National Police in order to enable the latter to perform
their principal duty preserving peace and order and insuring public
safety therein. chanroblesvirtualawlibrary
Section 7. Administrative Supervision and Control. —
The power of administrative supervision and control vested by Section 9
of Presidential Decree No. 765, dated August 8, 1975, in the Integrated
National Police and in the National Police Commission shall remain with
said agencies: Provided, That wherever the Integrated National Police
personnel strength is not adequate to effectively deal with, suppress
or prevent the actual or imminent disorder, riot, lawless violence,
rebellious or seditious conspiracy, insurgency, subversion or other
criminal activities the Chief of Constabulary/Director General of the
Integrated National Police is hereby authorized to waive all
qualifications, except citizenship and moral, mental and physical
fitness, for the selection and appointment of additional members in the
Integrated National Police: Provided further, That in issuing such
waivers, the Chief of Constabulary/Director General of the Integrated
National Police shall take into consideration such factors as
possession of relevant qualifications, skills, training, and/or
experiences in police, public safety or allied services, and the
geographical location of police or fire station or jail concerned:
Provided furthermore, That only temporary appointments may be extended
under this section until the prescribed training shall have been
satisfactorily completed by the appointee concerned to compensate for
the lack of educational qualifications: and Provided finally, That such
appointments shall be exempts from attestation by the National Police
Commission as prescribed in Republic Act No. 4864, otherwise known as
the Police Act of 1966, as amended.
Section 8. Testimonial Civil Service Eligibility. —
Members of the Integrated National Police so appointed in accordance
with preceding section shall be given special training as prescribed by
the Chief of Constabulary/Director General of the Integrated National
Police, in addition to the usual basic course for all members. After
the completion of three years of satisfactory and faithful service from
the date of their original appointment and after having successfully
completed the prescribed special and basic training, said members shall
be granted testimonial civil service eligibility by the National Police
Commission; thenceforth, they shall be eligible for permanent
appointment in the Integrated National Police. chanroblesvirtualawlibrary
Section 9. Funding for the Employment, Deployment,
Equipage and Additional Personnel of the Integrated National Police. —
The National Government shall provide such additional funds as may be
needed to adequately support the activities relative to the employment
and deployment of units or elements of the Integrated National Police
in embattled areas as herein contemplated, as well as the appointments
of additional personnel authorized in the preceding Section 7 hereof,
including their training, equipage, compensation and other benefits.
For this purpose the Chief of Constabulary/Director General of the
Integrated National Police shall submit to the President, through the
Secretary of National Defense, a supplemental budgetary program to
carry out the purposes of this Decree which shall be exempt from the
usual budgetary ceiling.
Section 10. Appropriation. — The sum of fifty million
pesos (P50,000,000) is hereby appropriated out of the funds of the
National Treasury not otherwise appropriated for the effective
implementation of this Decree. Thereafter, such sums as are necessary
to meet the funding requirements referred to in the preceding Section 9
hereof shall be appropriated yearly out of the funds of the National
Treasury not otherwise appropriated.
Section 11. Rules and Regulations. — The Chief of
Constabulary/Director General of the Integrated National Police shall,
subject to approval by the Secretary of National Defense, promulgate
the necessary rules and regulations for the effective implementation of
this Decree.
Section 12. Repealing Clause. — The provisions of all
laws, decrees, orders, instructions, rules and regulations which are
inconsistent with this Decree are hereby repealed or modified
accordingly. chanroblesvirtualawlibrary
Section 13. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 8th day of June in the year of Our Lord, nineteen hundred and
seventy-seven.
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