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PRESIDENTIAL DECREE NO. 421
PRESIDENTIAL DECREE NO. 421 -
INTEGRATION OF THE CITY/MUNICIPAL POLICE FORCES, JAILS AND FIRE
DEPARTMENTS WITHIN THE GREATER MANILA AREA
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WHEREAS,
the fact that the seat of the National Government is within the Greater
Manila area makes it an important hub of governmental, economic,
commercial, industrial, as well as diplomatic, tourists and other
related but varied activities, which requires the conglomeration of
large number of people, including foreigners;chanroblesvirtualawlibrary
WHEREAS, the proximity of centers of population, and the facility of
means of transportation,ded by the existence of separate, independent
police forces and facilities whose jurisdictions are restricted by
political/territorial boundaries renders the Greater Manila Area a
virtual haven for criminal elements, who pose a constant danger to the
public safety, peace, order and tranquility of the inhabitants therein;chanroblesvirtualawlibrary
WHEREAS, such danger can be prevented, contained and eliminated only
through a system of effective law-enforcement unhampered by
political/territorial considerations or the lack of unity and
coordination, not to mention the real or apparent rivalries, conflicts,
jealousies and indifference among the city/municipal police forces
operating in said area;chanroblesvirtualawlibrary
WHEREAS, effective law-enforcement can be attained only by integrating
into and constituting as one unit the said police forces as well as the
other facilities directly or indirectly connected with public safety
and the maintenance or peace and order, particularly the city/municipal
jails for the reformation/correction of offenders and fire departments
for the prevention of conflagration that cause economic and social
dislocations within the Greater Manila Area, in order that the same may
be cohesively organized, better coordinated and effectively directed;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, in my capacity as
Commander-in-Chief of all the Armed Forces of the Philippines pursuant
to Proclamations No. 1081, dated September 21, 1972 and No. 1104, dated
January 17, 1973 and General Order No. 1, dated September 22, 1972, do
hereby order and decree, as follows:cralaw:red
Section 1. Integration of city/municipal police
forces, jails and fire departments in the Greater Manila Area. — All
laws to the contrary notwithstanding, the police forces, jails and fire
departments of the Cities of Manila, Quezon, Caloocan and Pasay; and of
the Municipalities of Las Piñas, Muntinlupa, Parañaque,
Makati, Mandaluyong, San Juan, Marikina, Pasig, Pateros, Taguig,
Navotas and Malabon of the province of Rizal; and of the Municipality
of Valenzuela of the Province of Bulacan, as they are presently
organized and constituted, are hereby integrated into a unit to be
known as "METROPOLITAN POLICE FORCE", which shall be headed by the
Commanding General, Philippine Constabulary Metropolitan Command (PC
METROCOM).
Section 2. Jurisdiction of the Metropolitan Police. —
The Metropolitan Police Force shall be responsible for the public
safety and discharge the functions of the maintenance of peace, law and
order within the territorial limits of the cities and municipalities
mentioned in the preceding Section 1. As such it shall have the power
to prevent crimes, take necessary measures for public safety, effect
arrest of criminal offenders and investigate the commission of all
crimes and offenses therein and bring the offenders to justice.
Section 3. Direction and control over the
Metropolitan Police Force. — As head of the Metropolitan Police Force,
the Commanding General, PC METROCOM shall have the power of direction
and control thereof in the discharge of its functions as herein
provided.
Section 4. Extent of Direction and Control. — The
power of direction and control herein vested in the Commanding General,
PC METROCOM shall include the power to direct and control the tactical,
strategic movements, deployments, placements and/or utilization of the
entire Metropolitan Police Force or any of its elements and components,
equipment, facilities and other resources within its territorial
jurisdiction; the training of the members thereof, and such other power
that may be necessary to make operational direction and control real
and effective.
Section 5. Power of Administrative Control and
Supervision. — Administrative control and supervision over the several
police forces, jails and fire departments composing the Metropolitan
Police Force shall, prior to the transfer provided for in Section 6
hereof, remain with the offices, agencies and officials in which said
power is vested in accordance with existing laws: Provided, That such
power shall not be exercised in a manner that will adversely affect the
integrity, capability and operational efficiency of the Metropolitan
Police Force or any of its component/elements. Accordingly,
administrative matters such as, appointment, promotion, suspension,
separation and other administrative disciplinary action; grant/payment
of salary and/or allowances, compensation, leave and other benefits,
logistical support, and such other matters pertaining to personnel
administration, which are currently vested in and exercised by other
officials pursuant to existing laws, rules and regulations shall remain
with said officials; Provided, That in case of conflict between the
exercise of administrative supervision and control, on one hand and
operational direction and control, on the other hand, the latter shall
prevail. chanroblesvirtualawlibrary
Section 6. Administrative supervision and control to
be transferred to the Philippine Constabulary. — After one year, but
not later than two years, from the effectivity of this Decree, the
power of administrative control and supervision provided for in the
preceding Section 5 shall be taken over and exercised by the Philippine
Constabulary. For this purpose, the personnel, records, funds,
property, equipment, facilities and other resources being used by the
Metropolitan Police Force, including firearms, vehicles, communications
and criminal laboratory facilities, if any, shall be transferred to the
administration and custody of the Philippine Constabulary.
Section 7. Funding of the Metropolitan Police Force.
— Effective upon the transfer of the power of administrative control
and supervision over the Metropolitan Police Force to the Philippine
Constabulary as herein provided, each city and municipality shall
allocate not less than eighteen (18%) per centum of its annual budget
as its contribution for the maintenance of the Metropolitan Police
Force. The National Government shall provide subsidies and other types
of fund support to insure a minimum standard salary for the members
thereof and provide a modernization of their public safety
equipment/installations in accordance with existing laws and policies
or as may hereafter be provided.
Section 8. No reduction in salary. — This Decree
shall be implemented in such manner that will not result, except for
cause provided by law, in the reduction of salary among the personnel
of the Manila Metropolitan Police Force.
Section 9. Chief of Constabulary to Promulgate Rules
and Regulations. — The Chief of Constabulary shall, with the approval
of the Secretary of National Defense, promulgate the necessary rules
and regulations for the effective implementation of this Decree. chanroblesvirtualawlibrary
Section 10. Penal Provision. — Any person who
obstructs or interferes with the implementation of this Decree or of
the rules and regulations promulgated by the Chief of Constabulary in
accordance herewith directly or indirectly shall upon conviction,
suffer imprisonment of not less than three years nor more than six
years and/or a fine of not less than five thousand pesos, but not more
than ten thousand pesos at the discretion of the court.
When the offender is a public officer or employee, he may, in addition
be disqualified from holding public office or employment for life.
Section 11. Repealing Clause. — The provisions of
Republic Act No. 4864, otherwise known as the Police Act of 1966 as
amended by Presidential Decrees No. 1, dated September 22, 1972; No.
12, dated September 24, 1972; No. 12-A, dated October 4, 1972; No.
12-B, dated October 28, 1972 and No. 170, dated April 4, 1973; the
provisions of the City Charters of the Cities of Manila, Quezon,
Caloocan, and Pasay; the pertinent provisions of the Revised
Administrative Code, as amended, as well as all other provisions of
existing laws, rules and regulations which are inconsistent herewith
are hereby repealed or modified accordingly.
Section 12. Effectivity. — This Decree shall take
effect upon approval. chanroblesvirtualawlibrary
Done in the City of Manila,
this 21st day of March, in the year of Our Lord, nineteen hundred and
seventy-four.
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