EXECUTIVE ORDER NO. 1012
EXECUTIVE ORDER NO. 1012 -
PROVIDING MEASURES TO IMPROVE THE ADMINISTRATIVE AND OPERATIONAL
FRAMEWORK FOR MAINTAINING PEACE AND ORDER AT THE PROVINCIAL, CITY AND
MUNICIPAL LEVELS
WHEREAS, Article XV, Section 12, of the
Constitution provides that “(t)he State shall establish and maintain an
Integrated National Police Force whose organization, administration and
operation shall be provided by law;”
WHEREAS, Presidential Decree No. 765 established and constituted the
Integrated National Police, composed of the Philippine Constabulary as
the nucleus and the integrated police forces established under
Presidential Decree Nos. 421, 482, 531, 585 and 641, as components,
under the Ministry of National Defense;
WHEREAS, Presidential Decree No. 1162 provided for supervisory
authority of local executives over certain units of the Integrated
National Police;
WHEREAS, the present set-up has not been very effective and responsive
as a measure to deter the presence of communist and other subversive
elements in certain local areas and the resultant deterioration of
peace and order therein;
WHEREAS, local executives, while invariably being held responsible for
the maintenance of peace and order within their respective localities,
have no authority over the employment and deployment of local police
officers;
WHEREAS, to strengthen the counter-insurgency program, there is a need
to transfer the operational supervision and direction over units of the
Integrated National Police Force to local executives and to strengthen
the structure of the Civilian Home Defense Forces;
WHEREAS, under Presidential Decree No. 1416, as amended, the President
of the Philippines is empowered and authorized to undertake such
organizational and related changes in the Government set-up as may be
appropriate and responsive to new developments;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and by law,
particularly Presidential Decree No. 1416, as amended, do hereby order:
PART
1
OPERATIONAL SUPERVISION AND
DIRECTION OVER LOCAL POLICE FORCES
Section 1. The provisions of special or general laws
to the contrary notwithstanding, the operational supervision and
direction exercised by the Philippine Constabulary over all units of
the Integrated National Police (INP) force stationed or assigned in the
different cities and municipalities all over the country, is hereby
transferred to the city or municipal governments concerned, until
further orders from the President of the Philippines. The term
“Operational Supervision and Direction” shall be as defined in Section 1(e) of Presidential Decree No. 1162.
Whenever the power of operational supervision and direction is abused,
such that the effectiveness of the overall peace and order campaign is
negated, the President of the Philippines motu proprio, or upon
recommendation of the Provincial Commander/Provincial Police
Superintendent with the concurrence of the Regional Unified Commander,
may terminate the authority of the local executive(s) to exercise
operational supervision and direction over units of the Integrated
National Police, whenever in the judgment of the President the
exigencies so require.
In accordance with Sec. 2 of Presidential Decree No. 1162, the
Provincial Governors, City Mayors and Municipal Mayors shall have the
power to exercise general supervision over units and elements of the
INP stationed or assigned in their respective jurisdictions, and shall
accordingly exercise the powers and authorities provided for in Section 1(d) of said Presidential Decree No. 1162.
Sec. 2. All Provincial Governors, in coordination
with the corresponding Provincial Commander/Provincial Police
Superintendents, shall conduct an inventory of all policemen members of
the Integrated National Police in each municipality and component city
within the province for the purpose, among others, of determining the
actual number and the respective municipal or city residences of such
policemen. In highly urbanized cities, such inventory shall be
undertaken by the City Mayors in coordination with the INP Commanders
in such cities.
The term “policemen members” of the INP shall be interpreted to mean
the members of the local police forces which were made a component of
the INP as established by Presidential Decree Nos. 421, 482, 531, 585
and 641, including subsequent appointees to said police forces.
Sec. 3. After completion of the inventory, the
Provincial Commander/Provincial Police Superintendent, in coordination
with the Provincial Governor and the Municipal and City Mayors, shall
reassign and redistribute the policemen members of the INP to the
various municipalities and component cities in the province according
to the following criteria;
(a)
Number of population;
(b) Peace and
order situation; and
(c) Financial
contribution to the INP.
As required by the service, policemen members of the INP shall be
assigned to the municipality or city of their residence. Should this
action result in a depletion of the desired number of the police force
in any particular municipality or city based on the foregoing criteria,
the said police force shall be augmented by assigning thereto such
number of policemen who are residents of other municipalities and
cities within the province as may be necessary.
Sec. 4. Once the reassignments herein required are
in place, no further reassignment or detail of policemen outside their
respective towns or cities of residence shall be made without the
approval of the Municipal or City Mayor concerned. No appointment of
new policemen in any municipality or city shall be made, except upon
the recommendation of the Municipal or City Mayor therein. The new
appointees shall, as a general rule, be residents of the city or
municipality to where they are assigned or stationed.
Sec. 5. If, subsequent to the initial reassignment
and redistribution of policemen members of the INP pursuant to the
foregoing provisions, there should be a need under prevailing
circumstances to augment the police force in any municipality or city
in the province, such augmentation may be done either by reassignment
of policemen who are residents of other municipalities and cities
within the province in consultation with the local executives
concerned, or by new appointments subject to the recommendation of the
Municipal or City Mayor concerned.
Sec. 6. The reassignment by the Provincial
Commander/Provincial Police Superintendent of members of the police
force as envisioned in Sec. 3 and 4 above to municipalities and
cities in the province in consultation with the local executives
concerned, or by new appointments subject to the recommendation of the
Municipal or City Mayor concerned.
Sec. 7. In case of conflict between the local
executive and the INP Station Commander arising from the implementation
of this Order, particularly with respect to normal police operations,
the stand of the local executive shall prevail as a general rule.
However, in case of an irreconcilable disagreement, the matter may be
brought to the Provincial Governor for resolution as soon as possible.
Should the resolution of the Provincial Governor be against the
position of the INP Station Commander concerned, the latter may elevate
the case to the Minister of National Defense who shall resolve the
issue in consultation with the Minister of Local Government. On the
other hand, should the resolution of the Provincial Governor be against
the position of the local executive concerned, the latter may elevate
the case to the Minister of Local Government who shall resolve the
issue in consultation with the Minister of National Defense. In any
case where there is an irreconcilable disagreement between the Minister
of Local Government, the case shall be elevated to the President of the
Philippines for final resolution.
PART
II
STRENGTHENING AND TRAINING THE
CHDF
Sec. 8. All Commander of the Regional Unified
Command (RUC), in coordination with the Provincial Governors and Mayors
of highly urbanized cities within their respective regions, shall
conduct an inventory of all members of the Civilian Home Defense Force
(CHDF) in their jurisdictions for the purpose, among others, of
determining whether there is need to increase the number of CHDF
members in any particular province, city or municipality, taking into
consideration the requirements of the peace and order campaign of the
Government.
Sec. 9. Whenever it shall be determined that there
is need to augment the CHDF membership in any particular province, city
or municipality, additional CHDF members may be appointed by the RUC
Commander, subject to approval by the President of the Philippines,
upon recommendation of the local executive in consultation with the
barangay captains concerned; Provided, That the local units whose CHDF
members are augmented shall initially provide the necessary
appropriation from their own resources to pay for the honorarium,
allowances, benefits and other logistical support for the additional
CHDF, members until the National Government shall have appropriated the
necessary funds for the purpose.
Sec. 10. The RUC Commanders, in coordination with
the local executives concerned, shall conduct a re-training of
incumbent CHDF members and an orientation training for new recruits;
Provided, That the local units concerned may appropriate funds to meet
the expenses for the orientation training of new recruits out of their
own resources.
Sec. 11. In accordance with Paragraph 2 of Letter
of Instructions No. 1443, in no case shall the local governments
concerned appropriate fund for the purchase of armaments, ammunition
and components, and other similar equipment for the CHDF. The Armed
Forces of the Philippines shall provide for these items.
Sec. 12. All funds pertaining to the honorarium,
allowances, and similar benefits for the members of the CHDF shall be
remitted to the Provincial Treasurer who shall farm them out to the
Municipal Treasurers concerned for payment to the CHDF members. In
highly urbanized cities, such funds shall be remitted to and paid by
the City Treasurers concerned.
PART
III
LOCAL INTEGRATED SECURITY
DEFENSE PLAN
Sec. 13. All Municipal and City Mayors, in
coordination with the corresponding INP Station Commanders, shall
develop their own integrated security defense plans which shall be
implemented in their respective jurisdictions to attain the objectives
of the peace and order campaign of the Government.
Sec. 14. The integrated security defense plan
shall involve the integrated utilization of the police, military and
CHDF components assigned in the locality against the inroads of
subversion and other lawless or criminal activities. Among others, it
shall provide arrangements for flexibility in movement and
reinforcement of forces as needs arise in the various areas within the
province.
Sec. 15. The Provincial Commander/Provincial
Police Superintendent, either directly or through his duly designated
military officer, shall assume primary responsibility for overseeing
the implementation of the integrated security defense plans for the
localities within his province.
Any conflict between the City or Municipal Mayor and the Provincial
Commander/Provincial Police Superintendent or the military officer
designated by the latter arising from the implementation of the
integrated security defense plan shall be resolved in accordance with
Sec. 7 above.
PART
IV
DISCIPLINARY POWERS
Sec. 16. City and Municipal Mayors, concurrently
with the duly designated Station Commanders or officers holding
equivalent commands, after due notice and hearing, shall have the power
to impose disciplinary penalties for minor offenses committed by
members of the Integrated National Police assigned to their respective
jurisdictions, through admonition or reprimand; restriction to
specified limits; withholding of privileges; Forfeiture of salary for
not more than ten (10) days; suspension for not exceeding ten (10)
days; or any combination thereof; Provided, That the total period shall
not exceed ten (10) days in the proper cases.
Sec. 17. A “minor offense” shall refer to an act
or omission not involving moral turpitude, but affecting the internal
discipline of the Integrated National Police, and shall include but not
be limited to:
(a)
Simple misconduct or negligence;
(b)
Insubordination;
(c) Frequent
absences or tardiness;
(d) Habitual
drunkenness; and
(e) Gambling
prohibited by law.
If these offenses should threaten the success of an operation or the
discipline of the unit, the offender may be court-martialed for a
graver offense.
In no case shall the following offenses be considered minor: disloyalty
of the Government; grave misconduct; gross inefficiency or
incompetence; oppression; gross insubordination; serious irregularities
or serious neglect in the performance of duty; notoriously disgraceful
or immoral conduct; engaging directly or indirectly in partisan
political activities; falsification; other crimes involving moral
turpitude; directly or indirectly obstructing, defeating or violating
the civil rights and liberties of an individual; and receiving a fee,
gift or other valuable thing from any person who gives the same in
consideration of services or favors received or in the hope or
expectation of receiving a favor or better treatment than that accorded
to other persons.
PART
V
MISCELLANEOUS PROVISIONS
Sec. 18. All actions required to be undertaken
herein shall be completed as soon as possible. The Provincial Governors
and City and Municipal Mayors, together with the corresponding INP
Commanders in their respective jurisdictions, shall jointly submit a
status report on the actions herein required to be undertaken,
particularly with respect to the preparation of the local integrated
security defense plan, to the President of the Philippines, through the
Chief of Staff of the Armed Forces of the Philippines, within
forty-five (45) days from the effectivity of this Order.
Sec. 19. All provisions of Presidential Decree
Nos. 765 and 1162 and of any law, decree, executive or administrative
order, instructions, rules and regulations, which are inconsistent with
this order are hereby amended, modified or repealed accordingly.
Sec. 20. If any provision of this Order is held
invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the other provisions hereof; Provided, That the
remaining provisions can stand independently by themselves and can be
effectively implemented.
Sec. 21. This Order shall take effect immediately.
DONE in the City of Manila,
this 22nd day of March, in the year of Our Lord, nineteen hundred and
eighty-five.
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Since 19.07.98.