EXECUTIVE ORDER NO. 1027
EXECUTIVE ORDER NO. 1027 - AMENDING
EXECUTIVE ORDER NO. 1012
WHEREAS, there is a need to clarify
the provisions of Executive Order No. 1012 insofar as general and
administrative supervision and control over Integrated National Police
forces are concerned;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution and by law, do hereby order:
Section 1. Section 1 of Executive Order No. 1012 is
hereby amended to read as follows:
“Section 1. The provisions of special or general laws to the
contrary notwithstanding, the operational supervision and direction
exercised by the Philippine Constabulary/Integrated National Police
(PC/INP) over all units of the Integrated National Police 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 President of the Philippines motu proprio, or upon
recommendation of the Provincial Commander/Provincial Police of the
Philippines motu proprio or upon recommendation Superintendent in
consultation with the Provincial Governor and with the concurrence of
the PC/INP Regional Commander/Director, 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 Metropolitan
Manila, the termination shall be upon recommendation of the
Metropolitan Manila Governor with the concurrence of the Commanding
General, PC Metropolitan Command/Director, Metropolitan Police Force.
“In all cases, in the exercise
of its power to maintain peace, law, order and public safety, the
Integrated National Police shall be subject to the command, general
supervision and control of the President of the Philippines, and shall
function directly under the Office of the President: Provided, That the
President may authorize the Metropolitan Manila Governor, the
Provincial Governors, the City and Municipal Mayors, or any of them, to
exercise general supervision over units of the INP in accordance with
Section 1 (d) of Presidential Decree No. 1162.
“The power of administrative
supervision and control over all units of the INP all over the country
shall likewise be exercised by the President of the Philippines
directly or through his duly designated representatives or agencies.”
Sec. 2. Sec. 2 of Executive Order No. 1012 is
hereby amended to read as follows:
“Sec.
2. All Provincial Governors, in coordination with the
corresponding Provincial Commanders/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. In Metropolitan Manila, the inventory shall be
conducted by the City/Municipal Mayors in coordination with the INP
Station Commander/Police Superintendent, a report on which shall be
submitted to the Metropolitan Manila Governor and the Commanding
General, PC Metropolitan Command/Director, Metropolitan Police Force.
“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. Sec. 3 of Executive Order No. 1012 is
hereby amended to read as follows:
“Sec.
3. After completion of the inventory, the
Metropolitan Manila Governor or the Provincial Governors and the
Municipal and City Mayors, in coordination with the Commanding General,
PC Metropolitan Command/Director, Metropolitan Police Force or the
Provincial Commander/Provincial Police Superintendent, as the case may
be, shall reassign and redistribute the policemen members of the INP to
the various municipalities and component cities in Metropolitan Manila
or in the province according to the following criteria:
(a)
Number of population;
(b) Peace and
order situation; and
(c) Financial
contribution to 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 Metropolitan Manila or the particular province as may be
necessary.
“The Metropolitan Manila
Governor, upon recommendations of the Municipal and City Mayors of the
component cities and municipalities of Metropolitan Manila, may
transfer and reassign to other stations within Metropolitan Manila the
Chiefs of Police, the Station Commanders/Police Superintendents or
officers holding equivalent commands, with the approval of the
President of the Philippines. With respect to other police officers,
they may be transferred or reassigned to other stations, without
necessity of obtaining the prior approval of the President of the
Philippines.”
Sec. 4. Sec. 4 of Executive Order No. 1012 is
hereby amended to read as follows:
“Sec.
4. Once the reassignments herein required are in
place, no further reassignment or detail of policemen outside their
respective towns and 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 approval 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. Sec. 5 of executive Order No. 1012 is
hereby amended to read as follows:
“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 Metropolitan Manila or in any province, such augmentation may be
done either by reassignment of policemen who are residents of other
municipalities and cities within the Metropolitan Manila area or the
province in consultation with the local executives concerned, or by new
appointments subject to the approval of the Municipal or City Mayor
concerned.”
Sec. 6. Sec. 6 of Executive Order 1012 is
hereby amended to read as follows:
“Sec.
6. The reassignment of members of the police force as
envisioned in Sec. 3 ad 4 above to municipalities and cities in
Metropolitan Manila or in the province other than their places of
residence, shall be done on rotation basis and in consultation with the
local executives concerned.”
Sec. 7. Sec. 7 of Executive Order No. 1012 is
hereby amended to read as follows:
“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, 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
National Defense and the Minister of Local Government, the case shall
be elevated to the President of the Philippines for final
resolution.
“In the case of Metropolitan
Manila, any irreconcilable disagreement between a local executive and a
Station Commander/Police Superintendent shall be elevated to the
Metropolitan Manila Governor or his authorized representative for
resolution. Any of the parties not satisfied with the resolution of the
Metropolitan Manila Governor or his authorized representative may
appeal the case to the President for final decision; Provided, That the
INP Station Commander/Police Superintendent shall course his appeal
through appropriate INP command channels.”
Sec. 8. Section 16 of Executive Order No. 1012 is
hereby amended to read as follows:
“Sec.
16. City and Municipal Mayors, concurrently with the
duty 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 (10) days; or any combination
thereof; Provided, That in case of forfeiture of salary and/or
suspension, the City and Municipal Mayors may impose a period longer
than ten (10) days but no longer than thirty (30) days.”
Sec. 9. All laws, decrees, executive or
administrative orders, rules and regulations, or parts thereof,
inconsistent with this Executive Order shall be deemed repealed,
amended or modified accordingly.
Sec. 10. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 14th day of May, in the year of Our Lord, nineteen hundred and
eighty-five.