DEPUTATION OF LOCAL

CHIEF EXECUTIVES AS
REPRESENTATIVES OF
THE NATIONAL POLICE
COMMISSION
(NAPOLCOM)
LEGAL BASES FOR THE DEPUTATION OF LCEs

R.A. 6975 R.A. 8551

ARTICLE XVI, SECTION 6,
1987 CONSTITUTION (DECEMBER 13, 1990) (FEBRUARY 25, 1998)

The State shall establish and AN ACT ESTABLISHING THE AN ACT PROVIDING FOR THE REFORM
maintain one police force, which PHILIPPINE NATIONAL POLICE AND REORGANIZATION OF THE
UNDER A REORGANIZED PHILIPPINE NATIONAL POLICE AND FOR
shall be national in scope and OTHER PURPOSES, AMENDING CERTAIN
DEPARTMENT OF THE INTERIOR AND
civilian in character, to be LOCAL GOVERNMENT, AND FOR PROVISIONS OF REPUBLIC ACT
NUMBERED SIXTY-NINE HUNDRED AND
administered and controlled by a OTHER PURPOSES SEVENTY-FIVE ENTITLED, "AN ACT
national police commission. The ESTABLISHING THE PHILIPPINE
Section 2. Declaration of Policy NATIONAL POLICE UNDER A RE-
authority of local executives over ORGANIZED DEPARTMENT OF THE
the police units in their  It is hereby declared to be the policy INTERIOR AND LOCAL GOVERNMENT,
jurisdiction shall be provided by of the State to promote peace and AND FOR OTHER PURPOSES“
law. order, ensure public safety and
further strengthen local government Section 2. Declaration of Policy and Principles
capability aimed towards the
 It is hereby declared the policy of the State to establish a highly
effective delivery of the basic services
efficient and competent police force which is national in scope and
to the citizenry through the
civilian in character administered and controlled by a national police
establishment of a highly efficient commission.
and competent police force that is
national in scope and civilian in  The Philippine National Police (PNP) shall be a community and
character. service oriented agency responsible for the maintenance of peace and
order and public safety.
 POWERS OF LOCAL
GOVERNMENT
OFFICIALS OVER THE
PNP UNITS OR FORCES
 Section 51, R.A. 6975
Powers of Local Government Officials Over the
PNP Units or Forces

Governors and mayors shall be

deputized as representatives of the
Commission in their respective
territorial jurisdiction. As such, the
local executives shall discharge the
following functions:
 PROVINCIAL GOVERNOR

(a) Provincial Governor –

(1) Power to Choose the Provincial Director. – The provincial
governor shall choose the provincial director from a list of three (3)
eligible recommended by the PNP regional director.

(2) Overseeing the Provincial Public Safety Plan Implementation.

– The governor, as chairman of the provincial peace and order
council, shall oversee the implementation of the provincial
public safety plan, which is prepared taking into consideration the
integrated community safety plans, as provided under paragraph
(b) (2) of this section.
 CITY AND MUNICIPAL MAYORS

(b) City and Municipal Mayors –

(1) Operational Supervision and Control. The city and
municipal mayors shall exercise operational supervision and
control over PNP units in their respective jurisdiction except
during the thirty (30) day period immediately preceding and the
thirty (30) days following any national, local and barangay
elections. During the said period, the local police forces shall be
under the supervision and control of the Commission on
Elections.
 CITY AND MUNICIPAL MAYORS

• The term "operational supervision and control" shall mean

the power to direct, superintend, oversee and inspect the
police units and forces.

• It shall include the power to employ and deploy units or

elements of the PNP, through the station commander, to
ensure public safety and effective maintenance of peace and
order within the locality.
 CITY AND MUNICIPAL MAYORS

• "Employ" refers to utilization of units or elements of the PNP for

purposes of protection of lives and properties, enforcement of laws,
maintenance of peace and order, prevention of crimes, arrest of
criminal offenders and bringing the offenders to justice, and ensuring
public safety, particularly in the suppression of disorders, riots,
lawless violence, rebellious seditious conspiracy, insurgency,
subversion or other related activities.

• "Deploy" shall mean the orderly organized physical movement of

elements or units of the PNP within the province, city or municipality
for purposes of employment as herein defined.
 CITY AND MUNICIPAL MAYORS

(2) Integrated Community Safety Plans. – The municipal/city

mayor shall, in coordination with the local peace and order council of
which he is the chairman pursuant to Executive Order No. 309, as
amended, develop and establish an integrated area/community public
safety plan embracing priorities of action and program thrusts for
implementation by the local PNP stations.

It shall, likewise, be the duty of the city or municipal mayor to

sponsor periodic seminars for members of the PNP assigned or
detailed in his city or municipality in order to update them regarding
local ordinances and legislations.
 CITY AND MUNICIPAL MAYORS

(3) Administrative Disciplinary Powers. – In the areas of

discipline, city and municipal mayors shall have the powers to
impose, after due notice and summary hearings, disciplinary
penalties for minor offenses committed by members of the PNP
assigned to their respective jurisdictions, as provided in Section
41 of this Act.
 CITY AND MUNICIPALMAYORS

(4) Other Powers. – In addition to the aforementioned

powers, city and municipal mayors shall have the following
authority over the PNP units in their respective jurisdictions:

(i) Authority to choose the chief of police from a list

of five (5) eligibles recommended by the provincial police
director, preferably from the same province, city or
municipality.
 CITY AND MUNICIPAL MAYORS

(ii) Authority to recommend the transfer, reassignment

or detail of PNP members outside of their respective city or
town residences; and

(iii) Authority to recommend, from a list of eligibles

previously screened by the peace and order council, the
appointment of new members of the PNP to be assigned to
their respective cities or municipalities without which no
such appointment shall be attested.
 Citizen J. Antonio M. Carpio vs. The Executive
Secretary, et. al. (G.R. No. 96409, 14 February 1992)

“There is no usurpation of the power of control of the

NAPOLCOM under Section 51 because under this very same
provision, it is clear that the local executives are only acting as
representatives of the NAPOLCOM. As such deputies, they are
answerable to the NAPOLCOM for their actions in the exercise of
their functions under that section. Thus, unless countermanded by
the NAPOLCOM, their acts are valid and binding as acts of the
NAPOLCOM.”
 Section 64, R.A. 8551
Automatic Deputation of Local Government Executives as
Commission Representatives

Governors and mayors, upon having been

elected and qualified as such, are
automatically deputized as representatives
of the National Police Commission in their
respective jurisdiction. As deputized agents
of the Commission, local government
executives can inspect police forces and
units, conduct audit, and exercise other
functions as may be duly authorized by the
Commission.
OTHER FUNCTIONS
DULY AUTHORIZED
BY THE
COMMISSION
NAPOLCOM M.C. 2002-003
(April 12, 2002)

DEFINING THE FUNCTIONS OF

PROVINCIAL GOVERNORS AS
DEPUTIES OF THE NATIONAL POLICE
COMMISSION AS WELL AS THEIR
RELATIONSHIPS WITH THE PNP
PROVINCIAL DIRECTORS, CHIEFS OF
POLICE AND MAYORS
 NAPOLCOM M.C. 2002-003

(1) Provincial Governors exercise general supervision over PNP

Provincial Directors (PD). As such, the Governors must ensure
that the PNP units or elements assigned to the PNP Provincial
Office (PPO) and all city / municipal police offices within the
province are performing their duties properly according to existing
laws as well as rules and regulations and policies promulgated by
the NAPOLCOM and other competent authority in order to ensure
effective maintenance of law and order. As such, Provincial
Governor shall:
 NAPOLCOM M.C. 2002-003

a. Conduct inspection and audit of the personnel, performance

and facilities of PPO and police offices / units of cities /
municipalities within the province (External Audit);
b. Monitor and assess police performance in relation to
prevailing peace and order situation within the province;
c. Issues directives for the conduct of police operations in the
province to stop illegal activities and neutralize criminal
syndicates particularly on illegal gambling and drugs;
 NAPOLCOM M.C. 2002-003

d. Call the Police PD to direct the concerned Chief of Police to

suppress any violence or disorder, enforce law and order and
ensure public safety in a city / municipality within the province;
e. Call the Police PD to meetings and conferences on matters of
peace and order and public safety;
f. Require assistance from the Police PD in the interest of
general public service, provided the primary mission of the PPO is
not prejudiced;
 NAPOLCOM M.C. 2002-003

g. Issue appropriate guidance to the Police PD on the

prescribed standards and defeciencies noted during the inspection;
h. Furnish appropriate reports and recommendations to the PNP
RD, if after giving such guidance / advice, the PPO fails to
improve its performance and / or follow laws, rules or regulations;
and
i. Take appropriate administrative or criminal action against an
erring provincial police member.
 NAPOLCOM M.C. 2002-003

(2) With the Provincial Governor exercising general supervision

over the provincial PNP, the Provincial PD shall:
a. Formulate implementing plans to operationalize directives of
the Provincial Governor to suppress violence, disorder or
criminality in an area, in coordination with the Chief of Police of
the concerned city / municipality;
b. Direct appropriate and / or subordinate police units /
elements to undertake public service activities called for by the
Provincial Governor, provided the primary mission of the police
units is not prejudiced;
 NAPOLCOM M.C. 2002-003

c. Undertake campaign against illegal gambling operations as

an inherent function of the PD and / or as directed by the the
Provincial Governor;
d. Assist the Provincial Peace and Order Council (PPOC)
chaired by the PD in the formulation of the IA / CPSP and render
periodic reports on the status of the implementation of the plan’s
law enforcement component;
e. Render periodic and regular reports on the peace and order
situation within the province;
 NAPOLCOM M.C. 2002-003

f. Submit accomplishment reports as may be required by the Governor;

g. Conduct inspection and audit of personnel, performance and facilities
of the PPO (Internal Audit); and
h. Pursuant to Sec. 41 (b-2) o R. A. No. 6975, as implemented by NMC
No. 96-010, impose administrative punishments for minor offenses
involving breach of internal discipline committed by erring members of
the PPO.
• Admonition or reprimand;
• Restrictive custody;
• Withhoding of privileges;
• Forfeiture of salary or suspension; or any of the combination of foregoing:
Provided, That in all cases, the total period shall not exceed 30 days.
 NAPOLCOM M.C. 2002-003

(3) As deputized Commission representatives in the province, the

Provincial Governors shall ensure that the deputized Mayors in the
component cities and municipalities of the province exercise
general supervision and control functions over the PNP units in
their respective jurisdictions within the standards and guidelines
prescribed by the Commission.
NAPOLCOM M.C. No. 2015-003
(November 12, 2015)

PRESCRIBING ADDITIONAL
FUNCTIONS AND DUTIES
OF LOCAL CHIEF
EXECUTIVES (LCEs) AS
NAPOLCOM DEPUTIES AS
AUTHORIZED UNDER
SECTION 64 OF REPUBLIC
ACT NO. 8551
 NAPOLCOM M.C. No. 2015-003

1. Formulate and adopt effective mechanisms for the

coordination, cooperation, and consultation involving the local
executives, citizenry and law enforcement agencies created
under R.A. 6975, as amended, consistent with and in pursuance
of the Community and Service-Oriented Policing (CSOP)
System under NAPOLCOM Resolution No. 2015-342 and such
other NAPOLCOM issuance/s as may hereafter be promulgated
in relation thereto;
 NAPOLCOM M.C. No. 2015-003

2. Formulate and pursue a three (3) year term based, Peace and
Order Public Safety Plan (POPS Plan), following the guidelines
and policies of the DILG, and within the period prescribed by the
latter, which shall be incorporated in the Comprehensive
Development Plan of the local government unit;
 NAPOLCOM M.C. No. 2015-003

3. Convene the Peace and Order Council (POC) quarterly, or as

often as the need arises, and submit semestral POC
Accomplishment Report, following the guidelines and policies of
the DILG; and

4. Perform or exercise such other additional functions and duties

as may be duly authorized by the Commission, as provided
under Section 64 of R.A. 8551
 NAPOLCOM M.C. No. 2015-003

RESOLVED FURTHER that the failure of a Local Chief

Executive, as deputy of the Commission, to perform the
additional functions and duties herein authorized, shall be
deemed engaging in acts which negate the effectiveness of the
peace and order campaign in the country and which, once
validated or established pursuant to the procedure outlined under
NMC No. 99-010 as amended by NMC No. 2001-003, shall be a
ground for the suspension or withdrawal of his/her deputation by
the Commission, pursuant to Section 52 of R.A. 6975 as
amended.
PROCEDURES ON THE
SUSPENSION /
WITHDRAWAL AND
RESTORATION OF
DEPUTATION OF LCEs
 Section 65, R.A. 8551
Section 52 of Republic Act No. 6975 is hereby amended to read
as follows:

SEC. 52. Suspension or Withdrawal of

Deputation. – Unless reversed by the
President, the Commission may, after
consultation with the provincial governor
and congressman concerned, suspend or
withdraw the deputation of any local
executive for any of the following
grounds:
 SEC. 52. Suspension or Withdrawal of Deputation

a) Frequent unauthorized absences;

b) Abuse of authority;
c) Providing material support to criminal elements; or
d)Engaging in acts inimical to national security or
which negate the effectiveness of the peace and order
campaign.
NAPOLCOM M.C. No. 2019-004
(August 8, 2019)

PRESCRIBING THE PROCEDURES ON

THE SUSPENSION / WITHDRAWAL
AND RESTORATION OF DEPUTATION
OF LOCAL CHIEF EXECUTIVES AS
REPRESENTATIVES OF THE
NATIONAL POLICE COMMISSION
 Procedure on Suspension or Withdrawal of Deputation
Pursuant to Section 4 of NAPOLCOM M.C. No. 2019-004

a. Verified Complaint – A verified complaint against any local

chief executive may be filed with the NAPOLCOM Regional
Office which has territorial jurisdiction over the municipality /
city or province concerned.

• The complaint shall be evaluated by the Office of the Regional Director

(ORD) to determine whether the acts or omissions complained of fall under
any of the grounds provided in Section 3 hereof.
• If in negative, the same shall be immediately dismissed in writing, without
prejudice to the filing of a petition for review with the Commission En
Banc within ten (10) days upon receipt of the denial.
 Procedure on Suspension or Withdrawal of Deputation
Pursuant to Section 4 of NAPOLCOM M.C. No. 2019-004

• If in the affirmative, a verification shall be conducted by the

concerned ORD to determine the veracity of the allegations and
authenticity of the documents submitted.
• Upon compliance with the consultation requirement, a report
with definite recommendation shall be submitted by the ORD to
the Commission En Banc for its disposition which shall be made
through a Resolution.
 Procedure on Suspension or Withdrawal of Deputation
Pursuant to Section 4 of NAPOLCOM M.C. No. 2019-004

b. Report / information from other government agencies /

institutions – A report / information from other government agencies /
institutions against a local chief executive for committing any grounds
enumerated in Section 3 hereof, may be made as a basis for the
suspension or withdrawal of his/her deputation upon verification of the
Commission En Banc of the report’s / information’s authenticity.
When permissible under the circumstances, such verification may be
delegated by the Commission En Banc to the ORD having territorial
jurisdiction over the local chief executive concerned.
 Procedure on Suspension or Withdrawal of Deputation
Pursuant to Section 4 of NAPOLCOM M.C. No. 2019-004

c. Motu proprio investigation – The Commission En Banc may

initiate motu proprio investigation on any local chief executive to
determine the existence of any ground for the suspension or
withdrawal of his / her deputation.
 Consultation with the Governor and / or Congressional Representative
Concerned
Pursuant to Section 5 of NAPOLCOM M.C. No. 2019-004

• In all cases, the consultation with the governor and / or congressional

representative /s concerned is a pre-requisite for the suspension or
withdrawal of deputation.

• It shall be done either personally or through a letter with the governor

and congressional representative/s, with respect to a complaint or
report / information against a mayor.

• In case of a governor, the same manner of consultation with the

congressional representative/s having territorial jurisdiction where any
of the elements of the complaint / offense is committed shall be
sufficient.
 Consultation with the Governor and / or Congressional Representative
Concerned
Pursuant to Section 5 of NAPOLCOM M.C. No. 2019-004

• For this purpose, the consultation requirement is deemed complied

with once the said governor and / or congressional representative/s
is given the opportunity to comment on the proceeding.

• If the consultation is made in writing, the same must be responded

to by the governor and / or congressional representative within
three (3) working days upon receipt thereof of their office.

• Otherwise, it shall be deemed as a waiver to comment and / or

recommend on the suspension or withdrawal of deputation.
 Effects of Suspension or Withdrawal of Deputation
Pursuant to Section 6 of NAPOLCOM M.C. No. 2019-004

• The Resolution suspending or withdrawing the deputation of a

local chief executive is executory on the date of its issuance.

• All powers and prerogatives vested by law and the Commission

unto the local chief executive whose deputation is suspended /
withdrawn are automatically removed / revoked accordingly.

• The local chief executive concerned shall likewise be ineligible

for availment of police security detail from the PNP.
 Procedure on Restoration of Deputation
Pursuant to Section 7 of NAPOLCOM M.C. No. 2019-004

• Upon good cause shown, the President may, directly or through

the Commission, motu proprio restore such deputation
withdrawn from any local chief executive.

• The concerned local chief executive whose deputation is

suspended or withdrawn may file a verified Motion for
Reconsideration (MR) with the Commission En Banc within ten
(10) days upon receipt of a copy of its resolution.
 Procedure on Restoration of Deputation
Pursuant to Section 7 of NAPOLCOM M.C. No. 2019-004

• If the MR is found meritorious, the Commission En Banc shall,

subject to the quorum and voting requirements as stated in
Section 2 hereof, recommend the restoration of the deputation to
the President who shall decide it with finality.

• Otherwise, it shall be dismissed by the Commission En Banc

without prejudice to the filing of an appeal with the President
within ten (10) days upon receipt of a copy of the denial.
Section 65, R.A. 8551
(last paragraph)

Upon good cause shown, the President

may, directly or through the Commission,
motu proprio restore such deputation
withdrawn from any local executive.
 NAPOLCOM MEMORANDUM CIRCULARS
relative to Deputation of LCEs

• 1991-001 -PARTICIPATION OF LOCAL EXECUTIVE IN THE ADMINISTRATION OF THE PNP

• 1991-008 - PROCEDURE IN THE INVESTIGATION AND DISPOSITION OF CITIZEN’S
COMPLAINTS INVOLVING MINOR OFFENSES FILED AGAINST MEMBERS OF THE PHILIPPINE
NATIONAL POLICE (PNP) WITH CITY/MUNICIPAL MAYORS
• 1992-014 - PRESCRIBING ADDITIONAL GUIDELINES TO THE CITY AND MUNICIPAL MAYORS
IN THEIR CAPACITY AS REPRESENTATIVES OF THE NATIONAL POLICE COMMISSION
(NAPOLCOM) IN THEIR RESPECTIVE JURISDICTIONS, REGARDING THE EXERCISE OF THEIR
POWER OF OPERATIONAL SUPERVISION AND CONTROL OVER THE PNP UNITS THEREIN
• 1993-013 - ADDITIONAL GUIDELINES, RE: DEPUTATION OF LOCAL CHIEF EXECUTIVES AS
REPRESENTATIVES OF THE NATIONAL POLICE COMMISSION (NAPOLCOM) AND THE
EXERCISE OF THEIR POWERS AS NAPOLCOM DEPUTIES
• 1999-010 -PRESCRIBING GUIDELINES IN THE EXERCISE OF THE POWERS AND FUNCTIONS OF
LOCAL EXECUTIVES OVER THE LOCAL POLICE UNITS WITHIN THEIR RESPECTIVES
LOCALITIES AS DEPUTIZED REPRESENTATIVES OF THE OF THE NATIONAL POLICE
COMMISSION (NAPOLCOM) AND PROCEDURE ON THE SUSPENSION/WITHDRAWAL, AND
RESTORATION, OF SAID DEPUTATION
 NAPOLCOM MEMORANDUM CIRCULARS
relative to Deputation of LCEs
• 2001-003 - FURTHER CLARIFYING THE RULES ON THE DEPUTATION OF LOCAL EXECUTIVES AS A
REPRESENTATIVES OF THE COMMISSION AND THE PROCEDURE ON THE SUSPENSION/WITHDRAWAL,
AND RESTORATION OF SUCH DEPUTATION AMENDING FOR THIS PURPOSE MEMORANDUM
CIRCULAR NO. 99-010, ISSUED ON OCTOBER 11, 1999
• 2002-002 - CLARIFYING THE DELINEATION OF THE FUNCTIONS OF CHIEFS OF POLICE AND CITY /
MUNICIPAL MAYORS AS DEPUTIES OF THE NATIONAL POLICE COMMISSION RELATIVE TO THE
EXERCISE OF POWERS AND FUNCTIONS OVER PNP UNITS WITHIN THEIR JURISDICTION
• 2002-003 - DEFINING THE FUNCTIONS OF PROVINCIAL GOVERNORS AS DEPUTIES OF THE
NATIONAL POLICE COMMISSION AS WELL AS THEIR RELATIONSHIPS WITH THE PNP PROVINCIAL
DIRECTORS, CHIEFS OF POLICE AND MAYORS
• 2002-011 - OPERATIONALIZING THE PARTICIPATION OF LOCAL CHIEF EXECUTIVES IN THE
ADMINISTRATION OF THE PHILIPPINE NATIONAL POLICE (PNP) AS PROVIDED FOR UNDER REPUBLIC
ACT NO. 6975, AS AMENDED
• 2015-003 - PRESCRIBING ADDITIONAL FUNCTIONS AND DUTIES OF LOCAL CHIEF EXECUTIVES
(LCEs) AS NAPOLCOM DEPUTIES AS AUTHORIZED UNDER SECTION 64 OF REPUBLIC ACT NO. 8551
• 2019-004 - PRESCRIBING THE PROCEDURES ON THE SUSPENSION/WITHDRAWAL AND RESTORATION
OF DEPUTATION OF LOCAL CHIEF EXECUTIVES AS REPRESENTATIVES OF THE NATIONAL POLICE
COMMISSION
Thank you!