SUBJECT: wit Constitution prescribes Republic of ‘the Philippines rit.of the Interior and Local Government NATIONAL POLICE COMMISSION Makati, Metro Manila + Depart MEMORANDUM CIRCULAR NO, _94-018 DEFINING THE SCOPE AND EXTENT OF THE NATIONAL POLICE COMMISSION'S (NAPOLCOM’S) POWER OF ADMINISTRATIVE CONTROL” OVER THE PHILIPPINE NATIONAL POLICE (PNP) ON CERTAIN SPECIFIED MATTERS. EREAS, Section 6, Article XVI, of \the 1987 “The State shall establish and maintain one police force, which shall be national in scope and ci vilian in character, to be administered and controlled by a national police commission. xxxx" WH AS, Sec. 14 of R.A, No. 6975, provides that the Napolcom shall exercise, inter alia, , the power of admini WHE! strative control over the Philippine National Police REAS, under Sec, 16 of the Rules ond Regulations Implementing the. Department of the Interior and Local Government Act of 1990, “administrative control” has been amply di en) ev: wit ad in Wi Villa, dated control nullity the per of the no constitl functio compass, but is not limited to, the promulgation of policies, standards, plans and programs; the review, approval, reversal-or modification of plans | and.. programs relating to personnel, organization, /° financial’ requirements, |logistics, discipline, ’ benefits, training and education, and operations; the conduct of management audit, performance lefined in this wise " "The term "administrative contrel” shall aluation and inspection) to determine compliance th policies, standards and guidelines; and the option of measures to ensure that the PNP is naged effectively, efficiently and economically the pursuit of its mandated goals. IEREAS, the Supreme Court in the case of Gen. Renato de et al. vs. City of Bacolod, et. al., t.R. No, 80744, September 20, 1980, likewise defined administrative “as the power of an officer to alter or modify or or set formance of his duties and to s former for that of the latter"; ide what a subordinate officer has done in bstitule the judgment W, THEREFORE, this Commission, in the exercise of its utional and statutory administration and control ns over the PNP, hereby orders and directs‘ Section 1. Definition of Terms. - As used in this Circular, the following terms are defined and/or understood as follows a. Commission - refers to the collegial governing body of the Commission, composed of the Secretary, DILG, as ex-officio Chairman, and four (4) regular . Commissioners, as Members, which reguldrly meets en bane. and decides through majority vote of all its members, in all matters involving vital policy + issues ‘in the exercise of its administration and control functions over the Philippine National Police (PNP) b. Vice-Chairman ‘and’ Executive Officer - the Commissioner designatgd as such by the President with the authority tolact as the Executive Officer of the Commission pursuant to Sec. 13, R.A. Nov 6975. The Vice-Chaitman and Executive Officer shall . exercise. the) following functions and responsbilities (a) Supervises, directs and coordinates the over-all operations of the Commission; (b) Implements and/or executes the policies, | directives, programs and projects formuleted and adopted by the Commission; and, (c) Prepares and submits periodic. and other special reports of the Commission. (Sec. 13, R.A. No 6975; and. Seo. 5S, ‘Intesrated Reorganization Plan) Sec. 2 ~ Review. | Modification or Reversal of PNP Plans and Programs. - All PNP plans, programs, and projects relating to organization, personnel, financial management, logistics, discipline, benefits,’ training and gducation, and operations, to include investigation, intelligence and police community relations, ‘must conform with the existing Napolcon policies and stendards and,‘as such, shall he subject to review, approval,. modification or reversal by {he Commission en bane : Appointment, Promotion, Designalion/Bssignment and/or Transfér/Be-aaaianiont. "of PAB Parsonage! All PNP personne! actions, such as, | appointment, designation, transfer and/or promotion, shall/be effected in the following manner 2 A. Appointment/Pronotion - | a. Police Officer 1 to Senior Police officer iV - Appointed/promoted by the PNP’ Regional/NSU Director for regional personnel or by the Chief PNP for national headquarters! personnel, subject to indorsement by the Napolcom pursuant to Sec. 4 hereof and attestation) by the Civil Service Commission. | 51 ib. Inspector to Superintendent - Appointed/prometed by the Chief of the PNP, as recommended by their immediate superiors, subiect to indorsement by the Napoleon en banc ‘and attestation by the Civil Service Commission. f ©. Senior Superintendent to Deputy Director General - Appointed/promoted by the President = upon recommeridation of the Chief PNP and of the Napgleom en bane, and proper indorsement by the Chairman of the Civil Service Commission. d.. Director General + Appointed/pronoted by the President from among the senior officers down to the rank of Chief superintendent in the service, on recommendation ‘or indorsement by the Napolcom en B. Designation, Transfer-or Reassignment The designation of PNP Provincial Directors and Chiefs of Police shall be effected in accordance with the procedures prescribed in Sec. 51, R.A. No. 6975 ag amplified in NAPOLCOM Memorandum Circular No. 94-008 dated March 2, 1994, without the need of prior approval by the Commission. All other designations including reassignment or transfer of PNP officers .to positions calling for the rank/grade of Chief Superintendent and higher, shall be subject to prior approval and/or indorsement by the Commission However, when such designation, transfer or reassignment of PNP Key personnel is so directed by the President, the same shail be implement¢d without prior spproval and/or indorsement of the Napolcom, but the latter shall be informed thereof by the PNP at the earliest. C. Extension of Service of Kev PNP Officers The service of PNP officers with the rank of Chief Superintendent, Director or Deputy Director General may, in the’ exigency of the service and based upon highly meritorious grounds, be extended by the Commission for an unextendible period of one (1) year. (Sec. 39, RAL No. 6975). | No other PNP officers shall be granted service extention, regardless of the grounds advurted to. Dg ial hosts a. All. financial transactions of the PNP in excess of three million pesos (P3,000,000.00) ut any one time shall be subject to the approval of the Commission There shall be no splitting of vouchers. 52 : T-4 PNP financial brassaelions over PSK up to P20 shall be appreved by the Chairmen upon recommendation of the Commissioner-in-Charme and conenrred in by the Vieo Chairman and ecutive Office Resolution No. 91-16, dated Oct. 4, 19) hy NAPOLCOM Resolu (Napolcom i amended tion No, Si-i? did 21 Oct. 1991.) ©. PHP financial transactions over P20M shall be eppreved/indersed by the Comuiscion en-banc with the Chairman as ining suthority after the phrase : “Ry Anthority of the Commission (Napolcom Resolukion No. §1-16, dated Oet. 4, 1991 as anensed by NAPOLCOM Resolution No. D1-17 dtd 21 Oct. 1981.) d. Certified cop of all’ contracts/purchases for amounts less than three million pesos (P3,000,000), shall be submitted quarterly te the Commission as be: for monitoring, inspection and andit (Rane be Menorandam nior No, 93-908 dated 29 dane Tay, Travel_Abroad All travels abroad of PRP officers and non-officers, rogacdless vf duration and on official status or otherwise, shall be subject to the approval of the Napnleom throngh the Chairman and/or Vice-Chairman and complianee with Executive omler No. 248 Sec. 4. Delegation of Authority. - Except’ for those uhich are explicitly vested to the Conmission en bans, to the Chairman, to the Viee-Chairman and/or to the Commissioner: in- charge, the anthority of the Commission to review, approve/disapprove, modify or indorse PNP personnel actions and/or PNP financial transactions involving regional operations, should be =~ as they are hereby -- delegated to the Napoleom Regional Direstors concerned. Sec. 5. Measure to Ensure Compliance. In order to ensure PNP compliance with the provisions of this Circular, copies thercof sholl be furnished to 411 agencies and offices concerned, particularly, the Office of the President, the Commission on Audit and the/Civil Service Commission, for their information and guidance. take ef 6. Rffectivity. - |This Memorandum Circular shall et immeriately. PROMULGATED, this 27thday of July 1994, at Makati, Netro Wanila, Philippines. | | | RAFARTOM, |ATMINAN Renretany, BMG/ Chairnan] tpeloom 53 oN ° oa ‘ ON(TLLERMG P. ENRIQUEZ, OR { Comm issione iee-Chairman/ixecutive officer i a THERES, . issioner MIS. ALEXIS C,, CANONP~ADO Commission. FEOEALCO S, COMANDANTE Commissioner ‘N Attest “ERALDO ID CUADERNO D€puty Executive Officer contre) . . LAS/RLC/appr 5h