Amendments to E.O. No. 1012 Re: General and Administrative Supervision and Control Over INP Forces

May 14, 1985

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: casia

SECTION 1. Section 1 of Executive Order No. 1012 is hereby amended to read as follows:

"SEC. 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 overall peace and order campaign is negated, the President of the Philippines motu proprio, or upon recommendation of the Provincial Commander/Provincial Police 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."

SECTION 2. Section 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."

SECTION 3. Section 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 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 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."

SECTION 4. Section 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 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 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."

SECTION 5. Section 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."

SECTION 6. Section 6 of Executive Order No. 1012 is hereby amended to read as follows:

"SEC. 6. The reassignment of members of the police force as envisioned in Sections 3 and 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."

SECTION 7. Section 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 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 National Defense and the Minister of Local Government, the case shall be elevated to the President of the Philippines for final resolution. asia dc

"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."

SECTION 8. Section 16 of Executive Order No. 1012 is hereby amended to read as follows:

"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 in cases 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."

SECTION 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. casia

SECTION 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.

Published in the Official Gazette, Vol. 81 No. 23 page 2430 on June 10, 1985.