Guidelines and Procedures on Deputation of Barangay Tanods as Members of Police Auxiliary Units ( NAPOLCOM Memorandum Circular No. 013-08 )
March 31, 2008
August 21, 2008
NAPOLCOM MEMORANDUM CIRCULAR NO. 013-08
PRESCRIBING GUIDELINES AND PROCEDURES GOVERNING THE DEPUTATION OF BARANGAY TANODS AS MEMBERS OF POLICE AUXILIARY UNITS (PAUs) AND AUTHORIZING THE DEPLOYMENT OF PNP UNIFORMED PERSONNEL TO ACT AS SUPERVISOR OF PAU MEMBERS
WHEREAS, Article II, Section 4 of the 1987 Constitution provides that "The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service";
WHEREAS, Section 16 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991 provides that "...,local government units shall ensure and ...maintain peace and order and preserve the comfort and convenience of their inhabitants";
WHEREAS, Executive Order No. 546, dated July 14, 2006, directed the Philippine National Police (PNP) to undertake active support to the Armed Forces of the Philippines (AFP) in the internal security operations for the suppression of insurgency and other serious threats to national security;
WHEREAS, the said EO also authorizes the PNP to deputize the barangay tanods as force multiplier in the implementation of the peace and order plan subject to the concurrence of the appropriate Local Chief Executive through the Local Peace and Order Council (LPOC);
WHEREAS, in line with the foregoing objectives, there is a need to prescribe guidelines to govern the deputation of barangay tanods as members of PAUs and to authorize the PNP to deploy its uniformed personnel to act as supervisor thereof;
NOW THEREFORE, the Commission in the exercise of its Constitutional and statutory authority to administer and control the PNP, HAS RESOLVED, AS IT HEREBY RESOLVES, to prescribe guidelines and procedures governing the deputation of barangay tanods as members of Police Auxiliary Units and authorizing PNP uniformed personnel to act as supervisor thereof, to wit:
A. General Guidelines
1. The deputation of barangay tanods as members of the police auxiliary units of the local governments (cities and municipal levels) shall be allowed only when there is a pressing need to involve their services in the suppression of insurgency and other serious threats to national security. The need for the deputation of barangay tanods shall be determined based on area assessment by the Directorate for Intelligence. TIcAaH
2. The deputation of barangay tanods as members of PAUs and their employment thereof shall be consistent with the related issuances of the Department of the Interior and Local Government implementing Executive Order No. 546.
3. The PNP Regional Directors and the Provincial Directors shall designate Police Non-Commissioned Officers who shall serve as supervisors of the Police Auxiliary Units of the local governments. The supervisors shall be drawn from the Regional Mobile Groups (to be detailed to PAUs of provinces, highly urbanized cities and NCR Cities) and from the Provincial Mobile Groups (to be detailed to PAUs of component cities and municipalities).Each supervisor shall be placed under the operational control of the concerned local chief executive thru the Chief of Police to oversee and direct the operations of the local PAUs.
4. The qualifications for membership to the PAUs shall be continuing in character and an absence of anyone of them at any given time shall be a ground for cancellation of the Deputation Order. In order to be eligible for deputation and be subsequently accredited as a member of the PAU, a barangay tanod shall have the following minimum qualifications:
a. Must be a law abiding citizen and must have no derogatory report or record;
b. Of good moral character;
c. Has not been convicted of any crime; and
d. Must be at least 18 years of age but not over sixty-five (65) years old.
5. The PAU members shall perform functions that are related to law enforcement, order maintenance, information gathering within their respective barangays/localities. Specifically, they shall perform the following duties and responsibilities:
a. Gather information and report the same to police authorities;
b. Secure the crime scene until such time that it is processed by qualified PNP personnel;
c. Effect an arrest pursuant to the provision of Rule 113 of the Rules of Court;
d. Assist in law enforcement and neighborhood watch;
e. Assist in the identification and implementation of public safety development projects;
f. Assist in Disaster and Relief Operations; and
g. Perform such other functions and duties as may be prescribed by proper authorities;
6. The Chief, PNP reserves the right to terminate the deputation of barangay tanods at any time or as may be warranted. Such termination of Deputation Order and the revocation of Identification Card of PAU member shall cause the cancellation of his Certificate of Registration.
7. Periodic review on the guidelines herein provided, in consultation with the Peace and Order Council (through the City Director or Chief of Police),shall be conducted by the Directorate for Operations. HESAIT
8. Inter-Barangay coordination shall be made in cases where the information gathering requires the assistance and cooperation of neighboring barangays.
B. Procedures on the Deputation of Members of Police Auxiliary Units
1. The deputation of barangay tanods shall follow the process as shown in Figure 1 while the registration of membership of deputized barangay tanods to PAU shall follow the flowchart as shown in Figure 2. The deputation of barangay tanods shall be confirmed by the Chief, PNP (thru the Director for Personnel and Records Management).Subsequently, the Deputation Orders (in a form of Identification Card) shall be issued by the Regional Director/Provincial Director upon confirmation of the Chief, PNP and completion of the required training. Likewise, a Certificate of Registration which shall be in a form of Identification Card shall be issued by the Regional Director or the Provincial Director, as the case may be. The Certificate of Registration shall be issued upon approval of the Chief, PNP.
2. No barangay tanod shall be deputized and be subsequently recognized as PAU member without appropriate resolution by the Local Peace and Order Council (POC) recommending the approval of such to the concerned Provincial Director (in the case of component cities and municipalities) and Regional Director (in the case of highly urbanized cities and independent component cities).
3. The City Director or the Chief of Police shall ensure that all recommended barangay tanods possess all the qualifications provided under Paragraph III (1d) hereof. He shall submit to the Regional Director or Provincial Director the approved POC resolution together with a copy of personal data sheet, result of drug test, medical and neuro-psychiatric examinations, NBI and police clearances of the recommendees.
4. Upon approval of the recommendation, the qualified barangay tanods shall complete the required training such as, but not limited to the following: Basic Intelligence and Information Gathering, Basic Investigation, Human Rights, Operational Procedures, Barangay Information Network, Barangay Organization and Mobilization, Community-Oriented Policing System, First Responders, Basic Intervention Techniques, Disaster Relief and Rescue Operations, and Traffic Direction and Control.
5. The PNP recognized PAU member shall assume their duties and responsibilities upon taking Oath of Deputation or upon receipt of their Certificate of Registration (for PAU members) which shall be administered by the Provincial Director, City Director or the Chief of Police after the completion of the required training.
6. The Deputation Order of a barangay tanod and Certificate of Registration of PAU member shall be renewed every year, unless it has been cancelled or terminated by the appropriate authorities.
C. Monitoring the Performance of Deputized Accredited PAU Members
1 The Directorate for Operations shall be the Office primarily responsible (OPR) in overseeing the implementation of this Circular which shall submit a quarterly monitoring and evaluation report to the Chief, PNP (thru: DCO).
2. The PNP Cadre shall submit Daily Operations Report to the Provincial Director, PPO/City Director, CPO and to the concerned local government executives. IaSCTE
3. The City Director or Chief of Police shall monitor and evaluate the performance of the deputized barangay tanods.
D. Authority to Discipline PAU Members
1. The authority to discipline the deputized PAU members is vested in the Barangay Captains. However, the City Director or the Chief of Police may recommend the imposition of thirty (30) days suspension or cancellation of the deputation on any of the following grounds:
a. Disloyalty to the Republic of the Philippines;
b. Culpable violation of the Constitution and human rights;
c. Misconduct;
d. Abuse of Authority.
2. The cancellation of the Deputation Order, based on any act that constitutes violation of law, shall be without prejudice to the filing of the appropriate charges as warranted by evidence.
3. Appropriate recognition may be extended to deserving deputized PAU members for meritorious and valuable services rendered to the PNP in connection with the implementation of EO 546.
E. Administrative and Logistical Requirements
1. The Regional Directors/Provincial Directors/Chiefs of Police shall request fund support for the administrative requirements for mobilization, recruitment and training from the concerned local government units. The fund support may include allowances, clothing/uniform allowance, operational fund, health care and insurance, and basic individual equipment of each Barangay Tanod/PAU member.
2. PAU members shall wear distinct uniforms to be designed by the PNP.
F. Provision of Firearms and Ammunition
1. The firearms that may be authorized for issuance to the deputized barangay tanods and PAU members shall be subject to the prevailing situation in their respective localities and availability of resources.
2. The firearms of the deputized barangay tanods and Police Auxiliary Units must be licensed as properties of the local government units. Only one firearm shall be issued to each deputized Barangay Tanod/PAU member.
3. All other logistical procedures pertaining to ammunition replenishment, and turn-in of issued firearms shall be based on existing laws, and policies and procedures of the PNP.
G. Designation of PNP Supervisors to Police Auxiliary Units
1. The PNP shall designate Cadres for every duly authorized and recognized police auxiliary unit of the local government units organized according to the company type formation. It shall be composed of not more than eighty-eight (88) members and twelve (12) police cadres in highly urbanized areas and the provincial level.
2. The Cadres of the PAUs must have undergone the required cadre training to be provided by the Special Action Force (SAF).They shall exercise command and control over the legitimate operations of the Police Auxiliary Units. Hence, PAU members shall not be allowed to operate without the presence of their designated Cadre/s. The designated Cadres shall conduct daily accounting of their PAU members. EDSHcT
H. Accreditation, Administration and Utilization of Police Auxiliary Units
1. The accreditation of Police Auxiliary Units shall adhere to the procedures as shown in Figure 3. The approving authority on the accreditation of all PAUs of the local government units is exclusively vested on the Chief, PNP. The Certificate of Accreditation of PAU shall be issued by the Regional Director, Police Regional Office upon approval of the accreditation.
2. The qualified PAUs will support the PNP on the maintenance of peace and order, internal security and public safety in their respective localities.
3. The PAUs may also be employed for the security of vital facilities, intelligence collection in support to investigation and filing of cases against insurgents, public information drives, community relations and development, humanitarian assistance activities, and to deter the insurgents from conducting local social investigation and class analysis (SICA) activities.
4. As a general rule, the display of firearms shall be allowed only when PAU members are in proper uniform. Under other circumstances, the carrying of firearms shall be subject to existing rules and regulations. Specific issuances relative thereto shall be formulated by the Directorate for Operations.
I. Relationship Between the PNP and the PAU
The PNP Cadres and the PAUS shall be under the operational supervision and control of the local chief executives (LCEs). The Regional/Provincial Director shall exercise administrative supervision and control over the PNP Cadres. However, in consonance with Section 51 (b) of R.A. No. 6975 as amended by R.A. No. 8551, the PNP Cadres shall be placed under the operational control of the Commission on Elections during the thirty days period immediately preceding and the thirty (30) days following any national, local or barangay elections.
The Chief, PNP may at anytime, where public interest so requires, suspend/cancel the deputation of barangay tanods and registration of PAU members. As the situation so demands particularly during pre-election and post election periods, the accreditation of PAU and its existence and operation shall likewise be disauthorized.
J. Relationship of PAU with CAFGU/SCAA
The operational relationship of the PAU with the CAFGU/SCAA in the locality shall be similar to the relationship between the PNP units and the AFP units in the area.
K. Deactivation of PAU
1. Once the peace and order situation in the locality has returned to normal based on the area threat assessment of the Directorate for Intelligence, the Regional Director shall cause the revocation of the Accreditation Certificates of PAU members. He shall likewise recall the detail of PNP Cadres.
2. Pending approval of the recommendation for deactivation, the Regional Directors/Provincial Directors shall coordinate with the concerned LGUs for the recall of firearms and all equipment issued to the PAU members subject to existing LGU property systems and procedures.
All issuances contrary to or inconsistent with this Circular are hereby repealed or amended accordingly.
This Circular shall take effect immediately. ECaAHS
Adopted this 21st day of August 2008, at Makati City, Philippines.
(SGD.) RONALDO V. PUNOChairman
(SGD.) EDUARDO U. ESCUETACommissioner
CELIA V. SANIDAD-LEONESCommissioner
MIGUEL G. CORONELCommissioner
(SGD.) LUIS MARIO G. GENERALCommissioner
(SGD.) AVELINO I. RAZON, JR.Commissioner
Attested by:
(SGD.) ADELMALYN A. MUNIEZA
Chief, Secretariat
FIGURE 1
Flow Chart on the Appointment/Deputation of Barangay Tanods
FIGURE 2
Flow Chart on the Appointment of Deputized Barangay Tanod as Member of Police Unit
FIGURE 3
Flow Chart on Accreditation of Police Auxiliary Units
FIGURE 4
Relationship Between the PNP and the PAU
FIGURE 5
Relationship Between the PNP and the PAU