Relative to Part XX on Law Enforcement and Other Pertinent Provisions of the Integrated Reorganization Plan

December 31, 1972

LETTER OF IMPLEMENTATION NO. 21

RELATIVE TO PART XX ON LAW ENFORCEMENT AND OTHER PERTINENT PROVISIONS OF THE INTEGRATED REORGANIZATION PLAN

 

Pursuant to Presidential Decree No. 1, dated September 24, 1972, Reorganizing the Executive Branch of the National Government, you are hereby directed to implement Part XX on Law Enforcement and other pertinent provisions of the Integrated Reorganization Plan, hereinafter referred to as the "Plan," prepared by the Commission on Reorganization, as amended by Presidential Decree Nos. 12, 12-A, and 12-B, dated October 3, 4, and 28, 1972, respectively, as follows:

ORGANIZATION OF THE NATIONAL POLICE COMMISSION

SECTION 1. The organization and functions of the National Police Commission, hereinafter referred to as the "Commission," shall be in accordance with the Provisions of Part XX and other pertinent provisions of the Plan, as amended by Presidential Decree Nos. 12, 12-A and 12-B, and the details contained in this Letter of Implementation.

SECTION 2. The organization of the Commission, as graphically depicted in the following organization chart, shall consist of the Commission proper; the Office of the Chairman-Executive Officer composed of his immediate Office, the Planning Service, the Financial and Management Service, the Personnel Service, and the Administrative Service; the Communications Branch; the Inspection, Investigation and Intelligence Branch; the Legal Affairs Branch; the Police Training Branch; the Adjudication Boards created pursuant to Presidential Decree No. 12; and the Boards of Investigators likewise created pursuant to the said Decree.

RELATIONSHIPS BETWEEN THE COMMISSION, STAFF SERVICES, AND OPERATING BRANCHES AND UNITS

SECTION 3. The Office of the Chairman-Executive Officer shall have direct line supervision over the staff services and operating branches and units. It shall have responsibility for overseeing operations to insure the judicious and effective implementation of police professionalization and police reform programs and projects of the Commission as initially drawn by the staff services and operating branches and units along their respective areas of responsibility. It shall constantly draw from the staff services and operating branches and units such advice and assistance as may be necessary to successfully achieve the goals and objectives of the Commission.

FUNCTIONAL STATEMENTS OF THE NATIONAL POLICE COMMISSION

SECTION 4. In conformity with the above set of functional relationships, the functions, powers, duties, and responsibilities of the Commission and its various units shall be as follows:

COMMISSION

SECTION 5. The Commission shall perform the relevant functions of the present Police Commission under Section 4 of Republic Act No. 4864.

In addition, it shall have the following powers and duties:

1. Supervise and control the activities of such law enforcement agencies as may be, formed or placed under its jurisdiction;

2. Establish standards for the examination and audit on a continuing basis of all local police agencies throughout the country;

3. Promulgate standards for sound police personnel management and administration throughout the country;

4. Note and keep a record of all appointments and promotions of officers and members of local police forces and, through the Chairman-Executive Officer, disapprove within ninety days after submission to it, those where the appointees do not possess the corresponding legal qualifications or eligibility: Provided, That such appointments shall become immediately effective upon the assumption of duties of the appointees, entitling them to receive all the corresponding salaries and benefits, until notice of final disapproval if this should take place, without prejudice to the liability of the local appointing authority under Section 43 of Republic Act Numbered Two thousand two hundred and sixty, as amended;

5. Give appropriate examinations for officers and members of local police agencies, as well as for technical positions in local police laboratories, with the assistance of the Civil Service Commission;

6. Establish policies on the organization and operation of a Police Training Branch and Regional Police Academies, hereinafter provided for the police training of officers and members of local police agencies;

7. Administer the Peace and Order Special Account Fund under Republic Act Numbered Six thousand one hundred and forty-one, as amended by Presidential Decree No. 10, dated October 2, 1972;

8. Establish and supervise an integrated communications system for all local police agencies;

9. Exercise direct supervision and control over the Boards of Investigators created pursuant to Presidential Decree No. 12; Exercise the following functions pursuant to Presidential Decree No. 12-A, as amended by Presidential Decree No. 12-B;

(a) suspend policemen charged in administrative cases where the penalty of dismissal had already been rendered by the present Police Commission en banc but have not been implemented by reason of the filing of a petition for reconsideration or appeal to courts of justice, until the Adjudication Board or the court has promulgated the appropriate resolutions or decisions on their cases;

(b) suspend any member of the police force or agency accused in court of any felony or violation of law by the city or municipal attorney, or by the chief of the city or municipal police, or by the provincial or assistant provincial fiscal or city or assistant city fiscal, or by an authorized representative of the National Bureau of Investigation or the Philippine Constabulary, until final decision by the court, unless sooner lifted by the Commission;

(c) act upon recommendations of the Boards of Investigators as organized under Presidential Decree No. 12 for the summary removal or dismissal of respondents in any of the cases specified in Paragraph 1 of Presidential Decree No. 12-A, as amended by Presidential Decree No. 12-B;

(d) act upon recommendations of the Boards of Investigators created under Section 15 of Republic Act No. 4864, which shall continue to function pending the constitution of the new Boards of Investigators under Presidential Decree No. 12, for the suspension or summary removal or dismissal of respondents in any of the cases specified in Paragraph 1 of Presidential Decree No. 12-A, as amended by Presidential Decree No. 12-B;

(e) act upon recommendations of the Adjudication Boards for the summary removal or dismissal of respondents in any of the cases specified in Paragraph 1 of Presidential Decree No. 12-A, as amended by Presidential Decree No. 12-B; and

(f) execute and implement all orders and decisions for suspension or dismissal of members of police forces.

10.  Perform such other functions as may be provided by law.

FUNCTIONS OF THE COMMISSION PROPER

SECTION 6. The Commission proper, as a governing body composed of the Chairman and four members, shall perform the following functions, among others:

1. Advise the President, through the Chairman Executive Officer, on the promulgation of executive orders, regulations, and decrees relative to matters under the jurisdiction of the Commission;

2. Promulgate rules and regulations necessary to carry out Commission objectives, policies, and functions;

3. Approve the annual and supplemental budgets of the Commission;

4. Exercise appellate jurisdiction over and render final decision on claims for death and disability benefits of members of local police agencies under the Police Act of 1966; and

5. Perform such other functions as may be provided by law.

OFFICE OF THE CHAIRMAN-EXECUTIVE OFFICER

SECTION 7. The immediate Office of the Chairman-Executive Officer shall consist of the Chairman in his capacity as Executive Officer of the Commission, the Assistant Executive Officer, and the personnel in their immediate office. It shall be responsible for the implementation of rules and regulations promulgated by the Commission to carry out its policies and objectives, and for exercising general supervision and control over the staff services and operating branches and units of the Commission.

Functions of the Chairman-Executive Officer

SECTION 7.1. The functions of the Chairman-Executive Officer shall be as follows:

1. Supervise, direct, and coordinate the overall operations of the Commission;

2. Prepare and submit periodic reports and other special reports of the Commission as may be required from time to time by the President or Congress;

3. Implement and/or execute the policies, directives, programs, and projects formulated and adopted by the Commission;

4. Establish standards for the operation of the Commission pursuant to the President's program of government;

5. Delegate authority for the performance of any function to officers and employees under his direction;

6. Appoint and discipline personnel of the Commission subject to confirmation by the Commission proper;

7. Prepare the agenda for, and preside at meetings of, the Commission proper;

8. Transmit to the President rules, regulations, and other guidelines adopted by the Commission proper which require Presidential attention and/or approval;

9. Submit the annual and supplemental budgets of the Commission for the consideration and approval of the Commission proper;

10. Create Adjudication Boards and Boards of Investigators pursuant to Presidential Decree No. 12;

11. See to it that cases filed with and/or referred to the Boards of Investigators are acted upon without undue delay;

12. Promulgate rules and regulations for the implementation of Presidential Decree Nos. 12, 12-A and 12-B; and

13. Perform such other functions as may be provided by law.

Functions of the Assistant Executive Officer

SECTION 7.2. The functions of the Assistant Executive Officer shall be as follows:

1. Assist the Chairman-Executive Officer in supervising, directing, and coordinating the overall operations of the Commission;

2. Advise and assist the Chairman-Executive Officer in the implementation and/or execution of the policies, directives, programs, and projects formulated and adopted by the Commission;

3. Oversee all the operational activities of the Commission for which he shall be responsible to the Chairman-Executive Officer;

4. Serve as deputy to the Chairman-Executive Officer on all matters relating to the operations of the Commission; and

5. Perform such other functions as may be provided by law.

SECTION 7.3. The immediate Office of the Chairman-Executive Officer shall maintain a secretariat which shall have the following functions, among others:

a. Render secretarial services to the Commission en banc and the Adjudication Boards during their deliberations, meetings, and conferences;

b. Keep records of proceedings during such deliberations, meetings, and conferences and render other services in relation thereto; and

c. Perform such other functions as may be provided by law.

FUNCTIONS OF THE PLANNING SERVICE

SECTION 8. The Planning Service shall, among others, be responsible for providing the Commission with economical, efficient, and effective services relating to program planning, project development and evaluation, research, and statistics; plans for the uniform organization of local police agencies and for the improvement of current police administrative and management practices; and an up-dated police manual and system of uniform crime reporting. It shall have a Program Planning Division and a Research and Statistics Division with corresponding duties and responsibilities, as follows:

Functions of the Program Planning Division

SECTION 8.1. The Program Planning Division shall, among others, be responsible for the development and formulation of long-range and short-range goals and objectives of the Commission; development of plans for the uniform organization of local police agencies; review and integration of the whole range of project proposals developed and the formulation of the overall short-range programs for development in the sector covered by the Commission, including the development and formulation of basic policies and guidelines for the preparation of the Commission budget.

Pursuant thereto, the Division shall have the following functions, among others:

a. Formulate basic policies and guidelines for the preparation of the Commission budget and coordinate with the Budget Division in the preparation of the same;

b. Formulate criteria for determining priorities for proposed projects, indicate the desired areas for development, and devise financing schemes for approved projects;

c. Undertake such re-programming as necessary in accordance with actual cash resources made available, including the determination of cut backs and/or projects to be included from unprogrammed to programmed category;

d. Evaluate periodically performance reports and appraise the progress of project implementation against goals and objectives;

e. Set schedules and timetables for project execution;

f. Develop plans for the improvement of current police administrative and management policies;

g. Develop procedures for the effective performance of police operations and methods;

h. Develop plans for the standardization of arms, equipment, police uniforms, insignias of rank, awards, and medals of honor;

i. Prepare and update the police manual, rules, and regulations;

j. Study and analyze police requirements and develop plans for a standard measurement of police services;

k. Develop plans for a crime prevention program for installation in local police agencies; and

l. Perform such other functions as may be provided by law.

Functions of the Research and Statistics Division

SECTION 8.2. The Research and Statistics Division shall, among others, compile and analyze statistical data; prepare and distribute periodical statistical reports; plan and prepare a system of Uniform Crime Report; and conduct continuing research and analysis of social and economic conditions and trends as they affect peace and order.

Pursuant thereto, the Division shall have the following functions, among others;

a. Initiate and administer research programs and projects on crime and crime prevention;

b. Evaluate and assess grants program to support research of significance to the functions of law enforcement;

c. Compile research on crime arid police studies performed in foreign countries and make studies and recommendations on their applicability to local conditions;

d. Survey crime prevention and suppression activities of law enforcement agencies;

e. Determine the basic or "required" list and "extended" list of recommended forms used by law enforcement agencies and study their implications insofar as volume of work involved in processing the data included both in the basic or "required" as well as in the "extended" list is concerned; and

f. Perform such other functions as may be provided by law.

FUNCTIONS OF THE FINANCIAL AND MANAGEMENT SERVICE

SECTION 9. The Financial and Management Service shall, among others, be responsible for providing the Commission with staff advice and assistance in budgeting, financial and management improvement, including the implementation of subsidy grants to local police agencies meeting prescribed standards under existing law. It shall have an Accounting Division, a Budget Division, a Management Division, and a Subsidy Division with corresponding duties and responsibilities, as follows:

Functions of the Accounting Division

SECTION 9.1. The Accounting Division shall have the following functions, among others:

a. Maintain basic accounting records and books of accounts to reflect accurately and currently the financial condition of the Commission;

b. Review reports of collecting and disbursing officers for accuracy, legality, and reasonableness of the items reported;

c. Prepare payroll records from information furnished by operating units;

d. Process requisitions and certify to the availability of funds prior to incurring of obligations;

e. Process vouchers and prepare checks and/or warrants for the payment of government obligations;

f. Provide for the preparation of checks and/or warrants and for the safekeeping of blank warrants;

g. Prepare billings to debtors of the National Government and maintain subsidiary records as required, except in field offices where accounting personnel are not established, in which case, collecting officers shall perform this function;

h. Maintain book control of stock supplies and materials and sales stock, including issues therefrom, so as not to exceed authorized ceiling of reimbursable funds and the allotment of the Commission for the purpose;

i. Maintain accounts providing cost data by area of responsibility, project, product, or other units needed by agency management for cost control;

j. Maintain records pertaining to fiduciary funds and other trust funds including, where necessary remittances of collections, deductions from payrolls, and other items payable to government agencies, insurance companies, and other private entities;

k. Follow-up operating personnel in the liquidation of cash advances, accounts receivable, and accounts payable, including trust funds and dormant accounts of the Commission;

l. Prepare reports and statements required for agency management and for other government entities authorized to receive such data;

m. Advise the Commission on the status of appropriations and allotments and such other financial matters as may be needed;

n. Provide such data as may be required by the Budget Commission, the General Auditing Office, and the Department of Finance; and

o. Perform such other functions as may be provided by law.

Functions of the Budget Division

SECTION 9.2. The Budget Division shall have the following functions, among others:

a. Develop and improve budgetary methods, procedures, and justifications;

b. Provide, subject to budgetary ceilings, fund estimates in support of the Commission's operations, plans, and programs;

c. Assist the Commission in the presentation of its budgetary estimates before administrative and legislative bodies;

d. Provide technical guidance and assistance in the application and utilization of budgeting methods and the budget system;

e. Prepare annual financial work plans;

f. Allocate, in coordination with the Planning Service, available funds to programs on the basis of approved guidelines and priorities;

g. Issue allotment advice in support of the fund requirement for the conduct of operations under each program;

h. Review performance reports to determine conformance with set standards;

i. Prepare financial reports for management guidance and as required by higher authorities;

j. Supervise the implementation of budget directives;

k. Administer and supervise operation of budgetary-reporting;

l. Exercise technical supervision over the preparation of budget estimates of units within the Commission;

m. Act as liaison of the Commission to the Budget Commission and Congress with regards to budgetary-requests;

n. Supervise the distribution of work and give instruction and guidance on work methods and procedures; and

o. Perform such other functions as may be provided by law.

Functions of the Management Division

SECTION 9.3. The Management Division shall have the following functions, among others:

a. Develop plan and program objectives relative to management improvement in the Commission;

b. Examine the administrative organization of the Commission and make recommendations for improvement;

c. Maintain and update the Commission's organization and manuals;

d. Undertake regular management surveys of organizational structure, manpower, and operations; study special problems as assigned; review existing methods, procedures, and systems; and make recommendations for improvement;

e. Develop new and improved management system; exercise staff supervision over the implementation of such improvement; and provide training in the use of the system;

f. Develop staffing standards and manpower requirements for the Commission;

g. Review internal control systems for safeguarding money and property to ascertain weaknesses and deficiencies requiring correction;

h. Perform continuing research and study for the coordination of functions and activities of the staff services and operating branches and units of the Commission for better and effective management;

i. Conduct specific studies of service and branch operations to maintain harmony and eliminate overlapping of functions, improve working conditions, reduce cost, and promote maximum efficiency and control of manpower;

j. Establish safeguards in the administration of the Peace and Order Special Account, property, and accounting books by implementing an effective internal control;

k. Compile reports and statistical data involving financial matters;

l. Conduct audit of salary subsidy disposition by local governments; and

m. Perform such other functions as may be provided by law.

Functions of the Subsidy Division

SECTION 9.4. The Subsidy Division shall have the following functions, among others:

a. Process and implement payment of salary subsidy grants in accordance with existing laws, circulars, rules, and regulations;

b. Process and implement equipment subsidy grants to deserving police agencies in accordance with existing laws, rules, and regulations; and

c. Perform such other functions as may be provided by law.

FUNCTIONS OF THE PERSONNEL SERVICE

SECTION 10. The Personnel Service shall, among others, perform personnel functions for the Commission, process the appointments of officers and members of local police agencies, and assume the functions of the present Police Commission relative to the giving of police examinations. It shall have a Personnel Transactions Division and an Examination Division with corresponding duties and responsibilities, as follows:

Functions of the Personnel Transactions Division

SECTION 10.1. The Personnel Transactions Division shall, among others, be charged with the development and administration of personnel programs and shall process the appointments of officers and members of local police agencies.

Pursuant thereto, the Division shall have the following functions, among others:

a. Advise the Commission on personnel policy and administration;

b. Develop and administer a personnel program which shall include selection and placement, classification and pay, career and employee development, performance rating, employee relations, and welfare services;

c. Act on all matters concerning attendance, appointments, promotions, transfers, and other personnel transactions;

d. Conduct training programs for the personnel of the Commission;

e. Maintain records of personnel in the Commission and of all policemen in the Philippines; and

f. Perform such other functions as may be provided by law.

Functions of the Examination Division

SECTION 10.2. The Examination Division shall have the following functions, among others:

a. Prepare police tests and examination ratings;

b. Certify and record the results of the examination for all police personnel;

c. Evaluate the qualifications of applicants preparatory to their certification to local police agencies;

d. Evaluate the qualifications of applicants preparatory to their admission to take police service examination;

e. Maintain up-to-date records of police eligible; and

f. Perform such other functions as may be provided by law.

FUNCTIONS OF THE ADMINISTRATIVE SERVICE

SECTION 11. The Administrative Service shall, among others, be responsible for providing the Commission with well-planned, directed, and coordinated services relating to public information, records, supplies, equipment, disbursements, custodial and janitorial work. It shall have a General Services Division and an Information Division with corresponding duties and responsibilities, as follows:

Functions of the General Services Division

SECTION 11.1. The General Services Division shall have the following functions, among others:

a. Provide policy guidance on the maintenance and disposition of records and on the procurement and storage of supplies in accordance with government prescribed standards;

b. File and maintain necessary records and establish a records disposition program for the Commission;

c. Provide mail, transportation, custodial, and general utility services for the Commission;

d. Procure, store, and distribute supplies and equipment of the Commission, and conduct periodic inventories of the same;

e. Provide and coordinate messengerial, duplicating, and typing pool services;

f. Receive, collect and deposit cash, prepare payrolls, and process vouchers for payment of the Commission's obligations;

g. Maintain a central library, a photographic laboratory, an armory and printing facilities; and

h. Perform such other functions as may be provided by law.

Functions of the Information Division

SECTION 11.2. The Information Division shall have the owing functions, among others:

a. Develop programs to have the policies, plans, and activities of the Commission properly-understood by the public;

b. Procure and disseminate media materials to implement the information program of the Commission;

c. Coordinate with the Department of Public Information in the Office of the President;

d. Advise the Commission on all phases and aspects of public information and public relations; e. Observe and analyze public opinion trends;

f. Act as the official spokesman of the Commission and, in that capacity, disseminate information concerning the police service upgrading and professionalization objectives and activities of the Commission, utilizing all information media for that purpose;

g. Provide editorial direction and photographic and art services for all publications of the Commission, including the annual report, information bulletins and other vehicles for public information;

h. Receive and attend to all visitors and callers within the framework of a public assistance system that features centralized follow-ups in lieu of direct visits to the various services and branches and units concerned;

i. Act as historian of the Commission and as such undertake special historical studies, researches, and documentation work; compile references and source materials in the Commission archives; and maintain a clipping service; and

j. Perform such other functions as may be provided by law.

FUNCTIONS OF THE COMMUNICATIONS BRANCH

SECTION 12. The Communications Branch shall, among others, advise the Commission on communications-electronics matters; be responsible for the efficient and effective operation of the communications network of the Commission; prepare plans and programs on communications installation; allocate and control radio frequencies for police communications; and prepare standard operating procedures pertaining to operations, repair, maintenance, and support of communications-electronics equipment. It shall have an Operations Division and a Maintenance Division with corresponding duties and responsibilities, as follows:

Functions of the Operations Division

SECTION 12.1. The Operations Division shall have the following functions, among others:

a. Prepare and issue policies, guidelines, and standard operating procedures, as well as rules and regulations pertaining to the use and operation of police communications network throughout the country;

b. Inspect and evaluate the effectiveness and efficiency of law enforcement communications systems and submit recommendations;

c. Submit accomplishment reports, plans, programs, budget estimates, project studies, statistics, and other requirements pertaining to the Division;

d. Review and submit engineering plans and Law Enforcement Communications System (LEGS) programming;

e. Review and supervise technical training programs for dispatchers and radio technicians;

f. Supervise the operational and administrative radio network of the Commission;

g. Issue instructions and directives from time to time for optimum work performance of Regional LEGS Supervisors; and

h. Perform such other functions as may be provided by law.

Functions of the Maintenance Division

SECTION 12.2. The Maintenance Division shall have the following functions, among others:

a. Issue guidelines on metering and calibration requirements, test measurement procedures, and preventive check-up of all radio and test equipment operated and maintained by the Commission;

b. Review and submit requisitions of spare parts and other requirements needed in the repair and maintenance of organic test and measuring equipment;

c. Prepare and issue supply management guidelines and procedures pertaining to technical supply;

d. Submit regularly inventory on supplies, equipment, tools, and other materials;

e. Coordinate instruction in the training of LECS technicians;

f. Coordinate with the Operations Division for the effective and efficient performance of the Branch;

g. Submit statistics, data, and other reports as required; and

h. Perform such other functions as may be provided by law.

FUNCTIONS OF THE INSPECTION, INVESTIGATION AND INTELLIGENCE BRANCH

SECTION 13. The Inspection, Investigation and Intelligence Branch shall, among others, conduct continuous inspection and audit of the performance, activities, and facilities of all local police agencies; collect, record, evaluate, and analyze information and conduct investigation and operations relative to police anomalies and irregularities; conduct intelligence coverage on matters pertaining to complaints and/or cases against members of any police agency referred to the Branch; and conduct background checks of members of local police agencies. It shall have an Inspection Division, an Intelligence Division, and an Investigation Division with corresponding duties and responsibilities, as follows:

Functions of the Inspection Division

SECTION 13.1. The Inspection Division shall have the following functions, among others:

a. Conduct regular and periodic inspection and audit of the existing local police functions (Operations or Line Functions, Services or Auxiliary Functions, and Administrative or Managerial Functions) and programs; determine compliance with existing laws, rules, regulations, and other requirements; and stimulate improvement in respective areas of police management;

b. Advise and assist local police agencies in the installation and application of the Commission's policies, regulations, and instructions and in correcting deficiencies in their operations as revealed through inspection, investigation, and other means;

c. Assist local police agencies in the improvement of all areas of management by bringing to their attention new and improved management practices, methods, and techniques;

d. Provide top police managerial officials with agency-wide evaluation and analysis of their organization and administration, and advice them accordingly;

e. Conduct special inspection surveys as needed and/or as requested by police agencies;

f. Provide, upon special request and approval, service of an evaluative or consultative nature for projects or programs not normally within the jurisdiction of the Commission;

g. Represent the Commission in all field inspections, except in matters involving policy decisions yet to be made;

h. Coordinate and supervise the functions, duties, and responsibilities of regional inspection offices such as the Luzon Inspection Section, Mindanao Inspection Section, and Visayas Inspection Section, and their respective personnel within the divisional area;

i. Review and approve for referral to the Branch all recommendations coming from the three sections of the Division; and

j. Perform such other functions as may be provided by law.

Functions of the Investigation Division

SECTION 13.2. The Investigation Division shall have the following functions, among others:

a. Conduct investigation of all illegal activities involving policemen;

b. Evaluate and render the corresponding reports on such cases and recommend not only the criminal or administrative prosecution of erring policemen, but also measures to improve the police department set-up, if so warranted by the evidence and observations gathered from the investigation: Provided, That operatives of the Division may, upon prior authorization by the Chairman, prosecute such cases in coordination with the State Prosecutors on detail with the Branch or other branches or services of the Commission;

c. Maintain a log book of all cases investigated for record and future reference purposes;

d. Conduct background checks of all applicants for employment in the Commission, as well as of members of local police agencies;

e. Conduct independent research before submitting the corresponding report on any investigation to support or back-up the recommendations submitted therein;

f. Send out Special Investigators to appear before Investigation Boards as witnesses in cases investigated by them;

g. Inspect police departments in the course of investigation to determine the extent of their performance and accomplishment on certain operations, as distinguished from the administrative functions of such departments;

h. Represent the Commission in all field investigations except in matters involving policy decisions yet to be made;

i. Advise the police department concerned in the course of its field investigation on the proper and correct application of the Commission's policies, regulations, and the Police Manual;

j. Coordinate with the Legal Affairs Branch in certain court proceedings wherein the Commission or any of its officials or personnel is a party; and

k. Perform such other functions as may be provided by law.

Functions of the Intelligence Division

SECTION 13.3. The Intelligence Division shall have the following functions, among others:

a. Conduct intelligence coverage on all matters pertaining to complaints and/or cases against members of any police agency referred to the Commission;

b. Receive, process, and evaluate all intelligence information gathered for appropriate action and/or dissemination to any local police agency or to any national law enforcement agency;

c. Conduct surveillance and/or perform undercover jobs to verify reported criminal or illegal activities of any member of the police force;

d. Maintain files, records, and dossiers on police men with cases pending or otherwise reported to the Commission for future reference;

e. Coordinate with the different police departments regarding complaints referred to the Commission on pending cases for immediate disposition; and

f. Perform such other functions as may be provided by law.

FUNCTIONS OF THE LEGAL AFFAIRS BRANCH

SECTION 14. The Legal Affairs Branch shall, among others, act as the legal adviser of the Commission; prepare decisions on questions of law brought before the Commission; evaluate, with respect to questions of law, the findings of the Inspection, Investigation and Intelligence Branch; prepare interpretations of law that may arise in connection with the provisions of the Police Act and Police Manual; and assist the Commission in supervising and coordinating the investigation of police offenses and claims for police benefits in the Boards of Investigators. It shall have a Police Offenses and Claims Division and a Legal Research and Legislation Division with corresponding duties and responsibilities, as follows:

Functions of the Police Offenses and Claims Division

SECTION 14.1. The Police Offenses and Claims Division shall have the following functions, among others:

a. Assist in the supervision of the Boards of Investigators, verify records and procedures, check and observe the progress and/or status of police administrative cases and claims for police benefits under investigation, and make necessary recommendations for improvement;

b. Coordinate with the members of the Boards of Investigators for the proper performance of their functions and duties, and disseminate policies, memoranda and/or instructions of the Commission;

c. Handle court cases and quasi-judicial proceedings involving the Commission and/or its officials and employees in connection with and/or arising out of their functions and duties other than administrative disciplinary matters;

d. Keep a general docket of all police administrative cases and claims for death and disability benefits of policemen elevated to the Adjudication Boards and the Commission en banc, respectively, from the Boards of Investigators, and assume responsibility for their distribution to the Adjudication Boards or the Commission en banc, as the case may be, for final disposition;

e. Assist the Adjudication Boards in the preparation of decisions and resolutions on police administrative cases, and the Commission en banc in the preparation of decisions and resolutions on claims for police benefits; and

f. Perform such other functions as may be provided by law.

Functions of the Legal Research and Legislation Division

SECTION 14.2. The Legal Research and Legislation Division shall have the following functions, among others:

a. Make researches on questions of law brought before the Commission or those referred to the Legal Affairs Branch by other units of the Commission;

b. Make continuing studies on proposed legislation for the improvement of the Philippine police system;

c. Prepare opinions, rulings or decisions on questions of law brought before the Commission;

d. Prepare interpretations of law that may arise in connection with the provisions of the Police Act, Police Manual, circulars, rules, and regulations;

e. Evaluate, with respect to questions of law, the findings of the Inspection, Investigation and Intelligence Branch and make recommendations thereon; and

f. Perform such other functions as may be provided by law.

FUNCTIONS OF THE POLICE TRAINING BRANCH

SECTION 15. The Police Training Branch shall, among others, be responsible for the police training of the officers and members of local police agencies throughout the country; undertake research and development of police science courses, methods, and procedures; serve as central clearing house for awarding foreign scholarships and advance training grants to representative members of the police forces; and exercise general supervision over the operation of departmental police in-service training programs. It shall maintain such staff as may be necessary to assist, among others, in-the study and formulation of police training policies and plans, programs of instruction, as well as rules and regulations relating to police training.

The Branch shall have Regional Police Academies which shall, among others, serve as the training and educational centers for officers and members of local police agencies and other law enforcement instrumentalities in the region with corresponding duties and responsibilities, as follows:

Functions of the Regional Police Academies

SECTION 15.1. The Regional Police Academies shall have the following functions, among others:

a. Supervise, direct, control, and coordinate the overall operations of the academy;

b. Implement and/or execute the policies, directives, programs, and projects formulated and adopted by the Commission regarding police training;

c. Prepare and submit periodic training reports and area requirements as may be required from time to time by the Chairman-Executive Officer or Branch Head;

d. Coordinate with other training coordinators for the purpose of standardizing training courses;

e. Inform and educate police recruits on fundamental police techniques and procedures to take them competent in discharging basic police duties and assuming general police authorities;

f. Inform and educate experienced police officers on the latest techniques and procedures in law enforcement;

g. Provide refresher courses in specialized areas of duty;

h. Provide such fundamental and specialized instructions on police weapons, combat shooting, and military operations and formations;

Provide physical conditioning courses which will help police officers, develop and maintain the strength, dexterity, agility, and muscular coordination necessary to withstand the rigors of police duties, and special training on techniques of physical self-defense and personal combat to enable police officers to defend themselves while performing their sworn duties; Handle and maintain training records for reference purposes and scheduling of training courses; Determine if police participants for training meet the standard requirements for registration to National Police Commission training courses; Exercise general supervision over the operation of police department in-service training programs; Operate and maintain a regional police library; Conduct training follow-up of graduates of academy to determine the effectiveness and defects of the police training programs preparatory to up-dating the same;

o. n Recommend police officers in the region for local and foreign scholarship grants; and

p. Perform such other functions as may be provided by law.

FUNCTIONS OF THE ADJUDICATION BOARDS

SECTION 16. The functions of the Adjudication Boards created in the Commission pursuant to Presidential Decree Nos. 12, 12-A and 12-B, shall be as follows:

1. Perform the functions of the Commission en banc in the review and final adjudication of administrative cases against members of police forces falling under the Police Act of 1966;

2. Evaluate immediately all administrative cases against members of the police forces now pending before the present Police Commission and should there be a finding that the offense is grave and the evidence of guilt against the respondent is strong, suspend the respondent immediately, such suspension to last until the Board has promulgated the appropriate decision to the case, provided that it may recommend to the Commission the summary removal or dismissal of the respondents in any of the cases specified in Paragraph 1 of Presidential Decree No. 12-A, as amended by Presidential Decree No. 12-B; and 3. Perform such other functions as may be provided by law.

Functions of the Boards of Investigators

SECTION 16.1. The functions of the Boards of Investigators created in each province and city pursuant to Presidential Decree Nos. 12, 12-A and 12-B, shall be as follows:

a. Perform the same duties as the Boards of Investigators under the Police Act of 1966 and implementing executive orders, rules, and regulations relative to the investigation of administrative cases against members of city and municipal police forces;

b. Conduct preliminary inquiry of any administrative charge filed under oath against a member of the local police agency within three days from receipt thereof and, should there be a finding that there is reasonable ground to believe that the respondent is probably guilty of a grave offense, immediately suspend the respondent, such suspension to last until final disposition of the administrative case, unless sooner lifted: Provided, That the Board shall forthwith recommend to the Commission that respondent be summarily removed or dismissed in any of the cases specified in Paragraph 1 of Presidential Decree No. 12-A, as amended by Presidential Decree No. 12-B: Provided, further, That the same procedure shall apply to pending administrative cases absorbed by the newly created Boards under Presidential Decree No. 12, as amended: and, Provided, finally, That pending the constitution of the new Boards of Investigators under Presidential Decree No. 12, the Boards of Investigators created under Section 15 of Republic Act No. 4864 shall continue to function, and shall follow the same procedure outlined in the aforementioned Paragraph 1 of Presidential Decree No. 12-A, as amended, except that they shall not exercise the power to suspend.

c. Submit the records of investigation, findings and recommendations to the proper adjudication Boards, through the Police Offenses and Claims Division, for final adjudication, within the period prescribed in the Police Act of 1966 and decrees, orders, rules, and regulations;

d. Submit a bi-monthly report on the cases referred to them for investigation, indicating the status and/or disposition thereof, to the Chairman Executive Officer of the Commission who shall see to it that cases filed with, and/or referred to, the Boards of Investigators are acted upon and disposed of without undue delay;

e. Perform the same duties as the Boards of Investigators under the Police Act of 1966 and implementing executive orders, rules, and regulations relative to the investigation and adjudication of claims for police benefits, subject to appeal to the Commission en banc whose decision shall be final; and f. Perform such other functions as may be provided by law.

TRANSITORY MEASURES

SECTION 17. In conformity with the foregoing organization and functional statements, you are hereby directed to prepare with the assistance of the Budget Commission, the Civil Service Commission, and the Presidential Commission on Reorganization and submit within ninety days from the promulgation of Presidential Decree No. 1 for the approval of the President supplementary details relative to the Staffing Pattern for the Commission. The Staffing Pattern that shall be developed for purposes of this installation shall, insofar as practicable, be in accordance with the criteria specified in Paragraph 5, Article I, Chapter I, Part XXIII on General Provisions of the Plan.

SECTION 18. Upon the approval of the Staffing Pattern referred to above, appointments shall be made of the personnel to fill the positions authorized in the said Staffing Pattern.

SECTION 19. All appointments to the positions that shall be authorized under the Staffing Pattern referred to above shall, in general, be in accordance with the merit requirements of the Civil Service law and rules and duly approved qualification standards for each position: Provided, That in the case of new position titles, qualification standards therefor shall be developed by the Commission, subject to approval by the President upon recommendation of the Civil Service Commission: Provided, further, That consideration for employment of persons other than those of the agencies and offices affected by this implementation shall be made only after the personnel of such reorganized entities shall have been considered: Provided, finally, That personnel actions which need to be taken as a result of the establishment of the said Staffing Pattern, shall be in accordance with applicable Civil Service law and rules, and the pertinent provisions of Part XXIII on General Provisions of the Plan.

SECTION 20. No original appointments to positions, except confidential positions, in the Staffing Pattern shall be made until all qualified employees in the agencies affected shall have been absorbed to appropriate positions available. You shall furnish the Civil Service Commission a certified list of all employees separated as a result of the implementation of the organization of the Commission together with a justification for their separation.

SECTION 21. The position titles that shall be used in the Staffing Pattern shall be tentative for purposes of initial appointments to positions provided therein. The position titles shall be subject to final determination and allocation to appropriate classes and salary ranges by WAPCO upon conduct of the usual audit of the duties and responsibilities assigned to the positions.

SECTION 22. All initial appointments to positions in the Staffing Pattern shall be at the authorized or actual salaries of the incumbents appointed to the positions, whichever is higher. In the reallocation of appropriations authorized to be made under Section 25 of this Letter of Implementation, an adequate lump-sum amount shall be provided to take care of all cases where the actual salary of the appointee is more than the rate authorized.

SECTION 23. Salary increases as may result from appointments to positions in the Staffing Pattern to be proposed shall be effective only after final determination and allocation of said positions by the WAPCO pursuant to Section 21 of this Letter of Implementation.

SECTION 24. The selection and initial appointments of personnel for positions in the Staffing Pattern shall be made with the assistance of a Committee to be composed of a representative each of the Commission, Civil Service Commission, and Budget Commission: Provided, That in the consideration of personnel to fill positions authorized for the bureaus or comparable units in the Commission, a representative of the bureau or comparable unit involved shall sit and participate in the deliberations of the Committee.

REALLOCATION OF APPROPRIATIONS

SECTION 25. You are likewise directed to cause the preparation, in collaboration with the Budget Commission, of the details of the Reallocation of Appropriations necessary to put into effect the implementation as prescribed by this Letter of Implementation in accordance with Paragraph 4, Article I, Chapter I, Part XXIII of the Plan.

TIMING OF ADMINISTRATIVE ACTIONS

SECTION 26. You are hereby directed to effect the orderly scheduling of transfers, changes and other transitional actions required by the Plan and this Letter of Implementation: Provided, That all such actions shall be completed within the period prescribed in Paragraph 14, Article I, Chapter I, Part XXIII of the Plan reckoned from the date of issuance of Presidential Decree No. 1. In the interim, each entity affected shall continue to perform its functions until such time as you shall order change or cessation and each officer and employee shall continue, to perform his duties and to exercise his authority until such time as you order otherwise but not beyond the termination of the transition period prescribed above.

SECTION 27. In the process of the final selection of personnel to fill the positions in the Staffing Pattern mentioned above, you are authorized to make the necessary changes in the personnel structure of the Commission subject to the approval of the Office of the President, to correct inequities that in your opinion may have resulted from the preparation thereof: Provided, That any adjustment or adjustments that shall be made pursuant hereto shall not result in an increase in the total appropriations for personal services authorized for the Commission.

SECTION 28. The authority of the Commission under Sub-paragraph j, Paragraph 5, Article II, Chapter I, Part XX of the Plan, relative to the placing of local police agencies under Philippine Constabulary control, is hereby suspended for the duration of Martial Law, unless otherwise ordered. In this connection, you are hereby finally directed to note and call the attention of the President to such other provisions of Part XX of the Plan or portions thereof which are inoperable under present conditions in view of Proclamation Order No. 1081 dated September 21, 1972 and which should be suspended until such time as their activation shall be possible.

DONE in the City of Manila, this 31st day of December, in the year of Our Lord, Nineteen Hundred and Seventy-Two.

 

n Note from the Publisher: Copied verbatim from the official document. Irregular alphabetical sequence.