E.O. No. 1012




EXECUTIVE ORDER NO. 1012 March 22, 1985 PROVIDING MEASURES TO IMPROVE THE ADMINISTRATIVE AND OPERATIONAL FRAMEWORK FOR MAINTAINING PEACE AND ORDER AT THE PROVINCIAL, CITY AND MUNICIPAL LEVELS WHEREAS, Article XV, Section 12, of the Constitution provides that "(t)he State shall establish and maintain an Integrated National Police Force whose organization, administration and operation shall be provided by law;" WHEREAS, Presidential Decree No. 765 established and constituted the Integrated National Police, composed of the Philippine Constabulary as the nucleus and the integrated police forces established under Presidential Decree Nos. 421, 482, 531, 585 and 641, as components, under the Ministry of National Defense; WHEREAS, Presidential Decree No. 1162 provided for supervisory authority of local executives over certain units of the Integrated National Police; WHEREAS, the present set-up has not been very effective and responsive as a measure to deter the presence of communist and other subversive elements in certain local areas and the resultant deterioration of peace and order therein; WHEREAS, local executives, while invariably being held responsible for the maintenance of peace and order within their respective localities, have no authority over the employment and deployment of local police officers; WHEREAS, to strengthen the counter-insurgency program, there is a need to transfer the operational supervision and direction over units of the Integrated National Police Force to local executives and to strengthen the structure of the Civilian Home Defense Forces; WHEREAS, under Presidential Decree No. 1416, as amended, the President of the Philippines is empowered and authorized to undertake such organizational and related changes in the Government set-up as may be appropriate and responsive to new developments; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and by law, particularly Presidential Decree No. 1416, as amended, do hereby order: PART I. OPERATIONAL SUPERVISION AND DIRECTION OVER LOCAL POLICE FORCES Sec. 1. The provisions of special or general laws to the contrary notwithstanding, the operational supervision and direction exercised by the Philippine Constabulary over all units of the Integrated National Police (INP) 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 with the concurrence of the Regional Unified Commander, 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 accordance with Section 2 of Presidential Decree No. 1162, the Provincial Governors, City Mayors and Municipal Mayors shall have the power to exercise general supervision over units and elements of the INP stationed or assigned in their respective jurisdictions, and shall accordingly exercise the powers and authorities provided for in Section 1(d) of said Presidential Decree No. 1162. Sec. 2. All Provincial Governors, in coordination with the corresponding Provincial Commander/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. 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. Sec. 3. After completion of the inventory, the Provincial Commander/Provincial Police Superintendent, in coordination with the Provincial Governor and the Municipal and City Mayors, shall reassign and redistribute the policemen members of the INP to the various municipalities and component cities 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 the province as may be necessary. 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 recommendation 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. 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 the province, such augmentation may be done either by reassignment of policemen who are residents of other municipalities and cities within the province in consultation with the local executives concerned, or by new appointments subject to the recommendation of the Municipal or City Mayor concerned. Sec. 6. The reassignment by the Provincial Commander/Provincial Police Superintendent of members of the police force as envisioned in Section 3 and 4 above to municipalities and cities in the province in consultation with the local executives concerned, or by new appointments subject to the recommendation of the Municipal or City Mayor concerned. 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 Local Government, the case shall be elevated to the President of the Philippines for final resolution. PART II. STRENGTHENING AND TRAINING THE CHDF Sec. 8. All Commander of the Regional Unified Command (RUC), in coordination with the Provincial Governors and Mayors of highly urbanized cities within their respective regions, shall conduct an inventory of all members of the Civilian Home Defense Force (CHDF) in their jurisdictions for the purpose, among others, of determining whether there is need to increase the number of CHDF members in any particular province, city or municipality, taking into consideration the requirements of the peace and order campaign of the Government. Sec. 9. Whenever it shall be determined that there is need to augment the CHDF membership in any particular province, city or municipality, additional CHDF members may be appointed by the RUC Commander, subject to approval by the President of the Philippines, upon recommendation of the local executive in consultation with the barangay captains concerned; Provided, That the local units whose CHDF members are augmented shall initially provide the necessary appropriation from their own resources to pay for the honorarium, allowances, benefits and other logistical support for the additional CHDF, members until the National Government shall have appropriated the necessary funds for the purpose. Sec. 10. The RUC Commanders, in coordination with the local executives concerned, shall conduct a re-training of incumbent CHDF members and an orientation training for new recruits; Provided, That the local units concerned may appropriate funds to meet the expenses for the orientation training of new recruits out of their own resources. Sec. 11. In accordance with Paragraph 2 of Letter of Instructions No. 1443, in no case shall the local governments concerned appropriate fund for the purchase of armaments, ammunition and components, and other similar equipment for the CHDF. The Armed Forces of the Philippines shall provide for these items. Sec. 12. All funds pertaining to the honorarium, allowances, and similar benefits for the members of the CHDF shall be remitted to the Provincial Treasurer who shall farm them out to the Municipal Treasurers concerned for payment to the CHDF members. In highly urbanized cities, such funds shall be remitted to and paid by the City Treasurers concerned. PART III. LOCAL INTEGRATED SECURITY DEFENSE PLAN Sec. 13. All Municipal and City Mayors, in coordination with the corresponding INP Station Commanders, shall develop their own integrated security defense plans which shall be implemented in their respective jurisdictions to attain the objectives of the peace and order campaign of the Government. Sec. 14. The integrated security defense plan shall involve the integrated utilization of the police, military and CHDF components assigned in the locality against the inroads of subversion and other lawless or criminal activities. Among others, it shall provide arrangements for flexibility in movement and reinforcement of forces as needs arise in the various areas within the province. Sec. 15. The Provincial Commander/Provincial Police Superintendent, either directly or through his duly designated military officer, shall assume primary responsibility for overseeing the implementation of the integrated security defense plans for the localities within his province. Any conflict between the City or Municipal Mayor and the Provincial Commander/Provincial Police Superintendent or the military officer designated by the latter arising from the implementation of the integrated security defense plan shall be resolved in accordance with Section 7 above. PART IV. DISCIPLINARY POWERS 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 the total period shall not exceed ten (10) days in the proper cases. Sec. 17. A "minor offense" shall refer to an act or omission not involving moral turpitude, but affecting the internal discipline of the Integrated National Police, and shall include but not be limited to: (a) Simple misconduct or negligence; (b) Insubordination; (c) Frequent absences or tardiness; (d) Habitual drunkenness; and (e) Gambling prohibited by law. If these offenses should threaten the success of an operation or the discipline of the unit, the offender may be court-martialed for a graver offense. In no case shall the following offenses be considered minor: disloyalty of the Government; grave misconduct; gross inefficiency or incompetence; oppression; gross insubordination; serious irregularities or serious neglect in the performance of duty; notoriously disgraceful or immoral conduct; engaging directly or indirectly in partisan political activities; falsification; other crimes involving moral turpitude; directly or indirectly obstructing, defeating or violating the civil rights and liberties of an individual; and receiving a fee, gift or other valuable thing from any person who gives the same in consideration of services or favors received or in the hope or expectation of receiving a favor or better treatment than that accorded to other persons. PART V. MISCELLANEOUS PROVISIONS Sec. 18. All actions required to be undertaken herein shall be completed as soon as possible. The Provincial Governors and City and Municipal Mayors, together with the corresponding INP Commanders in their respective jurisdictions, shall jointly submit a status report on the actions herein required to be undertaken, particularly with respect to the preparation of the local integrated security defense plan, to the President of the Philippines, through the Chief of Staff of the Armed Forces of the Philippines, within forty-five (45) days from the effectivity of this Order. Sec. 19. All provisions of Presidential Decree Nos. 765 and 1162 and of any law, decree, executive or administrative order, instructions, rules and regulations, which are inconsistent with this order are hereby amended, modified or repealed accordingly. Sec. 20. If any provision of this Order is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions hereof; Provided, That the remaining provisions can stand independently by themselves and can be effectively implemented. Sec. 21. This Order shall take effect immediately. DONE in the City of Manila, this 22nd day of March, in the year of Our Lord, nineteen hundred and eighty-five. The Lawphil Project - Arellano Law Foundation