Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
REGIONAL LEGAL SERVICE 8
LEYTE PROVINCIAL LEGAL OFFICE
Kuta Kankabato, San Jose, Tacloban City

MEMORANDUM

FOR : Officer-in-Charge, Leyte PPO

FROM : PLO

SUBJECT : Legal Opinion/Comment in re Draft MOU Between the PNP

and DORELCO

DATE : April 22, 2024

1. Reference:

a. Memorandum of Chief, PARMU, LPPO dated April 22, 2024

2. This pertains to the request of the Chief, Provincial Administrative and Records
Management Unit of Leyte Police Provincial Office request for the undersigned to
render legal opinion/comment on herein attached draft of Memorandum of
Understanding between the PNP and the Don Orestes Romualdez Electric
Cooperative, which aims to curb pilferage/theft of electricity within the
municipalities serviced by latter in order to protect it as the implementing arm of
the National Government in its rural electrification program and the members-
consumers-owners.

3. After a careful reading of the proposed MOU, the undersigned finds the same to
be legally feasible under both R.A. 7832 otherwise known as the Anti-electricity
and Electric Transmission Lines/Materials Pilferage Act of 1994 and the Magna
Carta for Residential Electricity Consumers;

4. Nevertheless, the undersigned finds it necessary to reconsider the signatory for

the PNP, considering that Pursuant to Section 29, Chapter 6 and Section 40,
Chapter 8, Book IV of Executive Order No. 292 and Section 26 of Republic Act No.
6975, it is only the Chief PNP who is authorized to sign any instrument and enter
into a contract with other government agencies and instrumentalities and other
entities.

Hence it is respectfully suggested that the Signatory for the PNP be the
Regional Director, who shall secure a written authority from the Chief PNP for the
purpose.

5. Further, the undersigned recommends that the comments of the Regional

Operations Division should also be solicited, considering that the commitments of
the PNP under the said MOU will involve operational matters
6. Respectfully submitted.

LEXTHOM B. BALAYANTO
Police Captain