THE POWERS AND FUNCTIONS

OF A LOCAL CHIEF EXECUTIVE

OVER THE POLICE
Section 6, Article XVI,
Philippine Constitution

“The State shall establish and maintain one police

force, which shall be national in scope and civilian
in character, to be administered and controlled by
a national police commission. The authority of
local executives over the police units in their
jurisdiction shall be provided by law.”
 PHILIPPINE POLICE SYSTEM ORGANIZATIONAL STRUCTURE

National Police Commission Department of the Interior

and Local Government

Philippine National Police

PNP
Regional Director

PNP
Provincial
Provincial Directors
Governors

PNP City/Municipal City/Municipal

Chiefs of Police Mayors

Legend: Command Line

General Supervision
Principal-Deputy Relationship
POWERS OF LOCAL CHIEF EXECUTIVES
AS NAPOLCOM DEPUTIES

Operational Supervision and Control

Authority to Exercise Administrative Disciplinary

Powers

Authority to Choose the Chief of Police (COP)

Authority to Recommend Appointment of New PNP

Members

Authority to Recommend the Transfer, Reassignment or

Detail of PNP Members

Authority to Conduct Inspection and Audit

RESPONSIBILITIES OF LOCAL CHIEF EXECUTIVES
AS NAPOLCOM DEPUTIES

To Develop an Integrated Area/Community Public

Safety Plan

To Sponsor Periodic Seminar for PNP Members

To Exercise Control and Supervision Over

Anti-Gambling Operations of the PNP
“The authority of local
executives over police units in
their jurisdiction shall be
provided by law.” (Section 6, Article XVI,
1987 Philippine Constitution)
 LAWS IMPLEMENTING SEC. 6, ARTICLE XVI
OF THE 1987 PHILIPPINE CONSTITUTION

REPUBLIC ACT No. 6975

(AN ACT ESTABLISHING THE
PHILIPPINE NATIONAL POLICE)

REPUBLIC ACT No. 8551

(PNP REFORM AND
REORGANIZATION ACT OF 1998)
RA 7160- Sec 28
PHILIPPINE NATIONAL POLICE (Sec 28)

The extent and operational supervision

and control of local chief executive
over the police force, fire protection
unit and jail management personnel
assigned in their respective
jurisdictions shall be governed by the
provisions of RA 6975, otherwise the
DILG Act of 1990 and the rules and
regulations pursuant thereto
1. OPERATIONAL SUPERVISION AND CONTROL

To direct
the daily performance of police
To superintend
functions
To oversee
 Under the Power of Operational Supervision and
Control the LCEs shall:

issue directives for the conduct of operations

determine police operational strategies

direct the utilization of orderly and organized

physical movement of units/elements on normal
police operations

evaluate overall effectiveness of the police station

and performance of COP

determine adequacy and judicious utilization of

financial and logistical resources
2. AUTHORITY TO IMPOSE DISCIPLINARY
PENALTIES

Investigate and adjudicate police cases involving the

penalty of:

withholding of privileges
restriction to specified limits
suspension
forfeiture of salary
any combination thereof for a period of 16 to 30
days.
 Process Flow in the Investigation of a Complaint
Filed Against a PNP member with the Mayor

File Complaint

Serve Summons upon

respondent (within 2
days from receipt)

Respondent Files Answer (within 2 days)

Rendition of Copy of Decision

Does the respondent No forwarded
elect a Decision by
Summary Investigation? Mayor to the COP for
implementation

Yes
Mayor Conducts Summary
Investigation (within 72 hours)

Mayor renders Decision (within 24 Copy of Decision is

hours from completion of forwarded to COP
investigation) for implementation

Respondent files a motion for

reconsideration

If denied, respondent may file an Transmit the entire records

appeal to the NAPOLCOM of the case with the
Regional Appellate Board Notice of Appeal

Copy of Decision is
RAB renders decision
forwarded to the LCE
on appeal
and COP for implementation
3. AUTHORITY TO CHOOSE THE CHIEF OF POLICE

Qualifications of a City Chief of Police

graduate of Bachelor of Laws

• or finished the required units of a Master’s

Degree Program

• or a holder of a Criminology License

• or a graduate of the Philippine National Police

Academy

passed the required Field Training Program

preferably holder of Chief Inspector rank or higher

Qualifications of a Municipal Chief of Police

has finished at least 2nd year Bachelor of Laws

or has earned at least 12 units in a Master’s

Degree Program

or a holder of a Criminology License

or a graduate of the Philippine National

Police Academy

has completed the required Field Training Program

preferably holder of Chief Inspector rank or higher

 Process Flow in the Selection of Chief of Police
PNP Provincial Director submits list of five eligibles to
• Folders/Documents
the Napolcom Regional Director
Eligibles

Napolcom Regional Director reviews list of

recommendees

Do the recommendees meet

No Napolcom Regional Director returns
the prescribed qualifications the list of recommendees to PNP
and eligibility? Provincial Director

Yes

Napolcom Regional Director endorses recommendees • Folders/Documents

to PNP Provincial Director Eligibles

PNP Provincial Director submits list of five

recommendees to the Mayor for selection
 Mayor evaluates list of recommendees

Mayor informs PNP Provincial Director of

his choice

PNP Provincial Director designates the

Chief of Police

Mayor informs PNP Provincial Director of

his choice

PNP Provincial Director designates the

Chief of Police

PNP Provincial Director furnishes copies of

designation to Mayor and Regional
Directors concerned
 If the Mayor fails to choose the Chief of Police
within 5 days from receipt of the referral by the PNP
Provincial Director:

The Mayor shall:

a) return the list of recommendees to the PNP

Provincial Director with the request for submission
of a replacement list;

b) recommend the designation of a qualified Officer-

in-Charge for a period not to exceed thirty (30)
days.
4. AUTHORITY TO RECOMMEND APPOINTMENT OF
NEW PNP MEMBERS

General Qualifications for Appointment:

A citizen of the Philippines

A person of good moral conduct

Must have passed the required

psychiatric/psychological, drug and physical tests

Must possess a baccalaureate degree

Must be a police service eligible

Must not have been dishonorably discharged from
military employment or dismissed for cause

Must not have been convicted by final judgment of an

offense involving moral turpitude

Must be at least 1.62 m in height for male and 1.57 m

for female

Must weigh within 5 kgs. of the standard weight

corresponding to his height, age and sex

Must not be less than 21 nor more than 30 years of

age
Selection of the Most Qualified Applicants at the City/Municipal Level
Upon receipt of the recruitment quota, the
Mayor shall create an ad hoc body
CD/COP shall serve as Secretariat, shall
publish the list of applicants in public
places and local media
Applicants shall submit to the CD/COP
their application folders
• Vice Mayor
• DILG CLGOO/MLGOO
• City Director/COP
• POC Member from the Academe
• CSC Form 212
• Birth Certificate
• Report of Rating of Eligibility
• Two (2) 2”x2” BW Picture
• Transcript of Records
• Clearances from the Barangay, Local
Police Station, RTC/MTC and NBI
• Medical Certificate issued by the Local
Health Officer
The Secretariat shall consolidate and
submit all application folders to the ad hoc
body which shall convene to conduct an
initial screening and preliminary interview
of individual applicants in order to:
The screening shall be completed within 15
working days from commencement thereof.
The names of principal recommendee(s)
and alternates, ranked according to degree
of qualifications and competence, shall be
submitted to the mayor who in turn
endorses to the PNP RD, copy furnished
the PNP PD.
• completeness of the documents
submitted;
• establish if the applicants meets the age,
height, weight, education and eligibility
requirements;
• determine his potential and worthiness to
be appointed as law enforcer;
• assess his/her personal appearance and
conversational ability.
In the case of highly urbanized cities
(HUCs) the list of principal and
alternate recommendees shall be
submitted directly to the PNP RD.
Process Flow in the Recall or Reassignment of Chief of Police
Local POC conducts Public
Hearing/Dialogue to Determine the
Effectiveness/Ineffectiveness of the COP

Is the COP found No

COP Retained
ineffective?

Yes
Resolution approved
Local POC recommends to the PNP and signed by majority
Provincial Director for the Recall or of the members of the
Reassignment of the COP Local POC

PNP Provincial Director acts on

the recommendation
5. AUTHORITY TO RECOMMEND THE TRANSFER,
REASSIGNMENT OR DETAIL OF PNP MEMBERS

The recommendation of the Mayor on personnel

movement shall be based on any of the following
grounds:

the PNP member is found to be ineffective in the

discharge of his/her duties

to protect the image or good name of the city or

municipality

to prevent harm to the person of the police officer

concerned

to preclude harassment by the PNP members to the

members of the community
6. AUTHORITY TO CONDUCT INSPECTION AND
AUDIT

The Mayor shall regularly conduct inspection and

audit of the police station to:

look into existing programs, projects and activities

(P/P/As), systems and procedures, personnel,
facilities, supplies and equipment and financial
resources

determine strengths and weaknesses in the

administration and operations of the police station

assist the police station in the development and

implementation of police reforms
7. RESPONSIBILITY TO SPONSOR PERIODIC
SEMINARS FOR PNP MEMBERS
The training design must include but not be limited
to the following:

Orientation on the place/city/municipality

Moral and Professional Ethics in Public Service

Functional Relationships between the LCE and COP

Basics of Effective Policing

Personality and Human Relations

Briefing/Update on the City/Municipal Ordinances

and Legislations
8. RESPONSIBILITY TO DEVELOP AN INTEGRATED
AREA/COMMUNITY PUBLIC SAFETY PLAN

In preparing the local public safety plan, the Mayor shall:

Assess the state of order in the city/municipality

Identify and rank the major problems affecting peace and order

Determine the resources and constraints

Identify the strategies, programs and projects to be undertaken

Monitor the implementation of programs and projects under the

City/Municipal Public Safety Plan

Evaluate the effectiveness of the City/Municipal Public Safety

Plan
GROUNDS FOR SUSPENSION OR WITHDRAWAL
OF DEPUTATION

1. Frequent unauthorized absences;

2. Abuse of authority;

3. Providing material support to criminal elements; and

4. Engaging in acts inimical to National Security or

which negate the effectiveness of the Peace and
Order Campaign (Sec. 52, R.A. No. 6975, As
Amended)
THANK YOU
AND
GOOD DAY!!!