PNP CHAIN OF COMMAND:
Compiled by Roilo Golez
Former Chairman, House Committee on Public Order
Compiled by Roilo Golez
Former Chairman, House Committee on Public Order
The principle of Chain of Command in the PNP is a time honored principle that cannot be rescinded by the mere opinion of the Secretary of Justice.
Please note the following:
1. There is a Chain of Command according to the Chief of Police Manual:
O. GUIDELINES ON AWOL CASES
SECTION 2. ROLES OF THE CHIEF OF POLICE
a. Interpersonal Roles
The official position of the Chief of Police (COP) carries with it formal authority that gives rise to three important interpersonal roles as Figurehead, Leader and Liaison.
As Figurehead, the duty of the Chief of Police is ceremonial in nature. He welcomes police or government officials visiting his department; attends swearing-in ceremonies, academy graduations, presentations of official awards, important events in the personal lives of his immediate staff like wedding, or internment.
As a leader, the COP instills in his subordinates ethics of public service, communicates organizational goals, stimulates motivation and reconciles individual needs with organizational goals.
As a Liaison, the COP builds external information network with individuals and agencies outside the direct chain of command such as local officials, elements of the Criminal Justice and mutual health systems.
1. Definition
a. AWOL – Absence Without Leave – Status of a person subject to the Civil Service Law who fails to report to a fixed time/date to a proper place of duty/goes away from same without proper leave.
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3. Procedures
a. Unit commands shall notify the offender after a day of AWOL not exceeding five (5) days. Written notification either personally or registered mail.
b. After five (5) days from receipt of notice and within thirty (30) days from the time of AWOL, the head office shall drop him from service and report the same to a PNP through the Chain of Command.
c. In the event, the offender return to his unit in less than ten (10) days, the head office shall conduct an immediate investigation, recommend the proper disciplinary measures and proper disposition of the case in accordance to existing rules and regulations.
2. There is a PNP Chain of Command according to Malacanang Administrative Order No. 40 dated February 24, 1993, which states:
"SEC. 4. Hand in hand with the purging efforts should be the conduct of measures promotive of discipline and professionalism within the AFP and PNP, including the reminder to the commanders to closely supervise the chain of command and use the “buddy system” to ensure that the whereabouts of the military/police personnel under them and their actuations are known and monitored since discipline exists only when a subordinate who is left alone behaves the way he does when he is in the presence of a respected superior, and the knowledge by commanders and senior officers on how to conduct themselves in public, particularly before the media practitioners.”
Administrative Order No. 40, s. 1993
MALACAÑANG
MANILA
MANILA
ADMINISTRATIVE ORDER NO. 40
PRESCRIBING GUIDELINES FOR THE TREATMENT OF THE PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND PHILIPPINE NATIONAL POLICE, WHO ARE FACING ADMINISTRATIVE AND CRIMINAL CHARGES
WHEREAS, accounts on the involvement of commissioned officers and enlisted/non-officers personnel of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) in criminal activities, coupled with the seeming lack of coordination between some military/police units, have adversely affected the image of the AFP and PNP;
WHEREAS, for so long as there are misfits and scalawags within the uniformed ranks of the AFP and PNP, reports about their nefarious deeds, whether done singly or in concert with others, including ex-soldiers/policemen and/or civilians, will be perceived negatively by the public and the national leadership to such an extent as to relegate to the background the commendable and substantial accomplishments of our men in uniform;
WHEREAS, the drive to expel the undesirable elements from the AFP and PNP must be unrelenting and, more than this, the military/police organizations must take the lead in bringing their own offenders before the bar of justice;
NOW, THEREFORE, I, FIDEL V. RAMOS, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. In administrative cases where the administrative discharge of the military/police personnel with a pending criminal case cognizable before the civil courts is warranted and authorized under existing laws, rules and regulations, his discharge from the military/police service and release from custody should be effected simultaneously and contemporaneously with the referral of his case and the delivery of his person before the proper civil judicial authorities for appropriate action; provided that, if such military/police personnel is charged with a grave offense, the military/police organization should, in coordination with the government prosecutor, actively help to build-up and file the case against him before the civil court and, thereafter, obtain a court order committing him to military/police custody while undergoing trial to ensure his presence during court hearings; and provided further that, in the meantime, the firearms, ammunition, and all other government properties issued to him must be recalled forthwith.
SEC. 2. The commanding officer of an erring military/police personnel shall be similarly held accountable either for conduct unbecoming of an officer or as accessory after the fact in cases where he refuses to act, fails to render a timely report, delays action, or otherwise aids and abets the wrongdoing of his subordinate who is the subject of a valid complaint.
SEC. 3. Generally, where the crime or offense committed by a military/police personnel is not service-connected, waiver of court-martial jurisdiction over the case should be recommended to the President, through the appropriate Department, pursuant to Presidential Decree No. 1850, dated October 4, 1982, as amended by Presidential Decree No. 1952, dated September 4, 1984.
SEC. 4. Hand in hand with the purging efforts should be the conduct of measures promotive of discipline and professionalism within the AFP and PNP, including the reminder to the commanders to closely supervise the chain of command and use the “buddy system” to ensure that the whereabouts of the military/police personnel under them and their actuations are known and monitored since discipline exists only when a subordinate who is left alone behaves the way he does when he is in the presence of a respected superior, and the knowledge by commanders and senior officers on how to conduct themselves in public, particularly before the media practitioners.
SEC. 5. This Administrative Order shall take effect immediately.
DONE in the City of Manila, this 24th day of February, in the year of Our Lord, nineteen hundred and ninety-three.
(Sgd.) FIDEL V. RAMOS
By the President:
(Sgd.) ANTONIO T. CARPIO
Chief Presidential Legal Counsel
(Sgd.) ANTONIO T. CARPIO
Chief Presidential Legal Counsel
3. The PNP has a Chain of Command according to the Supreme Court in G.R. No. 109638 March 31, 1995
PNP SUPT. FLORENCIO D. FIANZA, petitioner,
vs.
THE PLEB (PEOPLE' S LAW ENFORCEMENT BOARD) of the CITY OF BAGUIO; the NATIONAL POLICE COMMISSION (NAPOLCOM), SPO3 FERNANDO TAFALENG, PO3 OCTAVIO PAWINGI, PO2 FERDINAND SEGUNDO, PO3 METODIO AQUINO, PO3 BENJAMIN NAKIGO, PO3 SALVADOR GALISTE, PO3 ROMEO BAUTISTA and PO3 ALFREDO MATIAS, respondents.
G.R. No. 109639 March 31, 1995
PNP SUPT. JULY CORDOVIZ, petitioner,
vs.
The PLEB (PEOPLE'S LAW ENFORCEMENT BOARD) of the CITY OF BAGUIO, the NATIONAL POLICE COMMISSION (NAPOLCOM) and PAT. RAY EKID respondents.
“However, respondent policemen are not absolutely excluded from bringing citizen's complaints with the PLEB. PNP members can file suit as private citizens only when they do so in their private capacity and not as members of the PNP. This means that the complaining PNP personnel can sue on matters of private concern and not on matters properly cognizable by the PNP chain of command. If a policeman complains against another colleague before the PLEB, he can do so when the subject matter of the complaint is one that can similarly be raised by a private individual or citizen.”
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 109638 March 31, 1995
PNP SUPT. FLORENCIO D. FIANZA, petitioner,
vs.
THE PLEB (PEOPLE' S LAW ENFORCEMENT BOARD) of the CITY OF BAGUIO; the NATIONAL POLICE COMMISSION (NAPOLCOM), SPO3 FERNANDO TAFALENG, PO3 OCTAVIO PAWINGI, PO2 FERDINAND SEGUNDO, PO3 METODIO AQUINO, PO3 BENJAMIN NAKIGO, PO3 SALVADOR GALISTE, PO3 ROMEO BAUTISTA and PO3 ALFREDO MATIAS, respondents.
G.R. No. 109639 March 31, 1995
PNP SUPT. JULY CORDOVIZ, petitioner,
vs.
The PLEB (PEOPLE'S LAW ENFORCEMENT BOARD) of the CITY OF BAGUIO, the NATIONAL POLICE COMMISSION (NAPOLCOM) and PAT. RAY EKID respondents.
ROMERO, J.:
Before us are consolidated petitions for prohibition and declaratory relief with a prayer for temporary restraining order involving the issue of whether the People's Law Enforcement Board (PLEB) has jurisdiction over complaints filed by PNP personnel against their superiors.
The salient facts bearing on these petitions follow.
In the first case (G.R. No. 109638), petitioner, police superintendent Florencio D. Fianza was assigned as Provincial Director of the Philippine National Police (PNP) for the province Benguet (including the City of Baguio) with headquarters at Camp Dangwa, La Trinidad, Benguet. 1
SPO3 Jesus Mason, SPO3 Fernando Tafaleng, PO3 Octavio Pawingi, PO3 Ferdinand Segundo, PO3 Metodio Aquino, PO3 Benjamin Nakigo, PO3 Salvador Galiste, PO3 Romeo Bautista and PO3 Alfredo Matias, hereinafter referred to as the respondent policemen, were members of the PNP assigned to the Baguio City Police Station.
On June 19, 1992, respondent policemen filed an Amended Complaint with the Baguio PLEB against herein petitioner Supt. Florencio D. Fianza for "Grave Misconduct and Irregularity in the Performance of Duty," docketed as Administrative Case No. 007-92. The case also named as respondent PNP Supt. Camilo S. Dugayen, who is not a party to the instant petition.
The Amended Complaint 2 reads in part:
AMENDED COMPLAINT
The undersigned, all of legal age, Filipino Citizens, and organic members of the Baguio City Police Station/PNP and with residence at Baguio City, Philippines, accuse POLICE PROVINCIAL DIRECTOR FLORENCIO D. FIANZA for Grave Misconduct and Irregularity in the performance of duty in violation of Rule VI, paragraphs b and c of the Napolcom Memorandum Circular No. 91-002 in relation to Secs. 41, 42, 43, 44 and 45 of Republic Act No. 6975, otherwise known as the Philippine National Police (PNP) law and Police Superintendent CAMILO S. DUGAYEN of Grave Misconduct, Neglect of Duty, Incompetence, Dishonesty, Irregularity in the performance of duty in violation of Rule VI paragraphs b, c, d, and f of the Napolcom Memorandum Circular No. 91-002 in relation to Secs. 41, 42, 43, 44 and 45 of Republic Act No. 6975, otherwise known as the Philippine National Police (PNP) Law committed as follows:
1. That on January 13, 1992, respondent CAMILO S. DUGAYEN issued Special Order No. 04-92 dropping the names of SPO3 FERNANDO TAFALENG, PO3 OCTAVIO PAWINGI, PO3 BENJAMIN NAKIGO, PO3 EUSEBIO BENMAHO, PO2 FERDINAND SEGUNDO AND PO2 LORENZO TALLEDO from the rolls of the Baguio City Police Station without benefit of due process of law;
1-a. That the aforestated unwarranted action of the respondent CAMILO S. DUGAYEN was supposedly in total and blind obedience to an unlawful and illegal order from his superior officer, respondent FLORENClO D. FIANZA, who was then the Provincial Director of the PNP Benguet Provincial Command and who issued SPECIAL ORDER No. 01-92 directing respondent CAMILO S. DUGAYEN to transfer the following persons from the Baguio City Police Station to Mankayan Police Station, to wit:
— SPO3 FERNANDO S. TAFALENG
— PO3 OCTAVIO D PAWINGI
— PO3 BENJAMIN NAKIGO
— PO3 EUSEBIO D. BENMAHO
— PO2 FERNANDO SEGUNDO
— PO2 LORENZO TALLEDO
2. That on January 18, 1992, respondent CAMILO S. DUGAYEN issued Special Order No. 06-92 dropping from the rolls of the Baguio City Police Station of following: SPO3 JESUS MASON, PO3 SALVADOR GALISTE, PO3 ROMEO BAUTISTA, PO3 ALFREDO MATIAS AND PO2 METODIO AQUINO without formal investigation;
2-a. That the aforestated unwarranted and irregular action of the respondent Camilo S. Dugayen, was supposedly in total and blind obedience to the unlawful and irregular radio message from his superior officer, FLORENCIO D. FIANZA, directing him to transfer the following non-officers from the Baguio City Police Station to:
— Kibungan Police Station:
— SPO3 Jesus T. Mason
— PO3 Salvador M. Galiste
— Tuba Police Station
— PO3 Romeo M. Bautista
— Baguias Police Station
— PO3 Alfredo A. Matias
— PO2 Metodio J. Aquino
2-b. That the orders of the respondent FLORENCIO D. FIANZA are highly irregular and illegal having been issued in utter and total disregard to the provisions of R.A. 6975 otherwise known as the PNP Law and the provisions of Napolcom Memorandum Circular No. 91-002 evidencing grave misconduct and irregularity in the performance of duty on his part;
2-c. That respondent CAMILO S. DUGAYEN cannot find shelter and defense by simply invoking obedience to patently and highly irregular orders of a superior officer of which he is not duty bound to obey being contrary and violative of the PNP Law and the Napolcom Memorandum Circular No. 91-002 of which he is expected to know by heart being a ranking officer mandated by law to know the same;
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The citizen's complaint envisioned under Republic Act No. 6975 normally pertains to complaints by private individuals against PNP men and not by PNP men against their co-members or officers in a professional capacity. An example used in the Bicameral Conference Committee hearings is that of a policeman who takes fish from the market without paying for it. 24 Aside from the criminal liability attaching to the act of the policeman cognizable by the courts, the private party prejudiced can sue him before the PLEB.
However, respondent policemen are not absolutely excluded from bringing citizen's complaints with the PLEB. PNP members can file suit as private citizens only when they do so in their private capacity and not as members of the PNP. This means that the complaining PNP personnel can sue on matters of private concern and not on matters properly cognizable by the PNP chain of command. If a policeman complains against another colleague before the PLEB, he can do so when the subject matter of the complaint is one that can similarly be raised by a private individual or citizen.
But if subject of the complaint bears a direct relation to the office of the complainant-policeman as member of the PNP, it can hardly be considered as a citizen's complaint and is, therefore, neither cognizable nor triable by the PLEB.
This conclusion is ineluctable as the PNP is the proper venue for matters involving its internal organization or discipline. The PNP hierarchy possesses the power and responsibility over its men in these matters. Section 81 of Republic Act No. 6975 reads:
Sec. 81. Complaints and Grievances. — Uniformed personnel shall have the right to present complaints and grievances to their superiors or commanders and have them heard and adjudicated as expeditiously as possible in the best interest of the service, with due regard to due process in every case. Such complaints or grievances shall be resolved at the lowest possible level in the unit of command and the respondent shall have the rigth to appeal from an adverse decision to higher authorities. 25
No better forum for the resolution of internal discipline and administrative matters can be found than the organization (PNP) itself, particularly in the enforcement of its professional code of conduct.
In matters pertaining to their job or office, PNP men are channel for their complaints against colleagues, superiors or commanding officers. The Chief of Police Provincial Director, Police Regional Director and PNP Chief are the proper conduits for offenses involving internal discipline, such as simple misconduct or negligence, insubordination, frequent absences or tardiness, habitual drunkenness and gambling prohibited by law. 26 Even the PLEB Rules provide that jurisdiction over offenses involving breach of internal discipline (or any offense committed by a member of the PNP involving and affecting order and discipline within the ranks of the police organization) belongs to the duly designated supervisors and equivalent officers of the PNP. The Chiefs of Police, Provincial Directors, Police Regional Directors or their equivalent supervisors and the PNP Chief exercises disciplinary powers for breaches of internal discipline committed by any regular member of their respective commands. 27
Having dealt with the areas over which the PLEB exercises jurisdiction, the next step is to determine whether the cases at bench fall within the ambit of said jurisdiction.
Respondent policemen in the first petition accuse petitioner Fianza of issuing illegal orders pertaining to transfers of assignment and dropping from the rolls without any formal investigation. They accuse him of issuing these orders in retaliation for their raids on jueteng operations protected by him.
The merits of the case are not disputed in the instant petition. What is at issue is where the case should be adjudicated.
Though the policemen impute ill motives to petitioner for issuing illegal orders, there is no question that the principal and basic issue is the wrongful issuance of such order. In other words, accusations of "coddling" or protecting jueteng operators do not alter the fact that the main dispute refers to the ensuing transfer and dismissal orders issued by respondent policemen's superiors in the PNP.
We pointed out earlier that the Chief of the PNP and his subordinates
have the power to transfer and utilize PNP personnel in accordance with their strategy. 28 The issuance of the questioned orders comes within the purview of the abovementioned power. Hence, the propriety or illegality of the orders should be raised before the proper superiors or commanding officers 29 and not before a civilian body like the PLEB. To repeat, nowhere in the law creating the PLEB is this power or function mentioned. 30
For the foregoing reasons, We rule that the PLEB has no jurisdiction over the complaint lodged against petitioner Fianza by respondent policemen.
A close scrutiny of the second petition (G.R. No. 109639) discloses that the administrative case 31 was for threats made by a superior officer of the PNP against another PNP policeman who is not under his command.
Again, the same cannot be considered as citizen's complaint because the conduct complained of pertains to their work and offices. That the alledged threats were made in connection with private respondent policeman's position is shown by the following allegation in his complaint:
. . . he pointed his right forefinger at me and shouted the following and I quote: "SIKA, NO SAAN DA NGA AG-REPORT KANIAK IDIAY OPISINA, ITULOY KO DIAY ILLEGAL SEARCH NGA DEMANDA KANYAM"; meaning: YOU, IF YOU WILL NOT REPORT TO MY OFFICE, I WILL CONTINUE THE ILLEGAL SEARCH CHARGES AGAINST YOU;
xxx xxx xxx
Although complainant below was a policeman who did not belong to petitioner Cordoviz' command, the controversy between them continues to be a festering internal disciplinary matter. Who can better understand the standard of conduct imposed in the PNP than the members of the PNP themselves? Certainly, it is doubtful whether a civilian body like the PLEB can better police the ranks of the policeman. Accordingly, we rule that the complaint, like in the preceding case, is one which properly lodged with their common superior or commanding officer and not with the PLEB.
WHEREFORE, the petitions are hereby GRANTED. The People's Law Enforcement Board of Baguio is directed to CEASE and DESIST from further trying Administrative Case No. 007-92 (Jesus Mason, et al. v. Supt. Florencio Fianza and Supt. Camilo Dugayen) and Administrative Case no. 042-92 (Pat. Ray Ekid v. Col. July Cordoviz).
SO ORDERED.
Narvasa, Feliciano, Padilla, Bidin, Regalado, Davide, Jr., Bellosillo, Melo, Quiason, Puno, Vitug, Kapunan, Mendoza and Francisco, JJ, concur.
4. The PNP has a Chain of Command according to the Supreme Court in G. R. No. 121889, August 4, 2000 in case:P/Chief Supt. JEWEL F. CANSON,* P/Sr. Supt. RUBEN CABAGNOT and P/Supt. JESUS L. ABAYON, petitioners, vs. HON. VICENTE A. HIDALGO, Presiding Judge, Regional Trial Court, Manila, Branch 37, and P/Sr. Inspector LUCIO MARGALLO IV, respondents. * [Now Police deputy Director General, Philippine National Police.]
"The court has no supervisory power over the officers and men of the national police, unless the acts of the latter are plainly done in grave abuse of discretion or beyond the competence of the functions or jurisdiction of their office. Courts cannot by injunction review, overrule or otherwise interfere with valid acts of police officials.11 [Cf. Banco Filipino vs. Monetary board, 204 SCRA 767 (1991)] The police organization must observe self-discipline and obey a chain of command under civilian officials. In this case, petitioners sought to assign P/Senior Inspector Lucio Margallo IV to Camp Ricardo Papa, Bicutan, Taguig, Metro Manila to give him an opportunity to take the Regional Continuing Law Enforcement Course program, his very first refresher course since the start of his police career. This was for his own advancement in the hierarchy of the police service. It was not a disciplinary assignment and involved no demotion, reduction or diminution in rank, status or salary. Consequently, the trial court gravely abused its discretion in restraining a clearly valid act of the petitioners.12 [Board of Medical Education vs. Alfonso, 176 SCRA 304 (1989)]Respondent Margallo has no clear legal right to stay on as station commander.13 [Cariño vs. Capulong, 222 SCRA 593 (1993); Developers Group of Companies, Inc. vs. Court of Appeals, 219 SCRA 715 (1993)] His assignment or re-assignment is subject to the better discretion of his superiors. Obviously, he cannot dictate his own assignment.”
FIRST DIVISION
FIRST DIVISION
[G.R. No. 121889. August 4, 2000]
P/Chief Supt. JEWEL F. CANSON,* P/Sr. Supt. RUBEN CABAGNOT and P/Supt. JESUS L. ABAYON, petitioners, vs. HON. VICENTE A. HIDALGO, Presiding Judge, Regional Trial Court, Manila, Branch 37, and P/Sr. Inspector LUCIO MARGALLO IV, respondents. * [Now Police deputy Director General, Philippine National Police.]
D E C I S I O N
PARDO, J.:
The case is a petition for certiorari and mandamus1 [Under Rule 65 of the 1964 Revised Rules of Court.] to annul the decision of the respondent court2 [Regional Trial Court, Manila, Branch 37.] granting a writ of preliminary injunction enjoining petitioner, as Regional Director, National Capital Regional Command, Philippine National Police to desist from implementing and enforcing the assignment or re-assignment of P/Senior Inspector Lucio Margallo IV from the Western Police District Command, Manila, to the Regional Headquarters Support Group (RHSG), at Camp General Ricardo Papa, Bicutan, Taguig, Metro Manila to undergo studies in the Regional Continuing Law Enforcement Course (RECOLEC) program.3 [Petition, Annex “A”, Rollo, pp. 27-36.]
The facts are as follows:
Prior to April 1995 respondent P/Senior Inspector Lucio Margallo IV was a police officer assigned with the Western Police District Command (WPDC), Station 5, Manila. In April 1995, petitioner P/ Chief Supt. Jewel F. Canson, then CAPCOM Regional Director, ordered the re-assignment of respondent Margallo to the Regional Headquarters Support Group (RHSG) at Camp General Ricardo Papa, Bicutan, Taguig, Metro Manila to undergo studies with the Regional Continuing Law Enforcement Course program. On May 24, 1995, P/Senior Inspector Margallo, instead of complying with the directive, filed with the Regional Trial Court, Manila a petition for prohibition with preliminary injunction to enjoin the enforcement of the aforesaid directive. The case was assigned to Branch 37.
On May 26, 1995, the Executive Judge, Regional Trial Court, Manila issued a temporary restraining order reading as follows:
""FINDING the verified complaint to be sufficient in form and substance and to maintain the status quo among the parties, let a TRO issue, enjoining the respondents and/or any of their agents, persons acting in his behalf from implementing their order dated May 9, 1995, more particularly transferring him from his present assignment and declaring plaintiff "AWOL" until further orders from this Court.
“x x x
"SO ORDERED."4 [Judge William M. Bayhon, now retired, Petition, Annex “D”, Rollo, pp. 39-40.]
The trial court set the application for preliminary injunction for hearing on June 7, 1995, at 9:00 a.m.
At the hearing, respondent Margallo admitted that the assignment of police officers is a prerogative of petitioners but asserted that the order was arbitrary as it would place him in a "floating status" and put to naught the special training he underwent as a police officer.
On the other hand, petitioner Canson submitted that the directive was discretionary in nature and cannot be interfered with by the courts.5 [Agura vs. Serfino, 204 SCRA 569 (1991)]
On June 9, 1995, petitioners filed with the trial court a motion to dismiss the petition and scheduled the motion for hearing on June 23, 1995.
On June 23, 1995, the parties submitted the motion for resolution of the court.
On July 3, 1995, without resolving the motion to dismiss, the trial court issued a "decision" granting a writ of preliminary injunction upon a bond of P10,000.00, enjoining petitioners to cease and desist from enforcing the order transferring P/Senior Inspector Lucio Margallo IV to the Regional Headquarters Support Group, Bicutan, Taguig, Metro Manila.6 [Petition, Annex “A”, Rollo, pp. 27-36.]
Hence, this petition.7 [Filed on September 27, 1995, Rollo, pp. 3-26. On August 28, 1996, we gave due course to the petition, Rollo, p. 84.]
The issue raised is whether the court may enjoin the assignment of P/Senior Inspector Lucio Margallo IV from Station Commander, Station 5, Western Police District Command, Manila to the Regional Headquarters Support Group, Capital Command, at Bicutan, Taguig, Metro Manila for further studies under a continuing law enforcement course program.
We rule that the trial court acted with grave abuse of discretion in restraining the assignment of respondent P/Senior Inspector Lucio Margallo IV to the Regional Headquarters Support Group, Bicutan, Taguig, Metro Manila for study under a law enforcement course program.
The assignment or re-assignment of officers and members of the police force is vested in the Chief, Philippine National Police (PNP).8 [Republic Act No. 6975, Section 26.] Such command of the Chief, PNP may be delegated to subordinate officials under a chain of command in accordance with rules and regulations prescribed by the National Police Commission.9 [Ibid.] Although civilian in character, the members of the Philippine National Police are subject to the disciplinary authority of the Chief, Philippine National Police, under the National Police Commission.10 [Ibid.]
The court has no supervisory power over the officers and men of the national police, unless the acts of the latter are plainly done in grave abuse of discretion or beyond the competence of the functions or jurisdiction of their office. Courts cannot by injunction review, overrule or otherwise interfere with valid acts of police officials.11 [Cf. Banco Filipino vs. Monetary board, 204 SCRA 767 (1991)] The police organization must observe self-discipline and obey a chain of command under civilian officials. In this case, petitioners sought to assign P/Senior Inspector Lucio Margallo IV to Camp Ricardo Papa, Bicutan, Taguig, Metro Manila to give him an opportunity to take the Regional Continuing Law Enforcement Course program, his very first refresher course since the start of his police career. This was for his own advancement in the hierarchy of the police service. It was not a disciplinary assignment and involved no demotion, reduction or diminution in rank, status or salary. Consequently, the trial court gravely abused its discretion in restraining a clearly valid act of the petitioners.12 [Board of Medical Education vs. Alfonso, 176 SCRA 304 (1989)] Respondent Margallo has no clear legal right to stay on as station commander.13 [Cariño vs. Capulong, 222 SCRA 593 (1993); Developers Group of Companies, Inc. vs. Court of Appeals, 219 SCRA 715 (1993)] His assignment or re-assignment is subject to the better discretion of his superiors. Obviously, he cannot dictate his own assignment.
WHEREFORE, the Court hereby REVERSES and SETS ASIDE the decision of the respondent court in Civil Case No. 95-73996, granting a writ of preliminary injunction. The Court hereby DISMISSES the complaint of respondent P/Senior Inspector Lucio Margallo IV filed with the Regional Trial Court, Manila.
No costs.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Ynares-Santiago, JJ., concur.
5. There is a PNP Chain of Command according to the 2006 EC-OMB (Ombudsman) Corruption Prevention Project Integrity Development Review of the Philippine National Police which states:
http://www.ombudsman.gov.ph/docs/statistics/2006_pnp_crr.pdf
“The leadership of the Philippine National Police follows the chain of command. This hierarchical arrangement is shown on the PNP organizational Chart.”
“Region VII, Camp Osmeña. The FGD participants came out with diverse individual ratings that spanned the range of Ratings 1 to 5. After the discussion of each rating level of the dimension starting from the first level to the highest level of achievement, the participants arrived at a consensus rating of three (3) in the Leadership dimension with 90-100% deployment. According to the group, there is a built-in system of leadership in the PNP- that is, the chain of command. Furthermore, they said PNP officers are schooled on leadership.”
Chain of Command according to then PNP Chief Jesus Verzosa:
This shows that the principle of Chain of command is followed in the PNP:
Moral guidelines
Said Verzosa: This will be the norms of conduct and moral guidelines of the PNP in reinforcing our desire to have honest, credible and peaceful elections.?
The guideline, he said, was drafted to show all police personnel the ?right direction? regarding their role in safeguarding the integrity of the country?s first automated balloting.
The order contained the following:
1. Fear God, love your country and the sanctity of the ballot.
2. Focus only on your solemn oath to serve and protect the people.
3. Honor your badge and use your authority to ensure a clean and honest election.
4. Remember that election day is sacred. You and your fellowmen have a sacred right to exercise your right to vote.
5. Honor and follow only the PNP-established chain of command.
6. Respect human rights, protect the environment and enforce all laws without fear and favor.
7. Love your job as an act of faithfulness to your family.
8. Respect and protect the sanctity of your vote and the vote of others.
9. Ensure the truthfulness and integrity of all of your reports. Do not help spread rumors and falsehoods.
10. Be content and support whoever gets the mandate of the people.
1. Fear God, love your country and the sanctity of the ballot.
2. Focus only on your solemn oath to serve and protect the people.
3. Honor your badge and use your authority to ensure a clean and honest election.
4. Remember that election day is sacred. You and your fellowmen have a sacred right to exercise your right to vote.
5. Honor and follow only the PNP-established chain of command.
6. Respect human rights, protect the environment and enforce all laws without fear and favor.
7. Love your job as an act of faithfulness to your family.
8. Respect and protect the sanctity of your vote and the vote of others.
9. Ensure the truthfulness and integrity of all of your reports. Do not help spread rumors and falsehoods.
10. Be content and support whoever gets the mandate of the people.
10 commandments according to PNP - INQUIRER.net, Philippine News for Filipinos
MANILA, Philippines?The latest directive from Camp Crame sounds like the 10 commandments from Mount Sinai.
Stressing the significance of the May 10 elections in preserving democracy, Philippine National Police Director General Jesus Verzosa Tuesday issued a 10-point guideline that policemen must observe in performing their election duties.
Verzosa?s order came three weeks after he made a bold statement during an Inquirer interview that he would not support moves to prolong President Gloria Macapagal-Arroyo?s stay in office.
It also came amid insinuations that the President had given Verzosa the cold shoulder on two public occasions because she felt slighted by his remarks.
Dubbed ?Ang 10 Utos Para Sa Halalan 2010,? the policy outlines the ?proper conduct and decorum? for policemen during the election period.
Among them is Verzosa?s order for policemen to ?support whoever gets the mandate of the people.?
He also directed police personnel to ?honor and follow only the PNP-established chain of command.?
According to Verzosa, the directive was ?inspired? by the ?Ten Commandments of the Holy Scripture? and the country?s election laws.
It also embodied the PNP?s core values of makadiyos (God-fearing), makakalikasan (pro- environment), makatao (humane) and makabansa (patriotic), he added.
?The coming elections will be an indication of how we (as a people) protect the Constitution and our democratic processes,? Verzosa told the Inquirer.
Asked what prompted him to issue the directive, he said: ?It?s a guide, a reminder for us in carrying out our duties in implementing election laws.?
Moral guidelines
Said Verzosa: ?This will be the norms of conduct and moral guidelines of the PNP in reinforcing our desire to have honest, credible and peaceful elections.?
The guideline, he said, was drafted to show all police personnel the ?right direction? regarding their role in safeguarding the integrity of the country?s first automated balloting.
The order contained the following:
1. Fear God, love your country and the sanctity of the ballot.
2. Focus only on your solemn oath to serve and protect the people.
3. Honor your badge and use your authority to ensure a clean and honest election.
4. Remember that election day is sacred. You and your fellowmen have a sacred right to exercise your right to vote.
5. Honor and follow only the PNP-established chain of command.
6. Respect human rights, protect the environment and enforce all laws without fear and favor.
7. Love your job as an act of faithfulness to your family.
8. Respect and protect the sanctity of your vote and the vote of others.
9. Ensure the truthfulness and integrity of all of your reports. Do not help spread rumors and falsehoods.
10. Be content and support whoever gets the mandate of the people.
1. Fear God, love your country and the sanctity of the ballot.
2. Focus only on your solemn oath to serve and protect the people.
3. Honor your badge and use your authority to ensure a clean and honest election.
4. Remember that election day is sacred. You and your fellowmen have a sacred right to exercise your right to vote.
5. Honor and follow only the PNP-established chain of command.
6. Respect human rights, protect the environment and enforce all laws without fear and favor.
7. Love your job as an act of faithfulness to your family.
8. Respect and protect the sanctity of your vote and the vote of others.
9. Ensure the truthfulness and integrity of all of your reports. Do not help spread rumors and falsehoods.
10. Be content and support whoever gets the mandate of the people.
Police chiefs? meeting
Verzosa directed Director Luizo Ticman, head of the PNP Project Management Office (PMO), to immediately disseminate copies of the order to all police units nationwide.
The contents of the policy, he said, would also be discussed during the gathering of all chiefs of police at Camp Crame next week.
?As the PNP?s main personnel in the field, I want our chiefs of police to better understand our roles and for the policies to cascade down to the police stations,? Verzosa said.
Senior Supt. Benigno Durana Jr., Verzosa?s senior executive assistant, said copies of Verzosa?s directive would be posted in police stations starting April 6.
Durana said the policy was developed and crafted by the PMO, an attached unit of the Office of the PNP Chief tasked to implement the PNP Integrated Transformation Program.
What peace-lovers want
?This is what all peace-loving Filipinos want,? he said. ?General Verzosa wanted this in support of the President?s pronouncement and commitment that she wanted a smooth transition of power after June 30.?
Together with other senior PNP officers, he said the PNP sought assistance from religious leaders in coming up with the guidelines.
?The directive is like a lighthouse or a beacon for us policemen to follow if ever we would be at a loss in implementing election laws,? he said.
?It would also be our GPS (global positioning system) which we could use to stay on the road toward the conduct of credible and honest elections.?
6. There is PNP Chain of command according to then PNP Chief Jesus Verzosa. In fact, he made it his priority to reogranize the PNP chain of command:
Verzosa listed professionalization of the police force,
continued close cooperation with U.S. law enforcement
agencies, reorganization of the police chain of command, and
a renewed emphasis on counterinsurgency efforts —
particularly Mindanao — as his top objectives. A regular
and close contact of the Embassy since 1991, Verzosa was
complimentary of the PNP’s relationship with the USG and
thanked the Ambassador for the extensive training and
assistance the United States has provided to Philippine law
enforcement. END SUMMARY
NEW LEADERSHIP FOR PHILIPPINE NATIONAL POLICE
Reference ID Created Released Classification Origin
08MANILA2305
2008-10-08 03:33
2011-08-30 01:44
CONFIDENTIAL
Embassy Manila
08MANILA2305
2008-10-08 03:33
2011-08-30 01:44
CONFIDENTIAL
Embassy Manila
VZCZCXRO0740
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHML #2305/01 2820333
ZNY CCCCC ZZH
O 080333Z OCT 08
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1993
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
C O N F I D E N T I A L SECTION 01 OF 02 MANILA 002305
SIPDIS
E.O. 12958: DECL: 10/07/2018
TAGS: PGOV PREL RP
SUBJECT: NEW LEADERSHIP FOR PHILIPPINE NATIONAL POLICE
TAGS: PGOV PREL RP
SUBJECT: NEW LEADERSHIP FOR PHILIPPINE NATIONAL POLICE
Classified By: Ambassador Kristie A. Kenney
for reasons 1.4 (b) and (d)
for reasons 1.4 (b) and (d)
¶1. (C) SUMMARY: In a congratulatory visit October 3 with
newly appointed Philippine National Police (PNP) Director
General Jesus “Jess” Verzosa and his leadership team, the
Ambassador, accompanied by U.S. law enforcement agency heads,
reaffirmed close U.S.-Philippine law enforcement
relationships. In a free-ranging conversation, Verzosa
outlined his key priorities for his term as director.
Verzosa listed professionalization of the police force,
continued close cooperation with U.S. law enforcement
agencies, reorganization of the police chain of command, and
a renewed emphasis on counterinsurgency efforts —
particularly Mindanao — as his top objectives. A regular
and close contact of the Embassy since 1991, Verzosa was
complimentary of the PNP’s relationship with the USG and
thanked the Ambassador for the extensive training and
assistance the United States has provided to Philippine law
enforcement. END SUMMARY
newly appointed Philippine National Police (PNP) Director
General Jesus “Jess” Verzosa and his leadership team, the
Ambassador, accompanied by U.S. law enforcement agency heads,
reaffirmed close U.S.-Philippine law enforcement
relationships. In a free-ranging conversation, Verzosa
outlined his key priorities for his term as director.
Verzosa listed professionalization of the police force,
continued close cooperation with U.S. law enforcement
agencies, reorganization of the police chain of command, and
a renewed emphasis on counterinsurgency efforts —
particularly Mindanao — as his top objectives. A regular
and close contact of the Embassy since 1991, Verzosa was
complimentary of the PNP’s relationship with the USG and
thanked the Ambassador for the extensive training and
assistance the United States has provided to Philippine law
enforcement. END SUMMARY
¶2. (C) The Ambassador met with new Philippine National
Police (PNP) Director General Jesus “Jess” Verzosa on October
3 at the Camp Crame PNP Headquarters in Quezon City to
congratulate him on his recent promotion and to discuss his
agenda. Verzosa was joined by 15 senior police officials and
was eager to discuss his top priorities with the Ambassador
and key members of the Mission’s law enforcement working
group (RSO, LEGATT, DHS, ICE, ICITAP, DEA, and JUDATT).
Appointed to the PNP’s top slot on September 27, 2008,
Verzosa attended the International Association of Chiefs of
Police conference in Boston, MA in 2006. He is eligible to
serve as director until he reaches the age of 56, in December
¶2010.
Police (PNP) Director General Jesus “Jess” Verzosa on October
3 at the Camp Crame PNP Headquarters in Quezon City to
congratulate him on his recent promotion and to discuss his
agenda. Verzosa was joined by 15 senior police officials and
was eager to discuss his top priorities with the Ambassador
and key members of the Mission’s law enforcement working
group (RSO, LEGATT, DHS, ICE, ICITAP, DEA, and JUDATT).
Appointed to the PNP’s top slot on September 27, 2008,
Verzosa attended the International Association of Chiefs of
Police conference in Boston, MA in 2006. He is eligible to
serve as director until he reaches the age of 56, in December
¶2010.
Continued Strong Cooperation
—————————-
—————————-
¶3. (C) Verzosa told the Ambassador he wants to
professionalize the police force and to be known for his “on
the go, in the field, hands-on management.” He vowed to
continue the close cooperation that he said characterized
U.S.-Philippine joint law enforcement efforts and thanked the
Ambassador for the training and assistance the USG has
provided to the PNP over the years. The Ambassador voiced
her strong support for the PNP and her admiration for their
success in countering criminal and terrorist activity,
encouraging Verzosa to keep the Embassy apprised of how the
USG can continue to be of assistance in the future.
professionalize the police force and to be known for his “on
the go, in the field, hands-on management.” He vowed to
continue the close cooperation that he said characterized
U.S.-Philippine joint law enforcement efforts and thanked the
Ambassador for the training and assistance the USG has
provided to the PNP over the years. The Ambassador voiced
her strong support for the PNP and her admiration for their
success in countering criminal and terrorist activity,
encouraging Verzosa to keep the Embassy apprised of how the
USG can continue to be of assistance in the future.
New Regional Command Structure
——————————
——————————
¶4. (C) Verzosa took the opportunity to describe a new
program to establish Integrated Police Offices to control
regular and special police units in each region. The
positions will be two-star general billets and command all
PNP personnel in their areas of responsibility. Currently,
regional directors command only the regular PNP officers and
Regional/Provincial Mobile Groups, while the specialized PNP
units fall under separate national commands. Verzosa
believes his reorganization will result in greater command
flexibility and responsiveness by giving greater
decisionmaking authority to field commanders. This will also
establish command structure parity with the Armed Forces of
the Philippines. Verzosa outlined the importance of
increasing the PNP’s mobility to enhance its ability to
conduct investigations away from police stations. He plans
to deploy a number of specially equipped vans with crime
scene equipment and sleeping quarters to save officers from
having to procure their own transportation, as is currently
the practice.
program to establish Integrated Police Offices to control
regular and special police units in each region. The
positions will be two-star general billets and command all
PNP personnel in their areas of responsibility. Currently,
regional directors command only the regular PNP officers and
Regional/Provincial Mobile Groups, while the specialized PNP
units fall under separate national commands. Verzosa
believes his reorganization will result in greater command
flexibility and responsiveness by giving greater
decisionmaking authority to field commanders. This will also
establish command structure parity with the Armed Forces of
the Philippines. Verzosa outlined the importance of
increasing the PNP’s mobility to enhance its ability to
conduct investigations away from police stations. He plans
to deploy a number of specially equipped vans with crime
scene equipment and sleeping quarters to save officers from
having to procure their own transportation, as is currently
the practice.
Counterinsurgency Focus
———————–
———————–
¶5. (C) The Ambassador and Verzosa concluded their meeting
by turning to the issue of security in Mindanao. Verzosa
underscored the importance of a renewed emphasis on
counterinsurgency efforts and the nation’s internal security,
particularly in Mindanao, where he plans to deploy rotating
teams of officers on temporary loan from other regions.
Verzosa went on to report that although the existing budget
allows for the hiring of 3,000 new PNP officers annually, he
hopes to expand this number to 4,500. The Ambassador
underscored the need for close cooperation between the PNP
and the armed forces to bring stability and peace to
Mindanao, emphasizing that a stable and secure Philippines is
a top USG priority.
by turning to the issue of security in Mindanao. Verzosa
underscored the importance of a renewed emphasis on
counterinsurgency efforts and the nation’s internal security,
particularly in Mindanao, where he plans to deploy rotating
teams of officers on temporary loan from other regions.
Verzosa went on to report that although the existing budget
allows for the hiring of 3,000 new PNP officers annually, he
hopes to expand this number to 4,500. The Ambassador
underscored the need for close cooperation between the PNP
and the armed forces to bring stability and peace to
Mindanao, emphasizing that a stable and secure Philippines is
a top USG priority.
¶6. (C) PERSONAL DATA: Jesus Verzosa was born in Ilocos Sur
MANILA 00002305 002 OF 002
on December 25, 1954. He is a grandson of the late Bishop
Alfredo Florentin Verzosa, the first Ilocano bishop. Verzosa
is married to Cynthia J. Verzosa, a businesswoman, and they
have two children. His son, Eric, is a medical student, and
his daughter, Joyce, recently took the bar exam. Verzosa has
served as head of PNP’s Program Management Office, Deputy
Chief for Operations, Chief of Directorial Staff, Chief of
Criminal Investigation and Detection Group, and as Regional
Director for Calabarzon and Cordillera regions. Like Armed
Forces of the Philippines Chief of Staff General Alexander
Yano, Verzosa is a member of the Philippine Military Academy
Class of 1976. He also holds a law degree from Jose Rizal
College and an MBA from Northwestern University.
Alfredo Florentin Verzosa, the first Ilocano bishop. Verzosa
is married to Cynthia J. Verzosa, a businesswoman, and they
have two children. His son, Eric, is a medical student, and
his daughter, Joyce, recently took the bar exam. Verzosa has
served as head of PNP’s Program Management Office, Deputy
Chief for Operations, Chief of Directorial Staff, Chief of
Criminal Investigation and Detection Group, and as Regional
Director for Calabarzon and Cordillera regions. Like Armed
Forces of the Philippines Chief of Staff General Alexander
Yano, Verzosa is a member of the Philippine Military Academy
Class of 1976. He also holds a law degree from Jose Rizal
College and an MBA from Northwestern University.
KENNEY
7. There is a PNP Chain of Command according to the PNP Critical Incident Management Action Flowcharts and Checklists Handbook issued under the present Aquino administration issue with the endorsement of Executive Secretary Paquito N. Ochoa
In section MANAGEMENT OF HOSTAGE TAKING (BARRICADED) INCIDENT CHECKLIST
Guiding principles:
For CIMC/CIMTG Operational Response
8. Senator Trillanes says there is chain of command in the PNP:
Trillanes said even suspended Philippine National Police (PNP) head Director General Alan Purisima had no liability in the "misencounter" between the PNP-Special Action Force and the Moro Islamic Liberation Front (MILF) rebels because he was not involved in the operation plan.
He said relieved PNP-SAF chief Getulio Napeñas should take all the blame for taking orders from a suspended national police chief.
Trillanes said the chain of command was violated because Napeñas did not inform acting PNP officer-in-charge Leonardo Espina about the operation.
"Napeñas should know who is on top of him in chain of command. He knows Purisima was suspended. He should have informed Espina," he said.
Trillanes: Marwan death ‘absolves’ Aquino
Former PNP Chief Lacson said there is PNP Chain of Command
Senator Antonio Trillanes IV (Al Padilla/Sunnex)
PRESIDENT Benigno Aquino III should be absolved of any liability for the death of 44 police commandos in Mamasapano, Maguindanao now that Malaysian terrorist Zulkifli bin Hir, alias Marwan, has been confirmed dead, Senator Antonio Trillanes III said Thursday.
"Assuming the President gave the go signal, it was the right go signal because Marwan died," Trillanes said in a press briefing.
"In my opinion, the death of Marwan absolves the President of any liability as far as this operation is concerned," he added.
Reports said the Federal Bureau of Investigation (FBI) confirmed Marwan's death Wednesday after a positive DNA match with his brother who is under the custody of the United States government.
Trillanes said even suspended Philippine National Police (PNP) head Director General Alan Purisima had no liability in the "misencounter" between the PNP-Special Action Force and the Moro Islamic Liberation Front (MILF) rebels because he was not involved in the operation plan.
He said relieved PNP-SAF chief Getulio Napeñas should take all the blame for taking orders from a suspended national police chief.
Trillanes said the chain of command was violated because Napeñas did not inform acting PNP officer-in-charge Leonardo Espina about the operation.
"Napeñas should know who is on top of him in chain of command. He knows Purisima was suspended. He should have informed Espina," he said.
Trillanes said even suspended Philippine National Police (PNP) head Director General Alan Purisima had no liability in the "misencounter" between the PNP-Special Action Force and the Moro Islamic Liberation Front (MILF) rebels because he was not involved in the operation plan.
He said relieved PNP-SAF chief Getulio Napeñas should take all the blame for taking orders from a suspended national police chief.
Trillanes said the chain of command was violated because Napeñas did not inform acting PNP officer-in-charge Leonardo Espina about the operation.
"Napeñas should know who is on top of him in chain of command. He knows Purisima was suspended. He should have informed Espina," he said.
9. There is PNP Chain of Command according to former PNP Chief Lacson
President Aquino broke chain of command—ex-Sen. Lacson
@inquirerdotnet
9:20 AM | Tuesday, February 10th, 2015
Rehabilitation czar Panfilo “Ping” Lacson. INQUIRER FILE PHOTO
MANILA, Philippines — President Benigno Aquino III broke the chain of command when he talked to the head of the police Special Action Force (SAF) and the suspended police chief about the Mamasapano operation and did not inform the officer-in-charge of the Philippine National Police (PNP), said former senator Panfilo Lacson on Tuesday.
Lacson, a former PNP chief before being elected to the Senate, said the chain of command did not only go from bottom to top but also from top to bottom.
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