FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~544 
S. No. 
(b 
, MCEIVEO &Y ' .. t"' 
, 
~, 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Pursuant to the principle of local autonomy, the Local Govermnent Code vests the local 
government units, through their local chief executives, with operational supervision and control 
over the police force assigned to their respective jurisdictions. In recognition of this, Republic 
Act No. 6975, as amended by R.A. No. 8551, mandated that local chief executives shall be 
deputized representatives of the National Police Commission (NAPOLCOM). As deputized 
representatives of NAPOLCOM, they are given the prerogative to select their own provincial 
police director and chief of police from among a list of recommendees prepared by the 
, 
NAPOLCOM. However, just before and after the 2007 national and local elections, conflicts 
arose between the local chief executives and the NAPOLCOM/PNP. Local chief executives 
objected to the appointment of an officer-in-charge (0lC) in their jurisdiction, and the manner by 
which their selectees were being summarily relieved from their assigned post without adequate 
consultation with them. 
Thus, during the Fourteenth Congress, the Senate committees on local govermnent and 
public order and illegal drugs conducted two public hearings (13 November 2007 and 27 May 
2008) to determine the exercise and implementation of the powers of local chief executives 
under the Local Government Code, in relation to their automatic deputation under the 
Department of Interior and Local Government Act and the Philippine National Police Reform 
and Reorganization Act. 
On 22 December 2008, these committees, through Senator Gregorio B. Honasan II 
(public order and illegal drugs) and then Senator Benigno Simeon C. Aquino III (local 
govermnent), jointly submitted Committee Report No. 242, recommending the following: 
1 


1. 
Provide clear guidelines on the appointment of an orC. As stated in issue no. 5, 
while R.A No. 8551 fixed the period of time over which an orc may hold office, it did not 
provided for clear-cut rules on the instances that may warrant the appointment of an orc. Also, 
, 
state in clear·and categorical language if extension for the appointment of an orc is allowed or 
not. While the law did not state that the extension of the 30-day period is allowed, it also did not 
completely prohibit such extension. Extension of the 30-day period within which an orc may be 
designated has been openly abused by the PNP and the NAPOLCOM, as the investigation 
uncovered that as of 14 November 2007 there were 19 police provincial directors and three city 
chiefs of police who were serving in an OlC capacity. 
2. 
Napolcom Memorandum Circular 2001-005 provided the mechanism on how 
conflict between the PNP regional director and the governor and the PNP provincial director and 
the mayor over the appointment of the provincial director and the chief of police may be 
resolved. This procedure in conflict resolution should be faithfully followed and the local chief 
executives sufficiently apprised of their rights in case of conflict with the PNP. This should be 
included in the PNP law itself 
3. 
While the appointment and designation procedure is sufficiently provided for in 
R.A Nos. 6975 and 8551 and in NAPOLCOM Memorandum Circulars No. 93-013 and 2001-
005, the removal or exit procedure of the designated officers from their local government post 
does not enjoy the same clarity as the procedure for appointment. Thus, the removal and transfer 
of provincial police directors and chiefs of police are left to the sole discretion of the PNP and 
the NAPOLCOM. To put an end to the seemingly absolute discretionary authority of the PNP 
and the NAPOLCOM over the unilateral transfer and removal of an incumbent provincial police 
director and.chief of police, it is recommended that the two-year tour of duty in the PNP manual 
be provided for and incorporated in R.A No. 8551. Providing a fixed tour of duty for the 
provincial police director and the chief of police is not intended to limit the control of the PNP 
and the NAPOLCOM over the police force. It is intended to harmonize the relations of the local 
chief executives and the PNP and the NAPOLCOM to ensure that the peace and order condition 
of the local government units is at the core of this relationship. Also, prior consultation with the 
local chief executive concerned shall be made mandatory before any personnel action is 
2 


undertaken by the PNP and the NAPOLCOM. 
It is highly irregular that the local chief 
executives are made part of the selection process of the chief of police and provincial director but 
are deprived of any participation in the removal process. 
The committees also submitted the proposed bill which seeks to amend the Department 
of Interior and Local Government Act. The proposed amendments reflect the recommendations 
of the committees. 
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3 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF Tim PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 2544 
Hl 
SEP 28 P' 1 :43 
.'" 
~ 
" . fI£CEIV ED fJ'I. 
Introduced by Senator MiriamDefensor Santiago 
1 
AN ACT 
2 
AMENDING SECTION 51(a)(l), SECTION 51 (a)(2), SECTION 51(b)(4)(i), AND 
3 
SECTION 52 OF REPUBLIC ACT NO. 6975, AS AMENDED BY REPUBLIC ACT NO. 
4 
8551, OTHERWISE KNOWN AS THE "DEPARTMENT OF THE INTERIOR AND 
5 
LOCAL GOVERNMENT ACT OF 1990" 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
6 
SECTION 1. Section 5l(a)(1) of Republic Act (R.A.) No. 6975, as amended by R.A. No. 
7 
8551, is hereby further amended to read as follows: 
8 
"(a) Provincial Governor - (1) Power to Choose the Provincial Director. 
9 
The provincial governor shall choose the provincial director from a list of three 
10 
(3) eligibles recommended by the PNP regional director. UPON DUE RECEIPT 
11 
BY THE GOVERNOR, THE LIST OF THREE (3) ELIGIBLES SHALL NOT 
12 
BE SUBJECT TO ANY AMENDMENT BY THE PNP REGIONAL 
13 
DIRECTOR. IN THE EVENT OF A DISAGREEMENT BETWEEN THE 
14 
GOVERNOR AND THE PNP REGIONAL DIRECTOR, AN OFFICER-IN-
15 
CHARGE MAY BE DESIGNATED FOR A PERIOD OF NOT MORE THAN 
16 
THIRTY (30) DAYS, EXTENDIBLE FOR ANOTHER THIRTY (30) DAYS. 
17 
THEREAFTER, NO FURTHER EXTENSION OF THE TERM SHALL BE 
18 
ALLOWED: PROVIDED, FURTHER, THAT THE PROVINCIAL PEACE AND 
19 
ORDER COUNCIL MAY, THROUGH THE GOVERNOR, RECOMMEND 
20 
THE RECALL OR REASSIGNMENT OF THE PROVINCIAL POLICE 
21 
DIRECTOR WHEN, IN ITS PERCEPTION, THE LATTER HAS BEEN 
22 
INEFFECTIVE IN COMBATING CRIME OR MAINTAINING PEACE AND 
23 
ORDER IN THE PROVINCE: PROVIDED, FINALLY, THAT SUCH RELIEF 
24 
SHALL BE BASED ON DULY ESTABLISHED GUIDELINES BY THE 
1 


1 
NATIONAL 
POLICE 
COMMISSION 
(NAPOLCOM): 
PROVIDED, 
2 
HOWEVER, THAT NO RECALL OR REASSIGNMENT INITIATED BY THE 
3 
PNP SHALL BE EFFECTNE WITHOUT CONSULTATION WITH THE 
4 
GOVERNOR CONCERNED." 
5 
SECTION 2. A new sub-item after Section 51 (a)(2) shall be incorporated to read as 
6 
follows: 
7 
"(3) IN CASE OF CONFLICT BETWEEN THE PNP REGIONAL 
8 
DIRECTOR AND THE PROVINCIAL GOVERNOR, EITHER OF THEM MAY 
9 
REFER THE MATTER TO THE NAPOLCOM REGIONAL DIRECTOR WHO 
10 
SHALL RESOLVE THE MATTER WITHIN FIVE (5) WORKING DAYS 
11 
FROM RECEIPT THEREOF. THE DECISION OF THE NAPOLCOM 
12 
. REGIONAL DIRECTOR SHALL BE FINAL AND EXECUTORY UNLESS 
13 
APPEALED TO THE COMMISSION EN BANC WHICH SHALL RESOLVE 
14 
THE MATTER WITH FINALITY AND ORDER THE IMPLEMENTATION 
15 
WITHIN 
TEN 
(10) 
WORKING 
DAYS 
FROM 
ACQUISITION 
OF 
16 
JURISDICTION 
OVER 
THE 
ISSUE. 
A 
MOTION 
FOR 
17 
RECONSIDERATION/REVIEW OF THE EN BANC DECISION SHALL NOT 
18 
BE ALLOWED." 
19 
SECTION 3. Section 51(b)(4)(i) of R.A. No. 6975, as amended by R.A. No. 8551, is 
20 
hereby amended to read as follows: 
21 
"(4) Other Powers. In addition to the aforementioned powers, city and 
22 
municipal mayors shall have the following authority over the PNP units in their 
23 
respective jurisdictions: 
24 
(i) Authority to choose the chief of police from a list of five (5) eligibles 
25 
recommended by the provincial police director, preferably from the same 
26 
province, city or municipality. UPON DUE RECEIPT BY THE CITY OR 
27 
MUNJCIPAL MAYOR, THE LIST OF FIVE (5) ELIGIBLES SHALL NOT BE 
28 
SUBJECT TO ANY AMENDMENT BY THE PROVINCIAL POLICE 
2 


1 
DIRECTOR. IN THE EVENT OF A DISAGREEMENT BETWEEN THE CITY 
2 
OR MUNICIP AL MAYOR AND THE PROVINCIAL POLICE DIRECTOR, 
3 
AN OFFICER-IN-CHARGE MAY BE DESIGNATED FOR A PERIOD OF 
4 
NOT MORE THAN THIRTY DAYS (30) EXTENDIBLE FOR ANOTHER 
5 
THIRTY (30) DAYS. THEREAFTER, NO FURTHER EXTENSION OF THE 
6 
TERM SHALL BE ALLOWED: PROVIDED, FURTHER, THAT THE LOCAL 
7 
PEACE AND ORDER COUNCIL MAY, THROUGH THE CITY OR 
8 
MUNICIP AL MAYOR, RECOMMEND THE RECALL OR REASSIGNMENT 
9 
OF THE CHIEF OF POLICE WHEN, IN ITS PERCEPTION, THE LATTER 
10 
HAS BEEN INEFFECTIVE IN COMBATING CRIME OR MAINTAINING 
11 
PEACE AND ORDER IN THE CITY OR MUNICIPALITY: PROVIDED, 
12 
FINALLY, 
THAT 
SUCH RELIEF 
SHALL BE BASED 
ON DULY 
13 
ESTABLISHED 
GUIDELINES 
BY 
THE 
NAPOLCOM: 
PROVIDED, 
14 
HOWEVER, THAT NO RECALL OR REASSIGNMENT INITIATED BY THE 
15 
PNP SHALL BE EFFECTIVE WITHOUT CONSULTATION WITH THE CITY 
16 
OR MUNICIPAL MAYOR CONCERNED;" 
17 
SECTION 4. A new sub-item after Section 51(b)(4)(iii) shall be incorporated to read as 
18 
follows: 
19 
"(IV) IN CASE OF CONFLICT BETWEEN THE PNP REGIONAL 
20 
DIRECTOR AND THE MAYOR, EITHER OF THEM MAY REFER THE 
21 
MATTER TO THE NAPOLCOM REGIONAL DIRECTOR THROUGH THE 
22 
PNP REGIONAL DIRECTOR WHO SHALL RENDER A DECISION WITHIN 
23 
FIVE (5) WORKING DAYS FROM RECEIPT THEREOF. THE DECISION OF 
24 
THE NAPOLCOM REGIONAL DIRECTOR SHALL BE FINAL UNLESS AN 
25 
APPEAL IS SUBMITTED TO THE COMMISSION EN BANC WHICH 
26 
SHALL RESOLVE THE MATTER WITHIN TEN (10) WORKING DAYS 
27 
FROM ACQUISITION OF JURISDICTION OVER THE ISSUE. NO MOTION 
3 


1 
FOR RECONSIDERATION/REVIEW OF THE EN BANC DECISION SHALL 
2 
BE ALLOWED." 
3 
SECTION 5. Section 52 of R.A. No. 6975, as amended by R.A No. 8551, is hereby 
4 
amended to read as follows: 
5 
"SEC. 52. Suspension or Withdrawal of Deputation. - Unless reversed by 
, 
6 
the President, the Commission may, after MANDATORY consultation with the 
7 
provincial governor and congressman concerned, suspend or withdraw the 
8 
deputation of any local executive for any of the following grounds: 
9 
(a) Frequent unauthorized absences; 
10 
(b) Abuse of authority; 
11 
(c) Providing material support to criminal elements; or 
12 
(d) Engaging in acts inimical to national security or which negate the 
13 
effectiveness of the peace and order campaign. 
14 
Upon good cause shown, the President may, directly or through the 
15 
Commission, motu proprio restore such deputation withdrawn from any local 
16 
executive." 
17 
SECTION 6. A new section SECTION 53-A shall be incorporated after Section 53 to 
18 
read as follows: 
19 
"SECTION 53-A. TERM OF OFFICE OF CHIEF OF POLICE AND 
20 
PROVINCIAL POLICE DIRECTOR. -
A DULY SELECTED CHIEF OF 
21 
POLICE AND PROVINCIAL DIRECTOR SHALL HAVE A FIXED TOUR OF 
22 
DUTY OF TWO (2) YEARS WITHOUT RE-APPOINTMENT OR TERM 
23 
EXTENSION BUT WITHOUT PREJUDICE TO EARLY REMOVAL OR 
24 
TRANSFER OF ASSIGNMENT PURSUANT TO THE PROVISION OF 
25 
SECTION 5 1 (a)(1) and (b)(4)(i)." 
26 
SECTION 7. Separability Clause. - If any provision of this Act shall be declared 
27 
unconstitutional, any other provision not affected thereby shall remain in full force and effect. 
4 


• 
1 
SECTION 8. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
2 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
3 
SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
4 
in at least two (2) newspapers of general circulation. 
Approved, 
5