HOUSE OF REPRESENTATIVES
House Bill No.__8'784
By Honorable Representative Jose L. Atienza, J:

UXPLANATORY

The unfolding of a recent event has exposed the urgent necessity of
strengthening the authority of the municipal and city mayors over the local police
force, consistent with the provisions of the 1987 Constitution, particula
graph 2, Section 6 of Article XVI (General Provisions), which states that
“(T)he authority of the local executives over the police units in their jurisdiction
shall be provided by law,” as well as Section 2 of Article X (Local Government)
thereof which declares that “(T)the territorial and political subdivisions shall
enjoy local autonomy,” in furtherance of public interests.

The event referred to above pertains to the relief of the Chief of Police of the
City of Cebu without the knowledge and prior consent of Mayor Tommy Osmefia
as a result of which the peace and order plans and programs of Mayor Osmefia was
put in jeopardy. Mayor Osmeiia, in retaliation, refused to cooperate with the newly
assigned Chief of Police, withdrew the police patrol cars that he had assigned to
the police as well as the allowances other financial assistance being extended to the
police by the local government unit. Needless to state, it was the public service that
eventually suffered.

‘The confrontation between Mayor Osmeiia and the police stemmed from the
non-recognition by the national leadership of the concept of local autonomy under
the Constitution. Under the present set up as mandated by the Constitution, Local
Government Code (Section 116, Title Seven) and other issuances (Executive Order
No. 309 Series of 1987), the maintenance of peace and order within a city or
municipality is primarily the function and responsibility of the local chief
executive. Thus, he should have more voice in choosing who his individual
partners in the police will be because at the end of the day, the one answerable to
the constituency is the local chief executive and not the police. The police will
simply be transferred to another assignment. The proposed amendment to RA
6975, as amended by RA 8551 will give more spirit to the constitutionally
mandated local autonomy.



The proposed amendments do not seek to supplant the powers of the
National Police Commission (NAPOL! M) and the Philippine National Police
(PNP). For example, NAPOLCOM Resolution No. 2002-007 on reassignment,
transfer or relief of PNP personnel would still be recognized, subject to the
provisions of the proposed amendments. Rather, the proposed amendments
compliment those institutions’ authorities but with emphasis on giving teeth to the
constitutional mandate of local autonomy

In view thereof, I seek the body's full support for the passage of these
proposed amendments. |

Quezon City, September 16, 2016.



REPUBLIC OF THE PHILIPPINES )
)

HOUSE OF REPRSENTATIVES.

House Bill No. 3'784

By Honorable Representative Jose L. Atienza, Jr.

AN ACT FURTHER AMENDING SECTION 51(b) PARAGRAPH 4
OF REPUBLIC ACT 6975, AS AMENDED BY REPUBLIC ACT 8551.

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress Assembled:

SECTION 1. Section 51 (b) paragraph (4) of Republic Act 6975, as
amended by Republic Act 8551 is hereby amended to read as follows

"(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors
shall have the following authority over the PNP units in their respective jurisdictions:

(i) Authority to choose the chief of police and members of the local police force
Provided, however, That in no case shall an officer-in-charge be designated for
more than thirty (30) days: Provided, further, That the local peace and order
council may, through the city or municipal mayor, ask for the relief. recall,
reassignment or replacement of the chief of police or any member of the local
police force when, in its perception, the concerned chief of police or any member
of the local police force has been ineffective in combating crime or maintaining
peace and order in the city or municipality by giving a 15-day notice to the
provincial or regional director: Provided, further still, That such relief shall be
based on guidelines established by the NAPOLCOM: Provided finally, That no
chief of police or any member of the police force of any city or municipality shall
be relieved, removed from his post or transferred to another assignment without
the prior written consent of the city or municipal mayor, and any such relief,
removal or transfer shall be premised on gross misconduct, willful disobedience
to the lawful orders of the city or municipal mayors, habitual neglect of duty,
incompetence in the performance of duties and responsibilities, or consent freely
given by the city or municipal mayor upon the request for relief, removal, transfer
or reassignment of the chief of police or any member of the police force of any


city or municipality by the provincial or regional director when the exigencies of
law enforcement or force deployment so require;

"Gil) Authority to recommend to the provincial director the transfer, reassignment

or detail of PNP members outside of their respective city or town residences; and

“(iii) Authority to recommend from a list of cligibles previously screened by the
peace and order council the appointment of new members of the PNP to be
assigned to their respective cities or municipalities without which no such
appointments. shall be attested: Provided, That whenever practicable and
consistent with the requirements of the service, PNP members shall be assigned to
the city or municipality of their residen

The control and supervision of anti-gambling operations shall be within the jurisdiction
of local government executives."

SECTION 2 Implementing Rules and Regulations. — The National
Police Commission (NAPOLCOM) and the Philippine National Police (PNP) shall
promulgate the necessary implementing rules and regulations to give effect and
implement the provisions of this Act, which rules and regulations shall take effect
upon its publication in two (2) newspapers of general circulation;

SECTION 3 Separability Clause. ~ In the event that any of the
provision of this Act is declared unconstitutional, the remaining provisions which
have not been affected by such declaration shall remain valid and effective;

SECTION 4. Repealing Clause. — All laws, decrees, executive orders,
circulars, rules and regulations and other issuances or parts thereof that are
inconsistent with the provisions of the Act is deemed repealed, amended or
modified.

SECTION 5. Effectivity Clause. This Act shall take effect after
fifteen (15) days following its complete publication in at least two (2) newspapers
of general circulation.

Approved.