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OF THE PHILIPPINES 
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Second Regular Session 
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COMMITTEE REPORT NO. . 
242 
Submitted jointly by 
Drugs on 
C mmittees on Local Government and Public Order and Illegal 
8fC 1 2 2008 
R e  
: 
Proposed Senate Resolution No. 190. 
Recommending the adoption of the recommendations and the approval of the attached 
bill, Senate Bill No. 2‘:: 78 , containing the recommendations of the Committees, 
Sponsors : Senators Aquino 111 and Honasan II. 
MR. PRESIDENT: 
The Committees on Local Government and on Public Order and Illegal Drugs to 
which was referred Proposed Senate Resolution No. 190, introduced by Senator Aquino 
111, entitled: 
“RESOLUTION 
DIRECTING THE COMMITTEE ON LOCAL GOVERNMENT TO INVESTIGATE IN AID 
OF LEGISLATION THE EXERCISE AND IMPLEMENTATION OF THE POWERS OF 
LOCAL CHIEF EXECUTIVES UNDER REPUBLIC ACT 7160 OTHERWISE KNOWN 
AS THE “LOCAL GOVERNMENT CODE OF 1991’’ IN RELATION TO REPUBLIC 
ACT 6975 KNOWN AS THE “PHILIPPINE NATIONAL POLICE (PNP) LAW” AND 
REPUBLIC ACT 8551 KNOWN AS “THE PNP REFORM AND REORGANIZATION 
ACT OF 1998” 
have considered the same and have the honor to submit the report on their investigation 
back to the Senate recommending the adoption of the recommendations as contained 
in this report and the approval of the attached bill, Senate Bill No. :: :> 
78 , entitled: 
“AN ACT 
AMENDING SECTION 51(a)(l), SECTION 51(a)(2), SECTION 51(b)(4)(i), AND 
SECTION 52 OF REPUBLIC ACT NO. 6975, AS AMENDED BY REPUBLIC ACT NO. 
8551, OTHERWISE KNOWN AS THE ‘DEPARTMENT OF THE INTERIOR AND 
LOCAL GOVERNMENT ACT OF 1990’, AND FOR OTHER PURPOSES” 
containing the recommendations of the committees. 
1. 
PREFATORY 
Pursuant to the principle of local autonomy enshrined in the 1987 Philippine 
Constitution, the Local Government Code vested the local government units, through its 
local chief executives, with operational supervision and control over the police force 
assigned to their respective jurisdictions. In recognition of this, R.A. No. 6975 (DILG Act 
of 1990), 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 


Committee Report on Proposed Senate Resolution No. 190 
Page 2 of 2 
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 
NAPOLCOMlPNP as the local chief executives fervently demur the appointment of 
Officer-In-Charge in their jurisdiction and the manner by which their selectees were 
being summarily relieved from their assigned post without adequate consultation with 
them. 
The objective of this legislative investigation is to ascertain the actual facts 
surrounding the controversy and to determine whether the removal of the Provincial 
Police Director and the Chief of Police was consistent with R.A No. 6975 as amended 
by R.A No. 8551 as these are all necessary to enable the Committees to study the 
appropriateness of crafting the right legislation that may prevent the same conflict 
between the NAPOLCOMlPNP and the local chief executives, which may compromise 
the peace and order situation in the locality involved, from occurring again in the future. 
In view of the foregoing, the Committee on Local Government and the Committee 
on Public Order and Illegal Drugs conducted two joint public hearings held on 13 
November 2007 and 27 May 2008. 
The said public hearing was held in aid of 
legislation, to determine the exercise and implementation of the powers of local chief 
executives under Republic Act No. 7160, otherwise known as the "Local Government 
Code of 1991" in relation to Republic Act No. 6975 otherwise known as the "Department 
of the Interior and Local Government" and Republic Act No. 8551 otherwise known as 
the "The Philippine National Police Reform and Reorganization Act of 1998. 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
I O .  
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
The joint public hearing was attended by the following as resource persons: 
Governor Joselito R. Mendoza, Province of Bulacan; 
Mayor Arnulf Bryan Fuentebella, Municipality of Tigaon, Camarines Sur; 
Mayor Quirino G. Boncayao Jr., Municipality of Baao, Camarines Sur; 
Mayor Jesse M. Robredo, Naga City, Camarines Sur and Chairman, Naga City 
Peace and Order Council; 
Vice Mayor Gabriel H. Bordado Jr., Naga City, Camarines Sur and Vice 
Chairman, Naga City Peace and Order Council; 
PCSupt. Errol P. Pan, Regional Director, Philippine National Police - Region 111; 
PSSupt. Asher Dolina, Provincial Director, Philippine National Police - Bulacan; 
SP04 Elmer C. Pitallano; 
SP03 Arthur Matos; 
SP02 Francisco S. Destura; 
SPOl Edgardo G. Sto. Domingo; 
SPOl Edwin A. Azafies; 
SPOl Ricardo Sierra Jr.; 
PO2 Gilbert Guiriba; 
PO2 Romeo T. Ranara; 
PO2 Rey M. Alvarez; 
PO2 Tomas G. Rentoy; 
PO1 Rennie C. Ranara; 
PSI Romeo Perez; and 
PSI Nicacio Garcia 
Mayor Fernando Simbulan of Nabua, Camarines Sur was represented by Mayor 
Quirino G. Boncayao Jr. of Baao, Camarines Sur. 


Committee Report on Proposed Senate Resolution No. 190 
Page 3 of 3 
22. 
Police Director General Avelino I. Razon Jr. was represented by Police Director 
Edgardo AcuAa of the PNP Directorate for 
Personnel and Records 
Management. 
23. 
Governor Eddie T. Panlilio, Province of Pampanga 
24. 
P/Supt. Fidel Cimatu 
25. 
P/Supt. Keith Ernald L. Sifigan 
26. 
P/Supt. Alfredo Caballes 
the public hearing. However, they sent letters of regret to the Committees: 
The following were also invited by the Committees but were not able to attend 
1. 
2. 
3. 
4. 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
II. 
1. 
2. 
3. 
Most. Rev. Leonard0 2. Legaspi, O.P., D.D., Archbishop of Caceres - Already 
had previous commitment on the same date. 
Engr. Emeterio Aman, President of Metro Naga Chamber of Commerce and 
Industry - Out of the country and cannot send any representative because the 
Ambassador of South Africa will meet the other officers of Naga Chamber of 
Commerce and Industry on the same date of the hearing. 
PSSupt. Romeo Neri Tambungui, acting Provincial Director of PNP-Camarines 
Sur - Cannot attend because he will also appear at the Sangguniang 
Panlalawigan of Camarines Sur. 
Police Senior Supt. Bailigi Agnanayon B. Tira, Officer-In-Charge of PNP-Region 
5 - He requested that he be given time to diligently prepare a position paper on 
the subject matter. The said position paper is yet to be submitted to the 
Committees. 
Also invited but were not able to attend the hearing were: 
Secretary Ronaldo V. Pun0 of the Department of the Interior and Local 
Government and chairman of the National Police Commission; 
Governor Loreto Leo S. Ocampos, president of the League of Provinces of the 
Philippines; 
Mayor Benjamin C. Abalos Jr., president of the League of Cities of the 
Philippines; 
Mayor Ramon N. Guico Jr., president of the League of Municipalities of the 
Philippines; 
Governor Luis Raymund Villafuerte, Province of Camarines Sur; 
PSSupt. Amor Y. Macoy, officer-in-charge of PNP-Naga City; 
PSSupt. Benito Pamintuan Nifio, Chief of Police, PNP-Claveria, Masbate; 
PO3 Norbert0 R. Genova Jr.; and 
PO3 Raul S. Bongon. 
ISSUES 
During the public hearing, the following issues were raised: 
What is the authority of the local government unit insofar as the police is 
concerned? 
Who has the authority to transfer, remove or re-assign an incumbent PNP 
provincial police director or chief of police in a locality? 
What is the proper procedure and what is being practiced in the designation of a 
provincial director and chief of police in a certain locality? 


Committee Report on Proposed Senate Resolution No. 190 
Page 4 of 4 
4. 
On what grounds may a provincial police director or a chief of police of a given 
locality be relieved or removed from his designated post? 
Is the appointment of an Offficer-In-Charge allowed under the law? If so, on what 
instance it is validly recognized? 
Is there a need to re-examine and amend Republic Act No 6975, otherwise 
known as the "Department of the Interior and Local Government Act of 1990" and 
Republic Act No. 8551, otherwise known as the "Philippine National Police 
Reform and Reorganization Act of 1998"? 
5. 
6. 
111. 
STATEMENT OF FACTS: 
'+ 
> 
as much as the PNP Legal Services itself said it is illegal; 
9 
That he wrote Police Senior Supt. Balligi Agnanayon Tira, Officer-in-Charge 
(OK) for PNP-Region V, and Police Senior Supt. Romeo Neri Tambungui, acting 
Provincial Director for Camarines Sur, for a list of possible nominees for Naga City 
COP. Only one of the five nominees given appeared in the Sanggunian. He then 
requested for additional nominees to compelte the list. From the list he selected Police 
Senior Supt. Benito Nitio, COP of Claveria, Masbate, however, according to the PNP 
he is not qualified for the position; 
b 
That it has been two months, from the time that he requested for the list of 
nominees and the time of the committee hearing, and no list of nominees has been 
submitted to him. He believes that the PNP knows that an OIC can only stay in office for 
thirty (30) days. The Naga City's OIC-COP has been in the office for four months now 
and there is no indication of replacing him; 
> 
That this problem in Naga City usually emanates when there is an election and 
that there are certain police officers who are willing to be tools of politicians thus 
resulting to partisan political activity within the police force; 
9 
That the Central Crame Headquarters and the Regional Command Headquarters 
in Bicol does not seem to properly coordinate with each other because Police Director 
Acutia mentioned to him that there were orders made by Camp Crame and by the court 
to Col. Balligi Agnanayon Tira, OK-Regional director for PNP-Region V, but the latter 
refused to comply. 
+ 
> 
Fuentebella did not lodge any complaint; 
9 
That he was advised by Police Chief Supt. Ireno Bacolod, Deputy Director of 
Directorate for Personnel and Records Management, to look for one in which he choose 
Police Senior Supt. Herod Ubalde, acting Provincial Director for Albay; 
Statement of Mayor Jesse Robredo of Naga City, Camarines Sur: 
That the designation of Naga City's chief of police (COP) is irregular and illegal in 
Statement of Mayor Arnulf Bryan Fuentebella of Tigaon, Camarines Sur: 
That Tigaon's former COP was relieved last August 13, 2007 in which Mayor 


Page 5 of 5 
Committee Report on Proposed Senate Resolution No. 190 
9 
That on October 12, 2007, where there was an existing election ban for the 
October 29, 2007 Barangay and Sangguniang Kabataan elections, he was given a new 
COP who is not included in the list given by the PNP. In an apparent attempt to make 
the designation appear to have been done outside the election ban the order for the 
appointment of the new COP was ante-dated to 28 September 2007. 
9 
also relieved and a new COP was installed without proper consultation with him; 
9 
not the provincial director but rather the chief administrator of the provincial directorate. 
.+: 
Statement of Ms. Josefina Dela Cruz, former Governor of Bulacan: 
P 
That on October 2006, when she was then the governor of Bulacan, she 
selected PS/Supt. Jesus Gatchalian to be the Bulacan Police Provincial Director from 
among the 3 recommendees eligible for the said position. 
The said list of 3 
recommendees was prepared and submitted by the Regional Director to the Office of 
the Provincial Governor. PSlSupt Gatchalian officially assumed post not as a Provincial 
Director but as an Officer-in-Charge. 
% 
That she later received a letter from then Chief PNP, General Oscar Calderon, 
stating that it is the prerogative of the PNP to remove, transfer or re-assign an 
incumbent PNP police officer to another locality; 
9 
That when she later wrote Gen. Calderon requesting that PSSupt. Gatchalian be 
reinstalled as provincial director of Bulacan. She was however told by PSSupt. 
Gatchalian that the PNP will wait for the new governor since she was on her way out as 
governor of Bulacan; 
9 
That despite the fact that the election period was already then in force PSISupt. 
Gatchalian was relieved from his post and was replaced by PS/Supt. Asher Dolina 
although the latter was not even among the three (3) recommendees of the Regional 
Director eligible for the Provincial Directorship. 
.+ 
9 
Calderon that Col. Binag is his choice as a new Provincial Director for Pampanga. 
P 
the Provincial Director of Pampanga is Colonel SiAgan. 
% 
to the Governor and not to the Regional Director. 
P 
That on 29 August 2007, NAPOLCOM issued Resolution No. 2007-339 
containing the 1st of three nominees for the Provincial Director of Pampanga namely: 
Colonel Dimabuyu, Colonel Binag and Colonel SiAgan. 
9 
That an undated memorandum from General AcuAa required the Regional 
Director to transmit the list of nominees to the Governor for him to choose the new 
Provincial Director for Pampanga. 
That on October 28, 2007, a day before the election, Tigaon’s deputy COP was 
That Mayor Fuentebella is even puzzled because the signatory of the Order is 
Statement of Governor Eddie T. Panlilio, Province of Pampanga: 
That as early as 23 June 2007 Gov. Panlilio already communicated to Gen. 
That on 15 August 2007 Regional Director Pan manifested that his choice to be 
That Gov. Panlilio insisted that the right to choose the Provincial Director belongs 


Committee Report on Proposed Senate Resolution No. 190 
Page 6 of 6 
9 
That on 10 September 2007 Gov.Panlilio manifested to General Pan that he is 
choosing Col. Binag from among the list of recomendees stated in the memorandum to 
be the new Provincial Director of Pampanga. Gov. Panlilio reiterated his request on 24 
September 2007. 
9 
That on 27 September 2007 Regional Director Pan stated that the list of 
nominees cannot be transmitted to Gov. Panlilio because Col. Binag is not a member of 
the Police Regional Office 3 and that he is supporting the continued stay of Colonel 
Sifigan as Provincial Director which under their policy should have a regular tenure of 2 
years before being relieved. Regional Director Pan however did not give reason why 
Col. Binag was included in the list of the recomendees if in the first place he is not a 
member of Police Regional Office 3. 
9 
That on 4 October 2007 Gov. Panlilio elevated the matter to Gen. Avelino Razon, 
Jr. and argued that his right to choose the Provincial Director of Pampanga must be 
respected. 
9 
That on 28 April 2008 Gov. Panlilio was informed by Gen. Razon that as early as 
27 October 2007, he had already appealed to the DlLG Secretary for the withdrawal of 
the name of Col. Binag as he is needed in the national transformation program of the 
PNP. 
9 
Col. Binag be appointed as the Provincial Director of Pampanga. 
9 
That on 13 May 2008 Gov. Panlilio received from Regional Director Pan the list 
of nominees namely, Colonel Siiigan, Col. Salapong and Col. Campanilla. The name of 
Col. Binag was already deleted from the list. 
9 
already appealed his case to the Office of the President 
9 
serving in an OIC capacity. 
+ 
Statement of Police Director Edgardo Acufia of PNP Directorate for 
Personnel and Records Management: 
P 
That in the exercise of certain powers by local executives, the policies of the 
PNP are anchored on the provisions of Section 51 of Republic Act No. 6975. Said 
section mandates the provincial governor to select from a list of three (3) eligibles 
recommended by the PNP regional director for appointment as provincial director of a 
certain province. Said section also mandates the city and municipal mayors to select 
from a list of five (5) eligibles recommended by the PNP provincial director for 
appointment as chief of police of that city or municipality; 
9 
That in the case of Naga City, the designation of the present OIC-chief of police 
was borne during the incumbency of an OK-provincial director himself prior to the 
selection. The national headquarters is only there to supervise the implementation of 
such policies. It is now on the side of the provincial director to solve the problem of 
submitting the five names of eligible officers for directorship of Naga City. The same is 
true in the case of Tigaon, Camarines Sur only that this time the national headquarters 
That on 28 April 2008 and 7 May 2008 Gov. Panlilio reiterated his plea to have 
That as early as 23 June 2007 Gov. Panlilio with the support of 29 bishops 
That for 11 months the Provincial Director of Pampanga is Colonel Sitigan who is 


Committee Report on Proposed Senate Resolution No. 190 
Page 7 of 7 
intervened and directed the regional director to submit to the mayor the list of five 
eligibles borne out of the report from the provincial director, Senior Supt. Tambungui; 
9 
That in the case of the Province of Bulacan, wherein Senior Supt. Gatchalian 
was never designated nor appointed as provincial director, he was later on designated 
as the Chief of Staff of the PNP Program Management Office. It has been the policy of 
the PNP that when a police officer is already occupying a superior position, he should 
not be relegated to a lower position in order not to ruin his career path. 
9 
That in the case of Bulacan, it has been made difficult with the cases filed by the 
provincial government and that the national headquarters are now face with 
complications to the selection of the three eligibles for endorsement to the concerned 
governor; 
9 
director of PNP-Bulacan, was supported by COMELEC Resolution No. 831 8; 
> 
That the movement of OlCs was the result arising from the election period 
because there are certain provinces that were declared "hot spots" during the two 
recent elections; 
9 
That the PNP is trying to resolve thisproblem through the Senior Officers 
Placement and Promotions Board. This Board deliberates on who should be 
recommended in reference to their qualifications for career-growth; 
9 
That as mandated by law, the mayor has an operational supervision over the 
police units under a municipal or city police station through the chief of police. The 
governor has an operational supervision over the police units under a provincial police 
station through the provincial director. The direct management of the police is not 
supposed to be exercised by the whole local executive but is through the provincial 
director or the chief of police; 
> 
That the PNP is observing the policy stated in Section 4 of NAPOLCOM 
Memorandum Circular No. 93-013 with regard to the removal, transfer or re-assignment 
of PNP incumbent director or chief of police; 
9 
officer-in-charge; 
P 
That the national headquarters experienced some administrative problems that 
caused the delay in the selection of the list of the recommendees for provincial director 
and chief of police because of the two elections succeeding that took place in 2007. 
9 
That the PNP advocates the removal of the participation of the local chief 
executives in the designation of Chief of Police and Provincial Director as it impedes the 
Professionalization Agenda and Transformation Program of the PNP. 
9 
Regional Office of a particular region where he is designated. 
9 
That there have been cases that after the list of nominees has been approved by 
the NAPOLCOM the list is rescinded because the nominees refuse to be assigned in 
That in the case of Senior Supt. Asher Dolina, his designation as provincial 
That it is not the policy of the PNP to extend the designation of a police officer as 
That there is no rule that requires a Provincial Director to be a member of the 


Committee Report on Proposed Senate Resolution No. 190 
Page 8 of 8 
the area or are recalled because they are needed in other programs of the PNP or other 
assignment. 
IV. FINDINGS 
1. 
concerned? 
What is the authority of the local government unit insofar as fhe police is 
Section 28 of R.A No. 7160 otherwise known as "The Local Government Code of 1991" 
states that the extent of the "operational supervision and control" of local chief 
executives over the police force assigned in their territorial jurisdiction shall be governed 
by the provisions of Republic Act No. 6975. 
Under Republic Act No. 6975 (DILG Act of 1990), as amended by R.A No, 8551, local 
chief executives are deputized representatives of the National Police Commission 
(NAPOLCOM). As deputized representatives of the NAPOLCOM, local chief executives 
shall have "operational supervision and control" over PNP units assigned at their 
territorial jurisdiction and they shall also have the power to choose their provincial police 
director and chief of police. The term "operational supervision and control" shall mean 
the power to direct, superintend and oversee the day-to-day functions of police 
investigation of crime, crime prevention activities, and traffic control in accordance with 
the rules and regulations promulgated by the commission. It shall also include the 
power to direct the employment and deployment of units or elements of the PNP, 
through the station commander, to ensure public safety and effective mechanism of 
peace and order within the locality." 
Likewise, section 63 of R.A No. 8551 gives the local peace and order council, through 
the mayor, authority to recommend the recall or reassignment of the chief of police 
when, in its perception, the latter has been ineffective in combating crime or maintaning 
peace and order in the city or municipality. 
2. 
provincial police director or chief of police in a locality? 
R.A No. 6975 provides that, the authority to transfer, remove or re-assign an incumbent 
PNP provincial police director or chief of police in a province of city and munipality is 
vested in the Chief of the Philippine National Police. Such authority however may be 
delegated to subordinate officials in accordance with the rules and regulations 
prescribed by the NAPOLCOM. 
Section 26 of Republic Act No. 6975 states that "The command and direction of the 
PNP shall be vested in the Chief of the PNP who shall have the power to direct and 
control tactical as well as strategic movements, deployment, placement, utilization of the 
PNP or any of its units and personnel, including its equipment, facilities and other 
resources. Such command and direction of the Chief of the PNP may be delegated to 
subordinate officials with respect to the units under their respective commands, in 
accordance with the rules and regulations prescribed by the Commission. X x x " 
Under R.A No. 6975, as amended by R.A No. 8551, this delegated authority to transfer, 
remove or re-assign provincial police director and chief of police is exercised by the 
regional police director insofar as it involves the provincial police director and the latter 
with respect to chief of police. 
Who has the authority to transfer, remove or re-assign an incumbent PNP 


3. 
What is the proper procedure and what is being practiced in the 
designation of a provincial director and chief of police in a certain locality? 
In the designation of a provincial police director, R.A No. 6975, as amended by R.A No, 
8551 and NAPOLCOM Memorandum Circular No. 2001-005, provides that, 
the provincial governor shall choose the provincial police director from a list of three (3) 
eligibles recommended by the PNP regional police director. The governor upon receipt 
of the list of qualified eligibles has within ten (IO) days to select and signify in writing his 
choice of provincial police director to the PNP regional director. In case of conflict 
between the PNP regional director and the governor, either of them may refer the 
matter to the NAPOLCOM regional director who shall resolve the matter within five (5) 
days from receipt. The decision of the NAPOLCOM regional director shall be final and 
executory unless appealed to the Commission en banc which shall resolve the matter 
with finality. 
In the designation of a chief of police, the same law and memorandum circular, provides 
that, city and municipal mayors shall choose their respective chief of police from among 
a list of five (5) eligibles recommended by the provincial police director. The 
city/municipal mayor upon receipt of the list of qualified eligibles has within ten (IO) days 
to select and signify in writing his choice of chief of police to the provincial police 
director. Should the city/municipal mayor fail to choose within the ten-day period, the 
provincial police director shall immediately issue an order of assignment in favor of 
anyone in the list. In case of conflict between the provincial police director and the 
citylmunicipal mayor, either of them may refer the matter to the NAPOLCOM regional 
director who shall resolve the matter within five (5) days from receipt. The decision of 
the NAPOLCOM regional director shall be final and executory unless appealed to the 
Commission en banc which shall resolve the matter with finality. 
From the testimonies of the resource speakers, the local chief executive and the PNP 
representative, it appears that the procedure is not being followed. Not only are the 
choices of the local chief executives not being honored by the PNP, the latter has been 
appointing officers who are not in the list submitted of eligibles. Further, the local chief 
executives also complain that even if their choices are appointed or designated, their 
choices are being summarily recalled by the regional police director and the provincial 
police director without proper consultation with them and the regional police director and 
the provincial police director will simply appoint an OIC. 
4. 
given locality be relieved or removed from his post? 
NAPOLCOM Memorandum Circular No. 2001-005 provides that Chief, PNP by himself 
or through the regional director himself, may relieve for cause a duly designated 
provincial police director upon consultation with the provincial governor. In the case of 
chief of police, the provincial police director may relieve for cause a duly designated 
Chief of Police upon consultation with the Mayor. 
NAPOLCOM Memorandum Circular No. 93-01 3 states that such provincial police 
director and chief of police may be transferred, removed and re-assigned without the 
approval of the governor or the mayor. It states that while prior consultation with the 
On what grounds may a provincial police director or chief of police of a 


Committee Report on Proposed Senate Resolution No. 190 
Page 10 of 10 
local chief executive concerned in such personnel action is desirable and suggesed to 
enhance mutual harmony and coordination, the same is not mandatory under R.A No. 
6875, but merely discretionary on the part of the PNP, hence, may be effected before, 
during or even after the decision process. 
5. 
it is validly recognized? 
Yes. Under Section 63 of R.A No. 8551, an Officer-In-Charge may be designated 
provided however that such designation shall not be more than thirty (30) days. The 
provision however is not so explicit on the instances that may warrant appointment of an 
OIC, it may be inferred however from the designation procedure stated in NAPOLCOM 
Memorandum Circular No. 93-013 that OIC’s may be designated when the local chief 
executives fail to choose a chief of police or a provincial police director from the list of 
recommendees or when there is a disagreement between the local chief executives 
over the the list of recommendees. 
Is the appointment of an OIC allowed under the law? If so, on what instance 
6. 
Is there a need to re-examine and amend Republic Act No 6975, otherwise 
known as the “Department of the Interior and Local Government Act of 1990” and 
Republic Act No. 8551, otherwise known as the “Philippine National Police 
Reform and Reorganization Act of 1998”? 
Yes. Section 6 Article XVI of the 1987 Constitution clearly provides that the police force 
is centrally administered and controlled by the NAPOLCOM and as stated in the local 
government code, the extent of authority of local chief executives over police units 
assigned in their area of jurisdiction is limited to “operational supervision and control”. 
It appears from the investigation that both the NAPOLCOM and the local chief 
executives perfectly understood the boundaries of their administration over the police 
force as defined by law. Conflict arises in the unilateral manner, which local chief 
executives view as unjustified and arbitrary, the NAPOLCOM and the PNP exercises its 
prerogative to rotate and reshuffle the assignment of its officers sometimes to the 
detriment of the stability of peace and order in the local government units. 
V. 
RECOMMENDATIONS: 
1. 
Provide clear guidelines on the appointment of an OIC. As stated in issue no. 5, 
while R.A No. 8551 fixed the period of time over which an OIC may hold office, it did not 
provided for a clear cut rules on what are the instances that may warrant the 
appointment of an OIC. Also, state in clear and categorical language if extension for the 
appointment of an OIC is allowed or not. The law did not state that extension of the 30 
day period are allowed however, it also did not completely prohibit such extension. 
Extension of the 30 day period within which an OIC may be designated has been openly 
abused by the PNP and the NAPOLCOM as the investigation has uncovered that as of 
14 November 2007 there are 19 Police Provincial Director and 3 City Chief of Police 
who are serving in an OIC 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. In order to ensure that this procedure in conflict resolution shall 


Committee Report on Proposed Senate Resolution No. 190 
Page11 of11 
be faithfully followed and the local chief executives sufficiently apprised of its rights in 
case of conflict with the PNP. the same 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 2 year tour of duty provided in the PNP manual be provided for and 
incorporated in R.A No. 8551 in order that this rule have stability as opposed to merely 
being under the PNP manual that may be changed from time to time by the PNP. 
Providing a fixed tour of duty for the designated 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 orde,; 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 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. 
Respectfully submitted: 
A 
/ 
Chairmc 
B. HONASAN II 
 BENIGN^ SIIVIE~N c. AQUINO 111 
Public Order and Illegal Drugs 
Committee on Local Government 
Vice - Chairman: 
n 
FRANCIS “CHIZ” G. ESCUDERO 
Committee on Local Government 
Members: 
2;/ /db- 
EDGARDO J. ANGARA 
ALAN 
PETER 
“COMPANERO” S. CAYE1 
Committee on Local Government 


Committee Report on Proposed Senate Resolution No. 190 
Page 12 of 12 
/ 
Committee on Local Government 
MANUEL “LITO” M. LAPID 
Committee on Public Order and Illegal Drugs 
Committee on Public Order and Illegal Drugs 
-.._.,_---. 
Committee on Local Government 
Committee on Public Order and Illegal Drugs 
Committee on Public Order and Illegal Drugs 
LOREN B. L 
Committee on Local Government 
on Local Government 
ANTONIO “SONNY” F. TRILLANES IV 
Committee on Local Government 
on Public Order and Illegal Drugs 
Committee on Local Government 
Ex-Officio Members: 
1. 
JERCITO ESTRADA 
AQUlLlNO Q. PIMENTEL JR. 
Minority Leader 
Drugs - 
__-- 
Drugs 
Hon. MANNY VILLAR 
President 
Senate of the Philippines 
Pasay City 


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FOURTEENTH CONGRESS OF THE REPUBLIC } 
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OF THE PHILIPPINES 
1 
Second Regular Session 
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S E N A T E  
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Prepared by the Committees on Local Government 
and on Public Order and Illegal Drugs 
AN ACT 
AMENDING SECTION 51(a)(l), SECTION 51(a)(2), SECTION 51(b)(4)(i), AND 
SECTION 52 OF REPUBLIC ACT NO. 6975, AS AMENDED BY REPUBLIC ACT NO. 
8551, OTHERWISE KNOWN AS THE "DEPARTMENT OF THE INTERIOR AND 
LOCAL GOVERNMENT ACT OF 1990", AND FOR OTHER PURPOSES 
Be if enacted by the Senafe and fhe House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 51(a)(l) of Republic Act No. 6975, as amended by Republic Act 
No. 8551, is hereby amended to read as follows: 
"(a) Provincial Governor - (1) Power to Choose fhe Provincial Direcfor. 
The provincial governor shall choose the provincial director from a list of 
three (3) eligible recommended by the PNP regional director. UPON DUE 
RECEIPT BY THE GOVERNOR, THE LIST OF THREE (3) ELIGIBLES 
SHALL NOT BE SUBJECT TO ANY AMENDMENT BY THE PNP 
REGIONAL DIRECTOR. IN THE EVENT OF A DISAGREEMENT 
BETWEEN THE GOVERNOR AND THE PNP REGIONAL DIRECTOR, 
NOT MORE THAN THIRTY (30) DAYS EXTENDIBLE FOR ANOTHER 
THIRTY (30) DAYS THEREAFTER, NO FURTHER EXTENSION OF THE 
TERM SHALL BE ALLOWED: PROVIDED, FURTHER, THAT THE 
PROVINCIAL PEACE AND ORDER COUNCIL MAY, THROUGH THE 
GOV,ERNOR, RECOMMEND THE RECALL OR REASSIGNMENT OF 
THE PROVINCIAL POLICE DIRECTOR WHEN, IN ITS PERCEPTION, 
THE LATTER HAS BEEN INEFFECTIVE IN COMBATING CRIME OR 
MAINTAINING PEACE AND ORDER IN THE PROVINCE: PROVIDED, 
FINALLY, THAT SUCH RELIEF SHALL BE BASED ON DULY 
ESTABLISHED 
GUIDELINES 
BY 
THE 
NATIONAL 
POLICE 
COMMISSION (NAPOLCOM): PROVIDED, HOWEVER, THAT NO 
RECAL OR REASSIGNMENT INITIATED BY THE PNP SHALL BE 
EFFECTIVE WITHOUT CONSULTATION WITH THE GOVERNOR 
CONCERNED. 
AN OFFICER-IN-CHARGE MAY BE DESIGNATED FOR A PERIOD OF 
SEC. 2. A new sub-item after Section 51(a)(2) shall be incorporated to read as follows: 
"(3) IN CASE OF CONFLICT BETWEEN THE PNP REGIONAL 
DIRECTOR AND THE PROVINCIAL GOVERNOR, EITHER OF THEM 
MAY REFER THE MATTER TO THE NAPOLCOM REGIONAL 
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DIRECTOR WHO SHALL RESOLVE THE MATTER WITHIN FIVE (5) 
WORKING DAYS FROM RECEIPT THEREOF. THE DECISION OF THE 
NAPOLCOM 
REGIONAL 
DIRECTOR 
SHALL 
BE 
FINAL 
AND 
EXECUTORY UNLESS APPEALED TO THE COMMISSION EN BANC 
WHICH SHALL RESOLVE THE MATTER WITH FINALITY AND ORDER 
THE IMPLEMENTATION WITHIN TEN (IO) WORKING DAYS FROM 
ACQUISITION OF JURISDICTION OVER THE ISSUE. A MOTION FOR 
RECONSIDERATION/REVIEW OF THE EN BANC DECISION SHALL 
NOT BE ALLOWED." 
SEC. 3. Section 51(b)(4)(i) of Republic Act No. 6975, as amended by Republic Act No. 
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 from a list of five (5) eligibles 
recommended by the provincial police director, preferably from the same 
province, city or municipality. UPON DUE RECEIPT BY THE CITY OR 
MUNICIPAL MAYOR, THE LIST OF FIVE (5) ELIGIBLES SHALL NOT BE 
SUBJECT TO ANY AMENDMENT BY THE PROVINCIAL POLICE 
DIRECTOR. IN THE EVENT OF A DISAGREEMENT BETWEEN THE 
CITY OR MUNICIPAL MAYOR AND THE PROVINCIAL POLICE 
PERIOD OF NOT MORE THAN THIRTY DAYS (30) EXTENDIBLE FOR 
ANOTHER THIRTY (30) DAYS. THEREAFTER, 
NO FURTHER 
EXTENSION OF THE TERM SHALL BE ALLOWED: PROVIDED, 
FURTHER, THAT THE LOCAL PEACE AND ORDER COUNCIL MAY, 
THROUGH THE CITY OR MUNICIPAL MAYOR, RECOMMEND THE 
RECALL OR REASSIGNMENT OF THE CHIEF OF POLICE WHEN, IN 
ITS PERCEPTION, THE LATTER HAS BEEN INEFFECTIVE IN 
COMBATTING CRIME OR MAINTAINING PEACE AND ORDER IN THE 
CITY OR MUNICIPALITY: PROVIDED, FINALLY, THAT SUCH RELIEF 
SHALL BE BASED ON DULY ESTABLISHED GUIDELINES BY THE 
NAPOLCOM: PROVIDED, 
HOWEVER, 
THAT 
NO RECALL OR 
REASSIGNMENT INITIATED BY THE PNP SHALL BE EFFECTIVE 
WITHOUT CONSULTATION WITH THE CITY OR MUNICIPAL MAYOR 
CONCERNED;" 
DIRECTOR, AN OFFICER-IN-CHARGE MAY BE DESIGNATED FOR A 
SEC. 4. A new sub-item after Section 51(b)(4)(iii) shall be incorporated to read as 
follows: 
"(iv)IN CASE OF CONFLICT BETWEEN THE PNP REGIONAL 
DIRECTOR AND THE MAYOR, EITHER OF THEM MAY REFER THE 
MATTER TO THE NAPOLCOM REGIONAL DIRECTOR THROUGH THE 
PNP REGIONAL DIRECTOR WHO SHALL RENDER A DECISION 
WITHIN FIVE (5) WORKING DAYS FROM RECEIPT THEREOF. THE 
DECISION OF THE NAPOLCOM REGIONAL DIRECTOR SHALL BE 
FINAL UNLESS AN APPEAL IS SUBMITTED TO THE COMMISSION EN 
BANC WHICH SHALL RESOLVE THE MATTER WITHIN TEN (IO) 
WORKING DAYS FROM ACQUISITION OF JURISDICTION OVER THE 
ISSUE. NO MOTION FOR RECONSlDERATlONlREVlEW OF THE EN 
BANC DECISION SHALL BE ALLOWED." 
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SECTION 5. Section 52 of Republic Act No. 6975, as amended by R.A No. 
8551, is hereby amended to read as follows: 
"SEC. 52. Suspension or Withdrawal of Deputation. - Unless reversed 
by the President, the Commission may, after MANDATORY 
consultation with the provincial governor and congressman concerned, 
suspend or withdraw the deputation of any local executive for any of 
the following grounds: 
"(a) Frequent unauthorized absences; 
"(b) Abuse of authority; 
"(c) Providing material support to criminal elements; or 
"(d) Engaging in acts inimical to national security or which negate the 
effectiveness of the peace and order campaign. 
"Upon good cause shown, the President may, directly or through the 
Commission, motu proprio restore such deputation withdrawn from any 
local executive." 
*.A 
SECTIONlb. A new section SECTION 53-A shall be incorporated after 
Section 53 to read as follows: 
"SECTION 53-A. TERM OF OFFICE OF CHIEF OF POLICE AND 
PROVINCIAL POLICE DIRECTOR - A DULY SELECTED CHIEF OF 
POLICE AND PROVINCIAL DIRECTOR SHALL HAVE A FIXED 
OR TERM EXTENSION BUT WITHOUT PREJUDICE TO EARLY 
REMOVAL OR TRANSFER OF ASSIGNMENT PURSUANT TO THE 
PROVISION OF SECTION 51 (a) (1) and (b) (4) (i)." 
TOUR OF DUTY OF TWO (2) YEARS WITHOUT RE-APPOINTMENT 
&,. 
SECTION 3. Separability Clause. - If any provision of this Act shall be declared 
unconstitutional, any other provision not affected thereby shall remain in full force 
and effect. 
SECTION $. e- Repealing Clause. - All laws, decrees, orders, rules and 
regulations, or parts thereof inconsistent with this Act are hereby repealed or 
amended accordingly. 
SECTION I" 
€ffecfjvity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Y 
Chairman 
3