Napolcom allays concerns about return of police control to mayors

It’s not what you think.

Concern over what most sectors interpret to be the transfer of control over the police to Metro Manila’s mayors is unfounded, an official of the National Police Commission (Napolcom) said yesterday.

Napolcom vice chairman and executive officer Rogelio Pureza downplayed the concern and opposition raised by several sectors regarding Memorandum Order (MO) No. 77 issued by President Arroyo. According to Pureza, the presidential memorandum merely clarifies existing laws regarding the power of the mayors over the police officers serving in their areas of jurisdiction.

Pureza said nothing significantly new is contained in MO 77 that will allow the mayors to commit abuses using the police forces.

"The MO is only a clarification of the existing laws defining the relationship between the mayors and the local police," Pureza said.

Most of the concerns raised regarding the controversial MO are based on the premise that the mayors would be given complete control and supervision over the police.

Pureza said the control given to the mayors over the police forces in their cities and municipalities is limited to the operational aspects, as well as some elements of administrative control, such as the deployment of police personnel and the choice of police chiefs assigned to local government units (LGUs)

Interior and Local Government Secretary Jose Lina Jr. previously said that one of the provisions of MO 77 is the strengthening of the functions of the People’s Law Enforcement Boards of LGUs.

Lina said the PLEB can decide on dismissal cases against local police personnel in their areas of jurisdiction and the PLEB’s decision will immediately be executed.

"This will address the apprehensions of the mayors that they cannot discipline their police (force)," Lina said.

He added that the mayors have the power to appoint policemen in their respective areas, as far as new police recruits are concerned.

Lina said the law already states that no new police personnel can be hired without the approval of the mayors and, in practice, the mayors actually recommend the assignments of the police personnel.

Both Lina and Pureza explained that the mayors could not be granted administrative control over the police because this is expressly prohibited in the Constitution.

A constitutional amendment would be needed to grant mayors full control over the police force.

Because the Philippine National Police is a national agency, the Constitution states that the Napolcom has control and supervision over the PNP.

The Metro Manila mayors, led by their chairman Lito Atienza of Manila, welcomed the MO as a first step toward their goal of regaining control over the police.

Malacañang previously indicated that the implementation of MO 77 would serve as a test case to determine whether the same program can be applied to the rest of the country’s LGUs.