Memorandum Circular No. 38




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 38, March 26, 1993 ] GIVING LOCAL GOVERNMENT EXECUTIVES MORE SUBSTANTIVE AND MEANINGFUL ROLE AND RESPONSIBILITY IN THE ANTI-CRIME CAMPAIGN WHEREAS, there is a need to involve all concerned sectors of the government and of society in the campaign against criminality; WHEREAS, the main focus of the anti-crime drive has so far been on the actions of the national law enforcement agencies; WHEREAS, the Local Government Code has empowered the local executives to enforce the laws and ordinances within their respective jurisdictions; WHEREAS, the local executives are the government’s frontline links to the people and are exposed to the day-to-day problems of the community; WHEREAS, it is thus proper to give the local executives a more substantive, more meaningful and more pronounced role in the maintenance of peace and order in their respective localities; NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby order: Section 1. Local government executives are directed to exercise fully their power of operational supervision and control over the police forces or units assigned within their respective jurisdictions as defined in Section 51 of Republic Act No. 6975 and implemented under NAPOLCOM Memorandum Circular No. 91-001 and, thereby, actively manage the anti-crime campaign and the maintenance of peace and order in their localities, including the implementation of their public safety plan and the harnessing of the citizenry to participate and support this undertaking. Governors and Mayors are enjoined to regularly and faithfully exercise their functions as Chairmen of their respective Peace and Order Councils (POCs).1aшphi1 Section 2. There shall be no transfer, assignment, and reassignment of PNP personnel in or out of the city or municipality without prior consultation with the concerned mayors, except when such prior consultation could not be effected due to exigency of the service. Section 3. The Chief, Philippine National Police (PNP), shall provide adequate and determinate budgetary allocation and logistics for the various provinces, districts/stations. Section 4. The Chief, PNP, shall assign and push more manpower resources to frontline units i.e., the city or municipal districts/stations so that the proper police-to-population ratios are provided for by Republic Act No. 8975 are attained, and likewise to have more available uniformed policemen for crime prevention and suppression activities at the city or municipal level. Section 5. The Chief, PNP, and his subordinate commanders shall continue to exercise supervision and coordination of police operations on a regional, provincial, or metrowide basis, and support the local executives in every way possible to enhance peace and order conditions in their respective localities. DONE in the City of Manila, this 26th day of March, in the year of Our Lord, nineteen hundred and ninety-three. (Sgd.) FIDEL V. RAMOS By the President (Sgd.) EDELMIRO A. AMANTE Executive Secretary The Lawphil Project - Arellano Law Foundation