EXECUTIVE ORDER NO. 1012 March 22, 1985
PROVIDING MEASURES TO IMPROVE THE ADMINISTRATIVE AND OPERATIONAL FRAMEWORK FOR MAINTAINING PEACE AND ORDER AT THE PROVINCIAL, CITY AND MUNICIPAL LEVELS
WHEREAS, Article XV, Section 12, of the Constitution provides that "(t)he State shall establish and maintain an Integrated National Police Force whose organization, administration and operation shall be provided by law;"
WHEREAS, Presidential Decree No. 765 established and constituted the Integrated National Police, composed of the Philippine Constabulary as the nucleus and the integrated police forces established under Presidential Decree Nos. 421, 482, 531, 585 and 641, as components, under the Ministry of National Defense;
WHEREAS, Presidential Decree No. 1162 provided for supervisory authority of local executives over certain units of the Integrated National Police;
WHEREAS, the present set-up has not been very effective and responsive as a measure to deter the presence of communist and other subversive elements in certain local areas and the resultant deterioration of peace and order therein;
WHEREAS, local executives, while invariably being held responsible...
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Executive Orders
Providing Measures to Improve the Administrative and Operational Framework for Maintaining Peace and Order at the Provincial, City and Municipal Levels
Executive Order No. 1012
EXECUTIVE ORDER NO. 1012
Operational Supervision and Direction Over Local Police Forces
- Transfers operational supervision and direction over units of the Integrated National Police (INP) from the Philippine Constabulary to city/municipal governments. (Sec. 1)
- Defines "operational supervision and direction" per Sec. 1(e) of Presidential Decree No. 1162. (Sec. 1)
- President can terminate local executive's authority over INP if abused. (Sec. 1)
- Provincial governors, city/municipal mayors have general supervision over INP units in their jurisdiction per Sec. 1(d) of Presidential Decree No. 1162. (Sec. 1)
- Provincial governors and city mayors to conduct inventory of INP policemen in their areas. (Sec. 2)
- Provincial commanders to reassign/redistribute INP policemen based on population, peace and order situation, and financial contribution to INP. (Sec. 3)
- Policemen to be assigned to their municipality/city of residence. Non-residents can be assigned if needed. (Sec. 3)
- No reassignment of policemen outside residence without approval of local mayor. New appointments need mayor's recommendation. (Sec. 4)
- Augmentation of police force by reassignment from other areas or new appointments with mayor's recommendation. (Sec. 5)
- Conflict between local executive and INP station commander on normal operations to be resolved by provincial governor or ministers. (Sec. 7)
Strengthening and Training the CHDF
- Regional Unified Commanders to conduct inventory of CHDF members. (Sec. 8)
- Additional CHDF members may be appointed by RUC commander with President's approval and local executive's recommendation. Local units to initially fund new CHDF members. (Sec. 9)
- Retraining of incumbent CHDF members and orientation for new recruits by RUC commanders and local executives. Local units may fund orientation. (Sec. 10)
- Local governments cannot fund purchase of arms/ammunition for CHDF. AFP to provide. (Sec. 11)
- CHDF funds to be remitted to provincial/city treasurers for payment. (Sec. 12)
Local Integrated Security Defense Plan
- Municipal/city mayors and INP commanders to develop integrated security plans involving police, military, CHDF. (Sec. 13)
- Plans to provide arrangements for force movement/reinforcement within province. (Sec. 14)
- Provincial commander oversees implementation of local plans. Conflicts resolved per Sec. 7. (Sec. 15)
Disciplinary Powers
- City/municipal mayors and INP commanders can impose penalties for minor offenses by INP members through reprimand, restriction, withholding privileges, salary forfeiture up to 10 days, suspension up to 10 days. (Sec. 16)
- Defines "minor offense" as acts not involving moral turpitude but affecting internal discipline like misconduct, insubordination, absences, drunkenness, prohibited gambling. (Sec. 17)
- Excludes offenses like disloyalty, grave misconduct, oppression, partisan activities, falsification, crimes of moral turpitude from "minor offenses". (Sec. 17)
Miscellaneous
- Status report on actions taken to be submitted to President within 45 days. (Sec. 18)
- Inconsistent provisions of other laws/decrees amended or repealed. (Sec. 19)
- Severability clause for unconstitutional provisions. (Sec. 20)
- Immediate effectivity. (Sec. 21)
Operational Supervision and Direction Over Local Police Forces
- Transfers operational supervision and direction over units of the Integrated National Police (INP) from the Philippine Constabulary to city/municipal governments. (Sec. 1)
- Defines "operational supervision and direction" per Sec. 1(e) of Presidential Decree No. 1162. (Sec. 1)
- President can terminate local executive's authority over INP if abused. (Sec. 1)
- Provincial governors, city/municipal mayors have general supervision over INP units in their jurisdiction per Sec. 1(d) of Presidential Decree No. 1162. (Sec. 1)
- Provincial governors and city mayors to conduct inventory of INP policemen in their areas. (Sec. 2)
- Provincial commanders to reassign/redistribute INP policemen based on population, peace and order situation, and financial contribution to INP. (Sec. 3)
- Policemen to be assigned to their municipality/city of residence. Non-residents can be assigned if needed. (Sec. 3)
- No reassignment of policemen outside residence without approval of local mayor. New appointments need mayor's recommendation. (Sec. 4)
- Augmentation of police force by reassignment from other areas or new appointments with mayor's recommendation. (Sec. 5)
- Conflict between local executive and INP station commander on normal operations to be resolved by provincial governor or ministers. (Sec. 7)
Strengthening and Training the CHDF
- Regional Unified Commanders to conduct inventory of CHDF members. (Sec. 8)
- Additional CHDF members may be appointed by RUC commander with President's approval and local executive's recommendation. Local units to initially fund new CHDF members. (Sec. 9)
- Retraining of incumbent CHDF members and orientation for new recruits by RUC commanders and local executives. Local units may fund orientation. (Sec. 10)
- Local governments cannot fund purchase of arms/ammunition for CHDF. AFP to provide. (Sec. 11)
- CHDF funds to be remitted to provincial/city treasurers for payment. (Sec. 12)
Local Integrated Security Defense Plan
- Municipal/city mayors and INP commanders to develop integrated security plans involving police, military, CHDF. (Sec. 13)
- Plans to provide arrangements for force movement/reinforcement within province. (Sec. 14)
- Provincial commander oversees implementation of local plans. Conflicts resolved per Sec. 7. (Sec. 15)
Disciplinary Powers
- City/municipal mayors and INP commanders can impose penalties for minor offenses by INP members through reprimand, restriction, withholding privileges, salary forfeiture up to 10 days, suspension up to 10 days. (Sec. 16)
- Defines "minor offense" as acts not involving moral turpitude but affecting internal discipline like misconduct, insubordination, absences, drunkenness, prohibited gambling. (Sec. 17)
- Excludes offenses like disloyalty, grave misconduct, oppression, partisan activities, falsification, crimes of moral turpitude from "minor offenses". (Sec. 17)
Miscellaneous
- Status report on actions taken to be submitted to President within 45 days. (Sec. 18)
- Inconsistent provisions of other laws/decrees amended or repealed. (Sec. 19)
- Severability clause for unconstitutional provisions. (Sec. 20)
- Immediate effectivity. (Sec. 21)