P.D. No. 482 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 482 June 13, 1974
INTEGRATION OF POLICE AND FIRE DEPARTMENTS AND JAILS IN CERTAIN PROVINCES
WHEREAS, pursuant to Section 12, Article XV of the Constitution of the Philippines, a proposed Presidential Decree for the establishment of Integrated National Police Force, with the Philippine Constabulary as the nucleus, is under consideration;
WHEREAS, in view of the over-all importance of the establishment of such Integrated National Police Force upon the peace and order condition of the nation, there is need to test its viability and efficacy to attain its goal of having an efficient, responsive police service by eliminating the causes of irritants and jealousies among independent police and other law- enforcement agencies, such as conflicts in political/jurisdictional boundaries lack of coordination and duplication of functions;
WHEREAS, the constitution of the city/municipality police and fire departments and jails in the Greater Manila Area into the Metropolitan Police Force pursuant to Presidential Decree No. 421, dated March 21, 1974 is a step toward the establishment of such Integrated National Police Force;
WHEREAS, in order to have a country-wide yardstick for assessing the benefits that can be generated by an Integrated National Police Force and for determining possible defects of such system and eliminating the same, it is necessary that pilot projects similar to the Metropolitan Police Force in the Greater Manila Area be established in urban areas/centers of population within each Philippine Constabulary Zone;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, and pursuant to the Proclamation No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order and decree to be part of the law of the land, the following:
Section 1. Integration of city/municipal police and fire departments and jails in certain provinces. All laws to the contrary notwithstanding, the city/municipal police and fire departments and jails in the following provinces, as they are presently constituted and organized, are hereby integrated into the law enforcement units to be known as indicated:
a. All municipalities of the Province of Bulacan, except the Municipality of Valenzuela, to be known as the Bulacan Integrated Police Force;
b. All municipalities of the Province of Pampanga, including the City of Angeles, to be known as the Pampanga Integrated Police Force;
c. All municipalities of the Province of Nueva Ecija, including the Cities of Cabanatuan, Palayan and San Jose, to be known as the Nueva Ecija Integrated Police Force;
d. All municipalities of the Province of Laguna, including the City of San Pablo, to be known as the Laguna Integrated Police Force;
e. All municipalities of the Province of the Province of Cebu, including the Cities of Cebu, Danao, Lapu-lapu, Mandaue and Toledo, to be known as the Cebu Integrated Police Force; and,
f. All municipalities of the Province of Misamis Oriental, including the Cities of Cagayan de Oro and Gingoog, to be known as the Misamis Oriental Integrated Police Force.
Sec. 2. Head of the Integrated Police Forces. The heads of the Bulacan Integrated Police Force, the Pampanga Integrated Police Force, the Nueva Ecija Integrated Police Force, the Laguna Integrated Police Force, the Cebu Integrated Police Force and the Misamis Oriental Integrated Police Force, the Cebu Integrated Police Force and Misamis Oriental Integrated Police Force shall be designated by the Chief of Constabulary from among the officers of the Philippine Constabulary.
Sec. 3. Jurisdiction of the Integrated Police Forces. The Integrated Police Forces constituted pursuant to Section 1 hereof shall be responsible for the public safety and discharge the functions of enforcement of the laws and maintenance of peace and order within the territorial limits of each of the above-mentioned provinces and the cities therein. These Integrated Police Forces shall have the power to prevent crimes, take necessary measures for public safety, effect arrest of criminal offenders, investigate the commission of all crimes and offenses in their respective jurisdictions and bring the offenders to justice.
Sec. 4. Operational control and direction over the Integrated Police Forces. The Philippine Constabulary shall exercise operational control, direction and supervision over the Integrated Police Forces herein constituted. For this purpose, the Chief of Constabulary shall integrate the above-mentioned Integrated Police Forces into the organizational and operational set-up of the Philippine Constabulary and exercise control, direction and supervision through the Head of each of the said Integrated Police Forces: Provided, That such Integrated Police Forces shall not form part of the Philippine Constabulary as a military organization and a Major Service of the Armed Forces of the Philippines but as civilian components thereof, except as may be directed by the President in time of emergency.
Sec. 5. Extent of control and direction. The power of control and direction over each of the Integrated Police Forces shall include the power to control and direct the tactical, strategical movements, deployments, placements and/or utilization of the Integrated Police Forces concerned, or any of its components, elements, equipment, facilities, and all other resources, within its territorial jurisdiction; the training of the members thereof; and such other powers that may be necessary to make such control and direction real and effective.
Sec. 6. Power of administrative control and supervision. Administrative control and supervision over the several police and fire departments and jails composing each of the Integrated Police Forces herein constituted shall, prior to the transfer provided for in Sec. 7 hereof, remain with the offices, agencies and officials in which said power is vested in accordance with existing laws: Provided, That such power shall not be exercised in a manner that will adversely affect the integrity, capability and operational efficiency of said Integrated Police Forces or any of their components/elements. Accordingly, administrative matters, such as appointment, promotion, suspension, separation and other administrative disciplinary action; grant/payment of salary and/or allowances, compensation, leave, and other benefits, logistical support, and such other matters pertaining to personnel administration, which are currently vested in and exercised by other officials pursuant to existing laws, rules and regulations shall remain with said officials: Provided, further, that the appointment, promotion, suspension and separation of, and other disciplinary action upon any member of the Integrated Police Forces herein constituted shall be effected only upon recommendation of the Head thereof: Provided, finally, That in case of conflict between the exercise of administrative control, and supervision, on the one hand, and operational control, direction and supervision, on the other hand, the latter shall prevail.
Sec. 7. Administration control and supervision to be transferred to the Philippine Constabulary. After one year, but not later than two years, from the effectivity of this Decree, the power of administrative control and supervision provided for in Sec. 6 hereof shall be taken over and exercised by the Philippine Constabulary. For this purpose, the personnel, records, funds, property, equipment, facilities, and other resources belonging to, being used by or intended for the several police and fire departments and jails composing such Integrated Police Forces, including firearms, motor vehicles, communications and criminal laboratory facilities, if any, shall be transferred to the administration and custody of the Philippine Constabulary: Provided, That upon the effectivity of this Decree but before such transfer, no such personnel, records, funds, property, equipment, facilities and other resources shall be transferred out of, or removed or diverted from said police and fire departments and jails.
Sec. 8. Funding of the Integrated Police Forces. Effective upon the transfer of the power of administrative control and supervision over the several police and fire departments and jails to the Philippine Constabulary as herein provided, each of the cities and municipalities referred to in Section 1 of this Decree shall allocate at least eighteen (18%) per centum of its annual gross income as its contribution for the maintenance of the Integrated Police Force to which its police and fire departments and jail are integrated. The National Government shall provide subsidies and other types of fund support to insure a minimum standard salary for the members thereof and provide for the modernization of their public safety equipment/installations in accordance with existing laws and policies or as may hereafter be provided.
Sec. 9. Funding for integration activities. Upon the promulgation of this Decree but prior to the allocation of the eighteen (18%) per centum of the annual gross income of the cities and municipalities referred to in the preceding Sec. 8 for the support of the Integrated Police Force into which their respective police and fire departments and jails have been integrated, the sum of eleven million pesos is hereby authorized to drawn from the unreleased appropriation of any government agency for fiscal year 1974 to be used solely by the Philippine Constabulary to support the police integration activities called for in this Decree: Provided, That the unexpended balance of this fund at the end of the fiscal year shall be available and is hereby authorized for expenditure in the succeeding years.
Section 10. No reduction in salary. This Decree shall be implemented in such manner that will not result, except for cause provided by law, in the reduction of salary among the personnel of the Integrated Police Forces.
Section 11. Chief of Constabulary to promulgate rules and regulations. The Chief of Constabulary shall, with the approval of the Secretary of National Defense, promulgate the necessary rules and regulations for the effective implementation of this Decree.
Section 12. Penal provision. Any person who directly or indirectly obstructs or interferes with the implementation of this Decree of the rules and regulations promulgated by the Chief of Constabulary in accordance herewith shall, upon conviction, suffer imprisonment of not less than three (3) years nor more than six (6) years and/or a fine of not less than 5,000 pesos nor more than 10,000 pesos, at the discretion of the court.
When the offender is a public officer or employee, he shall, in addition to the foregoing penalty, suffer disqualification from addition to the foregoing penalty, suffer disqualification from holding any public office or employment for life.
Section 13. Repealing clause. The provisions of Republic Act No. 4864, otherwise known as the "Police Act of 1966", as amended by President Decrees No. 1, dated September 22, 1972; No. 12, dated September 24, 1972; No. 12-A dated October 4, 1972; No. 12-B, dated October 28, 1972; No. 170, dated April 4, 1973 and No. 448, dated May 9, 1974; the provisions of the City Charters of the Cities of Angeles, Cabanatuan, Palayan, San Jose, San Pablo, Cebu, Danao, Lapu-lapu, Mandaue, Toledo, Cagayan de Oro and Gingoog, all as amended, all laws, decrees, orders, instructions, rules and regulations which are inconsistent with this Decree are hereby repealed or modified accordingly.
Section 14. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 13th day of June, in the year of Our Lord, nineteen hundred and seventy-four.