PHILIPPINE National Police chief, Director General Ronald ‘Bato’ M. dela Rosa has delegated to all 18 PNP Regional Directors the authority to approve requests for police assistance in the implementation of permanent court orders including the removal of so-called illegal settlers within their jurisdiction, officials said yesterday.
According to PNP spokesman, Senior Superintendent Dionardo B. Carlos, the PNP chief approved the delegation of authority to RDs when it comes to approving requests for police assistance in the implementation of final decisions or orders of the courts, quasi-judicial bodies and administrative bodies within their jurisdiction.
In a memorandum he issued last August 16, Gen. Dela Rosa gave RDs the authority to approve requests subject to the requirements of existing laws, policies and regulations.
In effect, the memorandum empowers RDs to take appropriate action on requests for police assistance in the implementation of final decisions or orders of the Supreme Court, the Court of Appeals, the Court of Tax Appeals, the Sandiganbayan, quasi-judicial bodies or administrative bodies.
Rule 28 of the Revised Police Operational Procedures provides that specific requests of this nature “shall be submitted to the Office of the Chief, PNP in case the final decision or order to be implemented is rendered by the Supreme Court, the Court of Appeals, the Court of Tax Appeals, the Sandiganbayan and quasi-judicial bodies or administrative bodies.
In the case of requests for police assistance of quasi-judicial or administrative bodies, Rule 28 provides that these shall be submitted to the Office of the Chief, PNP regardless of the place where the police assistance shall be rendered, but the same may be delegated to the RD upon the discretion of the Chief, PNP.
Aside from this delegated authority, the same Revised Police Operational Procedures empower PNP Regional Directors to approve requests for police assistance to implement final decisions or orders rendered by the Regional Trial Court or the Municipal Trial Court having territorial jurisdiction over the place of implementation.
Under existing Rules, the Chief, PNP, as may be recommended by the Director for Operations, may task any operational support unit of the PNP or the PRO that has jurisdiction in the area where the decision/order/resolution shall be implemented to render police assistance.
PNP Regional Directors, on the other hand, may task the Public Safety Company/Battalion, Police Provincial Office (PPO), City Police Office/Station (CPS) or Municipal Police Station (MPS) within his jurisdiction to render police assistance. In case of direct filing or request to local police units or operational support units, the request shall be referred to the Office of the Regional Director. No police assistance shall be rendered until the Regional Director shall have acted on the request.
Rule 28.6 of the Revised Police Operational Procedures provides that “the role of the PNP shall be limited to the maintenance of peace and order, crowd control, and the security of the Sheriff or equivalent officer of quasi-judicial or administrative body. In no case shall PNP personnel participate in the implementation of the decision/order/resolution by performing acts not herein mentioned, such as, but not limited to, dismantling, hauling of personal property and other analogous acts.”
Moreover, “PNP personnel shall observe maximum tolerance and respect for individual rights at all times. Dialogue with those who may be affected by the implementation of the decision/order/resolution is encouraged to prevent violence, and the assistance of local public officials, when warranted, should be requested. However, the Sheriff or the equivalent officer of quasi-judicial or administrative bodies shall have the final disposition whether to proceed with the implementation of the decision/order/resolution or not. The use of reasonable force shall only be resorted to for self-defense and defense of strangers.