Dilg Memocircular 2017523 - b155fc8b45 PDF

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Republic of he Philippines sPNT OF Tyg DEPARTMENT OF THE INTERIOR AND LOCAL GO FFICIAL “, DILG-NAPOLCOM Center, EDSA comer Quezon Avenue, West Triangle, Quezon SiG f= LEASE: De re Angew il gow ph & Signature ] %, Date é Time: = AMENDING DILG MEMORANDUM CIRCULAR NO. 2017-64, ENTITLI SECTION “COMPLIANCE TO PEACE AND ORDER AND ANTF-ILLEGAL DRUG RELATED 0. woo ISSUANCES” Memorandum Circular No._2017=67— May 22, 2017 1.0 Background 1.1. This Department has previously issued Memorandum Circular No. 2017-64 directing all Local Chief Executives to ensure compliance to existing laws and policies relative to the promotion and maintenance of peace and order in their respective localities. 1.2. Per feedback from DILG Regional Offices, as the POC Secretariat, and the Interim National Peace and Order Council (NPOC) Secretariat, this amendment is being issued. 2.0 Purpose 2.1 The purpose of this policy is to address operational concerns relative to the implementation of issuances on peace and order and anti-illegal drugs, and to amend or clarify certain items of DILG MC No. 2017-64 3.0 Legal Compliance 3.1. The Constitution mandates that the government shall promote the quality of life of the people. Towards this end, Section 16 of the Local Government Code of 1991 provides that local government units shall pursue undertakings to improve public morals and maintain peace and order, among other concerns. 3.2, All concerned, specifically local chief executives, are reminded of Section 116 of the Local Government Code, which mandates the establishment of local Peace and Order Councils (POC) in every Province, City and Municipality, pursuant to Executive Order 309, series of 1988. Likewise, Executive Order No. 366, series of, 1996, mandates every Barangay to create a Barangay Peace and Order Committee (BPOC) as the implementing arm of the City/Municipal POC. 3.3. Attention is also directed to Article VII, Section 51 of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, which directs local government units to appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents. 3.4, In connection with the above, Republic Act No. 8551, titled, “The Philippine National Police Reform and Reorganization Act of 1998,” specifically Section 65, ‘states that the National Police Commission may, “after consultation with the provincial governor and congressman concerned, suspend or withdraw the deputation of any local executive” for “engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign,” among others. 3.5. In addition, Memorandum Circulars from this Department on peace and order, as well as issuances from other National Government Agencies, as enumerated DILG MC. No. 2017-64, are also used as references for this Circular. 4.0 Scope/Coverage All Provincial Governors, City and Municipal Mayors, Punong Barangays, DILG Regional Directors, ARMM Regional Governor, and all others concerned 5.0 Definitions For purposes of this Memorandum Circular, the following terms shall be defined as: 5.1. Peace and Order Programs- Law enforcement activities that address criminality and human rights violations and bring about the achievement of justice, peace and order. 5.2. Local Peace and Order Council- The local POC is headed by the Local Chief Executive, and serves as the convergence of all peace and order and public safety programs/projects and concerns on such matters in the locality. 5.3. Local Peace and Order Council Secretariat- The local POC Secretariats provide technical support to the POCs, including, but not limited to, capacity development. The POC Secretariat at the P/C/M level are the DILG Field Offices. 5.4. Community and Service-Oriented Policing (CSOP)- An integrated approach to the community's peace and order and public safety concerns based on the notion that the police can provide better services to the community through the development of an effective partnership between and among them. 5.5. Peace and Order and Public Safety (POPS) Plan- A three (3)-year, term based plan formulated by the local Peace and Order Council pursuant to DILG Memorandum Circular 2015-128. The POPS Plan is incorporated in the Comprehensive Development Plan (CDP) of the LGU. It also promotes the CSOP approach, 5.6. Integrated Area/ Community Public Safety Plan (IACPSP)- pursuant to R.A 6975, the municipal/city mayor shall, in coordination with the local peace and order council of which he is the chairman pursuant to Executive Order No. 309, as amended, develop and establish an integrated area/community public safety rcansrayee onto e8 A plan embracing priorities of action and program thrusts for implementation by the local PNP stations. The IACPSP has been harmonized with the POPS Plan and is manifested as the annual implementation of the PNP activities /CSOP activities as culled out from the said POPS Plan. 5.7. Local Anti-Criminality Action Plan (LACAP)- An annual plan to be formulated by the local PNP, to include anti-criminality activities that are urgent or issue- based and have not been included in the POPS Plan due to its unpredictable nature. 5.8. Local Anti-Drug Plan of Action (LADPA)- A local plan based on the National Anti- Drug Program of Action, containing programs, projects and activities to fight illegal drugs. The LADPA is already incorporated in the POPS Plan under the Crime and Disorder Focus Area 6.0 Policy Content and Guidelines 6.1. Local Chief Executives are hereby reminded to ensure compliance to the provisions of laws and issuances relative to the promotion and maintenance of peace and order in their locality, specially, but not limited to, the following: 6.1.1. Creation of local Peace and Order Councils; 6.1.2. Formulation and submission to the Interim NPOC Secretariat of the 3- year, term-based Peace and Order and Public Safety Plan, pursuant to DILG MC No. 2015-128 and following the format prescribed by the POPS Planning Guidebook, which operationalizes the said Memorandum Circular; 6.1.3. Allocation of a substantial portion of their respective annual budgets to assist in or enhance the enforcement of anti-illegal drug activities, giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents; 6.14, In the case of the Barangay, submission of: 6.14.1, — Semestral BPOC Accomplishment Reports to the City/Municipality concerned, following the schedule prescribed by _ the City/Municipal POC, for consolidation in the City/Municipal POPS Plan; and 6.14.2. Monitoring Report on the Organization of a Barangay Anti-Drug Abuse Council, Allocation of a Substantial Portion in the Barangay Budget for Anti-lIlegal Drug Activities, and the Formulation of the Barangay Anti-Drug Plan of Action, to be submitted on or before February 15 of every year. 6.1.5. In the case of the City or Municipality, submission of semestral POC Accomplishment Reports to the City or Municipal POC Secretariat, following the schedule prescribed by the said POC Secretariat, for submission to the Interim NPOC Secretariat through an online monitoring system currently being developed, template of which is included in the POPS Planning Guidebook previously rolled-out to all LGUs; and In the case of the Province, submission of semestral POC Accomplishment Reports to the Provincial POC Secretariat, following the schedule prescribed by the said POC Secretariat, for submission to the Interi NPOC Secretariat through an online monitoring system currently being developed, template of which is included in the POPS Planning Guidebook previously rolled-out to all LGUs. 6.2. All DILG Regional Directors and the ARMM Regional Governor are hereby directed to: 6.2.1. Cause the immediate and widest dissemination of this Memorandum Circular to all local government units within their respective regional jurisdictions; 6.2.2. As Regional POC Secretariat: 6.2.2.1, Ensure the submission of POPS Plans of local government units within their regional jurisdictions; 6.2.2.2. _ Ensure the submission of semestral POC Accomplishment Reports of local governments within their regional jurisdictions, for submission to the Interim NPOC Secretariat through an online monitoring system currently being developed, template of which is included in the POPS Planning Guidebook previously rolled-out to all LGUs, following the prescribed schedule of reporting per DILG MC No. 2015-30, to wit: 62.2.2.ai.1. 1 Semester Reporting- Not later than the 15" day of July 6.2.2.2.ai2. 2M! Semester Reporting- Not later than the 15% day of January of the ensuing year; and 622.3. Submit a narrative report of POC Secretariat Accomplishments to the Interim NPOC Secretariat, indicating significant activities conducted or actions taken, date and venue of the said activities or actions, stakeholders involved, and next steps. The prescribed schedule of submission of POC Secretariat Accomplishment reports per DILG MC No. 2017-64 and DILG MC No. 2015-30 is hereby amended to harmonize with the submission of POC Accomplishment Reports, as follows: agnssesaynootoeot 205 4 7.0 8.0 6.2.2.3ai, 1Semester Reporting: Not later than the 15% day of July 6.2.2.3.ai.2. 2m Semester Reporting- Not later than the 15% day of January of the ensuing year 6.3. For purposes of simplifying local planning and reporting processes, and due to the holistic nature of the POPS Plan and the corresponding POPS monitoring system to be established, the following documents are no longer required by the Interim National Peace and Order Secretariat: 6.3.1, Peace and Order Situation Report, as the PNP is the agency providing real- time spot reports, in case of the occurrence of unexpected POPS concerns, and the POPS Plan also contains a chapter on the general Peace and Order and Public Safety Situation; 6.3.2. Integrated Area/Community Public Safety Plan, as this is already harmonized with the POPS Plan; 6.3.3. Local Anti-Criminality Action Plan, as this is a plan for the PNP; and 6.3.4. Local Anti-Drug Plan of Action, in the case of cities and municipalities, as this is already contained within the POPS Plan. Penal Provisions Non-compliance with this Memorandum Circular may be deemed engaging in acts which negate the effectiveness of the peace and order campaign, hence may be a ground for suspension or withdrawal of the deputation of the local chief executive by the NAPOLCOM, pursuant to Section 65 of R.A. No. 8551. Other sanctions may be imposed as provided by all existing laws relative to the non-performance and non-compliance of any official of the LGU, including the officials of the barangay, in addition to the administrative case that may be filed against them. References 8.1, Sec. 116 of Republic Act No. 7160, or the Local Government Code of 1991 8.2. Sec. 51 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act 8.3. Sec. 65 of Republic Act No. 8551, or the The Philippine National Police Reform and Reorganization Act of 1998 8.4. DILG MC No. 2017-64, re: Compliance to Peace and Order and Anti-Illegal Drug Related Issuances 85. DILG MC No, 2015-130, re: Guidelines on the Functions of the Peace and Order Councils, Barangay Peace and Order Committees and the Peace and Order Council Secretariats 8.6. DILG MC No. 2016-116 re: MASA MASID Program pucoanascon aaron 5 9.0 Repealing Clause All DILG Memorandum Circulars inconsistent herewith in part or in full, are hereby modified, revoked, or repealed accordingly. 10.0 Effectivity This Memorandum Circular shall take effect immediately. 11.0 Approving Authority 12.0 Feedback For related queries, kindly contact the Policy Compliance Monitoring Division of the Bureau of Local Government Supervision at Tel Nos. (02) 928 9181 or (02) 925 0351 or at email address at [email protected]. pcanesconseyoino ms A

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