Presidential Decree No. 482 (PD 482) — 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 an 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 a
conflicts in political/jurisdictional boundaries, lack of coordination
and duplication of functions;
WHEREAS, the constitution of the city/municipal 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 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:
Integration of city/municipal-police and fire departments and jails in certain provinces.
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 law enforcement units to be
known as indicated:
All municipalities of the Province of Bulacan, except the
Municipality of Valenzuela, to be known as the Bulacan Integrated
Police Force;
All municipalities of the Province of Pampanga, including the
City of Angeles, to be known as the Pampanga Integrated Police Force;
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;
All municipalities of the Province of Laguna, including the
City of San Pablo, to be known as the Laguna Integrated Police Force;
All municipalities 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
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.
Head of the Integrated Police Forces.
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 shall be designated by the
Chief of Constabulary from among the officers of the Philippine
Constabulary.
Jurisdiction of the Integrated Police Forces.
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.
Operational control and direction over the Integrated Police Forces.
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.
Extent of control and direction.
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, strategic
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.
Power of administrative control and supervision.
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 Section 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.
Administration control and supervision to be transferred to the Philippine Constabulary.
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 Section 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.
Funding of the Integrated Police Forces.
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.
Funding for integration activities.
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 Section 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 be 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.
No reduction in salary.
SEC. 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.
Chief of Constabulary to promulgate rules and regulations.
SEC. 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.
Penal provision.
SEC. 12. Penal provision.—Any person who
directly or indirectly obstructs or interferes with the implementation
of this Decree or 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 P5,000 pesos nor more than P10,000
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 holding
any public office or employment for life.
Repealing clause.
SEC. 13. Repealing
clause.—The provisions of Republic Act No. 4864, otherwise known as
the "Police Act of 1966", as amended by Presidential 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.
Effectivity.
SEC. 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.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).