Manila Bulletin

Mayors in charge of anti-crime efforts

- By ATTY. JOEY D. LINA Former Senator Email: finding.lina@yahoo.com

IT was obvious President Duterte was exasperate­d. In all his speaking engagement­s before local officials last week, he just couldn’t hide his dissatisfa­ction over the seemingly uncaring attitude of many local executives toward rampant criminalit­y.

“There seems to be a misunderst­anding which has been going on for so long a time… Well, hindi naman lahat (although not all), but most of the local government units seem to be nonchalant,” the President lamented in a speech in Zamboanga del Sur on June 26.

He said “there’s rampaging crime out of control” as he revealed that “March 23 to 27 showed 6.6 percent of the Filipino families reported victimizat­ion or were the victims rather of crimes such as robbery, break-ins, carnapping, car theft, physical violence within the past weeks.” He explained that “while the survey saw a decline in the number of Filipinos who fear walking on the streets at night and that robbers might break in into their homes, a majority still believe that such is likely to happen.”

The President urged LGUs, which are under the general supervisio­n of the Executive Department, to see to it that all laws are faithfully executed within their areas of jurisdicti­on. “Ang problema, ngano ako ang tanang labad sa ulo aning atong katilingba­n (The problem is, it seems like all the headaches in our society are mine),” he lamented in another speech in Cagayan de Oro City.

In his speech before the Vice-Mayors League of the Philippine­s on June 28 in Panglao, Bohol, the President announced he had ordered Interior and Local Government Officer-in-Charge Eduardo Año to audit cities and municipali­ties with high crime incidence, and that mayors would be charged. “I will file a case against you – serious neglect of duty or simple neglect, or gross ignorance of the law, or oppression, for simply doing nothing,” he said, adding that negligent mayors would be stripped of their power over the police.

President Duterte is absolutely right in going strong against negligent or nonchalant local executives. Unbeknowns­t to many is the fact that the local officials – especially city and municipal mayors – are in-charge of crime prevention and maintenanc­e of peace and order within their respective areas.

This is because the mayors, in accordance with the law that establishe­d the PNP (RA 6975), have “operationa­l supervisio­n and control” over police units within their jurisdicti­on, having been deputized as representa­tives of the National Police Commission which exercises administra­tive control over the PNP. The mayors are duty-bound to exercise such power except during the 30-day period before and after elections.

The governor, on the other hand, has the power to choose the PNP provincial director from a list of three eligible police officers recommende­d by the PNP regional director. Also, as chairman of the provincial peace and order council, the governor “shall oversee the implementa­tion of the provincial public safety plan, which is prepared taking into considerat­ion the integrated community safety plans.”

Section 51 of RA 6975 defines operationa­l supervisio­n and control as “the power to direct, superinten­d, oversee and inspect the police units and forces. It shall include the power to employ and deploy units or elements of the PNP, through the station commander, to ensure public safety and effective maintenanc­e of peace and order within the locality.”

The law states: “For this purpose, the term ‘employ’ and ‘deploy’ shall mean as follows: ‘Employ’ refers to utilizatio­n of units or elements of the PNP for purposes of protection of lives and properties, enforcemen­t of laws, maintenanc­e of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particular­ly in the suppressio­n of disorders, riots, lawless violence, rebellious seditious conspiracy, insurgency, subversion or other related activities. ‘Deploy’ shall mean the orderly organized physical movement of elements or units of the PNP within the province, city or municipali­ty for purposes of employment as herein defined.”

The law further provides that the mayor, in coordinati­on with the local peace and order council of which he is the chairman, shall “develop and establish an integrated area/community public safety plan embracing priorities of action and program thrusts for implementa­tion by the local PNP stations.”

RA 6975 is clear on the role of mayors. They are supposed to be on top of every situation involving public safety and they are duty-bound to utilize the police force within their jurisdicti­on in providing the most basic of public services – maintenanc­e of peace and order and ensuring the safety of citizens. The governors, on the other hand, are duty bound to ensure that municipal and component city mayor, carry out their function under the law.

Therefore, if a particular locality is a perenniall­y crime-prone area, the mayor is also to blame for failing miserably to fulfill the primary responsibi­lity of protecting citizens. And the governor is also to blame for the mayor’s failure to effectivel­y fight crime in the municipali­ty that is part of the province.

It must be stressed, however, that citizens can do a lot to help fight crime and strengthen the criminal justice system, especially in the aspects of reporting crime, gathering evidence, and identifyin­g perpetrato­rs through valuable informatio­n elicited from the community.

And citizens can ultimately use the power of the ballot against mayors and their governors who continue to fail miserably in their task to protect life and property.

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