Professional Documents
Culture Documents
call
for
a
ceasefirel;
the
firefight
continued
and
the
containment
or
blocking
force
was
pinned
down
in
an
open
field,
he
said.
2.
WHO
KNEW
ABOUT
OPERATION
WOLVERINE?
The
head
of
SAF,
Police
Director
Getulio
Napeas,
admitted
that
he
did
not
coordinate
with
the
military
and
the
MILF
before
launching
Oplan
Wolverine
o
It
was
a
command
decision
and
we
had
been
working
on
it
for
a
long
time
and
as
a
commander,
I
decided
that
it
was
best
not
to
inform
other
units
in
the
police
and
the
Armed
Forces
of
the
Philippines
about
the
plan
of
initiating
the
actual
assault.
It
was
a
judgment
call
and
I
take
full
responsibility,
o We
worked
hard
on
this
and
we
couldnt
allow
our
work
to
go
to
waste
by
informing
the
MILF.
We
dont
trust
the
MILF,
he
said.
o President
Aquino
said
he
instructed
SAF
Police
Director
Getulio
Napeas
to
coordinate
with
the
concerned
groups.
But
the
later
did
not
do
so.
Napenas
said
he
made
a
call
to
one
of
his
superiors,
OIC
PNP
Chief
Deputy
Director
General
Leonardo
Espina,
only
through
a
text
message
at
5:00am
of
Jan.
25,
several
hours
after
jump-off
o I
informed
him
that
the
operation
against
Marwan
was
under
way.
We
were
already
there
and
the
troops
were
already
deployed,
he
said.
NAPENAS
DID
NOT
INFORM
AND
REPORT
TO
SEC.
MAR
ROXAS
o He
admitted
that
he
could
not
go
directly
and
report
to
Interior
Secretary
Mar
Roxas,
who
has
supervision
over
the
PNP,
because
Espina
came
first
in
the
chain
of
command.
o He
explained
that
under
police
operational
procedures,
a
commander
should
inform
his
superior
about
a
mission
before
or
during
the
operation.
o He
said
the
secrecy
about
the
operation
was
deliberate
and
recommended
by
intelligence
operatives
on
the
ground.
o Sec.
Roxas
during
the
meeting
with
Napenas
said:
I
am
the
SILG
but
I
was
not
aware
of
this
operation
that
involved
400
policemen,
o Sec.
Roxas
to
SAF
personnel:
They
did
not
tell
me
about
this
Im
not
saying
I
would
have
known
better
but
I
also
cant
help
feeling
I
was
not
given
a
chance
to
ensure
there
was
better
coordination,
INVOLVEMENT
OF
SUSPENDED
PNP
CHIEF
PURISIMA
o Chief
Supt.
Getulio
Napeas
also
admitted
during
a
closed-door
meeting
with
senior
police
officials
in
Cotabato
City
on
Monday
that
suspended
Philippine
National
Police
Director
General
Alan
Purisima
directed
the
operation
that
involved
392
SAF
troopers.
o A
former
SAF
commander,
who
asked
not
to
be
named
due
to
the
sensitivity
of
the
issue,
said
the
animosity
between
Purisima
and
Roxas
was
to
blame
for
what
could
be
the
worst
debacle
in
the
history
of
the
police
commando
unit.
o The
source
also
claimed
that
Purisima
directed
the
botched
police
operation
by
remote
control
from
his
office
at
Camp
Crame,
the
PNP
national
headquarters
in
Quezon
City.
o Purisima
had
long
suspected
that
Roxas
was
behind
his
suspension.
He
kept
the
intelligence
report
about
Marwan
to
himself
because
he
wanted
all
the
accolade
if
the
operation
would
be
successful,
the
source
said.
3.
ORGANIZATIONAL
STRUCTURE
OF
THE
DILG,
NAPOLCOM,
PNP,
SAF
COMPOSITION
OF
DILG
o Section
6
of
RA
6975
(DILG
Act
of
1990)
The
Department
shall
consist
of
the
Department
Proper,
the
existing
bureaus
and
offices
of
the
Department
of
Local
Government,
the
National
Police
Commission,
the
Philippine
Public
Safety
College,
and
the
following
bureaus:
the
Philippine
National
Police,
the
Bureau
of
Fire
Protection,
and
the
Bureau
of
Jail
Management
and
Penology.
SECRETARY
OF
DILG
AS
EX-OFFICIO
CHAIRMAN
OF
NAPOLCOM
o Section
8
of
RA
6975
The
head
of
the
Department.
The
head
of
the
Department,
hereinafter
referred
to
as
the
Secretary,
shall
also
be
the
ex-officio
Chairman
of
the
National
Police
Commission
RELATIONSHIP
OF
DILG
AND
NAPOLCOM
o Section
4
of
RA
8551
(PNP
Reorganization
Act
of
1998)
-
The
Commission
shall
be
an
agency
attached
to
the
Department
for
policy
and
program
coordination.
[Org. Structure of DILG from DILG Website] THERE IS ONLY A COORDINATION LINE BETWEEN DILG AND NAPOLCOM
POWERS
OF
NAPOLCOM
o SEC.
14
of
RA
855.
The
Commission
shall
exercise
the
following
powers
and
functions:
"(a)
Exercise
administrative
control
and
operational
supervision
over
the
Philippine
National
Police
which
shall
mean
the
power
to:
"1)
Develop
policies
and
promulgate
a
police
manual
prescribing
rules
and
regulations
for
efficient
organization,
administration,
and
operation,
including
criteria
for
manpower
allocation,
distribution
and
deployment
"2)
Examine
and
audit,
and
thereafter
establish
the
standards
for
such
purposes
on
a
continuing
basis,
the
performance,
activities,
and
facilities
of
all
police
agencies
throughout
the
country;
XXX
"4)
Conduct
an
annual
self-report
survey
and
compile
statistical
data
for
the
accurate
assessment
of
the
crime
situation
and
the
proper
evaluation
of
the
efficiency
and
effectiveness
of
all
police
units
in
the
country;
XXX
"10)
Inspect
and
assess
the
compliance
of
the
PNP
on
the
established
criteria
for
manpower
allocation,
distribution,
and
deployment
and
their
impact
on
the
community
and
the
crime
situation,
and
thereafter
formulate
appropriate
guidelines
for
maximization
of
resources
and
effective
utilization
of
the
PNP
personnel;
"11)
Monitor
the
performance
of
the
local
chief
executives
as
deputies
of
the
Commission;
and
"12)
Monitor
and
investigate
police
anomalies
and
irregularities.
prescribed
by
the
Commission.
The
Chief
of
the
PNP
shall
also
have
the
power
to
issue
detailed
implementing
policies
and
instructions
regarding
personnel,
funds,
properties,
records,
correspondence
and
such
other
matters
as
may
be
necessary
to
effectivity
carry
out
the
functions,
powers
and
duties
of
the
Bureau
[Org.
Structure
of
PNP
from
PNP
Website]
THE
SPECIAL
ACTIOB
FORCE
(SAF)
IS
A
SUPPORT
UNIT
UNDER
THE
PNP
o Section
35
of
RA
6975:
Support
Units
-
The
operational
support
units
shall
be
composed
of
the
Maritime
Police
Unit,
Police
Intelligence
Unit,
Police
Security
Unit,
Criminal
Investigation
Unit,
Special
Action
Force
o Section
35
of
RA
6975:
Special
Action
Force.
Headed
by
a
Director
with
the
rank
of
chief
superintendent,
the
Special
Action
Force
shall
function
as
a
mobile
strike
force
or
reaction
unit
to
augment
regional,
provincial,
municipal
and
city
police
forces
for
civil
disturbance
control,
counterinsurgency,
hostage-taking
rescue
operations,
and
other
special
operations.
4.
WHAT
THE
LAW
SAYS
ABOUT
COMMAND
RESPONSIBILITY
ADMINISTRATIVE
CODE:
EO
292,
Chapter
9,
Sec.
38
o SECTION
38.
Liability
of
Superior
Officers
(1)
A
public
officer
shall
not
be
civilly
liable
for
acts
done
in
the
performance
of
his
official
duties,
unless
there
is
a
clear
showing
of
bad
faith,
malice
or
gross
negligence.
(2)
Any
public
officer
who,
without
just
cause,
neglects
to
perform
a
duty
within
a
period
fixed
by
law
or
regulation,
or
within
a
reasonable
period
if
none
is
fixed,
shall
be
liable
for
damages
to
the
private
party
concerned
without
prejudice
to
such
other
liability
as
may
be
prescribed
by
law.
(3)
A
head
of
a
department
or
a
superior
officer
shall
not
be
civilly
liable
for
the
wrongful
acts,
omissions
of
duty,
negligence,
or
misfeasance
of
his
subordinates,
unless
he
has
actually
authorized
by
written
order
the
specific
act
or
misconduct
complained
of.
EO
226,
Sec.
1
and
Sec.
2
(INSTITUTIONALIZATION
OF
THE
DOCTRINE
OF
"COMMAND
RESPONSIBILITY"
IN
ALL
GOVERNMENT
OFFICES,
PARTICULARLY
AT
ALL
LEVELS
OF
COMMAND
IN
THE
PHILIPPINE
NATIONAL
POLICE
AND
OTHER
LAW
ENFORCEMENT
AGENCIES)
o Sec.
1.
Neglect
of
Duty
Under
the
Doctrine
of
"Command
Responsibility".
-
Any
government
official
or
supervisor,
or
officer
of
the
Philippine
National
Police
or
that
of
any
other
law
enforcement
agency
shall
be
held
accountable
for
"Neglect
of
Duty"
under
the
doctrine
of
"command
responsibility"
if
he
has
knowledge
that
a
crime
or
offense
shall
be
committed,
is
being
committed,
or
has
been
committed
by
his
subordinates,
or
by
others
within
his
area
of
responsibility
and,
despite
such
knowledge,
he
did
not
take
preventive
or
corrective
action
either
before,
during,
or
immediately
after
its
commission.
o Sec.
2.
Presumption
of
Knowledge.
-
A
government
official
or
supervisor,
or
PNP
commander,
is
presumed
to
have
knowledge
of
the
commission
of
irregularities
or
criminal
offenses
in
any
of
the
following
circumstances:
a.
When
the
irregularities
or
illegal
acts
are
widespread
within
his
area
of
jurisdiction;
b.
When
the
irregularities
or
illegal
acts
have
been
repeatedly
or
regularly
committed
within
his
area
of
responsibility;
or
c.
When
members
of
his
immediate
staff
or
office
personnel
are
involved.