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Saturday, June 29, 2002
Guv bristles over Joey Lina’s threat
By Mia E. Abellana
SINCE he heads the commission that oversees the police, Interior and Local Government Secretary Jose Lina should be relieved under the doctrine of command responsibility.
This was how Cebu Gov. Pablo Garcia reacted to the warning Lina gave him, two other governors and one mayor if they fail to stop illegal gambling.
“As secretary of the Department of Interior and Local Government (DILG), he is responsible for the PNP. Under command responsibility, siya’y angay mataktak,” Garcia said.
Lina’s warning to the three governors and one mayor came after seven senior police officials were also relieved for the same reason.
Garcia earlier criticized Lina’s move to relieve the seven officials, including Police Regional Office (PRO) 7 Director Avelino Razon Jr. and Cebu Provincial Police Office (CPPO) Director Jose Antonio Salvacion.
Read Code again
The police officials were ordered relieved last Wednesday after the DILG’s Task Force Jericho reported they were unable to curb illegal gambling in their areas of jurisdiction.
But Garcia explained that the governor, as provided by the Local Government Code, has no operational or supervisory powers over the local police, unlike the city and municipal mayors. (The governor’s view is also consistent with the law that created the PNP.)
Garcia said his only in-volvement in police matters was choosing one out of three officers recommended by Camp Crame to act as police provincial director.
He pointed out that he can only call on the provincial director in cases of rebellion, sedition, riots and other acts of civil disorder.
“Maypa basahon niya og usab ang Local Government Code. Ang-ang naman og ako’y manakop,” Garcia said. (Perhaps Lina should read the Local Government Code again. Does he really expect me to arrest these gambling operators myself?)
Lina, also chairman of the National Police Commission (Napolcom), said that if Garcia—as well as Pampanga Gov. Lito Lapid, Laguna Gov. Teresita Lazaro and Manila Mayor Lito Atienza—cannot satisfactorily explain why they failed to curb jueteng in their areas, they should be ready to face sanctions.
“In the first place, we do not have jueteng here in Cebu,” an irked Garcia told reporters in a press conference yesterday.
No warning
Garcia, a lawyer and former congressman, also said he never received a warning from Lina, nor was he ever asked to explain about illegal gambling activities in the province.
He said Lina even promised to fax him a copy of Task Force Jericho’s report, which was used as basis for the relief of seven senior police officers.
He plans to call up Lina by next week to remind him of these points.
Lina, a former governor himself, said that aside from stripping them of their supervisory powers over respective local police forces, the local government officials may be charged with dereliction of duty before the Office of the Ombudsman.
Garcia admitted he was dismayed by Lina’s statements and that these have demoralized the police officers, whom he earlier commended for their good performance.
Garcia once again called on Lina to give the officers due process, as this has always been required by agencies to make erring personnel explain their side.
He could not explain why Lina singled him and the other local chief executives out.
What law says
Under the law that created the Philippine National Police (Republic Act 6975), governors and mayors are deputized as representatives of the National Police Commission.
A governor has the power to choose the provincial director and is supposed to oversee the provincial public safety plan.
But city or municipal mayors enjoy broader powers over the police, compared to governors.
The same law empowers mayors to exercise “operational supervision and control” over PNP units, except during the election period.
The President, however, can suspend a local exe-cutive’s supervision and control over police units based on any of three grounds.
These are: frequent unauthorized absences, abuse of authority, or providing material support to criminal elements. |
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