OFFICE OF THE CHAIRMAN OF THE
BY THE CHAIRMAN OF THE EXECUTIVE COMMISSION
EXECUTIVE ORDER NO. 29
RULES AND REGULATIONS GOVERNING THE ORGANIZATION, POWERS, FUNCTIONS AND DUTIES OF THE CONSTABULARY.
Pursuant to the authority conferred upon me by Order No. 1 of the Commander-in-Chief of the Imperial Japanese Forces in the Philippines in connection with Executive Orders Nos. 1 and 4 of the Chairman of the Executive Commission, and upon the recommendation of the Commissioner of the Interior, the following rules and regulations governing the organization, powers, functions, and duties of the Bureau of Constabulary are hereby promulgated:
1. For the enforcement of law and preservation of peace and order in the Philippines, there shall be established and maintained as herein provided an organized and disciplined body to be known as the Constabulary.
2. The forces of the Constabulary and police, including the police of the City of Greater Manila, shall be incorporated into a single organization, which shall form the Bureau of Constabulary under the administrative supervision of the Commissioner of the Interior.
3. The Bureau of Constabulary shall have one Director, who shall be vested with all the powers conferred generally on Bureau Chiefs, and two Assistant Directors, to be known as First and Second Assistant Director, respectively.
4. In the absence, suspension or other temporary disability of the Director of the Bureau of Constabulary, the First Assistant Director shall serve as Acting Director. The Assistant Directors shall perform such duties as may be assigned to them by the Director or other superior authorities.
5. The Director and Assistant Directors of the Bureau of Constabulary and all officers above the grade of fourth-class inspector shall be appointed and removed for cause by the Chairman of the Executive Commission upon the recommendation of the Commissioner of the Interior. All other officers shall be appointed by the Commissioner of the Interior upon the recommendation of the Director of the Constabulary: Provided, however, That in the case of officers for service in the City of Greater Manila, their appointments or promotions shall he made by the Commissioner of the Interior upon the recommendation of the Mayor of the city through the Director of the Constabulary. The removal and discipline of all officers and men, including those in the service of the City of Greater Manila shall be governed by the provisions of Article VI hereof.
6. The Constabulary shall be under the direct control and command of the Director who is charged with its efficient administration, interior economy and the training and discipline of the members thereof. To this end the Director will see to it that officers and other members of the Constabulary are carefully selected and properly instructed; that they are efficiently organized, disciplined, and adequately provided with arms, munitions, uniforms, and equipment; and that they are in all respects maintained as an effective instrument in the performance of their duties.
7. Members of the Constabulary are peace officers and as such, are authorized and empowered to prevent and suppress brigandage, unlawful assemblies, riots and other breaches of the peace and violations of the law and municipal or city ordinances. They are empowered and required to execute any lawful warrant issued against any person or persons for any violations of law or ordinance, and to make arrests upon reasonable suspicion without warrant for breaches of the peace or other violations of law or ordinance. For the proper police protection of the municipalities and cities within his jurisdiction, the Senior Inspector of Constabulary, subject to the approval of the Director, shall detail in each municipality, city, or municipal district, adequate personnel under his command. Persons arrested by the Constabulary shall, in all cases, be brought as soon as possible to the proper authority or tribunal having jurisdiction of the ease.
8. The Director of the Constabulary shall, subject to the approval of the Department Head, prepare and promulgate general rules and regulations for the government, discipline, and inspection of ail units composing it.
9. The Provincial Governor, through the Senior Inspector, shall exercise general supervision and control over the Constabulary in his province. It shall be the duty of the Provincial Governor, when an officer or any member of the Constabulary is, in his judgment guilty of any official oppression, extortion, or other dereliction of duty, to report the matter in detail, through the Director of the Constabulary, to the Commissioner of the Interior.
10. The units of the Constabulary in the service of the City of Greater Manila, shall perform their duties and functions under the authority of the Mayor thereof who shall have concurrent administrative supervision over said units.
11 There shall be four divisions in the Bureau of Constabulary; namely, (a) Executive, (b) Supply, (c) Inspector, and (d) Information.
12 (a) The Head of the Executive Division shall be designated Executive Officer. He shall be the custodian of the records of the Bureau of Constabulary and lie shall be responsible for the procurement of the personnel thereof. He shall see to it that all orders, rules, and regulations issued by the Director are properly executed and duly complied with.
(b) The Executive Officer signs all correspondence and orders issued by authority of the Director and performs such other duties as may be required of him.
13. The Head of the Supply Division shall be charged with the duty of procuring supplies, equipment, armament, articles of clothing, and such other materials as may be needed for the proper administration and functioning of the Bureau of Constabulary. He shall prepare the budget for the Bureau and shall be the custodian of all government property and funds pertaining to the organization and shall safeguard the correct and legal disbursements thereof.
14. (a) The Inspector Division shall consist of a Chief Inspector and such number of Inspectors as may be detailed by the Director.
(b) The Chief Inspector shall be responsible to the Director for the discipline and training of the Constabulary. He is also charged with the duty of exercising close supervision over all matters pertaining to the efficiency of the Constabulary companies or units; and shall recommend such measures to the Director of Constabulary as will secure maximum efficiency from all units or members thereof.
(c) Under the direction of the Director of the Constabulary, he shall have all charges against any member promptly investigated, forwarding the report of such investigation, together with his recommendation to the Director of the Constabulary, who shall decide the case. The decision of the Director of the Constabulary may be appealed to the Commissioner of the Interior whose decision shall, except as to officers appointed by the Chair man of the Executive Commission, be final.
15. The Head of the Information Division shall be charged with the duty of gathering information bearing on law and order and of keeping the records of all criminal cases and of all criminals including Pooled, pardoned, and ex-convicts. He shall gather evidence pertinent to all crimes committed and furnish the same to the prosecuting agency of the Government.
16. The necessary personnel of each division shall be fixed by the Director of the Constabulary with the approval of the Comissioner of the Interior.
17. In each province there shall be a Senior Inspector; in the City of Greater Manila it shall be the Metropolitan Constabulary Commander, who shall be responsible for the training, discipline and efficiency of the Constabulary units and men under his command. He shall be assisted by such officers as may be assigned to his province by the Director of the Constabulary.
18. The forces of the Constabulary shall be organized into companies or smaller units. The strength of each company as well as the strength to be assigned to each province and the City of Greater Manila shall be determined from time to time by the Director with the approval of the Commissioner of the Interior. Companies will be numbered serially upon organization as the First Company, the Second Company, etc.
19. All non-commissioned personnel shall be quartered together and furnished subsistence, and shall be regularly stationed in provincial capitals, or other convenient places in the province. The Senior Inspector or the Metropolitan Constabulary Commander may, however, authorize them to receive cash ration when on patrol duty, escorting prisoners, or on special detail elsewhere.
20. Appointments in the Constabulary in the grades of patrolman, corporal, sergeant and first sergeant shall be made by the Director of the Constabulary. Any Filipino citizen of good moral character, physically sound, not less than 21 years of age, without criminal record, at least 5 feet 2 inches tall, and possessed of such educational attainment as may be prescribed by the Director, shall be qualified for appointment in the Constabulary. Applicants under 21 years, but not less than IS years of age may be appointed with the consent of his father, mother or guardian.
21. The arms of the Constabulary shall be as prescribed by the Commissioner of the Interior.
22. The funds for the expenses of the Bureau of Constabulary in the provinces shall be advanced to the Senior Inspector. On the 15th and the last day of every month, he shall pay the salary of all the members of the Bureau of Constabulary stationed in his province. He shall also pay all expenses which have been incurred in connection with the discharge of the functions and the administration of the Bureau of Constabulary in his province.
23. The Senior Inspector, or Metropolitan Constabulary Commander, shall advance to each company or detachment commander the necessary funds to subsist the men of his command during the month. The company or detachment commander shall keep an account book showing the credits and debits properly supported by receipts and vouchers.
24. The Senior Inspector, except the Metropolitan Constabulary Commander, shall submit his abstract of expenditures to the Chief Supply Officer at the end of every month.
25. The number, pay and allowances of the officers and men of the Constabulary shall be fixed by the Chairman of the Executive Commission upon the recommendation of the Commissioner of the Interior. The cost of maintenance of Constabulary units in the service of the City of Greater Manila shall be borne by that city: Provided, however, That the pay and allowances of the officers and men of said units shall be fixed by the Chairman of the Executive Commission, upon the recommendation of the Mayor of the City of Greater Manila approved by the Commissioner of the Interior. The cost of maintenance of Constabulary units in the service of the provinces, other chartered cities and municipalities shall be borne by the Central Administrative Organization: Provided, however, That each province, city and municipality shall contribute to the Central Administrative Organization, for Constabulary purposes, a sum not to exceed the amount heretofore spent by said province, city or municipality for the maintenance of their respective police forces, as may be determined by the Commissioner of the Interior.
26. The commissioned personnel shall be known and designated as first-class inspectors, second-class inspectors, third-class inspectors, fourth-class inspectors, and fifth-class inspectors.
27. The noncommissioned personnel shall be known and designated as first sergeant, sergeant, corporal, and patrolman.
28. The insignia of the corps and of the different ranks of the service shall be of the prescribed designs and patterns deposited with the Chief Supply Officer.
29. The articles of uniform both for commissioned and noncommissioned personnel of the Constabulary shall be of the kind and patterns to be prescribed by the Commissioner of the Interior.
30. (a) For inefficiency, misconduct, neglect of duty, violation of regulations, or any other offense against good order and discipline, and after due hearing, the Director of the Constabulary may, in the interest of public service and with the prior approval of the Commissioner of the Interior or the Chairman of the Executive Commission, in the case of officers appointed by the Commissioner of the Interior or the Chairman of the Commission, as the case may be, fine in an amount not exceeding one month’s salary, suspend without pay for a period not exceeding two months, reduce in rank, or remove, as the case may require, any member of the Constabulary appointed by him or under his authority.
(b) When a member of the Constabulary has been convicted of a crime by a court of competent jurisdiction, other than a Constabulary summary court, the Director may order his discharge from the service.
31. The Director of the Constabulary is authorized to designate an officer in each Constabulary post or command as summary court before whom offenders of sundry offenses shall be brought to trial. Such officer shall have authority to administer oaths and to hear and decide all such cases taken before him.
32. Any member of the Constabulary who willfully or through neglect, wastes or loses arms, ammunition, clothing, or accoutrements; or behaves himself with disrespect toward his superior officers; or lies out of his quarters or camp or otherwise absents himself therefrom, or from his guard or other command, without leave from his superior officer; or fails, except when prevented by sickness or other unavoidable cause, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous appointed by his superior officers; or goes from the same before he is dismissed or relieved; or is found one mile from his quarters or camp without leave in writing from his superior officers; or fails to retire to his quarters or tent at retreat; or hires another to do his duty for him; or is found drunk on guard, party, or other duty; or is guilty of any offense, disorder, or neglect to the prejudice of good order and discipline, not hereinbefore mentioned, shall be punished as a Constabulary summary court shall direct, subject to the provisions and limitations hereinafter contained.
33. Persons triable before a summary court shall, if in confinement, be brought to trial within twenty-four hours after the time of their arrest, or as soon thereafter as practicable.
34. The punishment imposed by a summary court shall not exceed confinement at labor for one month and forfeiture of one month’s pay for the first conviction and confinement at labor for two months and forfeiture of two month’s pay for the second conviction within six months.
35. When the accused is a noncommissioned officer, he may be sentenced to reduction to the grade of patrolman in addition thereto, and when the accused has been convicted by summary court three times within a year he may be sentenced to be dishonorably discharged.
36. No sentence adjudged by a summary court against any other member of the service shall take effect until it has been approved by the Director of the Constabulary or by the senior inspector as the case may be. Where a senior inspector is acting as the summary court, the sentence shall be approved by the Director.
37. The Director of the Constabulary, the senior inspector, or other superior officer may arrest and confine in his quarters any subordinate officer of his command charged with crime or with conduct unbecoming a gentleman, or to the prejudice of good order and discipline, for not exceeding ten days pending investigation of the charge and action thereon. In case of an officer or noncommissioned officer of the Constabulary charged with crime shall be arrested and confined until delivered to the court having jurisdiction over the offense for trial, or if necessary he may be committed to the proper provincial jail for safekeeping.
38 The examination, appointment, promotion, and removal of members of the commissioned and noncommissioned service of the Constabulary, the filling of vacancies therein, and the general discipline of members of said service shall be governed by the provisions hereof and shall not be subject to the Civil Service Rules and Regulations, but no person shall be permanently appointed to the commissioned service of the Constabulary until after or unless he has had thorough training adequate to the grade or rank to which he will be assigned, in an authorized school or institution conducted for this purpose.
Done in the City of Greater Manila, Philippines, this 8th day of April, 1942.
(Sgd.) JORGE B. VARGAS
Chairman of the Executive Commission
APPROVED by the Director-General of the Military Administration on May 4, 1942.
Source: Office of the Solicitor General Library