Baguio City, Philippines –An ordinance defining the duties, functions, and rules of engagement of the Public Order and Security Division has been approved by Mayor Benjamin Magalong after passing the third and final reading on May 31, 2021.
POSD may have changed its name with its former name Civil Security Division, but no ordinance or resolution has been crafted yet regarding its amendment or its purpose.
POSD, which is under the mayor’s office is tasked to implement laws, ordinances, and executive orders pertaining to public order and safety such as anti-vending, anti-smoking and other vices, anti-mendicancy, anti-peddling, non-wearing of a face mask/shield and non-observance of other health protocols, thus the demand of their services is clearly helpful in maintaining peace and order in the city.
The ordinance’s explanatory note cited that ‘by defining the scope of its powers and functions, it would not only guide the POSD enforcers in exercising its mandate, but also remove any doubts as to the source of its vested power as they were put in a bad light for many occasions.’
Issue on the legality of the creation of POSD
It can be recalled that the legality of the creation of the POSD was questioned by the city council last year as POSD enforcers became subject of news articles as complaints from several Baguio residents regarding their alleged misconduct while performing their duties.
These includes the complaint of concerned individuals against some POSD personnel in charge of securing the night market operations for their alleged involvement in extortion activities, drunkenness, abuses among others that affected the night market’s operation.
Another is the issuance of a citation ticket by POSD enforcers to a blind man accused of violating anti-jaywalking policy which pushed the latter to file charges against POSD enforcers for violation of RA 7277 as amended by RA 9442, RA 10175, (the law granting rights and privileges for Persons With Disability) and Article 353 of The Revised Penal Code (the law against libel).
Rules and undertaking to be followed by POSD enforcers
With the passage of the ordinance, the following rules and undertaking are directed to be performed by POSD enforcers at all times during their activities and operations:
· They shall at all times observe due courtesy and proper respect as befitting public servants of the city government;
· No POSD enforcer shall be allowed to carry firearms or other deadly weapons while on-duty;
· They shall always wear their uniforms and identification cards while on duty, except when conducting buy-bust operations in relation to the Comprehensive Anti-Smoking Ordinance of Baguio City;
· No torture, force, violence, threat, intimidation or any other means which violates the free will of each citizen shall be used against any individual;
· The excessive use of force shall be avoided. Maximum tolerance shall always be observed;
· They shall issue violation ticket and when issuing, it shall be cited in detail the violation committed; and
· Should there be resistance from violator/s when confronted, they shall endeavor to exhaust all possible means to pacify the violator/s involved and acquire assistance from the Baguio City Police Office (BCPO) in the arrest and apprehension of those found to be in possession of weapons, thus, be prohibited from further exacerbating the situation.
Aside from these, it shall also be the duty of the POSD to guide other concerned agencies/offices in the performance of their duties and responsibilities specifically to maintain order and safety within the Baguio City Public Market, the Central Business District, and in other areas where they are deployed as well as to provide support to the barangay government units.
In addition, the POSD shall secure the general public and maintain public order in conjunction with the police and other tasked enforcement offices.
‘The POSD shall confiscate goods, products, wares, as may be necessary, but only after voluntary surrender of the violator/s was unsuccessful” and that the proper remedy in the event that the violator does not voluntarily surrender the goods is to bring the violator along with the products to the office for processing,’ the ordinance further states.
In the confiscation and disposition of goods, POSD enforcers should ensure that they abide with the following procedures:
· The POSD shall maintain records of their confiscated goods, mode of disposition and status, and shall likewise submit monthly and year-end accomplishment reports to the City Mayor and City Treasurer for accounting purposes;
· All confiscated non-perishable products such as RTW goods which are not claimed after five days from the date of confiscation shall be turned over to the City Social Welfare and Development Office (CSWDO) for proper disposition in relation to the existing programs or operations of the city government;
· All unclaimed confiscated perishable goods such as fruits, vegetables, fish, and the like, shall be turned over to the CSWDO within two 2 days from the date of confiscation or earlier, as the case may be, to prevent spoilage; and
· Upon turnover of goods, the CSWDO shall receive and acknowledge the goods and thereafter submit to the City Mayor the list of goods along with the method of disposition.
The ordinance further mandates the accomplishment of the letter of undertaking, a written promise offered as security for the performance of a particular act. Indicated therein are the corresponding sanctions and disciplinary actions that can be charged against an enforcer who may violate any provision of the letter of undertaking.
Meantime, Implementing Rules and Regulations of this Ordinance shall be prepared by POSD under the City Mayor’s Office, the City Legal Office, the Baguio City Market Authority, the Market Division under the City Treasury Office, and the BCPO.
It will then be submitted to the City Mayor for approval and to the City Council for confirmation within 3 months upon approval of ordinance.
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