Loi 21 - 08 Patnubay Ii

PART I
DISPOSITION OF ADMINISTRATIVE CASES
Dispensation of discipline is generally governed by LOI PATNUBAY II which

amended its precursors COMPLAN PAGBABAGO and LOI PATNUBAY. While its recursors
were limited in scope, LOI PATNUBAY II is more comprehensive and has four aspects
pertaining to discipline. Its overall concept are as follows:
SUBJECT : (LOI 21/08 (PATNUBAY II)
TO : See Distribution
1. REFERENCES:
a. DILG Memorandum Circular No. 93-02 dated August 2,1993;

b. DILG Comprehensive Reform Plan 1993 (COMPLAN "PAGBABAGO");
c. LOIs PAGBABAGO I, II and III; and
d. LOI PATNUBAY.
2. SITUATION:
Despite modest gains in the field of law enforcement, the PNP is still suffering
from credibility problems. Far from the God fearing, humane, dependable, approachable
and presentable "Mamang Pulis", cops are still pictured as inept, corrupt or involved in
crimes and other shenanigans. In a proposed bill, a senator even described the PNP as,
mired in "deep rooted institutional deficiencies and suffers from a widely held and
accurate public perception that it is corrupt." Rightly or wrongly, such perception
persists because, undeniably, there are still a few defiant icops who refuse to toe the
line of transformation in the PNP. If the estimated one thousand seven hundred seventy
five (1,775) administrative cases were a gauge, these few defiant cops comprise about a
maximum of one and a half percent (1.5%)
of the whole PNP population. While this number is not yet alarming, it is a cause of
concern because administrative cases are piling up as soon as previous ones are
resolved. No sooner had LOI PATNUBAY cut this hydra of a problem than another one
cropped up in its place. Considering that cops are overworked, under equipped and
underpaid, this phenomenon is not surprising. Even so, this must be addressed with
dispatch inasmuch as the task of cleaning up the PNP ranks is a continuing concern, if
each member of the PNP is to completely transform himself/herself from the much
maligned police officer to the embodiment of "Mamang Pulis” this concern must be
reduced to an inconsequential level.
3. MISSION:
The PNP shall conduct strategic intervention to clean up the ranks and rid itself
of all defiant cops who refuse to toe the line of transformation. The PNP consistent with
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the Integrated Transformation Program shall also propagate advocacy on the image of
a God fearing, humane, dependable, approachable and presentable "Mamang Pulis".
4. EXECUTION:
a. Concept of Operations:
In accordance with the Integrated Transformation Program, a Task Force shall

be created to conduct strategic intervention to weed out defiant cops. Strategic
intervention shall not be limited to punitive measures alone but must have three
aspects. The first aspect, which is the Prevention Aspect, deals with the formulation of
preemptive measures designed to lessen incidents of misdemeanors by eliminating or
mitigating the causes that breed them. The second aspect, or the Investigation and
adjudication Aspect, tackles the procedures in the disposition of complaints and
prosecution of administrative cases. Lastly, the Rehabilitation Aspect of intervention
aims to inspire cops with a new vision and outlook on the police profession. They must
be imbued with a new sense of responsibility and commitment to police work such as
that possessed by "Mamang F'uiis". Culling across and embracing all aspects of the
strategic intervention is Information and Advocacy. Faith in the capability of the PNP to
transform itself must be translated into an advocacy not only to transform the much
maligned policeman to the embodiment of "Mamang Pulis" but also to inform the public
that there is such a transformation taking place, (see Conceptual Framework-Annex
"A").
1) Prevention Aspect
a) All PNP offices/units shall be periodically IAS and inspecting groups from the
NHQ, PROs, PPOs to check appearance of police officers and monitor the status of their
morale and readiness.
b) All PNP offices/units shall create or activate their own version of TXT 2920,
"Isumbong mo kay Tsip", Anti-Kotong Text, and similar- reporting systems to serve as
watchdog or check and balance mechanism against erring PNP personnel' and act with
dispatch on reports reaching their office:?.
c) All PNP offices/units shall maintain a watch list of PNP personnel with
derogatory information or suspected to be involved in crimes and other nefarious
activities.
d) All PNP offices/units shall conduct a three (3)-day mandatory Human Rights
Seminar which shall include in its Program of Instruction Human Rights Violations which
maybe committed by PNP personnel found in
NAPOLCOM Memorandum Circular 2007-001.
e) All PNP offices/units shall conduct a three (3)-day Self Check Seminar for
Combating Corruption which was conceived jointly by the PNP and Ombudsman to be
attended by all personnel of every unit from the highest ranking PCO down to the lowest
PNCO and NUP.
f) All PNP offices/units shall devise a transparent system of reshuffling personnel
to avoid too much familiarization with the populace and prevent corruption. Also, as a
matter of policy, non-key personnel shall not be assigned in a hardship post for more
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than three (3) years unless there are compelling reasons. For officers holding key
positions, they shall not be assigned in a position for more than their maximum tenure.
g) Formulation of a meaningful and cost affordable housing program for PNP
personnel.
h) Development of a system of monetary and or other kinds of tangible rewards
for good behavior and heroic conduct.
i) Development of a system of competition whereby an officer or a unit with the
least number of erring personnel in proportion to its strength gets credit.
2) Investigation and prosecution aspect
a) Resolution of all backlog pending administrative cases nationwide within three

(3) months. This includes all cases with actual formal charge from January of 2008 and
backwards to CY 2007 which is about one thousand seven hundred seventy-five (1,775).
b) Ensure the constant application of the basic procedures laid down by law,
rules and regulations such as Section 52 and Section 53 of RA 8551 in relation to
NAPOLCOM Memorandum Circular No. 2007-001.
c) Conduct Seminars on Summary Hearing Procedures and Awareness on the
PNP Disciplinary Machinery including the PLEB and OMBUDSMAN.
d) institutionalize the following procedures for acting on complaints:
(1) All complaints like TXT 2920, "Isumbong mo kay tsip", Anti-Kotong
Text, E-mail and others whether written, or sent through text messages shall be
received by the Complaint Receipt Task Group composed of the C.PNP Complaint Office,
CRAC, PCRG and DPRM or its equivalent in the PROs and NSUs which shall dispose the
complaints as follows free Annex "B" for diagram):
(a) If there is no verifiable data except the text message or complaint itself, the
complaint shall be referred to 01 or IG and their equivalent in the PROs if the complaint
emanated from the region for validation and case build-up.
(b) If there is verifiable data but no sworn statement, or any document
supporting the complaint, the complaint shall be referred to CIDG and Dl for
investigation and validation, respectively, which should fact on the complaint in
coordination with each other.
(c) If the complaint is supported by affidavits/sworn statements or documents,
the complaint shall be referred to the DIDM, RIDMD, : Investigation Section of PPOs,
CPOs, MPS, RIAS, IAS, as the case may be, which shall conduct pre-charge evaluation in
accordance with NAPOLCOM Memorandum Circular No. 2007-001.
(d) After Pre-Charge Evaluation by the DIDM, RIDMD or its equivalent in the
NSUs, Investigation Section of PPOs, CPOs and MPOs, as the case may be, the findings
shall be referred to the concerned disciplinary authority either for dropping of the case,
when no probable cause is found or filing of a formal charge when there is probable
cause. If there is a formal charge, the case becomes a pending case which must be
resolved within sixty (60) days from referral to the Summary Hearing Officer (SHO).
(e) All backlog pending administrative cases shall be resolved upon the
submission of the pool of Summary Hearing Officers by the Summary Hearing Task
Group (SH'TG) as designated in this LOI.
(f) After hearing, the SHO shall render a
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resolution of the case for automatic review by the LS or RI-S, as the case may be, and
subsequent approval and disapproval by concerned disciplinary authority. After
implementation, the case shall be archived at the RMD, DPRM for future reference.
(2) If upon evaluation of the anonymous written or SMS complaint by the
Complaint Receipt Task Group, the information or complaint appears to be just a
grievance or request for assistance, the same shall be referred to concerned office or
agency for action in accordance with Section 3, C, Rule 13 of NAPOLCOM Memorandum
Circular No. 2007-001.
(3) A respondent PNP member shall not be
reassigned or transferred to another city/municipal police station or unit during the
pendency of the case, unless the concerned disciplinary authority or IAS certifies that
the presence of the respondent is no longer necessary; violates this provision shall be
administratively liable for performance of duty.
(4) The Administrative/Personnel office or a unit shall compile and keep a
complete record of the record of residential addresses of all the PNP uniformed
personnel assigned within area of responsibility including sketches of their actual
location.
(5) Disciplinary authorities anal Summary Hearing Officers shall adhere to the
administrative procedures as provided in NAPOLCOM Memorandum Circular No. 2007-
001 and other issuances.
3) Rehabilitation Aspect
a) All personnel who were demoted including those suspended, and meted with
the minimum penalty for grave misconduct of from sixty (60) days to six (6) months
suspension shall be sent to the PNP Values Formation School (VFS). The program shall
include removal of the stigma of participation personnel.
b) There must be a Guidance Counseling Office (GCO) at the NHQ, PRO and NSU
levels to help PNP personnel cope up with personal crises in life and work related stress.
c) A year long moral, soul and conscience searching spiritual maturity
enhancement programs must be developed a the NHQ, PRO, and NSU levels.
d) Participation of personnel in moral and spiritual renewal programs outside of PNP and
during off hours must be encouraged.
4) Information and Advocacy

The three (3) aspects of the LOI shall strengthened by a "MamangPulis"
advocacy.
b) Tasks:
1) Directorate for Personnel and Records Mananagement (DPRM)

a) Receive complaints and refer them to the DI/IG for validation, CIDG for
investigation, or DIDM for Pre Charge Evaluation or UAS and SHO for summary hearing.
b) Perform other tasks on orders.
2) Directorate for Investigation and Detective management (DIDM)
a) Conduct pre-charge evaluation against erring personnel in accordance with
PNP and NAPOLCOM Memorandum Circulars No. 2007-001.
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b) May conduct pre-charge evaluation against erring personnel whose case/s are
directly filed before the DIDM.
c) Recommend other appropriate actions such as issuances of preventive
suspension or filing of criminal cases in court.
d) Perform other tasks on orders.
3) Directorate for Intelligence (Dl) / Intelligence Group (IG)
a) Validate all derogatory reports or allegations against personnel.
b) Collate all derogatory reports of undesirable elements and maintain a watch
list of misguided/undesirable personnel in the PNP.
c) Conduct case build-up on derogatory : reports or complaints and refer
validation results to DIDM or concerned Regional and NSU Task Forces for appropriate
action.
d) Conduct counter intelligence operations against personnel suspected to be
involved in crimes.
e) Perform other tasks on orders.
4) Directorate for Operations (DO)
a) Provide assistance/support to TF Patnubay in respective areas of expertise.

b) Provide support to specific tasks assigned to various Task Groups.
c) Perform other tasks on orders or as necessary.
5) Directorate for Logistics (DL)

a) Provide assistance/support to TF Patnubay in respective areas of expertise.
b) Provide support to specific tasks assigned to various Task Groups.
6) Directorate for Comptrollership (DC)

a) Provide funds to support this LOI.
7) Directorate for Police and Community relations (DPCR)

a) Conduct continuing Advocacy s activities on the "Mamang Pulis" Program of
the PNP.
8) Directorate for Human Resource and Doctrine Development (DHRDD)

a) Establish a school for values for nation.
b) Develop a year long moral and spiritual maturity enhancement program.
c) Perform other tasks on orders.
9) Internal affairs Service (IAS)

a) Conduct hearings/summary dismissal proceedings.
b) Monitor progress of cases by maintaining a docket book and data base of
cases.
c) Codify jurisprudence on PNP administrative cases for reference.
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10) Health Service (HS)
a) Establish a guidance counseling office.
b) Perform other tasks as directed.
11) Chaplain Service (CHS)

a) Conduct year long program on moral and spiritual maturity enhancement and
spiritual enlightenment.
b) Perform other tasks as directed.
12) Legal Service (LS)

a) Study legal issues and/or obstacles, which may hinder the implementation of
this LOI, and defend PNP actions in court or administrative
bodies. I
b) Review all resolutions rendered by Summary Hearing Officers.
c) Act on motions for reconsideration filed by respondents against decisions of
Disciplinary Authorities or remand the same to Summary Hearing Officers (SHO) for
resolution.
13) Training Service (TS)

a) Conduct continuing Advocacy activities on the "Mamang Pulis" Program of the
PNP.
14) Police Community Relations Group (PCRG)

a) Conduct continuing Advocacy activities on the "Mamang Pulis" Program of the
PNP.
15) Criminal Investigation and Detection Group (CIDG)

a) Conduct investigation in support of pre-charge evaluation against erring
personnel.
b) Perform other task as directed.
16) Public Information Office (PI 0)

a) OPR in press releases.
b) Conduct public advocacy on the "Mamang Pulis" Program of the PNP.
c) Perform other tasks on orders,
17) PRO and NSU Task Forces (PR01-13, CAR, ARMM and NCRPO)
a) Organize task forces in their AOR to implement this LOI to be headed by the
DRD’s and its equivalent in the NSUs.
b) OPR in implementation of LOI Patnubay in respective AOR.
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c. Coordinating Instructions:
1) Chief of offices/units shall strictly and expeditiously implement all existing

directives, instructions and issuances to weed out undesirable elements from the PNP
ranks.
2) All Task Groups shall strictly follow all laws, rules and regulations pertaining to
personnel action.
3) All erring NUP shall be administratively proceeded in accordance with Civil Service
Law, Rules and Regulations,
4) Coordination among task groups is highly encouraged,
5) For light and less grave offenses concerned disciplinary authorities shall not
limit themselves to the meting out of penalties of suspension and forfeiture of pay only.
They shall maximize the use of penalties like withholding of privileges, restriction to
specified limits, and restrictive custody as added deterrence to the commission of same
offenses.
6) Coordination with AFP units and other government agencies for the proper
implementation of this LOI is authorized and encouraged.
5. COMMAND:
a. TDPRM and TDIDM are the Task Force Commander and Deputy Task Force
Commander, respectively.
b. DPRM remains as the OPR of this LOI.
c. Joint Secretariat will be headed by the Chief, DLOD, DPRM and representatives
from DIDM and IAS.
d, Deputy Regional Directors for Administration of PROs and NSUs shall be
designated as TF Commanders in their respective AOR. RIDMD and its equivalent in the
NSUs shall be the Assistant. Task Force Commanders, respectively.
e. Respective RPHRDD and its equivalent in the NSU shall be the Secretariat at
the PRO and NSU Levels.
6. EFFECTIVITY:
This LOI takes effect after fifteen (15) days from the filing of a copy hereof at
the University of the Philippines Law Center in consonance with Sections 3 and 4 of
Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised
Administrative Code of 1987', as amended. Immediately after publication, C3PCR shall
make an IMPLAN on the Prevention Aspect, DPRM on the Investigation and Adjudication
Aspect and DHRDD on the Rehabilitation Aspect.
AVELINO I RAZON, JR
Police Director General
Chief, PNP
Copy Furnished:
Command Group
See Distribution:
All D-Staffs/Chief of Offices/Units
All RDs, PROS 1 to 13, COR, ARMM and NCRPO
All Directors, NSUs
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IMPLAN TO LOI PATNUBAY II
(INVESTIGATION AND PROSECUTION ASPECT)
1. REFERENCES :
a. LOI PATNUBAY 11;

b. Commander's Manual;
c. PNP Memo Circular 2007-001 dated March 3,2007;
d. NAPOLCOM Memorandum Circular 2007-001 dated March 6,2007; and
e. LOI PATNUBAY dated July 31,1998.
2. SITUATION:
The resolution of administrative cases seems to be "snail-paced" even if clear

and defined administrative procedures are in place. The slow-paced affair affects the
state of discipline of the organization and even the morale of the troops.
Statistics from January 1, 2000 to April 30, 2008 show that there are two
thousand one hundred seventy seven (2,177) pending cases and the number of
personnel involved reached a total of two thousand five hundred twenty three (2,523)
(PCO, PNCO and NUP).
These pending administrative cases must be resolved immediately and the trend
of increase normalized in order to attain the objectives of the present transformation
program of the PNP organization.
3. MISSION:
The PNP shall resolve all backlog pending administrative cases in a judicious and
expeditious manner within a period of three (3) months in accordance with all existing
memorandum circulars, procedures or guidelines on resolving administrative cases.
The PNP shall also, through this IMPLAN to LOI PATNUBAY II, establish
additional guidelines and procedures for the uniform disposition of all kinds of
complaints be they breaches of internal discipline, citizen's complaints or derogatory
information culled from anonymous letters, SMS, news items and the like. The trend of
increase in administrative cases must be normalized by adhering strictly to the
procedures laid down by existing circulars and this IMPLAN.
4. EXECUTION:
a. Concept of Operations
1) Objectives:
a) To inventory all pending administrative cases (as defined in PNP and

NAPOLCOM Circulars which refers to a case when the respondent had been formally
charged before any of the disciplinary authorities or IAS; or an appeal is pending with
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any appellate bodies) handled by the different disciplinary authorities, to include
People's Law Enforcement Board, Internal Affairs Service and Ombudsman.
b) To achieve a "zero backlog" on all pending administrative cases covering the
period from April 2008 and backwards to CY 2007 and earlier handled by the different
disciplinary authorities excluding the PLEB, NAPOLCOM and the OMBUDSMAN.
c) To validate and investigate all complaints against erring personnel.
d) To arrest the alarming increase of administrative cases.
2) Scope:
This LOI shall cover all administrative cases of uniformed and non- uniformed
personnel of the PNP.
3) Operational Phases:
This LOI shall be done in three (3) phases: the organization and consolidation
phase; investigation and adjudication phase; and the normalization phase.
a) Organization and Consolidation Phase:
(1) A National Investigation and Prosecution Task Group (NIPTG) shall be

organized and headed by the Deputy Director, DIDM.
(2) A Subordinate Investigation and Prosecution Task Group (SIPTG) shall also
be organized at the Police Regional Offices and National Support Units (NSUs) headed
by the RIDMD at the PROs and its equivalent at the NSUs.
(3) A National Summary Hearing Task Group (NSHTG) shall be organized and
headed by the Deputy, DPRM.
(4) A Subordinate Summary Hearing Task Groups (SSHTG) shall also be
organized at the Police Regional Offices and National Support Units (NSUs) headed by
the DRDA at the PRO level and its equivalent at the NSUs.
(5) Immediately upon approval, all Summary Hearing Task Groups shall organize
their respective Summary Hearing Offices and Secretariat at RPHRDD and its equivalent
at the NSUs under the Discipline, Law and Order Section with permanent venue and
dedicated Staff.
(6) In the meantime, SSHTG at the PRO and NSU level shall organize their
respective Secretariats within seven (7) days after the effectivity of this I M PLAN to LOI
PATNUBAY II. All Secretariats from the NHQ level down to the PROs and NSUs shall
maintain a pool of Summary Hearing Officers (SHOs) with their own staff whose
members shall not be less than three (3) and shall be responsible for the preparation of
subpoenas, summonses, proofs of notices, drafting of resolutions and decisions as
dictated by the SHO and the disciplinary authorities and preparation of other processes
such as Certificates of Implementation and Finality. All Staff members shall be issued
orders for their designation. Preferably, members of the Staff including all SHOs should
be LLB graduates or must possess sufficient background in law and are proficient in
English.
(7) All Secretariats shall maintain an eligibility list for Summary Hearing Officers.
(8) A pool of Summary Hearing Officers shall be organized from newly arrived
members of the UN Contingent who shall render duties as SHO for a period of three (3)
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months prior to dispatch for new assignments. Likewise, members of the PHAU in
floating status shall also reader duties as SHO for a period of at least two (2) months.
The pool of SHOs from the UN Contingent: and PHAU shall organize their own staff
whose members shall be responsible for the preparation of subpoenas, summonses,
proofs of notices, drafting of resolutions and decisions as dictated by the SHO or
disciplinary authorities and preparation of other court processes.
(9) All new lateral entrants into the Legal Service shall also serve as SHOs for
three (3) months under the control of the National Summary Hearing Task Groups
(NSHTG) before dispatch to new assignments.
b) Investigation and Adjudication Phase:
Investigation Phase:
In addition to the guidelines set by PNP Memorandum Circular 2007-001, the

following procedures embodied in LOI PATNUBAY II shall be observed (Annexes C and D
LOI PATNUBAY II):
(1) All anonymous complaints like TXT 29.20, "Isumbong mo kay Tsip", "Anti-
Kotong" Text and other derogatory reports whether written, or sent through text
messages shall be treated in the following manner:
(i) If there is no verifiable data except the text message itself - Refer to Dl or IG and
their equivalent in the PROs if the complaint emanated from their AOR for validation and
case build-up.
(ii) If there is verifiable data but no sworn statement, or any document supporting the
complaint ~ Refer to CIDG and Dl for investigation and validation, respectively, which
should act on the complaint in coordination with each other.
(iii) If the complaint, is supported by affidavits/sworn statements or documents - DIDM,
RIDMC), Investigation Sec of PPO's, MPS, CPS Precincts RIAS, IAS as the case may be,
shall conduct pre- charge evaluation in accordance with NAPOLCOM Memo Circular
2007-001.
(2) If upon evaluation of the anonymous written-or SMS complaint by the unit receiver
the information or complaint appears to be just a grievance or request for assistance,
the same shall be referred to concerned office or agency for action in accordance with
Sec 3, C Rule 13 of NAPOLCOM Memo Circular 2007-001.
(3) All complaints involving NUP shall be dealt with according to the Uniform Rules on
Administrative Cases in the Civil Service (CSC Resolution No. 99-1936).
Adjudication Phase:
(1) Within five (5) days after the effectivity of this LOI, al! SHTG shall inventory all
pending cases falling within their respective jurisdictions and shall submit their inventory
to the Secretariat LOIPATNUBAY 11.
(2) Fifteen (15) days after the effectivity of this LOI, all pending administrative cases
shall be resolved within three (3) months or earlier.
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c) Normalization Phase:
(1) While the pending cases are being resolved and thereafter, all Investigation and
Prosecution Task Groups (IPTG) and Summary Hearing Task Groups (SHTG) shall
institutionalize PNP Memorandum Circular 2007-001.
(2) All Summary Hearing Task Groups from the PROs and NSUs shall conduct Seminar
on Summary Hearing Procedures within five (5) days but not later than fifteen (15) clays
from effectivity of this IMPLAN and periodically thereafter.
b. Tasking:
1) NTF Patnubay:
(a) Oversee the implementation of this LOI.

(b) Supervise and monitor the activities of the different Investigation and Prosecution
Task Group (IPTG) and Summary Hearing Task Group (SHTG) at the PROs and NSUs
level.
(c) Monitor the progress of this IMPLAN.
(d) Submit report to the C, PNP through the Secretariat.
2) Directorate for Personnel and Records Management (DPRM)

and Internal Affairs Service (IAS):
(a) Conduct summary hearing proceedings.

(b) Monitor progress of cases by maintaining a docket book and a data base of all cases.
(c) Codify jurisprudence on police administrative case.
3) Directorial Staffs:
- Provide assistance/support in respective areas of expertise.
4) Directorate for Comptrollership (DC):
- Provide initial fund support to this LOI for training of SHOs, honoraria of SHOs and
MOOE of their staff amounting to fourteen million six hundred sixty one thousand one
hundred twenty pesos (Php'14,661,120.00) and regular funding thereafter. (Annex "F")
5) Directorate for Investigation and Detective Management (DIDM) and Criminal

Investigation and Detention Group (CIDG);
(a) Conduct investigation in support of pre-charge evaluation.

(b) Conduct pre-charge evaluation against erring personnel.
(c) Recommend other appropriate actions such as issuance of preventive suspension,
restrictive custody or filing of criminal cases in court.
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c. Coordinating Instructions:
1) All Summary Hearing Officers shall continue to handle their respective cases
unless reassigned outside their regional office, or outside NSU's in case of SHO's from
NSU's, In such case, they shall turn over to their respective Secretariat the case/s they
are handling for reassignment to other SHO's.
2) All SHOs must undergo seminar on NAPOLCOM Memorandum Circular 2007-
001 to be organized by the SHTG at the National Level and the different SHTGs at the
PRO and NSU Levels within five (5) days from the effectivity of this LOI but not later
than fifteen (15) days. The Seminar shall form part of the basis for the SHO Eligibility
List.
3) The staff of the poo! of SHOs shall be headed by a responsible
officer who shall maintain a docket book subject to periodic and spot inspection. The
docket book shall contain among others the following data of cases: docket number of
the administrative case, name of the parties on the docket book, offense charged, the
hearing officer to whom the case was assigned, the date the decision was rendered, the
implementing orders, proof of service of decision, date the appeal was filed, date the
decision became final, date the certificate of finality was issued and other relevant and
material data. For easy monitoring, the Secretariat under RPHRDD and its equivalent at
the NSUs shall be responsible for the assignment of docket number of their
administrative cases in their jurisdiction.
4) All those involved in the implementation of this IMPI-AN to LOI PATNUBAY II
shall strictly and expeditiously implement all existing directives, instructions and related
issuances designed to get rid of undesirable elements from the PNP ranks.
5) All pending administrative cases shall be resolved within three (3) months
upon the submission of pool of summary hearing officers.
6) Disciplinary authorities and Summary Hearing Officers shall adhere to the
administrative procedures as provided in NAPOLCOM Memorandum Circular 2007-001
and other issuances. In addition, no administrative case shall be heard by a summary
hearing officer whose rank is lower than that of the respondent in such case.
7) Without prejudice to the principle of exclusivity in Section 2 Rule 2 of
NAPOLCOM MC 2007-001 and unless for compelling reasons, all cases involving Section
3 Rule 6 of the same NAPOLCOM Circular shall be turned over to IAS/RIAS for summary
hearing. The cases covered by Sec 3, Rule 6 are as follows:
a) Incidents where a police personnel discharges firearm;

b) Incidents where death, serious physical injury, or any violation of human
rights occurred in the conduct of police operation;
c) Incidents where evidence was compromised, tampered with, obliterated, or
lost while in the custody of police personnel;
d) Incidents where a suspect in the custody of the police was seriously injured;
and
e) incidents where the established rules of engagement have been violated.
8) For expeditious disposition of cases, no decision by the Disciplinary Authorities

(DA) of the PROs and NSU levels shall be implemented or referred to the DPRM for
confirmation unless the DAs have already passed upon the motion for reconsideration of
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a respondent or the decision has already become implementable or has attained finality
because the respondent did not file a Motion for Reconsideration or appeal, respectively.
9) All administrative cases of personnel assigned with, and under the disciplinary
authority of RD, PROs and Dir, NSUs shall be resolved and decided by concerned RD or
Dir, NSUs regardless of whether the DIDM conducted the pre- charge evaluation or not.
10) For light and less grave offenses, concerned disciplinary authorities shall not limit
themselves to the meting out of penalties of suspension and forfeiture of pay only. They
shall maximize the use of penalties like withholding of privileges, restriction to specified
limits, and restrictive custody as added deterrence to the commission of same offenses.
11) The Secretariat shall consolidate Monthly Report on the Status of
Administrative Cases.
12) Lateral coordination between and among the Task Groups covered by LOI
PATNUBAY II is encouraged.
5. COMMAND:
a. The Deputy Director for Personnel and Records Management. (TDDPRM) is

designated as the TG Commander while the Deputy Director of the Investigation and
Detective Management (TDDIDM) is designated as Assistant TG Commander.
b. RPHRDD of PROs and PRM of NSUs are the TG Commander in their respective
jurisdictions. The head of the RIDMD shall act as deputy Task Group Commanders.
6. EFFECTIVITY:
This IMPLAN takes effect immediately upon approval. All PROs and NSUs shall
make their own IMPLAN five (5) days upon receipt of this IMPLAN to LOI PATNUBAY11.
EDGARDO E ACUÑA, CEO VI

Police Director
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JURISDICTION
A citizen's complaint against any member of the municipal police station or city
police office/station may be filed before the following disciplinary authorities:
a) Chiefs of Police or Directors of City Police Offices, where the offense is

punishable by withholding of privileges; restriction to specified limits; suspension or,
forfeiture of salary; or any combination thereof, for a period not exceeding fifteen
(15)days;
b) Mayors of Cities and Municipalities, where the offense is punishable by
withholding of privileges ; restriction to specified limits; suspension or forfeiture of
salary; or any combination thereof, for a period of not less than sixteen (16) days but
not exceeding thirty (30) days.
c) People's Law Enforcement Board (PLEB), where the offense is punishable by
withholding of privileges; restriction to specified limits; suspension or forfeiture of
salary; or any combination thereof, for a period exceeding thirty (30) days; demotion or
by dismissal from the service;
d) All other citizen's complaints against PNP members, who are not assigned in
the municipal station or city police office/station or in areas where no PLEB is organized,
shall be filed with the provincial or regional Internal Affairs Service where the offense
was committed; Provided, that the jurisdiction of the summary dismissal authorities shall
not be affected.
CITIZEN'S COMPLAINT AND BREACH OF INTERNAL DISCIPLINE
Section 1. Where shall be filed - a complaint for breach of internal discipline shall be
brought before the following disciplinary authorities:
a) Chiefs of Police or Equivalent Supervisors, where the imposable penalty is
admonition; reprimand; restriction to specified limits; withholding of
privileges; forfeiture of salary or suspension; or any combination of the foregoing:
Provided, that in all cases, the total period shall not exceed fifteen (15) days;
b) Provincial Directors or Equivalent Supervisors, where imposable penalty is
admonition or reprimand; restrictive custody; withholding of privileges, forfeiture of
salary or suspension; or any combination of the foregoing: Provided, that in all cases,
the total period shall not exceed thirty (30) days;
c) Regional Directors or Equivalent Supervisors, have jurisdiction over offenses
punishable by dismissal from the service and those where the imposable penalties are
admonition or reprimand; restrictive custody; withholding of privileges; suspension or
forfeiture of salary; demotion; or any combination of the foregoing: Provided, that
in all cases, the total period shall not exceed sixty (60) days; and
d) Chief of the PNP, has jurisdiction over offenses punishable by dismissal from
the service; demotion; suspension or forfeiture of salary, or any combination thereof for
a period not exceeding one hundred eighty (180) days. The Chief of the PNP has the
authority to place police personnel under restrictive custody during the pendency of a
grave administrative or criminal case against him.
14
SUMMARY DISMISSAL POWERS OF THE NAPOLCOM , PNP CHIEF and PNP
REGIONAL DIRECTORS (SECTION 1, RULE 5, NAPOLCOM MEMORANDUM
CIRCULAR 2007-001 as provided by SEC 42, RA 6975 as AMENDED BY SEC 53,
RA 8551)
Section 1. Summary Dismissal Case. - Summary dismissal case, is one where the
maximum penalty imposable is dismissal from the service and the offense falls under
any of the following cases:
a) Where the charge is serious and evidence of guilt is strong;
b) When the respondent is a recidivist or has been repeatedly charged and there
are reasonable grounds to believe that he is guilty of the charge;
c) When the respondent is guilty of a serious offense involving conduct
unbecoming of a police officer; and
d) When any member or officer has been absent without official leave for a
continuous period of thirty (30) calendar days or more; Provided, that where dropping
from the rolls is resorted to as a mode of separation from the service, the police officer
can no longer be charged for Serious Neglect of Duty arising from the absence without
leave (AWOL) and vice versa.
Section 2. Where filed. - The complaint may be filed before the following
disciplinary authorities:
a) PNP Regional Directors or Directors of the National Support Units;
b) Chief of the PNP; and
c) The National Police Commission En Bane.
15
TO : ALL RDs, PROs and Dirs, NSUs
FROM : C,PNP
SUBJECT : GUIDELINES IN THE CONDUCT OF SUMMARY PROCEEDINGS

AGAINST NON-UNIFORMED PERSONNEL (NUP) IN THE PNP
1. References:
a. Alunan vs. Asuncion, GR No. 115824 dated January 28, 2000;

b. Romeo B. Macaoili, CSC Resolution No. 061023 dated June 6, 2006;and
c. Capina, Jimmy T, re: Grave Misconduct (Appeal), CSC Resolution No. 072236
dated December 3,2007.
2. This pertains to the jurisdiction of this Office over administrative cases filed
against Non-Uniformed Personnel (NUP) in the Philippine National Police (PNP).
3. In resolving the case of NUP Jimmy T. Capina for Grave Misconduct, the
Civil Service Commission in CSC Resolution No. 072236 dated December 3,
2007 explicitly declared that Non-Uniformed members of the PNP must be governed by
Civil Service Laws, Rules, and Regulations. Although the resolution is a Civil Service
pronouncement, it is significant and compelling for three reasons:
a) First, the jurisdiction of the C, PMP to try the administrative offense of NUP
Jimmy T. Capina pursuant to Section 42, RA 6975 as amended by Section 53, RA 8551
in relation to NAPOLCOM Memorandum Circular No. 2007- 001 was referred to the
NAPOLCOM by the Civil Service for comment and no less than the former Commissioner
Irnelda M. Crisol-Roces, the Vice-Chairperson and Executive Officer of NAPOLCOM
explained that, "NUP Capina should have been charged under existing CSC law, rules
and regulations." The same findings and conclusion was made by the PNP Legal Service
when it expressed unequivocally that, "The contention of NUP Capina that he should
have been charged under the CSC law and not under RA 6975 as amended is only
appropriate xxx".
b) Second, the case of Alunan vs Asuncion, GR No. 11582.4 dated January
28,2000 was invoked by the CSC in the Capina case. Said Supreme Court decision
upheld the NAPOLCOM Resolution promulgated by then Secretary Rafael M. Alunan III
as DILG Secretary and Chairman, NAPOLCOM, a pertinent portion of which read as
follows:
"That CIS Agents, including the NAPOLCOM operatives, who opted to be

absorbed as non-uniformed personnel of the PNP and who were appointed to plantilla
positions thereof, shall be considered as civilian personnel of the PNP and covered by
existing civil service laws, rules and regulations affecting government employees in
general; xxy"(Underscoring ours.)
c) Third, this is not the first time a case like this cropped up. In Macaoili, Romeo
B., CSC Resolution No. 061023 dated June 6, 2006, the CSC
16
declared that "In the case at bar, therefore, Macaoili, being a Utility Worker, is and
should be governed by existing Civil Service Law, Rules and Regulations, he being a
non-uniformed personnel (NUP) of the PNP."
4. Henceforth, as pronounced, all administrative cases against Non- Uniformed

Personnel of the PNP must be governed by Civil Service Laws, Rules and Regulations
particularly, but not limited to Rule XIV on Discipline of the Omnibus Rules implementing
Book V of Executive Order No. 292 and other Pertinent Civil Service laws, and Rule I to
XVI of the Uniformed Rules on Administrative Cases in the Civil Service as provided by
CSC Resolution No. 991936. Therefore, all summary hearing procedures like filing of
charges, service of summonses, subpoenas, resolutions, decisions and service of other
administrative court processes, and application of penalty must be done in accordance
with said rules and not Section 42 of RA 6975 as amended by Section 53 of RA 8551 in
relation to NAPOLCOM Memorandum Circular No. 2007-001.
5. However, nothing in this memorandum shall be construed as a diminution or

removal of the prerogative of the C, PNP to appoint summary hearing officers, be they
uniformed or non-uniformed, to try and hear administrative cases of NUP.
6. For widest dissemination and guidance.
AVELINO I RAZON, JR
Police Director General
Chief, PNP
17
Section 1. Imposable Penalties. - The following are the penalties that may be
imposed in police administrative cases:
a. Withholding of privileges
b. Restriction to specified limits
c. Restrictive custody
d. Forfeiture of salary
e. Suspension
f. Any combination of penalties under Section 1, subparagraphs (a) to (e)
g. One (1) rank demotion
h. Dismissal from the service
Sec. 2. Range of Penalties. - The penalties for light , less grave, and grave offenses
shall be made in accordance with the following ranges:
For Light Offenses;
1) Withholding of privileges; restriction to specified limits; restrictive custody;

suspension or forfeiture of salary; or any combination thereof from one (1) day to ten
(10) days (minimum period);
suspension or forfeiture of salary; or any combination thereof from eleven (11) days to
twenty (20) days (medium period);
suspension or forfeiture of salary; or any combination thereof from twenty one (21)
days to thirty (30) days (maximum period).
For Less Grave Offenses:

suspension or forfeiture of salary; or any combination thereof from thirty- one (31) days
to forty (40) days (minimum period);
2) Withholding of privileges; restriction to specified limits; suspension or
forfeiture of salary; or any combination thereof from forty-one (41) days to fifty (50)
days (medium period);
suspension or forfeiture of salary; or any combination thereof from fifty-one (51) days to
fifty-nine (59) days (maximum period).
For Grave Offenses:

1) Sixty (60) days to six (6) months suspension (minimum period);
2) One (1) rank demotion (medium period);
3) Dismissal from the service (maximum period)
Sec. 3. Limitation in the Imposition of Penalties. - In case of forfeiture of salary

the amount shall not exceed the equivalent of one (1) month salary.
18
The penalty of "Withholding of Privileges" shall be confined to deferment of
vacation leave privileges, participation in training grants or programs and such other
similar privileges normally enjoyed by civil service employees.
Sec. 4. Qualifying Circumstances. - In the determination of penalties to be imposed,

mitigating and aggravating circumstances attendant to the commission of the offense/s
shall be considered.
a) The following are mitigating circumstances:
1) illness;
2) good faith;
3) length of service in the government;
4) Awards and commendations;
5) analogous circumstances.
b) The following are aggravating circumstances:
1) taking advantage of official position;

2) taking undue advantage of subordinate;
3) use of government property in the commission of the offense;
4) repeatedly charged;
5) offense is committed during office hours and/or within the premises of the
government office or building;
6) employment of fraudulent means to commit or conceal the offense;
7) intoxication;
8) being a recidivist;
9) offense committed in consideration of a price or reward;
10) when the victim is a minor, feeble minded or physically disabled;
11) when offense is committed in cooperation with two (2) or more persons;
12) utilizing minor in the commission of the offense; and
13) analogous circumstances.
Sec. 5. Guidelines in the Application of Penalties. - The imposition of penalty shall

be made in accordance with the manner herein below provided:
a) Like penalties shall be imposed for like offenses and only one penalty shall be
imposed for each case, "Each case" means one administrative case which may involve
one or more charges or counts.
b) The minimum period of the penalty shall be imposed where only mitigating
and no aggravating circumstances are present.
c) The medium period of the penalty shall be imposed, where no mitigating and
aggravating circumstances are present.
d) The maximum period of the penalty shall be imposed where only aggravating
circumstances are present.
e) Where aggravating and mitigating circumstances are present, rule (b) shall be
applied where there are more mitigating circumstances present; rule (c) shall be applied
where the circumstances equally offset each other; rule (d) shall be applied when there
are more aggravating circumstances.
19
f) If the respondent is found guilty of two (2) or more charges or counts, the
penalty to be imposed should be that corresponding to the most serious charge or count
and the rest shall be considered as aggravating circumstances.
g) In the appreciation of any mitigating circumstance in favor of the respondent
or of any aggravating circumstance against him, the same must be invoked or pleaded
by the party concerned, otherwise, such circumstances shall not be considered in the
determination of the penalty to be imposed.
Sec. 6. Administrative Disability Inherent in Certain Penalties.- The following

are the administrative disabilities inherent in certain penalties:
a) The penalty of dismissal, which results in the separation of the respondent
from the service, shall carry with it that of cancellation of eligibility , forfeiture of
retirement benefits, and the disqualification for re-employment in the government
service;
b) The penalty of suspension, which consists in the temporary separation or
cessation of work of the respondent for the duration of the sanction, shall carry with it
that of disqualification for promotion and withholding of privileges corresponding to the
period of suspension.
c) The penalty of forfeiture of salary, which consists of an amount not
exceeding one (1) month salary, shall carry with it that of disqualification for promotion
corresponding to the period of the penalty imposed.
20
TO : ALL HEADS OF DEPARTMENTS, OFFICES, BUREAUS AND AGENCIES OF THE
NATIONAL AND LOCAL GOVERNMENTS, INCLUDING GOVERNMENT-OWNED
AND CONTROLLED CORPORATIONS.
RE : IMMEDIATE IMPLEMENTATION OF DECISIONS, ORDERS OR RESOLUTIONS

ISSUED BY THE OFFICE OF THE OMBUDSMAN INADMINISTRATIVE
DISCIPLINARY CASES.
Section 7 Rule III of the Administrative Order No. 07, otherwise known as, the
"Ombudsman Rules of Procedure" provides that: "A decision of the Office of the
Ombudsman in administrative cases shall be executed as a matter of course."
In order that the foregoing rule may be strictly observed, all concerned are
hereby enjoined to implement all Ombudsman decisions, orders or resolutions in
administrative disciplinary cases, immediately upon receipt, thereof by their respective
offices.
The filing of a motion for reconsideration or a petition for review before the
Office of the Ombudsman does not operate to stay the immediate implementation of the
foregoing Ombudsman decisions, orders or resolutions.
Only a Temporary Restraining Order (TRO) or a Writ of Preliminary Injunction,

duly issued by a court of competent jurisdiction, stays the immediate implementation of
the said Ombudsman decisions, orders or resolutions.
This circular takes effect immediately.

11 April 2006
(SGD.) IVIA. MERCEDiTAS NAVARRO GUTIERREZ

Tanodbayan
(Ombudsman)
Reference: Office of the Ombudsman

Memorandum Circular No. 01
Series of 2006
21
PART 2
POLICIES ON AWOL
ABSENCE WITHOUT OFFICIAL LEAVE
In general, it refers to the status of any official or employee who absents himself
from work without approved leave of absence. As applied to the officers and non-
officers of the PNP it shall encompass but not limited to the following:
1. Absence from place of work or assignment without approved vacation leave;

2. Failure to report for duty after the expiration of approved leave of absence;
3. Failure to give notice to his immediate superior officer the fact of his inability
to report for work on account of sickness or injury;
4. Failure to file appropriate application for sick leave after his return or
work attaching therewith the required Medical Certificate;
5. Abandonment of work or assignment without prior approval of his
immediate superior officer; and
6. Failure to report to his new assignment/unit within three (3) days from receipt
of the order of reassignment or for reporting to a unit where he is not officially assigned.
GROUND FOR NON-DISCIPUNARYACTION
Any member of the PNP falling under any of the categories mentioned above for
a period of five (5) calendar days or more but not to exceed thirty (30) calendar days
shall be dropped from the rolls, after due notice, in accordance with the procedure
hereunder prescribed.
As regards an officer or employee who has been; continuously absent without
approved leave for thirty (30) calendar days or more, he shall be dropped from the rolls
without prior notice. However, he shall be informed of his separation from the service
not later than five (5) days from its effectivity, which shall be sent to the address
appearing on his latest 201 files or his present place of work or assignment.
PROCEDURE
(1) Immediately after the lapse of five (5) calendar days from the date that the
PNP personnel has been on absence without official leave in any of the categories
mentioned above, the immediate superior officer shall forthwith serve a written notice,
either by registered mail or personal delivery, at the former's last known address or
present place of work/assignment on record directing him to report/return for work
within three (3) days from receipt of said notice, with a warning, that failure or refusal
to comply with the same will be a valid ground to drop him from the rolls.
(2) If after the expiration of three (3) days, the absentee PNP member fails to
return for work, the immediate superior officer shall submit thru proper channel, within
three (3) days, the corresponding report with the recommendation to drop him from the
rolls to the proper PNP authorities.
22
(3) Upon receipt of the official report, the PNP authority vested with the
jurisdiction to exercise this non-disciplinary power shall thoroughly evaluate the records,
and if found to be meritorious, shall forthwith issue the Order of Dropped from the Rolls.
PNP OFFICERS AUTHORIZED TO DROP FROM THE ROLLS
The Chief, PNP as head of office and the appointing authority for all officers,
excluding those holding the rank of Senior Superintendent or higher, and non-officers
assigned at the national headquarters, and the PNP Regional Directors with respect to
regional personnel, including officers and members of the administrative and operational
support units assigned thereat.
However, in the interest of the service, the Chief, PNP may delegate such
authority.
In PNP Memorandum Circular No. 2008-005, the authority to DFR was delegated
by the C, PNP to the following PNP Officers: |
a. Director, Administrative Support Units; and

b. Directors, Operational Support Units.
Further, PNP Memorandum Circular No. 2008-009 dated August 4, 2008 was
issued delegating the authority to issue DFR orders with respect to PCOs and PNCOs
assigned in the respective units concerned:
a. Directors, National Capital Region District Offices;

b. Provincial/City Directors;
c. Group Directors, Regional Mobile Groups;
d. Group Directors, Provincial Mobile Groups; an
e. City Chiefs of Police.
However, all DFR orders issued by the Director, NSUs are subject to the issuance
of confirmatory orders by the C, PNP and all DFR orders issued by the Provincial/City
Directors, Group Directors, Regional Mobile Group, Group Directors, Provincial Mobile
Groups, and City Chiefs of Police are subject to confirmation by the Regional Director of
the Police Regional Office (PRO) concerned. All DFR orders issued by the Directors of
NCR District Police Offices are subject to confirmation by the RD.NCRPO.
FINALITY OF ORDER
The order of Dropped from the Rolls issued by the Chief, PNP, Regional Directors
and those PNP Officers delegated with such authority, shall be immediately executory,
without prejudice to the filing of a Motion for Reconsideration (MR) or Appeal, as the
case may be.
In case, however, that the Motion for Reconsideration/Appeal filed by the PNP
member found to be on absence without official leave is meritorious, he shall be
restored to his former position with entitlement to all the benefits and allowances he
failed to receive during the period of his absence.
23
EFFECT OF ORDER OF DROPPED FROM THE ROLLS
Immediately upon the issuance of the Order of Dropped from the Rolls (DFR) the
salary and other allowances of the concerned PNP member shall be immediately stopped
and his name striken from the records; the period that he was on absence without
official leave shall be deducted from his accumulated leave credits; and his issued
firearms and other accoutrements shall be recalled, including his PNP Identification Card
and Police Badge.
FILING OF MOTION FOR RECONSIDERATION
Within three (3) days from receipt of the Order of Dropped from the Rolls, the
concerned PNP member may file a Motion for Reconsideration (MR) with the non-
disciplinary authority who issued the Order, which Motion shall be resolved within the
same period.
Only one (1) Motion for Reconsideration shall be allowed.
FILING OFAPPEAL
An Order, issued by the PNP Regional Director or the PNP Officers delegated to
exercise such authority, denying the Motion for Reconsideration is appealable to the
Chief, PNP within three (3) days from receipt of the Order of Denial. He shall have the
same period to resolve the appeal and his decision thereof shall be final.
The Order of Dropped from the Roll issued by the Chief, PNP, shall be final and
executory.
SERVICE OF ORDER
Copies of the Order issued by any of the non-disciplinary authorities shall be

served to the PNP member concerned, either by personal delivery or registered mail at
his address appearing on his latest 201 files or his present place of work or assignment.
His immediate superior officer shall be furnished a copy of the same.
OTHER PROVISIONS
(1) Every case of absence without official leave committed by any PNP personnel
shali be the direct responsibility of the immediate superior officer. Failure ; and/or
refusal to initiate either disciplinary or non-disciplinary action against the erring
personnel shall render him administratively liable, under the Doctrine of Command
Responsibility.
(2) A PNP member who has been found on continuous absence without official
leave or incurred unauthorized absences may be dropped from the rolls in accordance
with the rules prescribed herein and/or administratively charged with AWOL; Provided,
however, that if a disciplinary action has to be undertaken along with the dropping from
the rolls, the complaint should be filed first while the erring personnel is still in the
service.
24
Reference: NAPOLCOM Memo
Circular No. 95-017
In PNP Memorandum Circular 2008-005, the procedures are detailed as follows:
a. Non-Disciplinary Action
Any member of the PNP who is on AWOL for a period of five (5) calendar days or
more but not to exceed thirty (30) calendar days shall be dropped from the rolls (DFR)
after due notice, in accordance with the procedure hereunder prescribed.
As regards a member who has been on AWOL for thirty (30) calendar days or
more, he shall be dropped from the rolls without prior notice. However, he shall be
informed of his separation not later than five (5) days from its effectivity which shall be
sent to his address appearing in his latest 201 file.
1. Immediately after the lapse of five (5) calendar days from the date the PNP
personnel has been on absence without official leave, the immediate superior officer
shall forthwith serve a written notice, either by registered mail or personal delivery, at
the former's last known address directing him to report/return for work due to exigency
of the service, within three (3) days from receipt of said notice, with a warning that
failure or refusal to comply with the same shall be a valid ground to drop him from the
rolls.
2. If after the expiration of three (3) days, the absentee PNP member fails to
return for work, the immediate superior officer shall submit thru proper channel, within
three (3) days, the corresponding report with the recommendation to drop him from the
rolls to the proper PNP authorities.
3. Upon receipt of the official report, the PNP authority vested with jurisdiction to
exercise this non-disciplinary power shall thoroughly evaluate the records, and if the
recommendation is found to be meritorious shall forthwith issue the order of dropped
from the rolls.
4. That pending the issuance of a dropped from the rolls order or promulgation
of a decision in an administrative case for AWOL, said PNP personnel on AWOL is still
considered in the active service and as such, shall be allowed to report back to duty
subject to the outcome of the administrative case.
5. The order of dropped from the rolls issued by the Chief, PNP, Regional
Directors and those PNP officers delegated with such authority, shall be immediately
executory, without prejudice to the filing of a Motion for
Reconsideration or Appeal, as the case may be.
In case the Motion for Reconsideration filed by the PNP member
found to be on absence without official leave is meritorious (i.e. hospitalized, in which
case, the absences will be charged to his leave credits; reassigned to other unit without
knowledge, but continuously reported for duty; or due to administrative lapse, etc.) he
shall be restored to his former position with entitlement to all the benefits and
allowances he failed to receive during the period of his alleged absence.
25
6. Immediately upon the issuance of the Order of Dropped from the Rolls, the
salary and other allowances of concerned PNP member shall be immediately stopped
and his name striken from the records; the period that he was on absence without
official leave shall be deducted from his accumulated leave credits, and his issued
firearms and other accoutrements shall be recalled, including his PNP Identification card
and Police Badge.
7. Within three (3) days from receipt of the Order of Dropped from the Rolls, the
concerned PNP member may file a Motion for Reconsideration (MR)
with the non-disciplinary authority who issued the order, which motion snail be resolved
within the same period. Only one (1) MR shall be allowed. However, failure of the
appellant to file his MR and/or appeal, as the case may be, within the given
reglementary period shall be a cause for the denial of his motion/appeal.
8. An order issued by the PNP Regional Director or the PNP officers delegated to
exercise such authority denying the motion for reconsideration is
appealable to the Chief, PNP within three (3) days from receipt of the Order of Denial.
The order of dropped from the rolls issued by the Chief, PNP shall be final and
executory.
9. The non-disciplinary action shall likewise be without prejudice to the
reappointment of the erring personnel to the PNP at the discretion of the appointing
authority, provided, the appellant still possesses all the qualifications and none of the
disqualifications under Section 30 of RA 6975 as amended by Section 14 of RA 8551.
However, in the reappointment of a separated personnel into the PNP, the non-
disciplinary authority must be guided by the case law in Madrid vs. Auditor General (108
Phil 578) where the Supreme Court held that: "a person
claiming right to a position in the Civil Service must institute the proper proceedings to
assert his right within the period of one year from the date of his separation, otherwise,
he will be considered as having abandoned his office or even a cquiesced or consented
to his removal and therefore not entitled to bring action for his reinstatement.
|
Likewise to be considered are Supreme Court decisions regarding laches, such as
in the case of Oca vs CA, 378 SCRA642, where the court held that: "The term laches is
defined as failure or neglect for unreasonable and unexplained length of time to do that
which by exercising due diligence could or should have been done earlier", and in the
case of Westmont Bank vs Ong, 375 SCRA 212, where the SC held that: "Laches is
negligence or omission to assert a right within a reasonable time, warranting a
presumption that the party entitled thereto has either abandoned or declined to assert
it."
b.DisciplinaryAction
1. If a disciplinary action or Summary Hearing has to be undertaken against an erring

personnel, the complaint should be filed while the erring personnel is still in the service
or has not yet been issued a dropped from the rolls order. Once a complaint is filed, the
erring personnel can no longer be dropped from the rolls.
In case dropped from the rolls order had already been issued, the
26
disciplinary authority should no longer reinstate the erring personnel just for the purpose
of acquiring jurisdiction over him/her and subsequently charging him/her with Serious
Neglect of Duty. This would render nugatory the previous act of the non- disciplinary
authority of dropping such erring personnel from the rolls If a non- disciplinary authority
must reinstate an erring personnel who was dropped from the rolls, it should not be for
the purpose of acquiring jurisdiction over him/her and subsequently charging him/her
with Neglect of Duty. It should be because the erring personnel filed a Motion for
Reconsideration (MR) or appeal to the Chief, PNP which is meritorious, such as, but not
limited to, incarceration, where he cannot report for work, and later on found by the
court to be totally innocent of the charge.
The reason for this is that a personnel dropped from the rolls ceased to be a
member of the PNP and is already out of the PNP's jurisdiction. Therefore, in no case
shall an erring personnel who was dropped from the rolls be reinstated unless he/she
has filed a timely and/or meritorious MR or appeal to the C, PNP.
2. However, a reinstated erring personnel whose timely and/or meritorious MR or appeal

to the C, PNP was given due course, may or may not be subjected to a pre-charge
evaluation for the purpose of finding out the circumstances why he went on AWOL. Else
wise stated, while reinstating a PNP member dropped from the rolls just for the purpose
pf acquiring jurisdiction over such personnel for pre-charge evaluation is not allowed,
subjecting an erring personnel, who was reinstated because of the merit of his MR, to
pre-charge evaluation is, not only allowed, but should be the general procedure.
3. In fine, what cannot be allowed is the simultaneous recourse to the non-disciplinary

mode of dropping a personnel from the rolls and disciplinary mode of charging him/her
with Serious Neglect of Duty. The first mode is separation
while the second mode is dismissal. This is the import of Section 1, (d), Rule 5 of
NAPOLCOM Memorandum Circular 2007-001 when it said: "Provided, that where
dropping from the rolls is resorted to as a mode of separation from the service, the
police officer can no longer be charged with Serious Neglect of Duty arising from
absence without official leave (AWOL) and vice-versa".
27
VI. DROPPED FROM ROLLS vs ADMINISTRATIVE CASE
Both Procedures Cover AWOL Cases
1. Name of action is dropping from the 1. Name of charge is Serious
rolls, which is disciplinary mode of Neglect of Duty (AWOL) which is
separation from the service non-disciplinary mode of separation
from the service.
2. The term is Separation 2. The term is Dismissal.
3. No strict observance of due process 3. Strict observance of due process
(Notice only) (Notice and Hearing)
4. MR within three (3) days from 4. If dismissed or demoted, appeal

receipt of DFR order from the Non- to RAB, as the case may be, within
Disciplinary Authority who issued the ten (10) days from receipt of copy
DFR order. of the decision, then to the SILG.
Appeal to the Chief, PNP within three

(3) days upon receipt of the denial of
the MR by the officer who issued the
DFR order.
5. Cannot go together with the admin

case.
6. If DFR is nullified, conduct Pre-

Charge Evaluation (PCE), as a matter
of procedure to determine if AWOL is
justified.
VII. TERMINATION vs. DISCIPLINARY PROCEEDING
PROCEEDING (SUMMARY HEARING)
Legal Basis 1. NMC No. 2007-001
1. NMC No. 2008-006 (for Lateral
Entrants) NMC No. 2007-009 (for P01)
Who is covered?
2. New lateral entrants initially
appointed with the ranks of PINSP and 2. PNP Uniformed personnel who
PSINSP and Police Officer One (P01) were formally charged with Admin
during the Probationary cases.
period of one(1)year
According to Jurisdiction
3. Termination Authority
PCOs C.PNP 3. Disciplinary Authority
Po1S C,PNP,RDs,PROs,Ds,NSUs C, PNP, RDs, PROs, Ds, NSUs, PDs,
PPOs,
CP, CPOs, or equivalent supervisors
28
VII. TERMINATION PROCEEDING vs. DISCIPLINARY PROCEEDING
(SUMMARY HEARING)
Composition 4. Summary Hearing Officer
4. Termination Committee (for PCO) or Summary Hearing Board
TDPRM -Chairman
D,LS -member
TDHRDD - member
TD1 - member
TDIDM - member
RD.PROorD.NSU -member
- SHO or Board designated by the Termination Authority (TA) for P01
Procedure 5. -Filing of complaint
5. -Filing of complaint - Notice to the respondent
- Notice to the respondent -Answer
-Answer - Pre-Charge Evaluation
-Summary Hearing - Summary Hearing
- Decision by the TA -Resolution of the SHO
-Appeal -Decision by the DA
- MR
RESULT
6. Dismissal, Demotion, Suspension,
6. Separation by Termination etc
APPEAL
7. From C, PNP's Decision (for PCO)- - For P01 s from C, PNP, RD, PROs,
w/in 30 days to the National Police D, NSUs Decision is appealable to
Commission the NAPOLCOM en bane within 10
days from receipt
7. - C, PNP's decision - NAB within 10

days from receipt
- RD, PROs, D, NSUs - RAB within ten

(10) days from receipt
29
CLARIFYING THE SERVICE STATUS OF PNP MEMBERS WHO HAVE BEEN
MARKED ON ABSENCE WITHOUT OFFICIAL LEAVE (AWOL) PENDING
ISSUANCE OF DROPPING FROM THE ROLLS ORDER AND/OR DECISION
SUSPENDING/DISMISSINGTHEM FROM THE SERVICE.
1. A PNP member who has been on Absence Without Official Leave (AWOL) shall
be dropped from the rolls and/or charged with AWOL and, thereafter, penalized by
suspension or dismissal from the service, as the case may be, depending upon the
number of absences incurred and the reasons thereof, pursuant to NAPOLCOM
Memorandum Circular No. 95-017 dated August 14,1995.
2. Pending the issuance of a Dropped from the Rolls Order or promulgation of a
decision in an administrative case for AWOL, said PNP personnel on AWOL is still
considered in the service and, as such, shall be allowed to report back for duty, subject
to the outcome of the administrative case.
Reference: NAPOLCOM Memorandum

Circular No. 96-004
ABSENCE WITHOUT OFFICIAL LEAVE (AWOL) FOR NUP
An officer or employee who is continuously absent without official leave (AWOL)

for at least thirty (30) calendar days shall be separated from the service or dropped
from the rolls (DFR) without prior notice. He shall, however, be informed of his
separation from the service not later than five (5) days from its effectivity, which shall
be sent to the address appearing on his 201 files.
Reference: Rule XII, Section?-, CSC

MC No. 40, s. 1998; and
CSC MC No. 12,3.1994.
DROPPING FROM THE ROLLS (DFR)
Officers and employees who are either habitually absent or have an

unsatisfactory or poor performance or have shown to be physically and mentally unfit to
perform their duties may be dropped from the rolls subject to the following procedure.
LATEST ISSUANCE ON DROPPING FROM THE ROLLS
An officer or employee who is continuously absent without official leave (AWOL)

for at least thirty (30) WORKING DAYS shall be separated from the service or DFR
without prior notice. He shall, however, be informed of his separation from the service
not later than five (5) days from its effectivity, which shall be sent to the address
appearing on his 201 files or TO HIS LAST KNOWN ADDRESS.
30
Reference: Rule XI I, Section 2, CSC
MCNo.15, s.1999
STATUS OF PNP PERSONNEL UNDER DETENTION:
A. CIVIL SERVICE COMMISSION RESOLUTION NO, 991879, DATED AUGUST

23,1999:
Questions:
1. Can a detained employee be declared on AWOL?

2. Can he be entitled to salary and wages for the duration of his detention?
CSC Opinion/Answers:
1. No, his services are automatically suspended during the period, Detention in effect is
equivalent to an indeterminate preventive suspension.
2. No, pursuant to the doctrine of "no work, no pay".
B. CITY GOVERNMENT OF MAKATI vs CSC AND EUSEBIA R. J. GALZOTE, 376 SCRA 248.
Facts:
- Private respondent, an employee of City Government of Makati, was arrested

and detained for a non-bailable offense;
- She was ordered suspended and later on Dropped from the Rolls (DFR);
- Upon acquittal in the criminal case, she filed a petition for reinstatement but it
was not acted upon.
- She appealed to the CSC, which ordered her reinstatement stating that she was
on automatic leave of absence at the time of her detention.
Questions:
1. Is a detained employee required to file vacation leave?

2. Will her prolonged absence from office for more than one (1) year
automatically justify her DFR?
Supreme Court Ruling:

1. No, she could not be faulted for failing to file an application for leave and
obtain approval thereof prior to her detention.
2. No, she did not have the least intention of going on AWOL. She had a valid
reason for failing to report for work as she was detained without bail. During her
detention she was on "automatic leave of absence".
31
PART 3
PNP ATTRITION SYSTEM
REPUBLIC ACT NO. 8551
An act providing for the Reform and Reorganization of the Philippine National
Police and for other purposes, amending certain provisions of Republic Act numbered
Sixty-Nine Hundred and Seventy-Five entitled, " An Act establishing the Philippine
National Police under a re-organized Department of the Interior and Local Government,
and for other purposes".
Section 24 to 30 provides the Attrition System for Uniformed Personnel
Section 24. Attrition System - There shall be established a system of attrition

within the uniformed members of the PNP within one (1) year from the effectivity of this
Act to be submitted by the PNP to the Commission for approval. Such attrition system
shall include but is not limited to the provisions of the following sections.
Section 25. Attrition by Attainment of Maximum Tenure in Position. The

maximum tenure of PNP members holding key positions is hereby prescribed
as follows;
POSITION MAXIMUM TENURE
Chief four(4)years
Deputy Chief four(4)years
Director of the Staff Services four(4) years
Regional Directors six (6) years
Provincial/City Directors nine (9) years
Other positions higher than Provincial Director shall have the maximum tenure of
six (6) years. Unless earlier separated, retired or promoted to a higher position in
accordance with the PNP Staffing Pattern, police officers holding the above-mentioned
position shall be compulsorily retired at the maximum tenure in position herein
prescribed, or at age fifty-six (56), whichever is earlier: Provided, That in times of war or
other national emergency declared by Congress, the President may extend the PNP
Chiefs tour of duty: Provided, further, That PNP members who have already reached
their maximum tenure upon the effectivity of this Act may be allowed one (1) year more
of tenure in their positions before the maximum tenure provided in this Section shall be
applied to them, unless they shall have already reached the compulsory retirement age
of fifty-six (56), in which case the compulsory retirement age shall prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year of
service before reaching the compulsory retirement age shall be promoted to a higher
rank or appointed to any other position.
32
Section 26. Attrition by Relief - A PNP uniformed personnel who has been
relieved for just cause and has not been given an assignment within two (2) years after
such relief shall be retired or separated.
Section 27. Attrition by Demotion in Position or Rank - any PNP

personnel; civilian or uniformed, who is relieved and assigned to a position lower than
what is established for his or her grade in the PNP staffing pattern and who shall not be
assigned to a position commensurate to his or her grade within eighteen (18) months
after such demotion in position shall be retired or separated.
Section 28. Attrition by Non-Promotion -Any PNP personnel who has not
been promoted for a continuous period often (10) years shall be retired or separated.
Section 29. Attrition by Other Means -A PNP member or officer with at least
five (5) years of accumulated active service shall be separated based on any of the
following factors:
a. Inefficiency based on poor performance during the last two (2) successive
annual rating periods;
b. Inefficiency based on poor performance for three (3) cumulative annual rating
periods;
c. Physical and/or mental incapacity to perform police functions and duties; or
d. Failure to pass the required entrance examinations twice and/or finish the
required career courses except for justifiable reasons.
Section 30. Retirement or Separation Under the Preceding Sections.

Any personnel who is dismissed from the PNP pursuant to Sections 25,26,27,28, and 29
hereof shall be retired if he or she has rendered at least twenty (20) years of service
and separated if he or she has rendered less than twenty (20) years of service unless
the personnel is disqualified by law to receive such benefits.
33
MEMORANDUM CIRCULAR NO. 2008-005
PRESCRIBING POLICIES, PROCEDURES AND GUIDELINES GOVERNING THE

ATTRITION SYSTEM FOR UNIFORMED PERSONNEL OF THE PHILIPPINE
NATIONAL POLICE
Pursuant to Sections 24, 25, 26, 27, 28, 29 and 30 of Republic Act No. 8551,
otherwise known as the "Philippine National Police Reform and Reorganization Act of
1998, "the following policies, procedures, and guidelines governing the attrition of
uniformed personnel of the PNP are hereby issued for the guidance of all concerned.
Section 1. Purpose and Scope. - This Memorandum Circular prescribes the

policies, procedures, and guidelines that shall govern the implementation of the Attrition
System of Uniformed Personnel of the PNP thus, contributing to the transformation of
the PNP into a more capable, effective and credible police force.
This Circular shall be applicable to all PNP uniformed personnel who may be
retired or separated from the service under the different means of attrition provided
under Sections 24 to 29 of R.A. No. 8551,
Section 2. Definition of Terms. - To ensure clarity and consistency, the

following terms, as used in this Circular, shall be construed as:
a. Attrition - refers to the retirement or separation from the police service of

PNP Uniformed Personnel pursuant to any of the means mentioned in Sections 24 to 29
of R.A. No. 8551 and other means as provided in this Circular,
b. Attrition Action - refers to the action containing the findings and evidence
on a specific means of attrition filed by a particular Screening Committee before the
concerned Attrition Board.
c. Demotion in Position -refers to the designation of a personnel to a position
lower than what is established for his/her rank or not commensurate to his/her rank in
the PNP Table of Organization.
d. Field Training Program - refers to the training required to make the
temporary appointment of a new PNP member permanent.
e. Immediate Supervisor- refers to a person authorized to make the
performance evaluation rating of a PNP member.
f. Just Cause -refers to the legal grounds that would warrant the relief or
removal of a PNP member from his present position and designation in the PNP
Organization.
g. Mandatory Career Courses - refers to the required training for a PNP
member to be eligible for promotion to the next higher rank.
h. Maximum Tenure in Position - refers to the maximum cumulative period
for a PNP member to hold a particular position level.
i. Mental Incapacity - refers to a condition where a PNP member is unable to
exercise his/her reasoning faculties or incapable of understanding and acting with
discernment his/her duties and responsibilities as a result of illness or injury as may be
determined by the PNP Medical Screening Committee.
34
j. Non-Promotion - refers to the non-advancement to the next higher rank or
position beyond the maximum prescribed period.
k. Organic Personnel to a Unit- refers to a PNP member assigned to a
particular unit covered with appropriate PNP Assignment Orders.
l. Original Appointment- refers to the appointment for the initial entry of PNP
member to the PNP service who meets all the requirements of the position.
m. Party- refers to the Chairman of the Screening Committee or the
respondent.
n. Pendency of an Attrition Action - refers to the stage when the
endorsement of the PRO Regional Director or the NSU Director of a PCO Attrition Action
has been officially received by the concerned NHQ PCO Attrition Board through the NHQ
Screening Committee or when the NHQ/PRO/NSU Screening Committee Report of a
PNCO Attrition Action has been officially received by the NHQ/PRO/NSU Attrition Board.
o. Personnel Action on Attrition - refers to an action filed before the
Screening Committee based on a verified statement of an alleged means of attrition by
an initiating person.
p. Physical Fitness Test - refers to the method of evaluating the physical
condition of PNP members in terms of stamina, strength, speed, and agility,
q. Physical Incapacity - refers to the inability of a PNP member to perform
his/her duties and responsibilities due to physical defect/s as a result of disease or injury
as may be determined by the PNP Medical Screening Committee.
r. Poor Performance - refers to the poor rating in the promulgated PNP
Performance Evaluation Rating System.
s. Respondent - refers to the PNP member subjected to attrition proceedings.
t. Retirement - refers to the termination of employment and official relations of
a PNP member who rendered at least twenty (20) years of active service in the
government with payment of corresponding benefits.
u. Second Level PCO Ranks - refer to Police Commissioned Officers
(PCO) below the third level ranks in the PNP.
v. Second Level PNCO Ranks - refer to all ranks for Police Non Commissioned
Officers (PNCO).
w. Separation - refers to the termination of employment and official relations
of a PNP member who rendered less than twenty (20) years of active service in the
x. Third Level PCO Ranks- refer to Police Commissioned Officers (PCO) with
the rank of Police Senior Superintendent and higher.'
y. Total Permanent Physical Disability - refers to any impairment of the
body which renders PNP member indefinitely incapable of substantially performing the
mandated duties and functions of his position.
z. Waiver Program - refers to the waiver of the minimum age, height, weight,
and educational requirements for the initial appointment to the Philippine National Police
pursuant to existing laws and policies on this matter.
Section 3. Means of Attrition. -The following are the means of attrition as

provided under Sections 24 to 29 of R.A. No. 8551, including other grounds for attrition
as deemed necessary by the Commission:
a. Attrition by attainment of maximum tenure in position. .
35
1. The maximum cumulative tenure of PNP members holding key positions is
hereby prescribed as follows;

THE CHIEF, PNP Four(4) years
TDCA AND TDCO Four(4)years
TCDS Four(4) years
DIRECTORS OF THE D-STAFF Four (4) years
REGIONAL DIRECTORS, PROs Six (6) years
PROVINCIAL/CITY DIRECTORS Nine (9) years
2. Other positions higher than Provincial Director shall have the maximum tenure
of six (6) years. Unless earlier separated, retired or promoted to a higher position in
positions shall be compulsorily retired at the maximum tenure in position herein
prescribed or at age fifty-six (56), whichever is earlier. The term "positions higher than
provincial director" refers to other star rank positions with a maximum cumulative tenure
of six (6) years.
3. A Police Commissioned Officer shall be subjected to attrition proceedings if the
following elements concur;
a) The PCO designated to the position specified above has reached the maximum
cumulative period prescribed therein; and
b) He/she refuses to accept a position, under a different category,
commensurate to his/her rank despite existence of such vacancy, j
4. The reckoning point of the tenure is as provided for under Section 25,R.A.
No.8551.
b. Attrition by relief.
A PNP member, who has been relieved for cause and has not been given an
assignment within two (2) years from the effective date of such relief, shall be retired or
separated.
To warrant attrition, the following elements must concur:
1. The relief is for a just cause;

2. The PNP member has not been given any assignment within two (2) years
from his/her relief and there are available positions commensurate to his/her rank; and
3. The non-assignment for a continuous period of two (2) years is due to valid
reasons and/or reasons attributable to him/her, or his/her refusal to accept any position
commensurate to his/her rank.
The two (2) year period provided under Section 26, R.A. No. 8551 shall be
counted from the effective date of relief for cause. However, if the PNP member
concerned has been assigned to a position commensurate to his/her rank prior to the
issuance of this Circular, he or she, as the case may be, could no longer be subjected to
36
attrition proceedings regardless of the length of the intervening period before he/she
was given a new assignment.
c. Attrition by demotion in position:
A PNP member who is relieved and assigned to a position lower than what is
established for his/her rank in the PNP Staffing Pattern and who shall not be assigned to
a position commensurate to such rank despite the existence of a vacancy within
eighteen (18) months after his/her demotion in position shall be retired or separated.
1. A PNP member is relieved and assigned to a position lower than what is established
for his/her rank.
2. His/her designation to such lower position is attributable to him/her.
3. There exists a positional vacancy for the rank during the eighteen (18) months
reckoned after his/her demotion in position.
A PNP member who is promoted TNP rank but occupying a position lower than
what is called for by his/her present rank within three (3) months, despite availability of
commensurate positions, shall be attrited.
1. A PNP member is promoted in rank;

2. Said PNP member is occupying a position not commensurate to his/her present rank;
and
3. He/she refuses to relinquish said position within three (3) months from his/her
promotion in rank despite availability of commensurate positions.
d. Attrition by non-promotion.
A PNP member who has not been promoted for a continuous period of ten (10)
years shall be retired or separated.
To warrant attrition by non-promotion in rank, the following elements must
concur:
1. A PNP member has not been promoted in rank for a continuous period often
(10) years and there are existing vacancies for regular promotions;
2. Non-promotion in rank is due to the failure of the PNP member concerned to
satisfy the minimum qualification standards and/or comply with other requirements for
promotion to the next higher rank;
3. The PNP member was not promoted in rank even if he/she is within the zone of
consideration based on SLL and his/her non-inclusion in the promotion list is due to
reasons attributable to himself/herself.
The 10-year period as provided for under Section 28, R.A. No.8551 shall be
reckoned from the effectivity date of Rules and Regulations Implementing RA8551.
37
e. Attrition by other means.
A PNP member with at least five (5) years of accumulated active service shall be
separated based on any of the following factors:
1. Inefficiency based on poor performance during the last two (2) successive
annual rating periods.
To warrant attrition, a PNP member has been rated poor for four (4) successive
rating periods;
2. Inefficiency based on poor performance for three (3) cumulative

annual ratings.
To warrant attrition, a PNP member was rated poor for three (3) cumulative
annual ratings.
The reckoning period for attrition falling under (1) inefficiency based on poor
performance during the last two (2) successive annual rating periods, and (2)
inefficiency based on poor performance for three (3) cumulative annual rating periods,
shall be on January 1, 2008. Accordingly, the implementation of the Performance
Evaluation Rating System shall be given the widest dissemination to all uniformed
personnel nationwide.
3. Physical and/or mental incapacity to perform police functions and duties.
a) There is physical and/or mental incapacity which has been evaluated and
certified by the Medical Screening Committee as defined in existing PNP and NAPOLCOM
circulars on this matter.
b) The physical and mental incapacity renders the PNP member incapable of
performing police functions and duties.
Any PNP member who officially applies for optional retirement or Total
Permanent Physical Disability (TPPD) separation shall not be a subject of an attrition
proceeding under this means.
The reckoning date is the effectivity of R.A. No. 8551. If the physical and/or
mental incapacity of a PNP member had long been medically established and he/she is
still in the police service upon the effectivity of this Circular, the Medical Screening
Committee shall endorse such findings to the concerned Attrition Board for deliberation.
4. Failure to pass the required entrance examination twice and/or finish the required
career courses except for justifiable reasons.
To warrant attrition for failure to pass the entrance examination, the following
elements must concur:
38
a) A PNP member failed to pass twice the entrance examination required for a
mandatory career course; and
b) Such mandatory course is required for his/her promotion to higher rank.
To warrant attrition for failure to finish the required mandatory career courses,
the following elements must concur:
a) A PNP member was issued appropriate order to take the required career
course; and
b) He/She failed to finish the said mandatory career course without justifiable
reason and was not declared graduate by the training institution.
The reckoning point shall be the effectivity of this Circular.
5. Refusal to take a periodic PNP Physical Fitness Test without justifiable reason.
a) A schedule of the periodic PNP Physical Fitness Test has been published;
b) The PNP member failed to take the said test on scheduled date or on the special test
subsequently scheduled; and
c) The failure to take said test is without justifiable reason.
6. Failure to take PNP Physical Fitness Test for four (4) consecutive periodic
tests due to health reasons.

b) The PNP member failed to take the said test on scheduled date or on the
special test subsequently scheduled;
c) Failure to take said test is for health reasons as evaluated and certified by the
PNP Health Service; and
d) A PNP member failed to take four (4) consecutive periodic PNP Physical
Fitness Test due to health reasons,
7. Failure to pass PNP Physical Fitness Test for two (2) consecutive periodic tests
or four(4) cumulative periodic tests.
b) The PNP member failed to pass the said test on scheduled date or on the special test
subsequently scheduled;
c) Failure to pass said test as evaluated and certified by DHRDD; and
d) A PNP member failed to pass two (2) consecutive periodic tests or four(4) cumulative
periodic tests.
8. Non-compliance with the minimum qualification standards for the permanency

of original appointment.
39
a) The original appointment of the PNP member concerned was issued in temporary
status under the Waiver Program, Field Training Program, or due to lack of prescribed
eligibility; and
b) He/she failed to satisfy the requirement, for the adjustment for his/her appointment
from temporary to permanent status within the prescribed period.
Section 4. Creation, Composition, Functions and Jurisdiction of Attrition

Screening Committees and Attrition Boards. - For purposes of implementing the
PNP Attrition System, there shall be created and activated Attrition Screening
Committees and Attrition Boards at the different levels.
a. Creation.
1. The following Attrition Boards are hereby created:
a) NHQ 3rd Level PCO Attrition Board;
b) NHQ 2nd Level PCO Attrition Board;
c) NHQ PNCO Attrition Board;
d) PRO PNCO Attrition Board; and
e) NSU PNCO Attrition Board
2. The following Attrition Screening Committees are also hereby created:
a) NHQ Attrition Screening Committee;
b) PRO Attrition Screening Committee;
c) NSU Attrition Screening Committee; and
d) NHQ Medical Screening Committee.
b. Composition of Attrition Boards.
1. NHQ 3rd Level PCO Attrition Board.
The Deputy Chief PNP for Administration Chairman

The Deputy Chief PNP for Operation Vice-Chairman
The Chief Directorial Staff Member
The Director for Personnel and Records Management Member
The Director for Intelligence Member
The Director for Operations Member
The Director For Logistics Member
The Director for Police Community Relations Member
The Director for Comptrollership Member
The Director for Plans Member
The Director for Investigation and Detective Management Member
The Director for Human Resource and Doctrine Development Member
The Director for Research and Development Member
The Director, Health Service Member
The Director, Legal Service Member
Senior Female, PCO Representative Member
Chief, PTD, DPRM Head Secretariat
40
2. NHQ 2nd Level PCO Attrition Board.
The Chief Directorial Staff Chairman

The Deputy Director for Personnel and Records Management Vice-Chairman
The Deputy Director for Intelligence Member
The Deputy Director for Operations Member
The Deputy Director For Logistics Member
The Deputy Director for Police Community Relations Member
The Deputy Director for Comptrollership Member
The Deputy Director for Plans Member
The Deputy Director for Investigation and Detective Management Member
The Dep Dir for Human Resource and Doctrine Development Member
The Deputy Director for Research and Development Member
The Deputy Director, Health Service Member
The Deputy Director, Legal Service Member
Female, PCO Representative (Not lower than PSUPT) Member
Assistant Chief, PTD, DPRM Head Secretariat
3. NHQ PNCO Attrition Board.
The Director for Personnel and Records Management Chairman

Executive Officer, DHRDD Vice-Chairman
Executive Officer, Dl Member
Executive Officer, DO Member
Executive Officer, DL Member
Executive Officer, DPCR Member
Executive Officer, DC Member
Executive Officer, DIDM Member
Executive Officer, DPL Member
Executive Officer, DRD Member
Representative, Health Service Member
Representative, Legal Service Member
Command Executive Senior Police Officer Member
Senior Female PNCO Representative (SP04) Member
Chief, Attrition Section, PTD, DPRM Head Secretariat
4. PRO PNCO Attrition Board.
Deputy Regional Director for Administration Chairman

Deputy Regional Director for Operations Vice-Chairman
Chief, Regional Directoral Staff Member
All Chiefs of Functional Staff Member
Chief, Regional Legal Service Member
Chief, Regional Health Service Member
Regional Executive Senior Police Officer Member
Chief, Personnel Transaction Section, RPHRDD Head Secretariat
41
5. NSU PNCO Attrition Board.
Deputy Director for Administration Chairman

Deputy Director for Operations (if applicable) Vice-Chairman
Chief Directoral Staff Vice-Chair/Member
Legal Service Representative Member
Medical Officer, Health Service Member
NSU Executive Senior Police Officer Member
Deputy Chief, Admin/Personnel Staff Head Secretariat
c. Composition Screening Committees:
1. NHQ Screening Committee
Executive Officer, DPRM Chairman

Chief, PTD, DPRM Vice-Chairman
Chief, BPAD, DPRM Member
Chiefs, RMD, DPRM Member
Chief, RSD, DPRM Member
Representative, LS Member
Representative from PNPGH Member
Chief Clerk, DPRM (excluded from PCO screening) Member
Chief, Attrition Section, PTD, DPRM Head Secretariat
2. PRO Screening Committee
Asst. Chief, RPHRDD Chairman

Asst. Chief, RIDMD Vice-Chairman
All Assistant Chiefs of the other Functional Staff Member
Representative from the Regional Legal Service Member
Asst. Chief, Regional Health Service Member
Chief Clerk, RPHRDD (excluded from PCO screening) Member
Chief, Attrition Section, RPHRDD Head Secretariat
3. NSU Screening Committee
Asst. Chief, ADPRM Chairman

Asst. Chief, ADIDM Vice-chairman
All Assistant Chiefs of the other Functional Staff Members
Representative from the Regional` Legal Service Members
Representative Health Service Members
Chief Clerk, ADPRM (excluded from PCO screening) Members
Chief, Attrition Section, ADPRM Head Secretariat
42
4. NHQ Medical Screening Committee
Deputy Director, Health Service Chairman

Chief, PNPGH Vice-chairman
Chief of Clinics Members
Chief, Orthopedics Members
Chief, General Surgery Members
Chief, Internal Medicine Members
Chief, Neuro Psychiatry Members
Chief, Urology Members
Chief, OB Gyne Members
Chief, EENT Members
Chief, Dental Members
Legal Service Representative Members
HRDD Representative for PPT Members
Chief, Benefits and Pension Administration Division, DPRM Members
Chief, Physical Examination Section Head, Secretariat
c. Functions.
1. Screening Committees.
a) Upon receipt of a case, gather, receive and process pertinent documents/data
that would establish the probable existence of a means of attrition; and
b) Conduct initial investigation and assessment on the case at bar and submit, through
the Secretariat, and present its findings to the concerned Attrition Board.
2. Attrition Boards.
a) Deliberate on all cases of attrition submitted by the concerned Attrition
Screening Committee in accordance with this Circular;
b) Mark all evidence thru the Board Secretariat.
c) Recommend to the proper authority the retirement, separation or retention of
PNP member subjected to attrition proceedings;
d) Act on motion for reconsideration filed by the concerned party.
d. Jurisdiction.
1. The NHQ 3rd level PCO Attrition Board shall have jurisdiction over attrition
cases of Police Commissioned Officers holding the rank of Police Senior Superintendent
and above.
2. The NHQ 2nd level PCO Attrition Board shall have jurisdiction over attrition
cases of Police Commissioned Officers holding the rank of Police Inspector to Police
Superintendent.
3. The NHQ PNCO Attrition Board shall have jurisdiction over attrition cases of
Police Non-Commissioned Officers organic to offices of National Headquarters and all
cases referred by the Medical Screening Committee.
4. The PRO and NSU PNCO Attrition Boards shall have jurisdiction over attrition
cases of Police Non-Commissioned Officers organic to their units.
43
5. The NHQ Screening Committee shall have the authority to determine whether
a PNP member organic to offices at the National Headquarters shall be recommended
for attrition proceedings.
6. The PRO Screening Committee shall have the authority to determine whether
a PNP member to a particular Police Regional Office shall be recommended for attrition
proceedings.
7. The NSU Screening Committee shall have the authority to determine whether
a PNP member organic to a particular National Support Unit shall be recommended for
attrition proceedings.
8. The NHQ Medical Screening Committee shall have the authority to determine
whether a PNP member should be recommended for attrition proceedings due to
physical and/or mental incapacity.
Sections. Attrition Proceedings.
a. Commencement of Action
1. How Initiated. -A personnel action on attrition may be initiated by filing of a

formal and verified statement with evidence in support thereof before the DPRM or
DHRDD or its PRO/NSU counterparts;
2. Who may Initiate. - The following may initiate a personnel action on attrition:
a) The head of office or unit or immediate supervisor; and
b) Any PNP member or NAPOLCOM Personnel who has personal knowledge that
a member of the PNP is subject for possible attrition.
Any civilian who has personal knowledge that a PNP member is a subject for
possible attrition due to mental and/or physical incapacity, may submit a verified report
to the concerned PNP unit.
3. Where to File. - The personnel action on attrition against a PNP member shall
be filed before the concerned Screening Committee thru the concerned Attrition Section
as provided in this Circular.
4. Contents of the Personnel Action-The personnel action on attrition shall
contain the following:
a) Rank, full name, and office/unit of the respondent;
b) Means of attrition;
c) A narration of pertinent facts and data that will help the Screening Committee
in its deliberation;
d) Rank, full name and designation of the person initiating the personnel action;
and
e) Verification.
b. Evaluation by the Screening Committee and Filing of Action before the Attrition Board.
1. Recording of Personnel Action. - Upon receipt, all personnel action on attrition

for initial assessment and inquiry shall be stamped on its face the date and time of its
receipt with an assigned reference number, and shall be recorded in the committee
journal exclusively maintained for that purpose.
2. Initial Assessment and Inquiry. - Upon endorsement of the personnel action
on attrition to the concerned Screening Committee, it will conduct an initial assessment,
44
inquiry and other processes as provided herein and submit to the concerned Attrition
Board its findings and forward all relevant documents within ten working (10) days from
the receipt thereof.
3. Filing before the Attrition Board:
a) The attrition action shall be deemed formally filed and pending upon receipt
and entry of the same in the official journal of the board. The Board, tasked to maintain
the official journal of attrition proceedings, shall inform the Directorate for Personnel
and Records Management (DPRM) of the status of all proceedings, as well as the PNP
unit where the respondent is assigned; and
b) A journal shall be maintained by the said Board and shall contain, among
others, the following data of the proceedings: date and time of receipt from the
Screening Committee, the case number, the name of the respondent, the means of
attrition he is subjected to, the date decision was rendered; date the motion for
reconsideration was filed; date the decision became final and certificate of finality was
issued; and other relevant and material data.
c. Attrition Proceedings Proper
1. Summons. - Within three (3) days upon receipt of the attrition action by the
Board, the Head Secretariat shall issue the summons to be served upon the respondent,
directing him/her to submit his/her memorandum within five (5) days from receipt
thereof, together with evidence to prove his/her non-attritability from the police service.
The summons shall include the verified statement of personnel action on attrition
and evidence supporting the latter action. The summons shall also include an advice
that the respondent may avail of his/her right to counsel.
2. Convening of the Attrition Board - Within three (3) days of the memorandum,
the Head Secretariat shall immediately Attrition Board requiring the personal
appearance of the respondent.
3. Quorum - A simple majority among the regular members of the Attrition Board
shall constitute a quorum in a proceeding.
4. Memorandum. -The memorandum shall be in writing, under oath and must
contain material facts, which may either be a specific denial or affirmation of the
allegations in the complaint. It shall be accompanied by documentary or other evidence,
if there be any, in support of the defense. It shall also contain a list of witnesses and
their individual addresses, whenever appropriate.
The memorandum shall be filed with the concerned Board, through the
Secretariat, in three (3) copies personally or by registered mail.
Any subsequent memorandum submitted to the Board may be done through

registered mail and it is deemed filed on the date and hour of receipt
stamped by the post office on the envelope. Said envelope shall be kept and made an
integral part of the memorandum and records of the case.
5. Effects of Failure to file a Memorandum and to Appear- Failure of the

respondent to file a memorandum within the reglementary period shall be
considered a waiver of his/her to present evidence m'\ his/her favor. Failure of the
respondent to appear before the concerned attrition board despite due notice shall be
45
considered a waiver of his/her right to be present and to be heard. In the latter case,
the attrition proceedings may then proceed ex- parte.
6. Order of Attrition Proceedings. –the order of the attrition proceedings shall be

as follows:
a) The Chairman of the concerned Screening Committee shall present its findings
on the personnel action on attrition;
b) The respondent shall then present evidence in support to hisnon-attritability;
c) The proceeding is general y summary in nature. The presentation of witnesses
may be allowed only upon the discretion of the Chairman of the Board. Documents
presented during the proceedings may be examined by the other party. Sworn
statements/affidavits of witnesses, after proper identification and affirmation on the
truth of the contents thereof, shall take the place of their oral testimony; and
d) Clarificatory questions may be allowed, if requested by either party, but shall
be confined strictly to the material and relevant matters in the interest of equity and
justice.
7. Postponement. - Postponement of the attrition proceedings should be

discouraged and shall be allowed only in highly meritorious cases.
8. Termination of Attrition Proceedings. - The attrition proceedings shall be
terminated within twenty (20) working days from the date the Board first convened.
9. Submission of Position Papers. -The Attrition Board may require the
respondent to submit his position paper within five (5) working days from the
date the order to submit position paper is received.
10. Respondent Found Attritable for a Means of Attrition Different from which he
was initially subjected to. - A respondent may be attrited under a means different from
which he was initially subjected to: Provided, that the elements of the said different
means for which he/she may be attrited are proven after the respondent has been given
the opportunity to contest the same.
11. Final Deliberation. - Within two (2) days from the termination of the attrition
proceedings or from receipt of the position paper, if required, the Attrition Board shall
meet for final deliberation. The Chairman shall designate a board member to prepare
the board resolution. The designated board member shall have ten (10) working days to
prepare the board resolution.
A majority vote of members present constituting a quorum can render a valid
resolution,
12. Submission of the Resolution. -The Attrition Board shall submit its resolution
to the appropriate approving authority. A copy shall likewise be furnished to the
respondent. The filing of a Motion for Reconsideration by any party may be allowed on
the following grounds:
a) Newly discovered evidence which, if presented, would materially affect the
resolution rendered; or
b) Errors of law or irregularities have been committed prejudicial to the
substantial rights and interest of the movant.
13. Contents of Resolution.- The Resolution shall contain the full name, rank and
assignment of the respondent; the means of attrition and its elements; a brief statement
of the material and relevant facts; the findings as
46
established during the attrition proceedings based on applicable laws, rules and
regulations, jurisprudence; conclusion; and recommendation.
14. Finality of Decision. -The decision of the appropriate approving authority
imposed upon a PNP member shall be final and executory when no Motion for
Reconsideration or appeal within the period provided under this Memorandum Circular.
However, the filing of a motion for reconsideration shall stay the implementation of the
decision.
15. Motion for Reconsideration. - The respondent may file a motion for
reconsideration from the decision rendered by the appropriate approving authority
within ten (10) days from receipt of a copy of the decision.
The filing of a motion for reconsideration shall not stay the execution of the
decision sought to be reconsidered. Only one (1) motion for reconsideration shall be
allowed and the same shall be considered and decided by the disciplinary authority
within five (5) days from receipt thereof.
16. Allowable Motion - No motion or pleading shall be allowed except Motion to

Dismiss and Motion for Reconsideration.
17. Appeal - Except for third level PCO's, the decisions of the Approving Authority
may be appealed to the Commission En Bane and shall be taken by the respondent by
filing a notice of appeal with the Approving Authority within ten (10) days from receipt
of a copy of the decision, copy furnished the concerned Attrition Board.
18. Notice of Appeal and Memorandum On Appeal - (a) A Notice of Appeal shall
be filed in three (3) legible copies which shall contain the following: 1) the material
dates showing that it was filed on time; 2) the assignment of the specific errors of fact
or law, or both, allegedly committed by the Approving Authority.
The respondent-appellant shall submit a Memorandum on Appeal in
three (3) legible copies not later than fifteen (15) days from the filing of the notice of
appeal. However, the memorandum on appeal maybe submitted upon filing the notice
of appeal. Proof that copy of the memorandum on appeal was served to the Attrition
Board must be submitted by the respondent-appellant.
19. Alternative Remedies - Plea for optional retirement or other mode of
separation from the police service by the respondent before the Attrition Board at any
stage of the attrition proceedings before the final board deliberation shall automatically
terminate the attrition action.
20. Effect of Death. - Death of the respondent during the pendency of the
attrition action shall terminate the proceedings. Barring legal impediments, the
personnel concerned shall be posthumously separated or retired.
21. Records of Proceedings. - The entire attrition proceedings shall be recorded
and transcribed.
Section 6. Approving Authority. - The following are the approving authority

for the attrition:
a. The President of the Philippines shall be the approving authority for the
attrition of third level PCOs.
b. The Chief, PNP shall be the approving authority for the attrition of all second
level PCOs and PNCOs organic to offices at the National Headquarters.
47
c. The Regional Director shall be the approving authority for the attrition of all
PNCOs organic to their respective PRO.
d. The NSU Director shall be the approving authority for the attrition of all PNCOs
organic to their respective NSU.
Section 7. Statement of Policies. - In the processing and evaluation of PNP

members for attrition, the following policies shall be observed:
a. The PNP shall maintain a capable, effective, credible and productive
workforce. Toward this end, it shall ensure that all its personnel are qualified and fit,
physically, mentally and emotionally, to render police service.
b. The attrition system pursuant to Sections 24 to 29 of R.A. No. 8551 shall be
implemented as an organizational tool to promote professionalism, competency and
efficiency in the police service. It shall be implemented with utmost objectivity and
impartiality, always giving due regard to and consideration of the constitutional rights to
due process.
c. The DPRM shall institutionalize mechanisms in the implementation of the
attrition system such as; but not limited to, monitoring the tenure in office of police
officers occupying the key positions and granting of retirement/separation benefits.
d. All attrition proceedings shall be dealt with expeditiously so as not to prejudice
the interest of police service.
e. As a matter of procedure, the head of office/unit, after cognizance of a case,
shall be responsible in referring said case to the concerned Attrition
Screening Committee, through proper channels.
f. The individual performance of all PNP members shall be evaluated in
accordance with existing Circular on the matter. All heads of offices/units shall ensure
that every PNP member gets a performance rating he/she deserves.
g. The proceedings of the Screening Committees shall be fact-finding in nature.
On the other hand, the deliberations of the Attrition Boards shall be
adjudicatory in character.
h. As provided for in Section 30, R.A. No. 8551, a PNP member attrited under
this Circular shall be retired if he/she has at least 20 years of service or shall be
separated if he/she has less than 20 years of service and receive pertinent benefits,
unless he/she is disqualified by law to receive such benefits.
i. A PNP member who has been retired or separated from the police service
through attrition shall not be reemployed in the PNP.
j. The retirement or separation of a PNP member from the police service based
on attrition shall be effective upon the date of approval of the decision.
k. The PNP shall include in its annual budget proposal the fund requirement for
attrition. In the meantime, the PNP shall request DBM for supplemental budget starting
fiscal year 2007 to support the funds required to cover the payment of
separation/retirement benefits of personnel who will be attrited from the police service.
In case of budgetary constraints, the fiscal procedures being applied in optional
retirement shall be followed.
l. Priority for attrition shall be those with medical cases which have eaten much
of the Reimbursement Hospitalization Expense (RHE) budget of the PNP.
m. In implementing the various means of attrition, the PNP shall start from the
highest ranked PCOs to the lowest ranked PNCOs.
48
n. The pendency of an attrition action shall be a bar to promotion in rank,
placement to any sensitive and/or key position and personnel movement within and
outside the PNP.
o. Any PNP member due for compulsory retirement within one (1) year
shall not be subjected for attrition.
p. An attrition action shall proceed notwithstanding the existence of an
administrative case punishable by dismissal from the service. The grant of attrition
benefits shall be held in abeyance and subject to the decision of the
administrative case.
q. PNP members who lack training and/or eligibility shall be given 18 months to
obtain the lacking qualification for promotion after the effectivity of
this Circular.
Section 8. General Guidelines.
a. The PNP shall formulate the Rules and Regulations Implementing (RRI) this
Circular within thirty (30) days from its effectivity.
b. All PROs/NSUs shall create their respective Attrition Sectionunder
RPHRRD/ADPRM immediately.
c. All Screening Committees and Attrition Boards shall be organized, activated
and constituted within five (5) days from the effectivity of the RRI of this circular.
d. The Chairs of the Attrition Boards and the Screening Committees shall ensure
that their respective members are knowledgeable about the attrition system and the
Rules and Regulations Implementing this Circular.
e. All Attrition Boards and Screening Committees shall have free access to all
records, data, information and necessary support from any ; PNP office/unit in the
implementation of this Circular.
f. All approved and final decisions in attrition actions shall be covered by
appropriate NHQ orders. Orders issued by PRO/NSU shall be confirmed by NHQ through
the issuance of confirmation orders by DPRM.
g. Administrative officers of NHQ offices, Chiefs, RPHRDDs of PROs, and ADPRMs
of NSUs shall process-out the attrited personnel from the service without delay including
payment of benefits due.
Section 9. Amending Clause - All issuances contrary to or inconsistent with

this Circular are hereby amended accordingly.
Section 10. Penalty Clause. - Any violation of this Circular shall be a

ground for administrative sanction in accordance with existing laws, rules and
regulations.
Section 11. Effectivity. - This Memorandum Circular shall take effect after
fifteen (15) days from the filing of a copy hereof at the University of the Philippines Law
Center in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order
No. 292, otherwise known as "The Revised Administrative Code of 1987", as amended.
RULES AND REGULATIONS IMPLEMENTING NAPOLCOM MEMORANDUM CIRCULAR No.

2008-005, ENTITLED: "PRESCRIBING POLICIES, PROCEDURES AND GUIDELINES
49
GOVERNING THEATTRITION SYSTEM FOR UNIFORMED PERSONNEL OF THE
PHILLIPINE NATIONAL POLICE."
Pursuant to Section 8a of NAPOLCOM Memorandum Circular No. 2008-

005, the following rules and regulations are hereby promulgated to implement the
provisions governing the attrition of uniformed personnel of the PNP in reference to
Sections 24, 25, 26, 27, 28, 29 and 30 of Republic Act No. 8551 otherwise known as the
"Philippine National Police Reform and Reorganization Act of 1998."
Section 1. Purpose and Scope. — This IRR shall implement the Circular and
applies to all PNP uniformed personnel who may be retired or separated from the
service under the different means of attrition provided under Sections 24 to 29 of
R.A.No.8551.
Section2. Statement of Policies. — These rules and regulations shall be
interpreted in the light of the Statement of Policies found in Section 7 of the Circular as
follows:
a. The PNP shall maintain a capable, effective, credible and productive
workforce. Toward this end, it shall ensure that all its personnel are qualified and fit
physically, mentally and emotionally to render police service;
b. The attrition system pursuant to Sections 24 to 29 of R.A. No. 8551 shall be
implemented as an organizational tool to promote professionalism, competence, and
efficiency in the police service. It shall be implemented with utmost objectivity and
impartiality, always giving due regard to and consideration of the constitutional rights to
due process;
c. The Directorate for Personnel and Records Management (DPRM) shall
institutionalize mechanisms in the implementation of the attrition system such as, but
not limited to, monitoring the tenure in the office of police officers occupying the key
positions and granting of retirement/separation benefits;
d. All attrition proceedings shall be dealt with expeditiously so as not to prejudice
the interest of police service; :
e. As a matter of procedure, the head of office/ unit, after cognizance of a case,
shall be responsible in referring said case to the concerned Attrition Screening
Committee, through proper channels;
f. The individual performance of all PNP members shall be evaluated in
accordance with existing Circular on the matter. All heads of offices/ units shall ensure
that every PNP member gets a performance rating he/she deserves;
g. The proceedings of the Screening Committee shall be fact finding in
nature. On the other hand, the deliberations of the Attrition Board shall adjudicatory in
character;
h. As provided for in section 30, R.A. No. 8551, a PNP member attrited
under the Circular shall be retired if he/she has at least 20 years of service or shall be
separated if he/she has less than 20 years of service and receive pertinent benefits,
unless he/she is disqualified by law to receive such benefits;
i. A PNP member who has been retired or separated from the police
service through attrition shall not be reemployed in the PNP;
j. The retirement or separation of a PNP member from the police service based
on attrition shall be effective upon the date of approval of the decision;
50
k. The Directorate for Comptrollership (DC) shall include in its preparation of the
PNP annual budget proposal the fund requirement for attrition. In the meantime, the
PNP shall request DBM for supplemental budget starting fiscal year 2007 to support the
funds required to cover the payment of separation/ retirement benefits of personnel
who will be attrited from the police service. In case of budgetary constraints, the fiscal
procedures being applied on optional retirement shall be followed;
l. Priority for attrition shall be those with medical cases which have depleted the
Reimbursement Hospitalization Expense (RHE) budget of the PNP;
m. In implementing the various means of attrition, the PNP shall start from the
highest ranked PCOs to the lowest ranked PCOs;
n. The pendency of an attrition action shall be a bar to promotion on rank,
placement to any sensitive and/or key position and personnel movement within and
outside the PNP;
o. Any PNP member due for compulsory retirement within one (1) year shall not
be subjected for attrition;
p. An attrition action shall proceed notwithstanding the existence of an
administrative case punishable by dismissal from the service. The grant of separation
benefits due to attrition shall be held in abeyance pending resolution of the
administrative case;
q. PNP members who lack training and/or eligibility shall be given 18
months to obtain the lacking qualification for promotion after the effectivity of this
Circular;
Section 3. Definition of Terms. - To ensure clarity and consistency, the

following terms as used in this Rules and Regulations, shall be construed as:
a. Attrition - refers to the retirement or separation from the police service of PNP
Uniformed Personnel pursuant to any of the means mentioned in Sections 24 to 29 of
RA No. 8551 and other means as provided for in the Circular.
b. Attrition Action - refers to the action containing the findings and
evidence on a specific means of attrition filed by a particular Screening Committee
before the concerned Attrition Board.
c. Answer- refers to a pleading in which a respondent or other adverse
party sets forth the negative and affirmative defenses upon which he/she relies on.
d. Circular- refers to the NAPOLCOM Memorandum Circular 2008-005,
entitled: "Prescribing Policies, Procedures and Guidelines Governing the Attrition System
for Uniformed Personnel of the Philippine National Police."
e. Demotion in Position - refers to the designation of personnel to a
position lower than what is established for his/her rank or not commensurate to his/her
rank in the PNP Table of Organization.
f. Field Training Program - refers to the training required to make the
Temporary appointment of a new PNP member permanent.
g. Immediate Supervisor- refers to a PNP personnel authorized to make the
performance evaluation rating of a uniformed PNP personnel.
h. Initiating Person - refers to any natural or juridical person who has personal
knowledge and has submitted a verified report to the concerned office that a PNP
member is subject for a possible attrition. |
51
i. Just Cause - refers to the legal ground that would warrant the relief or
removal of a PNP member from his present position ;and designation in the PNP
Organization.
j. Mandatory Career Courses - refers to the required training for a PNP member
to be eligible for promotion to the next higher rank.
k. Maximum Tenure in Position - refers to the maximum cumulative period for a
PNP member to hold a particular position.
l. Mental Incapacity - refers to a condition wherein a PNP member is unable to
exercise his/her reasoning faculties or is incapable of understanding and acting with
discernment his/her duties and responsibilities as a police officer as a result of illness or
injury as may be determined by the PNP Medical Screening Committee.
m. Non-Promotion- refers to the non-advancement to the next higher rank or
position beyond the maximum prescribed period.
n. Organic Personnel to a Unit - refers to a PNP member assigned to a
particular unit covered with appropriate PNP Assignment Orders.
O. Original Appointment - refers to the appointment for the initial entry of PNP
member to the PNP service who meets all the requirements of the position.
p. Party - refers to the Chairman of the Attrition Board, Chairman of the
Screening Committee, or the respondent.
q. Pendency of an Attrition Action - refers to the stage when the endorsement of
the PRO Regional Director or the NSU Director of a PCO Attrition Action has been
officially received by the concerned NHQ PCO Attrition Board through the NHQ
Screening Committee or when the NHQ/PRO/NSU Screening Committee Report of a
PNCO Attrition Action has been officially received by the NHQ/PRO/NSU Attrition Board.
r. Personnel Action on Attrition - refers to an action filed before the Screening
Committee based on a verified statement of an alleged means of attrition by an initiating
person.
s. Physical Fitness Test ~ refers to the method of evaluating the physical
condition of PNP members in terms of stamina, strength, speed and agility as
administered by DHRDD.
t. Physical Incapacity- refers to the inability of a PNP member to perform
his/her duties and responsibilities as a police officer due to physical defect/s as a result
of disease or injury as may be determined by the PNP Medical Screening Committee.
u. Physical Profile System - refers to the medical profile indicators categorized as
P1 to P4 that determine the functional ability of an individual to perform all police duties
and functions taking into consideration the functions of the various organ systems and
integral parts of the body as follows:
1) P1 - refers to uniformed PNP personnel who may engage in fatiguing work,
marching and prolonged hand-to-hand fighting for long periods of time. Free from any
disease.
2) P2- refers to uniformed PNP personnel who may be exposed to the rigors as
P1, but may have minor defects as slight limitation of movements. Free from any
disease.
3) P3 - refers to uniformed PNP personnel who may serve in operations support
capacities including ability to work long periods of time and defend himself in close
encounters.
4) P4 - refers to total permanent physical disability.
52
v. PNP Table of Organization - refers to the existing and operating positions as
approved by the C, PNP.
w. Poor Performance - refers to the poor rating in the promulgated PNP
Individual Performance Evaluation Rating System.
x. Promotion in Position - refers to the advancement of PNP personnel
from one position to another with an increase in duties and responsibilities as
authorized by law.
y. Promotion in Rank- refers to the ascension in rank of a PNP personnel or one
degree higher than his previous rank based on merit system.
z. Respondent - refers to the PNP member subjected to attrition proceedings.
aa. Retirement - refers to the termination of employment and official
relations of a PNP member who rendered at least twenty (20) years of active service in
the government with payment of corresponding benefits.
bb. Second Level PCO Ranks - refer to Police Commissioned Officers (PCO) below
the third level ranks in the PNP.
cc. Second Level PNCO Ranks - refer to all ranks for Police Non- Commissioned
Officers (PNCO).
dd. Separation - refers to the termination of employment and official relations of
a PNP member who rendered less than twenty (20) years of active service in the
ee. Third Level PCO Ranks- refer to Police Commissioned Officers (PCO) with the
rank of Police Senior Superintendent and higher.
ff. Total Permanent Physical Disability - refers to any impairment of the body
which renders PNP member indefinitely incapable of substantially performing the
mandated duties and functions of his position. Specifically, it refers to any impairment of
the mind or body which renders a PNP personnel incapable of performing substantially
his/her duties and which is expected to be long, continuous and of indefinite duration,
i.e. irreparable loss of speech, or sense of hearing, or loss of one or both eyes, or loss of
one or both hands or feet ,loss of both arms at or above the wrist, loss of one or both
legs or above the ankles, paralysis of one or both upper or lower limbs, or brain injury
resulting in incurable imbecility or insanity. In all cases the disability shall deemed
permanent if it has persisted for a period exceeding two (2) years without fixed healing
period and renders the PNP member incapable of performing his/her duties. In case the
inability is found to be permanent beyond doubt upon examination of said member, the
waiting period of two (2) years may be waived.
gg. Waiver Program - refers to the waiver of the minimum age, height,
weight and educational requirements for the initial appointment to the Philippine
National Police pursuant to existing laws and policies on this matter.
Section 4. Means of Attrition. - The following are the means of attrition as provided
under Sections 24 to 29 of R.A. No. 8551, including other grounds as provided for by the
Circular:
a. Attrition by attainment of maximum tenure in position:
53
1. The maximum cumulative tenure of PNP members holding key positions is hereby
prescribed as follows:

THE CHIEF, PNP Four(4) years
TDCAANDTDCO Four(4) years
TCDS Four (4) years
DIRECTORS OF THE D-STAFF Four(4) years
REGIONAL DIRECTORS, PROs Six(6)years
PROVINCIAL/CITY DIRECTORS Nine (9) years
2. Other positions higher than Provincial Director shall have the maximum tenure
of six (6) years. Unless earlier separated, retired or promoted to a higher position in
positions shall be compulsorily retired at the maximum tenure in position herein
prescribed or at age fifty-six (56), whichever is earlier. The term "positions higher than
provincial director" refers to other star rank positions with a maximum cumulative tenure
of six (6) years.
3. A Police Commissioned Officer shall be subjected to attrition proceedings if the
following elements concur:
a) The PCO designated to the position specified above has reached the maximum
cumulative period prescribed therein; and
b) He/she refuses to accept a position, under a different category,
commensurate to his/her rank despite existence of such vacancy.
4. The reckoning point of the tenure is as provided for under Section 25, R.A.
No. 8551 which is January 11, 1999ortheeffectivitydateofthe IRR of RA 8551.
b. Attrition by relief:
A PNP member, who has been relieved for cause and has not been given an
assignment within two (2) years from the effective date of such relief, shall be retired or
separated.

1. The relief is for a just cause;
2. The PNP member has not been given any assignment within two (2) years
from his/her relief and there are available positions commensurate to his/her rank;
and
3. The non-assignment for a continuous period of two (2) years is due to valid
reasons and/or reasons attributable to him/her, or his/her refusal to accept any position
commensurate to his/her rank.
The 2-year period provided under Section 26, R.A. No. 8551 shall be counted
from the effective date of relief for cause. However, if the PNP member concerned has
been assigned to a position commensurate to his/her rank prior to the issuance of this
Circular, he or she, as the case may be, could no longer be subjected to attrition
54
proceedings regardless of the length of the intervening period before he/ she was given
a new assignment.
c. Attrition by demotion in position:
A PNP member who is relieved and assigned to a position lower than what is
established for his/her rank in the PNP Staffing Pattern and who shall not be assigned to
a position commensurate to such rank despite the existence of a vacancy within
eighteen (18) months after his/her demotion in position shall be retired or separated.
1. A PNP member is relieved and assigned to a position lower than what is established
for his/her rank.
2. His/her designation to such lower position is attributable to him/her.
3. There exists a positional vacancy for the rank during the eighteen (18) months
reckoned after his/her demotion in position.
A PNP member who is promoted in rank but occupying a position lower than
what is called for by his/her present rank within three (3) months, despite availability of
commensurate positions, shall be attrited.
1. A PNP member is promoted in rank;

2. Said PNP member is occupying a position not commensurate to his/her present rank;
and
3. He/she refuses to relinquish said position within three (3) months from his/her
promotion in rank despite availability of commensurate positions.
d. Attrition by non-promotion.
A PNP member who has not been promoted for a continuous period of ten (10)
years shall be retired or separated.
To warrant attrition by non-promotion in rank, the following elements must

concur:
1. A PNP member has not been promoted in rank for a continuous period often
(10) years and there are existing vacancies for regular promotions;
2. Non-promotion in rank is due to the failure of the PNP member concerned to
satisfy the minimum qualification standards and/or comply with other requirements for
promotion to the next higher rank;
3. The PNP member was not promoted in rank even if he/she is within the zone
of consideration based on SLL and his/her non-inclusion in the promotion list is due to
reasons attributable to himself/herself.
55
The 10-year period as provided for under Section 28, R.A. No. 8551 shall be
reckoned from the effectivity date of Rules and Regulations Implementing RA8551 or on
January 11,1999.
e. Attrition by other means.
A PNP member with at least five (5) years of accumulated active service shall be
separated based on any of the following factors:
1. Inefficiency based on poor performance during the last two (2) successive
annual rating periods.
To warrant attrition, a PNP member has been rated poor for four (4) successive
rating periods.
2. Inefficiency basedon poor performance for three (3) cumulative annual ratings.
To warrant attrition, a PNP member was rated poor for three (3) cumulative
annual ratings.
The reckoning period for attrition falling under (1) inefficiency based on poor
performance during the last two (2) successive annual rating periods, and (2)
inefficiency based on poor performance for three (3) cumulative annual rating periods,
shall be on January 1, 2008. Accordingly, the implementation of the Performance
Evaluation Rating System shall be given the widest dissemination to all uniformed
personnel nationwide.
3. Physical and/or mental incapacity to perform police functions and duties.

a) There is physical and/or mental incapacity which has been evaluated and
certified by the Medical Screening Committee as defined in existing PNP and
NAPOLCOM circulars on this matter.
b) The physical and mental incapacity renders the PNP member incapable of
performing police functions and duties.
Any PNP member who officially applies for optional retirement or Total
Permanent Physical Disability (TPPD) separation shall not be a subject of an attrition
proceeding under this means.
The reckoning date is the effectivity of R.A. No. 8551. If the physical and/or
mental incapacity of a PNP member had long been medically established and he/she is
still in the police service upon the effectivity of this Circular, the Medical Screening
Committee shall endorse such findings to the concerned Attrition Board for deliberation.
4. Failure to pass the required entrance examination twice and/or finish the
required career courses except for justifiable reasons.
To warrant attrition for failure to pass the entrance examination, the following
elements must concur:
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a) A PNP member failed to pass twice the entrance examination required for a
mandatory career course; and
b) Such mandatory course is required for his/her promotion to higher rank.
To warrant attrition for failure to finish the required mandatory career courses,
the following elements must concur:
a) A PNP member was issued appropriate order to take the required career
course; and
b) He/She failed to finish the said mandatory career course without justifiable
reason and was not declared graduate by the training institution.
The reckoning point shall be the effectivity of this Circular.
5. Refusal to take a periodic PNP Physical Fitness Test without justifiable reason.

b) The PNP member refused to take the PFT;
c) The PNP member failed to take the said test on scheduled date or on the special test
subsequently scheduled; and
d) The failure to take said test is without justifiable reason,
6. Failure to take PNP Physical Fitness Test for four (4) consecutive periodic
tests due to health reasons.
b) The PNP member failed to take the said test on scheduled date or on the
c) Failure to take said test is for health reasons as evaluated and certified by the
PNP Health Service; and
d) A PNP member failed to take four (4) consecutive periodic PNP Physical
Fitness Test due to health reasons.
7. Failure to pass PNP Physical Fitness Test for two (2) consecutive periodic tests
or four (4) cumulative periodic tests.
b) The PNP member failed to pass the said test on scheduled date or on the
c) Failure to pass said test as evaluated and certified by DHRDD and
d) A PNP member failed to pass two (2) consecutive periodic tests or four (4)
cumulative periodic tests.
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The effectivity date of the PNP PFT modes of attrition is on the second semester
of CY 2008.
8. Non-compliance with the minimum qualification standards forthe permanency
of original appointment.
a) The original appointment of the PNP member concerned was issued in

temporary status under the Waiver Program, Field Training Program, or due to lack of
prescribed eligibility; and
b) He/she failed to satisfy the requirement for the adjustment for his/her
appointment from temporary to permanent status within the prescribed period.
Composition. Functions and Jurisdiction of Attrition Screening Committees and Attrition

Boa rd s.
Composition of Attrition Boards.
1. NHQ 3rd Level PCO Attrition Board.
The Deputy Chief PNP for Administration Chairman Vice-

Chairman
The Deputy Chief PNP for Operation Member

The Chief Directorial Staff Member
The Director for Personnel and Records Management Member
The Director for Intelligence Member
The Director for Operations Member
The Director For Logistics Member
The Director for Police Community Relations Member
The Director for Comptrollership Member
The Director for Plans Member
The Director for Investigation and Detective Management Member
The Director for Human Resource and Doctrine Development Member
The Director for Research and Development Member
The Director, Health Service Member
The Director, Legal Service Member
Senior Female PCO Representative (Not lower than PSSUPT) Member
Chief, DLOD, DPRM Head, Secretariat
2. NHQ 2nd Level PCO Attrition Board.
The Chief Directorial Staff Chairman

The Dep Dir for Personnel and Records Management Vice-Chairman
The Deputy Director for Intelligence Member
The Deputy Director for Operations Member
The Deputy Director For Logistics Member
The Deputy Director for Police Community Relations Member
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The Deputy Director for Comptrollership Member
The Deputy Director for Plans Member
The Dep Director for Invest and Detective Management Member
The Dep Dir for Human Resource and Doctrine Development Member
The Deputy Director for Research and Development Member
The Deputy Director, Health Service Member
The Deputy Director, Legal Service Member
Female PCO Representative (Not lower than PSSUPT) Member
Assistant Chief, DLOD, DPRM Head, Secretariat
3. NHQ PNCO Attrition Board.
The Director for Personnel and Records Management Chairman

Executive Officer, DHRDD Vice-chairman
Executive Officer, Dl Member
Executive Officer, DO Member
Executive Officer, DL Member
Executive Officer, DPCR Member
Executive Officer, DC Member
Executive Officer, DIDM Member
Executive Officer, DPL Member
Executive Officer, DRD Member
HIH I Representative, Health Service Member
Command Executive Senior Police Officer Member
Chief, Attrition Section, DLOD, DPRM Head, Secretariat
4. PRO PNCO Attrition Board.
Deputy Regional Director for Administration Chairman

Deputy Regional Direector for Operations Vice-Chairman
Chief, Regional Directoral Staff Member
Chief, Regional Legal Service Member
Chief, Regional Health Service Member
Regional Executive Senior Police Officer Member
Chief, Personnel Transaction Section, RPHRDD Head, Secretariat
5. NSU PNCO Attrition Board.
Deputy Director for Administration Chairman

Deputy Director for Operations (if applicable) Vice-chairman
Chief Directoral Staff Vice-Chairman/Member
Legal Service Representative . Member
Medical Officer, Health Service Member
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NSU Executive Senior Police Officer Member
Deputy Chief, Admin/Personnel Staff Head, Secretariat
C. Composition of Attrition Screening Committees:
1. NHQ Screening Committee
Executive Officer, DPRM Chairman

Chief, DLOD, DPRM Vice-chairman
Chief, BPAD, DPRM Member
Chiefs, RMD, DPRM Member
Chief, RSD, DPRM Member
Representative from PNPGH Member
Chief Clerk, DPRM (excluded from PCO screening) Member
Chief, Attrition Section, DLOD, DPRM Head, Secretariat
2. PRO Screening Committee
Asst. Chief, RPHRDD Chairman

Asst. Chief, RIDMD Vice-chairman
All Assistant Chefs of the other Functional Staff Member
Representative from the Regional Legal Service Member
Asst. Chief, Regional Health Service Member
Chief Clerk, RPHRDD (excluded from PCO screening) Member
Chief, Attrition Section, RPHRDD Head, Secretariat
3. NSU Screening Committee
Asst. Chief, ADPRM Chairman

Asst. Chief, ADIDM Vice-chairman
All Assistant Chefs of the other Functional Staff Member
Representative Health Service Member
Chief Clerk, ADPRM (excluded from PCO screening) Member
Chief, Attrition Section, ADPRM Head, Secretariat
4. NHQ Medical Screening Committee
Deputy Director, Health Service Chairman

Chief, PNPGH Vice-chairman
Chief of Clinics Member
Chiefs, Orthopedics Member
Chief, General Surgery Member
Chief, Internal Medicine Member
Chief, Neuro Psychiatry Member
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Chief, Urology Member
Chief, OB Gyne Member
Chief, EENT Member
Chief, Dental Member
Legal Service Representative Member
HRDD Representative for PFT Member
Chief, Benefits and Pension Administration Division, DPRM Member
Chief, Physical Examination Section Head, Secretariat
d. Functions
1. The Screening Committees shall have the following functions:
a) To receive, review and process a personnel action on attrition and determine

the probable existence of a means of attrition;
b) To direct respondent to answer the personnel action for attrition;
c) To investigate and assess the personnel action on attrition and submit,
through the secretariat, its findings to the concerned Attrition Board;
d) To administer oaths, summons witnesses, require the production of
documents, records, books or other supporting pieces of evidence, as maybe necessary;
and
e) To require the attendance of expert witness/es who may shed light on the
case and perform other processes as may be necessary.
2. The Attrition Boards shall have the following functions:
a) To deliberate and decide on the findings submitted by the concerned Attrition

Screening Committee on the personnel action on attrition in accordance with the
circular;
b) To mark all pieces of evidence through the Board Secretariat;
c) To act on the motion for reconsideration filed by the concerned party;
d) To recommend to the proper authority, through a resolution, the retirement,
separation or retention of the PNP member subjected to attrition proceedings;
e. Jurisdiction
1. Jurisdiction of Screening Committees
a) The NHQ Screening Committee shall have authority to determine whether a

PNP member organic to offices at the National Headquarters shall be recommended for
b) The PRO Screening Committee shall have authority to determine whether a
PNP member organic to a particular Police Regional Office shall be recommended for
c) The NSU Screening Committee shall have authority to determine whether a
PNP member organic to a particular National Support Unit shall be recommended for
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d) The NHQ Medical Screening committee shall have to determine the authority
to determine whether a PNP member shall be recommended for attrition proceedings
due to physical an/ or mental incapacity.
2. Jurisdiction of Attrition Boards
a) The NHQ 3rd level PCO Attrition Board shall have jurisdiction over attrition
cases of Police Commissioned Officers holding the rank of Police Senior Superintendent
and above.
b) The NHQ 3rd level PCO Attrition Board shall have jurisdiction over attrition
cases of Police Commissioned Officers holding the rank of Police Inspector to Police
Superintendent.
c) The NHQ 3rd level PCO Attrition Board shall have jurisdiction over attrition
cases of Police Commissioned Officers organic to offices of National Headquarters and all
cases referred by the Medicals Screening Committee.
d) The PRO and NSU PNCO attrition Boards shall have jurisdiction over attrition
cases of Police Non-Commissioned Officers organic to their units.
Section 6. Attrition Proceedings
a. Commencement of personnel action on attrition
1. How Initiated - a personnel action on attrition maybe initiated by the filling of

a formal and verified statement with evidence in support thereof before the DPRM or
DHRDD or its PRO/NSU counterparts:
2. Who may Initiated – The following may initiate a personnel action on attrition:
a. The head of office or unit or immediate supervisor; and

b. Any PNP or NAPOLCOM personnel who has personal knowledge that a
member of the PNP is subject for possible attrition.
Any civilian who has personal knowledge that a PNP member is a subject for
possible attrition due to mental and/or physical incapacity, may submit a verified report
to the concerned PNP unit.
3. Where to File - The personnel action on attrition against a PNP member shall
be filed before the concerned Screening Committee through the
concerned Attrition Section as provided in this Circular.
4. Contents of the Personnel Action - The personnel action on attrition shall
contain the following:
a) Rank, full name, and office/unit of the respondent;
b) Means of attrition;
c) A narration of pertinent facts and data that will help the Screening Committee
in its deliberation;
d) Rank, full name and designation of the person initiating the personnel action;
and
e) Verification.
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b. Procedure before the Screening Committees
1. Recording of Personnel Action - A personnel action on attrition shall, upon

receipt, be stamped on its face the date and time of its receipt with an assigned
reference number and shall be recorded in the committee journal exclusively maintained
for that purpose.
2. Initial Assessment and Inquiry - Upon receipt of a personnel action on
attrition, concerned Screening Committee will review, investigate and assess the same
to determine the probable existence of a means of attrition and submit to the concerned
Attrition Board its findings and forward all relevant documents within ten working (10)
days from receipt thereof as follows;
a) The screening committee shall, within five (5) days upon receipt, notify the
respondent of such personnel action on attrition and direct him/her
to answer the action within five (5) days upon receipt;
b) Failure of respondent to file an answer within the reglementary period shall be
considered as a general denial of the charges; and
c) Proceed with the investigation and submit findings to the Board,
through the secretariat, within five (5) days from filing of the answer by respondent or
after the lapse of respondent's reglementary period to file an answer, copy furnished the
respondent.
d) Evaluation by the Screening Committee and Filing of Findings before the
Attrition Board
c. Procedure before the Medical Screening Committees
1. The following may be the basis for evaluation of physical and/or mental incapacity of
any PNP uniformed personnel:
a) Referral from DPRM, DHRDD or its PRO/NSU counterparts. Advise walk in
applicant for TPPD at Philippine National Police General Hospital (PNPGH) to get referrals
from DPRM.
b) Recommendation of Attending Physician from PNPGH.
2. Physical Examination and Profiling of PNP uniformed personnel:
a) Assignment of Attending Physician (AP)- After receiving the communication

from BPAD, DPRM, the C, PNPGH shall immediately assign an attending physician (AP)
specializing on the nature of the complaint or sickness of the PNP uniformed personnel.
b) Conduct of Initial Physical Examination (PE) - The AP shall conduct the initial
physical examination. He/she shall complete his/her initial diagnosis within fifteen (15)
working days after endorsement from DPRM, HRDD or its PRO/NSU counterparts. The
AP shall:
1) Recommend confinement/admission at PNPGH, if necessary;

2) Conduct thorough PE & necessary diagnostic work-up;
3) Evaluate the physical and/or mental fitness of the PNP personnel in
accordance with the medical conditions enumerated in PNP Circular Nr. 2000-010 and
other relevant circulars;
4) Profile the patient-examinee into P1, P2, P3 or P4-and
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5) Submit findings of any patient categorized as Profile 4 (P4) to the Medical
Screening Committee (MSC), through the MSC Secretariat (PE Section) not later than
two (2) days after completing his physical examination for proper disposition.
3. Physical and Mental Screening of PNP Personnel:
a) The MSC shall convene within five (5) days from the submission of
reports/findings of the AP.
b) Review and Confirmation - The MSC shall review the physical examination of
the AP and recommend confirmation of findings not later than three (3) days after
completing review and evaluation, in the form of a MSC Resolution stating, among
others, the need to separate or retire the PNP personnel due to physical or mental
incapacity. The MSC shall:
3.1) Recommend the PNP uniformed personnel to return to unit upon completion
of confinement in case he/she is not categorized as P4;
3.2) Recommend to DPRM through a Medical Screening Committee Resolution,
the separation from the police service of the PNP uniformed personnel who is a
candidate for attrition by means of TPPD if the respondent consents; and
3.3) Submit to the attrition board its findings for attrition proceedings if the
respondent refuses to avail of TPPD including findings on whether a respondent can
perform alternative PFT.
Section 7. Attrition Proceeding Proper
a. Filing before the Attrition Board

The personnel action on attrition shall be deemed' formally filed and pending
before the Attrition Board upon receipt and entry of the same in the official journal of
the board. The Board, tasked to maintain the official journal of attrition proceedings,
shall inform the Directorate for Personnel and Records Management (DPRM) of the
status of all proceedings, as well as the PNP unit where the respondent is assigned.
b. Summons.
Within three (3) days from receipt of the personnel action on attrition by the
Board, the Head Secretariat shall summon the respondent, directing him/her to submit
his/her memorandum within five (5) days from receipt thereof, together with evidence
to prove his/her non-attritability from the police service. The summons shall include the
verified statement of the personnel action on attrition and evidence supporting the latter
action. The summons shall also include an advice that the respondent may avail of
his/her right to counsel.
1. Memorandum - Respondent's memorandum shall be in writing, under oath

and must contain material facts, which may either be a specific denial or affirmation of
the allegations in the complaint. It shall be accompanied by documentary or other
evidence, if there be any, in support of his/her defense. It shall also contain a list of
witnesses and their individual addresses, whenever appropriate. The memorandum shall
be filed with the concerned Board, through the Secretariat, in three (3) copies personally
or by registered mail.
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2. Any subsequent memorandum submitted to the Board may be done through
registered mail and it is deemed filed on the date and hour of receipt
stamped by the post office on the envelope. Said envelope shall be kept and made an
integral part of the memorandum and records of the case,
3. Effects of Failure to file a Memorandum and to Appear- Failure of the
respondent to file a memorandum within the reglementary period shall be
considered a waiver of his/her to present evidence in his/her favor.
c. Convening of the Attrition Board

Within three (3) days upon receipt of the memorandum, the Head Secretariat
shall immediately convene the Attrition Board requiring the personal appearance of
the respondent. Failure of the respondent to appear
before the concerned attrition board despite due notice shall be considered a waiver of
his/her right to be present and to be heard. In the latter case, the attrition proceedings
may then proceed ex-parte.
1. Order of Attrition Proceeding - The order of the attrition proceedings shall be

as follows:
a) The Chairman of the concerned Screening Committee shall present its findings
on the personnel action on attrition;
b) The respondent shall then present evidence in support of his non-attritability.
d. Nature of Proceeding
1. The proceeding is generally summary in nature. The presentation of

witnesses may be allowed only upon the discretion of the Chairman of the Board.
Documents presented during the proceeding may be examined by the
other party. Sworn statements/affidavits of witnesses, after proper identification and
affirmation on the truth of the contents thereof, shall take the place of their oral
testimony.
2. Clarificatory questions may be allowed, if requested by either party but shall
be confined strictly to material and relevant matters in the interest of equity and justice.
3. Postponement - Postponement of the attrition proceeding should be
discouraged and shall be allowed only in highly meritorious cases.
4. Allowable Motion - No motion or pleading shall be allowed except Motion to
Dismiss and Motion for Reconsideration.
e. Termination of Attrition Proceedings
The attrition proceedings shall be terminated within twenty (20) working days
from the date the Board first convened.
f. Submission of Position Papers
The Attrition Board may require the respondent to submit his Position paper
within five (5) working days from the date the order to submit position paper is
received.
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g. Final Deliberation
A majority vote of the members present constituting a quorum, which is a

simple majority among the regular members of the Attrition Board, can render a valid
resolution. The chairman shall not vote on the resolution during the deliberation except
to break a tie.
1. Submission of the Resolution - The Attrition Board shall submit its resolution
to the appropriate approving authority. A copy shall likewise be furnished to the
respondent. The Resolution shall contain the full name, rank and assignment of the
respondent; the means of attrition and its elements; a brief statement of the material
and relevant facts; the findings as established during the attrition proceedings based on
applicable laws, rules and regulations, jurisprudence; conclusion; and recommendation.
2. Respondent Found Attritable for a Means of Attrition Different from which he
was initially subjected to - A respondent may be attrited under a means different from
which he was initially subjected to: Provided, that the elements of the said different
means for which he/she may be attrited are proven after the respondent has been given
the opportunity to contest the same.
h. Finality of Decision
The decision of the appropriate approving authority imposed upon a PNP

member shall be final and executory when no Motion for Reconsideration or appeal
within the period provided under this Memorandum Circular was filed. However, the
filing of a motion for reconsideration shall stay the implementation of the decision.
1. Motion for Reconsideration - The respondent may file a motion for

reconsideration from the decision rendered by the appropriate approving authority
within ten (10) days from receipt of a copy of the decision. Only one (1) motion for
reconsideration shall be allowed and the same shall be considered and decided by the
disciplinary authority within five (5) days from receipt thereof. The filing of a Motion for
Reconsideration by any party may be allowed on the following grounds:
a. Newly discovered evidence which, if presented, would materially affect the
resolution rendered; or
b. Errors of law or irregularities have been committed prejudicial to the
substantial rights and interest of the movant.
2. Appeal- Except for third level PCO's, the decisions of the Approving Authority
may be appealed to the Commission En Bane and shall be taken by the respondent by
filing a notice of appeal with the Approving Authority within ten (10) days from receipt
of a copy of the decision, copy furnished the
concerned Attrition Board.
a. Notice of Appeal and Memorandum On Appeal-A Notice of Appeal shall be filed
in three (3) legible copies which shall contain the following: 1) the material dates
showing that it was filed on time; 2) the assignment of the specific errors of fact or law,
or both, allegedly committed by the Approving Authority.
b. The respondent-appellant shall submit a Memorandum on Appeal in three (3)
legible copies not later than fifteen (15) days from the filing of the notice of appeal.
However, the memorandum on appeal maybe submitted upon filing of the notice of
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appeal. Proof that copy of the memorandum on appeal was served to the Attrition Board
must be submitted by the respondent-appellant.
3. Alternative Remedies - Plea for optional retirement or other mode of
separation from the police service by the respondent before the Attrition Board at any
stage of the attrition proceedings before the final board deliberation shall automatically
terminate the attrition action.
a. Effect of Death - Death of the respondent during the pendency of the attrition
action shall terminate the proceedings. Barring legal impediments, the personnel
concerned shall be posthumously retired if he has
rendered at least twenty (20) years of accumulated service and posthumously
separated if he has rendered less than twenty (20) years of accumulated service.
b. Records of Proceedings - The entire attrition proceedings proper shall be
recorded and transcribed. A journal shall be maintained by the said Board and shall
contain, among others, the following data of the proceedings: date and time of receipt
from the Screening Committee, the case number, the name of the respondent, the
means of attrition he is subjected to, the date decision was rendered; date the motion
for reconsideration was filed; date the decision became final and certificate of finality
was issued; and other relevant and material data.
A journal shall be maintained by the said Board and shall contain, among others,
the following data of the proceedings: date and time of receipt from the Screening
Committee, the case number, the name of the respondent, the means of attrition he is
subjected to, the date decision was rendered; date the motion for reconsideration was
filed; date the decision became final and certificate of finality was issued; and other
relevant and material data.
Section 8. Approving Authority. - The following are the approving authorities for the
attrition:
a. The President of the Philippines shall be the approving authority for the
attrition of third level PCOs.
b. The Chief, PNP shall be the approving authority for the attrition of
all second level PCOs and PNCOs organic to offices at the National Headquarters.
c. The Regional Director shall be the approving authority for the attrition of all
PNCOs organic to their respective PRO.
d. The NSU Director shall be the approving authority for the attrition of all PNCOs
organic to their respective NSU.
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PART 4
GRIEVANCE MACHINERY
SUBJECT : ESTABLISHING A COMPLAINTS AND GRIEVANCE MACHINERY

FOR PNP UNIFORMED PERSONNEL
TO : THE CHIEF, PNP
In pursuance to Section 81, RA 6975 (DILG Act of 1990) establishing the right of
PNP uniformed personnel to present complaints and grievances to their superiors or
commanders and have them heard and adjudicated as expeditiously as possible and
Rule XII, CSC Law and Rules mandating the establishment of a grievance machinery in
every government agency, the following rules and regulations are hereby issued:
PNP COMPLAINTS AND GRIEVANCE MACHINERY
Section 1. Policy. PNP uniformed personnel shall have the right to present
complaints and/or grievances to the management and have them settled as
expeditiously as possible to the best interest of the employee concerned, the PNP
organization and the government as a whole. Towards this end, the PNP management
shall ensure the fair, speedy and equitable settlement of employees complaints and/or
grievance in accordance with approved rules and procedures.
Sec.2. Objectives.
a. To provide a system for the promotion of wholesome and harmonious

relationships between employees and supervisors in the PNP organization;
b. To encourage PNP members to exercise their rights to present complaints or
grievances and have them fairly, equitably and expeditiously adjudicated, thus
prevent/preempt discontent and dissatisfaction among the PNP rank and file;
c. To discover interpersonal problems of employees and find ways to resolve
problems and issues, if any; and
d. To improve employee morale through management response to the needs of
personnel and employees and vice versa.
Sec. 3. Scope. This machinery shall cover grievances of uniformed personnel of

the PNP against their peers, supervisors and subordinates of parallel units, to include
rules/circulars and implementation thereof.
Sec. 4. Principles. The following shall be the guidelines in the conduct of

complaints and grievances proceedings:
a. The complainant/aggrieved party shall first discuss his problem(s) with his
immediate supervisor before considering the filing of a formal written
complaint.
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b. The employee/subordinate presenting a complaint/grievance shall be assured
freedom from coercion, discrimination, harassment or reprisal.
c. Complaints/grievances shall be settled at the lowest possible level.
d. The grievance proceedings shall be conducted as simply as possible and shall
not be bound by legal rules or technicalities.
e. The grievance proceedings shall be aimed at determining "what is right" and
not "who is right".
f. The right to appeal actions/decisions on complaints/grievances shall not be
curtailed.
g. These procedures shall not apply to official actions of the PNP Commanders
pertaining to the exercise of disciplinary powers under the provisions of RA 6975 where
specific procedures for relief through appeal are hereby already provided.
h. Complaints/grievances concerning promotions shall be given due course.
However, the party aggrieved may elect to proceed either under this procedure or
pursuant to any other applicable law/regulations.
i. All proceedings shall be treated as confidential.
Sec. 5. Definition of Terms:
a. Complaint - A verbal or written expression of the feeling of dissatisfaction

with some aspects of his working conditions, relationships or status which are beyond
the capacity of the PNP members to change or control unilaterally.
b. Grievance- A complaint in writing which has, in the first instance and in the
employee's/subordinate's opinion, been ignored, overridden or dropped without due
consideration.
c. Grievance Procedure - The method of determining and finding the best way
to remedy the specific cause or causes of a complaint or grievance and the system to
insure the adjudication of such.
Sec. 6. Procedure. Complaints and/or grievances may arise as a result of any

of the following:
a. Implementation of policies, practices, and procedures;

b. Exercise of discretion
c. Favoritism or improper placements or assignments and transfers;
d. Conferment/giving of commendations and awards, promotions and salary
increases;
e. Working conditions;
f. Tools and equipment;
g. Any other similar and significant matters that may cause
employee/subordinate dissatisfaction.
As envisioned, the grievance machinery is the mechanism by which this

problem can be addressed for the best interest of the service and the member
concerned.
First Stage Complaints or grievances of a PNP member shall be presented to his

immediate superior or commander orally who shall take the following actions:
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a. Discuss with the complainant/aggrieved party his complaint or grievance in
private whereby the discussion cannot be interrupted or overheard by others.
b. Keep the complainant/aggrieved party at ease and encourage him to talk
freely;
c. Refrain from expressing his views and opinions until after the
complainant/aggrieved party has given or explained his side and why he feels
aggrieved;
d. At the end of the discussion, the superior/commander must state his position clearly,
accurately and without any display of ill-feeling towards the employee/subordinate. He
need not immediately give a definite decision but a decision shall be rendered within
three (3) days from the oral presentation of the complaint or grievance.
Should respondent be the immediate superior, the complaint must be filed with
the next higher superior officer.
Should there be a conspiracy against the grievant, the complaint must be filed
with the next higher superior officer of all the conspiring officer/s or director/s.
Should the grievance be against the rules, regulations or its implementation, the
complaint must be filed with the nearest police station which shall forward the grievance
to the next higher director or through proper channels until it reaches the police officer's
office for acknowledgment;
Acknowledgment by the officer-recipient of the grievance is mandatory in the
same manner that an officer being complained of must acknowledge receipt of the
same.
No legal officer or attorney is required; witnesses may or may not be necessary.
Second Stage Whenever the aggrieved party or complainant is not satisfied

with the decision rendered by his immediate superior/commander, he shall be directed
to submit his grievance in writing to his immediate
supervisor/commander, who shall forward the written complaint/grievance with his
comments within forty eight (48) hours to the next higher superior/commander. The
latter shall, within five (5) days from receipt of the written complaint/grievance, inform
the complainant through his immediate superior/commander of his decision in writing.
Third Stage If the complainant/aggrieved party is not satisfied with the

decision of his immediate superior and of the next higher commander, he may appeal
his complaint in writing to the next higher commander through channels. At this stage of
the proceedings, the superior/commander receiving the complaint or grievance may
forthwith decide the case or refer it to a Grievance Committee constituted for the
purpose.
The Grievance Committee shall be composed of an officer chosen by the

superior/commander who shall act as Chairman and two (2) other officers of the unit,
one (1) of whom shall be recommended by the complainant/aggrieved party and the
other by the head of the unit which is the locus of the complainant. The committee shall
then proceed as follows:
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a. The Chairman shall, within five (5) days upon the constitution of the
Committee, schedule a hearing after giving notice to the parties concerned. The hearing
shall be heard at a suitable time and place during office hours.
b. All members of the Committee shall be present during the hearings and all
proceedings shall be recorded.
c. The complainant/aggrieved party shall be given not more than three (3) days
for an oral exposition of his grievance(s) and to present witness(es) and other pieces of
evidence to support his allegations. However, he shall not be allowed to dwell on
aspects not covered by his written grievance(s).
d. The officer of the employee affected by the grievance(s) who is the
subject of the complaint shall be allowed three (3) days within which to express his side,
present witness(es) on his behalf and submit pieces of evidence to support his stand.
e. The Grievance Committee may invite or subpoena any official or employee of
the PNP to clarify or shed light on certain matters covered by or related to the
grievance.
f. Upon termination of the hearing, the Grievance Committee shall immediately
deliberate and decide (by secret balloting) without delay or adjournment and submit its
findings and recommendations to the Commander concerned not later than three (3)
days thereafter.
The Commander upon receipt of the records of the proceedings and findings and
recommendations submitted by the Committee shall render his decision in writing within
three (3) days. The decision of the Commander shall take effect immediately unless
appealed within fifteen (15) days from receipt thereof to the next higher commander
whose decision shall be final and executory.
Sec. 7. Implementation.
a. Every unit from NHQ PNP down to the police station shall create an ad hoc
grievance committee to take cognizance of five (5) complaints at most. Should there be
more grievances, more ad hoc grievance committees shall be formed.
b. It shall be a command responsibility of every unit commander, chief/ director,
to act on all grievance of subordinated under him or her within two (2) days upon
receipt.
c. All grievances/complaints shall be filed using a standardized form which shall
include the following information:
1. Name of the complainant
2. Rank
3. Designation (if needed)
4. Present Section or Division of Assignment
5. Immediate Supervisor
6. Present Department or Unit of Assignment
7. Higher Supervisor
8. Nature of Grievance (in brief)
9. Settlement Desired
10. Signature of Employee
11. Signature of Associate Official/Representative (if applicable)
12. Date of filing from the lowest level in the agency.
71
d. Grievance Committee members shall be entitled to per diems pursuant to
existing COA regulations and funds for the purpose shall be provided by the unit
concerned as part of their operations expenses.
Sec. 8. Appeal. Complaints and grievances which originate from the sub-
station and station levels may be appealed to the PNP Regional Director, except in cases
of promotions and meritorious awards which may be appealed to the Chief, PNP.
Sec. 9. Custody of Records. All written proceedings and records involving

complaints and grievances shall be forwarded to the NHQ PNP and kept by the Office of
the Directorate for Personnel and Records Management which shall be responsible for
maintaining a permanent file of each case.

Circular No. 93-022
72
DIRECTING MEMBERS OF THE PHILIPPINE NATIONAL POLICE (PNP) TO
OBSERVE THE PRESCRIBED INTERNAL COMPLAINTS AND GRIEVANCES
PROCEDURE:
WHEREAS, under Section 81, RA No. 6975, uniformed personnel of the PNP
shall have the right to present complaints and grievances to their superiors or
commanders and have them heard and adjudicated as expeditiously as possible in the
best interest of the service, with due regard to due process in every case:
WHEREAS, the law likewise mandates that such complaints or grievances shall
be resolved at the lowest possible level in the unit of command and the respondent shall
have the right to appeal from an adverse decision to higher authorities:
WHEREAS, it has been noted that, in some cases, members of the PNP are
presenting their complaints and/or grievances against their superiors direct to outside
forum, thereby ignoring the prescribed complaints and grievances procedure within the
organization, which is a practice that is detrimental to the units and interest of the
organization:
NOW, THEREFORE, this Commission in the exercise of its constitutional

and statutory administration and control functions over the PNP, hereby orders and
directs as follows:
Section 1. _Right to Ventilate Grievances - Members of the PNP including senior

officers thereof, shall have the right to express their complaints and/or grievances to
their superiors and have them heard and adjudicated as expeditiously as possible in the
best interest of the service, with due regard to due process in every case.
Section 2. Observance of the Complaints and Grievance Procedure - while

members of the PNP have the right to express their complaints and/or grievances, they
should observe and ventilate the same within the prescribed complaints and grievances
procedure under NAPOLCOM Memorandum Circular No. 93-022 dated November 4,1993.
Such complaints or grievances shall be resolved at the lowest possible level in

the unit of command and the respondent shall have the right to appeal from the adverse
decision to higher authorities in the organization.
Section 3. Prohibition - In no case shall members of the PNP ventilate their

complaints and/or grievances direct to any form, outside of the DILG-NAPOLCOM- PNP
organization.
Section 4. Administrative Liability - Any officer or non-officer of the PNP

who shall violate the provisions of this Circular shall be held administratively liable for
"Conduct Unbecoming of a Police Officer" and penalized accordingly.

Circular No. 95-016
73
AN EXTRACT FROM THE POLICY AND GUIDELINES ON GRIEVANCE
MECHANISM FOR PNP UNIFORMED PERSONNEL:
Grievance - an employee's expressed (written or spoke) feelings of

discontentment and dissatisfaction on any or all of the matters or issues, such as:
a. Wrongful or non-implementation and/or violation of policies and procedures
which affect PNP personnel from recruitment and/or appointment to promotion, transfer,
detail / designation / assignment / placement, termination, dismissal, and other related
issues that affect them;
b. Wrongful or non-implementation and/or violation of policies and procedures
on economic and financial issues and other terms and conditions of employment fixed
by law including salaries, incentives, working hours, leave benefits, and other related
terms and conditions;
c. Physical working conditions; and
d. Interpersonal relationships and linkages.
Complaint - refers to grievance in writing which has in the first instance and in
the employee's opinion had been ignored overridden or dropped without due
consideration at the lowest level of office where the complaint is assigned and has been
lodged or elevated to the next level of office.
NOT SUBJECT TO GRIEVANCE:
a. Disciplinary cases which shall be resolved pursuant to the Uniform Rules on

Administrative Cases;
b. Complaints on official actions of Head of Offices pertaining to the exercise of
disciplinary powers under RA 6975 where specific procedures for relief through appeal
are hereby provided;
c. An objection to the terms or provisions of a policy, procedure, or rule and
regulation;
d. Sexual harassment cases as provided for in RA7877; and
e. Anonymous grievance and/or complaints.
PRINCIPLES AND POLICIES:
• Complainant shall first discuss his problem with his immediate superior before
considering the filing of formal written complaint;
• Subordinate shall be assured freedom from coercion, discrimination, harassment or
reprisal;
• Grievances shall be settled at the lowest possible level of office;
• Grievance proceedings shall be aimed at determining "what is right" and not "who is
right";
• Right to appeal action/decision on grievance and/or complaint shall not be curtailed;
• All proceedings shall be confidential;
• No legal counsel is allowed during the hearing of the Grievance Committee but the
Committee shall have a legal officer as a member to guide the chair and the members
on issues and procedures;
• No grievance will be filed directly to forum outside the PNP organization;and
74
• Supervisors and/or Head of Office who refuse to take action on a grievance shall be
liable for neglect of duty.
PROCEDURES:
Stage 1. Oral Discussion- At the end of the discussion the direct supervisor or
head of office (lowest level) must state his stand clearly or inform orally the employee of
his decision within three (3) days from the date of presentation.
Stage 2. Grievance in Writing- If not decided at the lowest level, complainant
shall submit his grievance in writing to the Head of Office (HO) who shall personally
decide on the matter or form an ad hoc Grievance Committee to hear the issue and give
recommendation from which the HO will decide within five (5) days from receipt of
Committee's recommendation.
If not satisfied, the HO shall forward the written complaint with his comment to
the next level HQ within 48 hours. The next level HO may decide within fifteen (15)
days or refer it to the Grievance Committee (GC).
If referred to the GC, the Chairman shall schedule a hearing within five (5) days
from constitution. Complainant and respondent are given three (3) days each to present
their case. The GC may also invite any official to shed light or clarify issues.
The HO shall render written decision within three (3) days from receipt of the
records from the GC. The GC has no power to reverse the HO decision. Its authority is
only to recommend a reassessment of the decision if it finds the decision was reached
improperly or unfairly.
Stage 3. Referral to the CSC Regional Office (CSC, RO) - If not satisfied, the case
shall be referred within fifteen (15) days to the CSC, RO concerned reckoning from the
issuance of Certification of Final Action on Grievance (CFAG) by the Grievance
Committee.
GRIEVANCE RESOLUTION FLOW CHART FOR UNIFORMED PERSONNEL
Respondent Oral Discussion - Grievance in Writing

with: Submitted to:
Individual or Group Peer Direct or Higher 1st Level Head of
Complainant Supervisor Office
Direct or Higher 1st level Head of 2nd Level Head of
Supervisor Office Office
1st Level Head of 2nd Level Head of 3rd Level Head of
Office/Grievance Office Office
Committee
CSC Regional Office
75
GRIEVANCE MACHINERY FOR NON-UNIFORMED PERSONNEL (NUP)
PROCEDURES:
a. Discussion with Immediate Supervisor- (verbal or in writing) supervisor shall inform

the complainant of his decision within three (3) working days from the date of
presentation.
b. Appeal to the Higher Supervisor- Not satisfied with the decision, complainant may
submit the grievance in writing to the next higher supervisor within five (5) days to the
higher supervisor who shall render decision within five (5) days working days from
receipt of the grievance.
c. Appeal to the Grievance Committee- Appeal within five (5) working days. GC may
conduct investigation within ten (10) working days and render decision within five (5)
working days after investigation.
d. Appeal to the Top Management- Within five (5) working days from receipt of the
decision by the GC. TM shall render decision within ten (10) working days from receipt
of grievance.
e. Appeal to the CSC RO- fifteen (15) working days from receipt of decision. Together
with the appeal submit Certification of Final Action on the Grievance (CFAG). CSC RO will
decide the case in accordance with the CSC rules and regulations.
GUIDELINES/DIRECTIVES TO EVERY GRIEVANCE COMMITTEE:
• Every Grievance Committee (GC) shall develop and implement pro-active measures
that would prevent grievance such as employee assembly which shall be conducted at
least once every quarter, "talakayan" counseling HRD interventions and other similar
activities.
• GC shall establish its own internal procedures and strategies. Membership in the
grievance committee shall be considered part of the members regular duties.
• GC (PROs, NSU and PNP NHQ) shall submit a report of their respective
accomplishments and status report of pending cases quarterly to the concerned CSC
Regional Office and the PNP Resident Ombudsman.
• The personnel section/division in collaboration with the PNP Offices/Units GC shall

conduct a continuing information drive in grievance machinery among its official and
employees.
76
PART 5
POLICIES ON TRANSFER OF PNP PERSONNEL
CLARIFYING THE EXTENTAND CHARACTER OF THE AUTORITY OF THE CHIEF,

PHILIPPINE NATIONAL POLICE (PNP) IN THE RE- ASSIGNMENT, TRANSFER OR RELIEF
OF THE PNP PERSONNEL.
Section 1. Command and Direction Powers of the Chief PNP. - Subject to the
provisions of Section 51, R.A. No. 6975 and of the rules and regulations
promulgated by this Commission in relation thereof, the command and direction of the
PNP is vested with the Chief of the PNP which encompass the power to direct and
control tactical as well as strategic movement, deployment, placement, utilization of the
PNP or any of its units and personnel, including its equipment, facilities and other
resources. Such command and direction powers of the Chief of the PNP may be
delegated to subordinate officials with respect to the units under their respective
commands in accordance with the rules and regulations promulgated by the
constitution.
Section 2. Non-disciplinary Character of the Command Prerogative. - The re-

assignment transfer or relief of the PNP personnel is not a disciplinary action, which
would require prior investigation and observance of due process, but simply a
tactical/strategic movement, deployment, placement, utilization of the PNP or any of its
units and personnel, which can be effected by the commander concerned at his/her
discretion when the exigency of the service so requires, or as may be necessary to
effectively carry out the functions, powers and duties of the PNP.

Circular No. 95-024
CLARIFYING THE CONCEPT OF REASSIGNMENT, TRANSFER OR RELIEF

OF PNP PERSONNEL BY AMENDING MEMORANDUM CIRCULAR NO. 95-024
Non-Disciplinary Character of the Command Prerogative - The reassignment,

transfer or relief of PNP personnel is not a disciplinary action, which would require prior
investigation and observance of due process, but simply a tactical/strategic movement,
deployment, placement or utilization of the PNP or any of its units and personnel, which
can be effected by the commander concerned at his discretion but only when the
exigency of the service so requires, or as may be necessary to effectively carry out the
functions/powers and duties of the PNP.
The gauge shall be the ability to perform ones assigned duties and
responsibilities. Infractions, such as improper uniform or smudged shoes, do not
necessarily affect one's ability to get things done, provided, however that such
infractions shall be dealt with in accordance with existing laws and regulations.
77
Furthermore, the concept of reassignment, transfer or relief in the MC
should be construed with the context of the law, specifically Section 63 of RA No. 8551,
which reads, inter alia:
"xxx: Provided, that whenever practicable and consistent with the requirements
of the service, PNP members shall be assigned to the city or municipality of their
residence."
For maximum efficiency and effective law enforcement, and pursuant to the
spirit of Section 63 of RA No. 8551, PNP members with the ranks of Police Officer I up to
Senior Police Officer IV shall be assigned to the city or municipality of their recruitment
and/or residence, and could only be relieved or reassigned for cause to another locality
preferably within the district or province or to another province within the region. Only
in extreme cases based on justifiable reasons shall such reassignments be made outside
the region. For those with the ranks of Police Inspectors and higher ranks their relief
and reassignment may be effected when the exigency of the service so requires.
In acting on the recommendation of the local chief executives and reassignment

of PNP members outside of their respective residences pursuant to Section 63 of RA No.
8551, the concerned Provincial/ District/ Regional /Director shall observe the guidelines
set forth herein.
The philosophy underlying the practice of assigning PNP members their

respective places of residence is premised on certain factors, such as:
1. The historically proven fear of ostracism for the PNP family and his family should the
former resort to shameful acts, such as ext in his place of residence.
2. Said members are familiar with the people, the culture, the terrain and other
conditions prevailing thereat.
3. Practical economics. Many PNP members have their own farms which provide them
and their families with much of their food requirements, resulting in substantial savings.
If assigned in their places of residence, very often they do not have to rent houses or
living quarters. The "extended family" culture enables the police members to avail
themselves of economics aid in emergencies from their parents and relatives.
4. Allowing the PNP member to stay with his/her spouse reinforces family solidarity.

Circular No. 2002-007
78
SECTION 11, RULE 17, NAPOLCOM MEMO CIRCULAR 2007-001
Prohibition of Reassignment of Respondent. During the Pendency of an

Administrative Case. - A respondent PNP member shall not be reassigned or transferred
to another city/municipal police station or unit during the pendency of the case, unless
the concerned disciplinary authority or IAS certifies that the presence of the respondent
is no longer necessary. Any superior who violates this provision shall be administratively
liable for "irregularity in the performance of duty".
PROHIBITION ON THE TRANSFER OF A PNP WITNESS ON DRUG CASE

(SECTION 91, ARTICLE XI REPUBLIC ACT 9165)
Responsibility and Liability of Law Enforcement Agencies and other Government

Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drug
Cases. -Any member of law enforcement agencies or any other government official and
employee who, after due notice, fails or refuses intentionally or negligently, to appear as
a witness for the prosecution in any proceedings, involving violations of this Act, without
any valid reason, shall be punished with imprisonment of not less than twelve (12) years
and one day to twenty years and a fine of not less than Five hundred thousand pesos (P
500,000.00), in addition to the administrative liability he/she may be meted out by
his/her immediate superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any
other government employee mentioned in the preceding paragraph shall be penalized
with imprisonment of not less than two (2) months and one (1) day but not more than
six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the
court.
The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or reassigned to any
other government office located in another territorial jurisdiction during the pendency of
the case in court. However, the concerned member of the law enforcement agency or
government employee maybe transferred or reassigned for compelling reasons:
Provided, That his/her immediate superior shall notify the court where the case is
pending of the order to transfer or re-assigned, within twenty-four (24) hours from its
approval: Provided further, That his/her immediate superior shall be penalized with
imprisonment of not. less than two (2) months and one (1) day but not more than six
(6) years and a fine of not less than Ten thousand pesos (P 10,000.00) but not more
than Fifty thousand pesos (P 50,000.00) and in addition, perpetual absolute
disqualification from public office, should he/she fail to notify the court of such order to
transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.
79
Reference: Republic Act No. 9165
Comprehensive Dangerous
Drugs Act of 2002
80
PART 6
PERSONNEL TRANSACTION
MEMORANDUM
TO : All RDs, PROs

Dir, NSUs
FROM : TDHRDD
SUBJECT : Deletion/Withholding of CFC of PNP Personnel who were

Marked AWOL, Dropped from Rolls, Suspended,
Dismissed, Detained November 17,2008
DATE : November 17, 2008
1. Reference: TDPRM Memorandum dated May 29, 2006 re: Guidelines in the
Proper Deletion of CFCs.
2. This pertains to the problems of overpayment being encountered by this

Headquarters, particularly by the Finance Service (FS) and Computer Service (CS)
caused by the delay in the deletion and/or withholding of the CFC of PNP personnel who
were reported AWOL, Dropped from the Rolls (DFR), Detained, etc., because of the
failure of commanders to report such fact.
3. Effectively immediately, the CFCs of AWOL personnel should be withheld

immediately by the concerned commander or finance officer of said personnel for
subsequent submission to the Finance Service and reversion to PNP funds. On the other
hand, concerned commanders, administrative officers and C, RPHRDD's should
immediately initiate, within their level, the stoppage of CFCs, through the Regional
Finance Service, of personnel who were Dropped from the Rolls, Dismissed, Suspended,
Detained, etc. Immediately thereto, submit formal request for stoppage to this
Directorate (Attn: DLOD) FS and CS. Also, submit a consolidated report of these
personnel actions every 15th and 30th day of the month, from now on and thereafter.
4. Any Commander, C, RPHRDD, Administrative or Finance officer who violates

this memorandum shall be held liable for Neglect of Duty in accordance with NAPOLCOM
Memorandum 2007-001.
5. For compliance.
EDGARDO E ACUÑA,CEO VI
Police Director
81
GUIDELINES AND PROCEDURES IN THE HANDLING OF AUTOMATED
TELLER MACHINE (ATM) PAYROLL ACCOUNTS OF PNP PERSONNEL
WITH THE LAND BANK OF THE PHILIPPINES (LBP)
B. Closing of ATM Account:
1. FOR COMPULSORY RETIREMENT
a. DPRM/RPHRDD shall furnish PNPFS and PNPCS with copies of Compulsory

Retirement orders which is issued at least eight (8) months before the effectivity of
compulsory retirement.
b. PNPFS shall schedule the last payment of salaries and allowances of

concerned personnel and furnish PNPCS and LBP.
c. PNPCS shall adjust the ATM payroll master file based on the Schedule of last
payment furnished by PNPFS.
d. PNPFS shall advice concerned personnel to close his LBP ATM account in
relation to the scheduled last payment of pay and allowances and issue a Letter of
Introduction for this purpose. The duplicate copy of validated withdrawal slip signed by
an officer of the Bank together with a Snapshot Bank Statement shall be required for the
issuance of Certificate of Last Payment.
2. FOR OPTIONAL RETIREMENT/RESIGNATION
a. Request for Optional Retirement and Letter of Resignation shall be submitted

to DPRM/RPHRDD at least eight (8) months from the desired effective date of
retirement/resignation.
b. Order for Optional Retirement and Resignation shall always be effective on the
first day of the month.
c. DPRM/RPHRDD shall furnish the PNPFS and PNPCS the list of PNP personnel
who applied for optional retirement/resignation.
d. PNPFS shall schedule the last payment of salaries and allowances of the
concerned personnel and furnish PNPCS and LBP.
e. PNPCS shall adjust the ATM payroll master file based on the schedule of last
payment furnished by PNPFS.
f. PNPFS shall advise concerned personnel to close his LBP ATM account in
relation to the scheduled last payment of pay and allowances and issue a Letter of
Introduction for this purpose. The duplicate copy of validated withdrawal slip signed by
an officer of the Bank together with a Snapshot Bank Statement shall be required for the
issuance of Certificate of Last Payment.
82
3. DISMISSED/RESIGNED IPSO-FACTO/DECEASED/DROPPED FROM THE
ROLLS/DETAINED/AWOL/MISSING-IN-ACTION:
a. Concerned PNP Units shall, within twenty four (24) hours, furnish PNPFS with
reports on personnel who are Dismissed/Resigned/ Ipso-Facto/Deceased/Dropped from
the Rolls/Detained/AWOL/Missing-in-Action(MIA).
b. Based from the reports of PNP Units, PNPFS shall within two (2) banking
days, send a Letter of Introduction (see ref.) to LBP to close the ATM account of
Dismissed/Resigned Ipso- Facto/'Deceased/Dropped from the
Rolls/Detained/AWOL/Missing- in-Action PNP personnel.
c. In turn, LBP shall immediately close the ATM account of personnel named in
the Letter of Introduction (see ref.) from PNPFS. The remaining balance in the account
shall be credited to the PNP ATM Payroll Account.
C. Suspension with Forfeiture of Pay and Allowances
1. Concerned PNP Units shall furnish PNPFS of the suspension order of

PNP personnel.
2. PNPFS shall schedule the deduction of the amount forfeited from the pay and
allowances based on the suspension order from concerned PNP Units and furnished
PNPCS. Forfeiture of pay and allowances may be implemented even after the suspension
as long as it conforms with the period specified in the suspension order.
3. PNPCS shall adjust the ATM Payroll Master File based on the schedule of
deductions due to suspension with forfeiture of pay and allowances furnished by PNPFS.
4. PNPCS shall automatically restore the payment of pay and allowances in the
account of suspended personnel after the forfeited amount had been duly deducted.
5. PNPCS shall submit report to PNPFS re implementation of forfeiture of pay and

allowances copy furnished DPRM and DC.
References: Standing Operating Procedure

No. 01-2008 dated August 4, 2008
83
ENTITLEMENT TO BACKWAGES
(FIVE (5) YEAR RULE)
"An employee who is reinstated after having been illegally dismissed is

considered as not having left the office should be given comparable compensation at the
time of his reinstatement in an amount not exceeding 5 years salary regardless of
whether the period of illegal dismissal exceeds five years. Such employee cannot be
faulted for his inability to work or render any service as a result of his illegal dismissal
because this was not his own making or liking. If dismissal was due to bad faith or
personal malice of superior officers, they will be held personally accountable for the
employee's backwages (Gabriel vs. Hon. Eufemio C Domingo, GR No. 87420, Sept.
17,1990)"
Reference: Sec. 220 of Government
Accounting And Auditing Manual, Volume 1
"The Court of Appeals correctly ordered respondent's reinstatement. However,
the award of backwages and other monetary benefits should not be limited to five (5)
years and must therefore be modified in line with the recent case of Civil Service
Commission v. Gentallan. We held in said case that an illegally dismissed government
employee who is later ordered reinstated is entitled to backwages and other monetary
benefits from the time of her illegal dismissal up to her reinstatement. This is only fair
and just because an employee who is reinstated after having been illegally dismissed is
considered as not having left her office and should be given the corresponding
compensation at the time of her reinstatement."
References: Batangas State University vs.
Nestor Bonifacio Gr. No. 167762
RESTORATION OF CFC FLOW CHART
MessageCenter DLOD, DPRM

Basic DPRM Main for preparation
Request Office of memo for D,
CS
EX-O, Route to C, RMD

ADMO for inclusion of
DPRM name in the PNP
alpha list
DPRM TDPRM Return to

DLOD after
signing of
TDPRM
Dispatch D, CS for
restoration
84
Requirements:
a. Endorsement from Unit/Office Concerned

b. Approved Memo/Decision/Resolution of DFR/Dismissal/Suspension
c. Special Order of DFR/Dismissal/Suspension
d. Approved Memo/Decision/Resolution of Restoration to Full Duty
Status/Reinstatement/Lifting of Preventive Suspension
e. Special Order of Restoration/Reinstatement/Preventive Suspension
f. Result of Summary Hearing & its Implementing Order, as the case may be
g. Certificate of Duty Status
h. Cert of Non-Pending case from RLS, RIAS, and RIID
i. PDS
i. Service Records
Note: All machine (Xerox) copies must be duly authenticated by the issuing
authority.
DELETION OF CFC FLOW CHART
Message Center DLOD, DPRM for

Basic preparation of memo
Request DPRM Main for D, CS
Office
Route to C, RMD for

EX-O, ADMO inclusion of name in
DPRM the PNP alpha list
TDPRM Return to DLOD

DDPRM after signing of
TDPRM
Dispatch D, CS for
restoration
Requirements:

b. Approved Memo/Decision/Resolution of DFR/Dismiss
c. Special Order of DFR/Dismissal/Resignation, etc.
d. Death certificate in case of death of deceased PNP personnel.
Note: All machine (xerox) copies must be duly authenticated by the issuing authority.
85
REPORT OF CHANGES FLOW CHART
(Effectivity of Long Pay/ Unit Code/ Newly Appointed
PNP Personnel/Promotion/Demotion/Etc.)
Message DLOD, DPRM for

Basic preparation of
Request Center memo for D, CS
DPRM Main
Office
Route to C, RMD
for inclusion of
DDPRM EX-O,
name in the PNP DPRM
alpha list
ADMO Return to DLOD

TDPRM after signing of
TDPRM
Dispatch D, CS
for restoration
Requirement

b. Special Order of Long Pay/Unit Code/appointment Order/Promotion/Demotion in
Rank, etc.
c. Approved Resolution in Case of Newly Appointed PO1
Note: All machine (xerox) copies must be duly authenticated by the issuing authority
86
PART 7
OTHER POLICIES
REINSTATEMENT
Entitlement to Reinstatement and Salary
A member of the PNP who may have been suspended from office in accordance with the
provisions of this Act or who shall have been terminated or separated from office shall,
upon acquittal from the from the charges against him, be entitled to reinstatement and
to prompt payment of salary, allowances and other benefits withheld from him by
reason of such suspension or termination.
Reference: Section 48 RA No. 6975
1. No PNP officer or member, who has resigned to run for elective public of office
or accept a more lucrative employment, shall be allowed re-entry into the police service,
except when there is a shortage of personnel and there is no other equally qualified
applicant available within and outside the police organization.
2. Re-appointment of PNP officers and members who have resigned under the
aforementioned circumstances, when warranted under the forgoing conditions shall be
subject to prior approval by this Commission.

Circular No. 95-05
"An employee who files a certificate of candidacy, even if later on disqualified or

has withdrawn, is still [considered resigned." Furthermore, Section 6 of NAPOLCOM
Memorandum Circular No. 95-05 provides that: "No PNP officer or member, who has
resigned either to run for elective public office or accept a more lucrative employment,
shall be allowed re-entry into the police service, except when there is a shortage of
personnel and there is no other equally qualified applicant available within and outside
the police organization.”
Reference: Section 5, Rule XIII of CSC

Memo Circular No. 40, s 1998
87
PROVIDING FOR THE STANDARD GUIDELINES IN THE CONDUCT OF
INVESTIGATION AND HEARING AGAINST PNP PERSONNEL FOUND USING
ILLEGAL DRUGS:
PRODURES AND STRANDARD GUIDELINESS:
A. SCREENING AND CONFIRATORAY TESTS
1. For the purpose of reducing the risk in the performance of duty as peace officers
during the discharge of official duties or at work place/office and pursuant to existing
policy and laws, all PNP personnel shall be subjected to a surprise or unannounced
random drug test.
2. The PNP personnel subject of unannounced random drug test shall actually be
furnished with a copy of an undertaking by the PNP Crime Laboratory and should sign
and manifest that he is not using any illegal drugs or if taking regulated drugs shall so
declare for such use as duly prescribed by a competent physician.
3. If found positive, the result of screening laboratory examination or test maybe
challenged within fifteen (15) days after receipt of the results. For the purpose, a
confirmatory test may be conducted by PNP Crime Laboratory or in any accredited
analytical laboratory equipped with a gas chromatograph/ mass spectrometry equipment
or some such modern and accepted method. (Section 38, article III, IRR of RA 9165).
4. The conduct of screening and confirmatory tests shall be subjected to a strict
regulation approved and prescribed by the competent authorities.
5. Should the drug test yield positive results without being challenged pursuant to
para 3 above, a mandatory confirmatory test shall be conducted by the PNP Crime
Laboratory within five (5) days after the lapse of the period to challenge the result.
(6.) If officially confirmed that subject PNP member is positive for illegal drugs, it
shall be a prima facie evidence that such PNP personnel has used illegal/dangerous
drugs.
B. PRE-CHARGE INVESTIGATION
(1) Those PNP personnel found positive for use of illegal drugs shall be subjected to
a Pre-Charge investigation to be conducted by the DIDM at the national level; by the
respective RIID in the regions, other DIID at the district level and other investigating
arms of the PNP as designated by the proper PNP Disciplinary Authorities.
(2) The institution of the administrative complaint shall be the responsibility of the
aforesaid investigating office/units by reason of their position. The contents of the
complaint shall be written in a clear, simple and
concise language stating therein the name, rank and station/assignment of the
respondent and the nature of the charge to enable him to prepare his answer within five
(5) working days from receipt of the charge.
(3) The appropriate charge will be for Conduct Unbecoming of an Officer which
refers to any behavior or action of a policeman irrespective of rank, done in his official
capacity/unofficial or private capacity, which, in dishonoring or disgracing himself as a
88
policeman, seriously compromises his character and standing as a gentleman in such a
manner as to indicate his vitiated or corrupt state of moral character.
(4) In case of Presidential appointees, they shall be investigated in accordance with

existing rules and regulations governing the PNP, however, the disciplinary authority
concerned shall not decide their cases, but shall submit the entire records, together with
the corresponding report of investigation to the Office of the President, through
NAPOLCOM, for evaluation and final disposition.
FORMAL SUMMARY HEARING
(1) The PNP Disciplinary Authority shall render the decision within ten (10) days after
the termination of the summary hearing, which should be concluded within fifteen (15)
days from the time the records of the case were officially forwarded to the designated
Summary Hearing Officer.
(2) The procedures in the conduct of a formal summary hearing as well as matters on
appeal shall be in accordance with NAPOLCOM Memo Circular No. 96-010, dated July
31,1993.
(3) The application of appropriate penalties that may be imposed in the use of illegal
drugs shall be in accordance with NAPOLCOM Memo Circular No. 93-024, as amended
by NAPOLCOM Memo Circular No. 98-008 in relation to Sections 52 and 53 of RA 8551.
(4) The conduct of the administrative aspect of the case is without prejudice
to the filing of a separate criminal case although the respondent PNP may avail of the
voluntary rehabilitation program pursuant to RA 9165. Such option is not necessarily an
exemption from administrative indictment.
Reference: PNP Circular

NO.DIDM03-02
SEPARATION FROM THE SERVICE THROUGH RESIGNATION OR OPTIONAL

RETIREMENT DURING THE PENDENCY OF A CRIMINAL
AND/ORADMINISTRATIVECASE.
Section 12 ofR.A3019.as amended, otherwise known as the "Anti-Graft and

Corrupt Practices Act" provides, inter alia, that "no public officer shall be allowed to
resign or retire pending an investigation, criminal or administrative, or pending a
prosecution against him, for any offense under this Act or under the provisions of the
Revised Penal Code on bribery" , whereas, Section 8, Rule XVII!, of the Civil Service
Commission Omnibus Rules Implementing Book V of Executive Order No.292, prescribes
that an officer or employee under administrative investigation shall not be allowed to
resign pending decision of his case.
Justice Conrado M. Vasquez, Ombudsman, and the Civil Service Commission, under CSC
Resolution no. 93-1524, dated 22 April 1993, interpreted the aforecited legal provisions
in this wise:
89
"While it is true that under the Civil Service Rules, an officer or employee of government
with a pendency administrative case shall not be allowed to resign, it should be
construed only to be advisory or directory but not mandatory. A person who wants to
leave the service cannot, as a matter of fact, be prevented from doing so because this
will result to involuntary servitude. What is therefore necessary is to allow or accept
such resignation but it shall be without prejudice to the continuation of the proceedings
against him. Furthermore, it shall also be without prejudice to the filing of any
administrative/criminal case against him for any act committed while in the service".
In view thereof, the following guidelines governing separation from the service
through resignation or optional retirement during the pendency of a criminal and/or
administrative case are hereby issued:
1. Notwithstanding the provisions of Section 12, R.A. No. 3019, as amended, and
Section 8, Rule XVIII, of the CSC Omnibus Rules Implementing Book V of Executive
Order 292,an officer or member of the National Police Commission (NAPOLCOM) or
Philippine National Police (PNP) who has a pending criminal and/or administrative case
may be allowed to resign or retire, subject to the following conditions:
a) The such resignation or retirement, as the case may be, shall be without
prejudice to the continuation of the criminal/administrative proceedings against him and
to the filing of any administrative/criminal case against him or any act committed while
still in the service; and
b.) The payment of all benefits due to the retiring/resigning NAPOLCOM or PNP
officer or member shall be withheld until the final disposition of the case.
2. The investigation and adjudication of the administrative case of the

aforementioned NAPOLCOM or PNP officer or member shall be given top priority by the
disciplinary authority concerned.
This Memorandum Circular shall take effect immediately.
Issued, this 25th day of August 1993, at Makati, Metro Manila, Philippines.

Circular No. 93-012
90
PENALTIES OF PNP PERSONNEL WHO SHALL FAIL OR CAUSE THE FAILURE OF
CONCERNED PERSONNEL TO APPEAR IN COURT CASES:
The duty of PNP personnel to appear and testify in a hearing/investigation,

especially if he is the arresting officer or principal witness in a case, shall be accorded
first priority over all other functions. It is the primary duty of PNP personnel to appear
and testify when so ordered through a notice of subpoena by the Court, Public
Prosecutor, People's Law Enforcement. Board, and Hearing Officer of any tribunal or
duly constituted body authorized by law to hear cases.
a. The PNP Administrative/Personnel Officer who receives the notice/subpoena shall see
to it that said order or notice is served immediately to addressee named therein. If non-
appearance is due to the failure of the Administrative/Personnel Officer to serve the
subpoena or notice, the latter shall be held accountable; for "Neglect of Duty" and
penalized accordingly;
b. PNP personnel who fail without justifiable reason, to appear and justify when so
ordered by the Court, Public Prosecutor, People's Law Enforcement Board, and Hearing
Officer of any tribunal or duly constituted body authorized by law to hear cases, shall be
held accountable for "Serious Neglect, of “Duty" and penalized accordingly; and
c. Dismissal of the case or acquittal of the accused for failure of PNP personnel to
appear, when the PNP personnel so ordered to appear and testify is a principal witness
or the arresting officer, the penalty for grave administrative offense in its maximum
period that is, "Dismissal from the Service be imposed, even if there are attendant
mitigating circumstances.
Reference: DPRM Memo dated Jul'1/ 27,2004
"Fail to appear and testify in court, prosecutor's office, the PNP disciplinary
authorities, appellate bodies, the IAS or any other quasi-judicial body when duly notified
or subpoenaed as witness. If his non-appearance resulted in the dismissal of the case or
the acquittal of the accused; or when he is the principal witness or the arresting officer,
the penalty of dismissal from the service shall be imposed."
Reference: Rule 21 Section 2(C) Para 1(i)

of NMC No-2007-001
91
AMENDING SECTION 6 (a) OF MEMORANDUM CIRCUS,.AR NO. 93-024,
ENTITLED "GUIDELINES IN THE APPLICATION OF PENALTIES IN POLICE
ADMINISTRATIVE CASES", BY REMOVING AS AN ADMINISTRATIVE
DISABILITY INHERENT IN THE PENALTY OF DISMISSAL FROM THE SERVICE,
THE FORFEITURE OF LEAVE CREDITS.
WHEREAS, Section 6 (a) of NAPOLCOM Memorandum Circular No. 93-024 provides inter
alia, that:
"Section 6. Administrative Disabilities Inherent in Certain Penalties.
a. The penalty of dismissal, which results in the separation of the respondent from the
service, shall carry with it that of cancellation of eligibility, forfeiture of leave credits and
retirement benefits, and the disqualification for re-employment in the police service",
(Emphasis supplied).
WHEREAS, the Civil Service Commission (CSC) in :dated July 19, 2005,
suggested for the amendment of Memorandum Circular No. 93-024 anchored on Section
65 of CSC Memorandum Circular No. 14, Series of 1999 and CSC Resolution No 98-
2449, dated September 23,1998, providing that;
"An official or employee who has been penalised with dismissal from the service
is likewise “not barred fro1entitlement to his terminal benefit”. (Emphasis and
undergoing and underscoring supplied).
WHEREAS, the Supreme Court in the case of Jesus N. E3orromeo vs. The Hon.
Civil Service Commission and Secretary of Budget and Mis management GR NO. 96032,
July 31, 1991, made mentioned that "terminal leave which is the cash value of
accumulated leave credits should not be treated as compensation for services rendered".
WHEREAS, there is a need to amend Section 6 (a) of MAPOLCOM Memorandum
Circular No. 93-024 to conform to the foregoing CSC Memorandum. Circular and
Resolution and for uniformity of policy concerning administrative disabilities inherent in
the penalty of dismissal from the service.
NOW THEREFORE, the Commission pursuant to Section 14 (a) and (c) of RA No.
6975 as amended by Section 5 (a) of RA 8551 has- resolved to AMEND, AS IT HEREBY
AMENDS, Section 6 (a) of MC 93-024, by removing as administrative disability inherent,
in the penalty of dismissal from the service the forfeiture of leave credits, which shall
read as follows:
Section 6. Administrative Disabilities Inherent in certain penalties.
a. The penalty of dismissal, which results in separation of respondent from the service,
shall carry with it that of cancellation of eligibility, retirement benefits and
disqualification for re-employment in the police service".
This Memorandum Circular shall take effect immediately.

Done this day of 15th day of may 2006, at Makati City, Philippines May
Circular No. 2006—001.
NAPOLCOM MEMORANDUM
Reference: NAPOLCOM Memo
Circular no. 2006-001
92
MEMBERS of the Technical Working Group
(TWG)
While at work in the preparation of the
DLOD, DPRM manual.
From left to right:

NUP ELENA R. HIERAS,
PCI ANSELMO E. ANDAYAN,
PSUPT RENATO E. JAV1ER, PSSUPT
ULYSSES J. ABEELLERA (C, DLOD),
PSUPT PETER N. NABOYE
and
PCI DAVY VICENTE M. LIMMONG
93

Loi 21 - 08 Patnubay Ii

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PART I

DISPOSITION OF ADMINISTRATIVE CASES

Dispensation of discipline is generally governed by LOI PATNUBAY II which

SUBJECT : (LOI 21/08 (PATNUBAY II)

a. DILG Memorandum Circular No. 93-02 dated August 2,1993;

In accordance with the Integrated Transformation Program, a Task Force shall

2) Investigation and prosecution aspect

a) Resolution of all backlog pending administrative cases nationwide within three

4) Information and Advocacy

1) Directorate for Personnel and Records Mananagement (DPRM)

4) Directorate for Operations (DO)

a) Provide assistance/support to TF Patnubay in respective areas of expertise.

5) Directorate for Logistics (DL)

6) Directorate for Comptrollership (DC)

7) Directorate for Police and Community relations (DPCR)

8) Directorate for Human Resource and Doctrine Development (DHRDD)

9) Internal affairs Service (IAS)

11) Chaplain Service (CHS)

12) Legal Service (LS)

13) Training Service (TS)

14) Police Community Relations Group (PCRG)

15) Criminal Investigation and Detection Group (CIDG)

16) Public Information Office (PI 0)

1) Chief of offices/units shall strictly and expeditiously implement all existing

a. LOI PATNUBAY 11;

The resolution of administrative cases seems to be "snail-paced" even if clear

a) To inventory all pending administrative cases (as defined in PNP and

a) Organization and Consolidation Phase:

(1) A National Investigation and Prosecution Task Group (NIPTG) shall be

b) Investigation and Adjudication Phase:

In addition to the guidelines set by PNP Memorandum Circular 2007-001, the

(a) Oversee the implementation of this LOI.

2) Directorate for Personnel and Records Management (DPRM)

(a) Conduct summary hearing proceedings.

- Provide assistance/support in respective areas of expertise.

4) Directorate for Comptrollership (DC):

5) Directorate for Investigation and Detective Management (DIDM) and Criminal

(a) Conduct investigation in support of pre-charge evaluation.

a) Incidents where a police personnel discharges firearm;

8) For expeditious disposition of cases, no decision by the Disciplinary Authorities

a. The Deputy Director for Personnel and Records Management. (TDDPRM) is

EDGARDO E ACUÑA, CEO VI

a) Chiefs of Police or Directors of City Police Offices, where the offense is

CITIZEN'S COMPLAINT AND BREACH OF INTERNAL DISCIPLINE

SUBJECT : GUIDELINES IN THE CONDUCT OF SUMMARY PROCEEDINGS

a. Alunan vs. Asuncion, GR No. 115824 dated January 28, 2000;

"That CIS Agents, including the NAPOLCOM operatives, who opted to be

4. Henceforth, as pronounced, all administrative cases against Non- Uniformed

5. However, nothing in this memorandum shall be construed as a diminution or

6. For widest dissemination and guidance.

For Light Offenses;

1) Withholding of privileges; restriction to specified limits; restrictive custody;

For Less Grave Offenses:

1) Withholding of privileges; restriction to specified limits; restrictive custody;

For Grave Offenses:

Sec. 3. Limitation in the Imposition of Penalties. - In case of forfeiture of salary

Sec. 4. Qualifying Circumstances. - In the determination of penalties to be imposed,

a) The following are mitigating circumstances:

b) The following are aggravating circumstances:

1) taking advantage of official position;

Sec. 5. Guidelines in the Application of Penalties. - The imposition of penalty shall

Sec. 6. Administrative Disability Inherent in Certain Penalties.- The following