Procedure in the Termination

of Service of Police Trainees

in Temporary Status
 REFERENCES:

•R.A. No. 6975 as amended by R.A. No. 8551

and R.A. No. 9708;

•NAPOLCOM Memorandum Circular No.

2007-009; and

•NAPOLCOM Memorandum Circular No.

2016-002.
 OBJECTIVES:
•Cancellation of pay and allowances;
•Creation of a Termination Deliberation Board
(TDB);
•Delineate the specific duties and
responsibilities of units in the termination
proceedings; and
•To fill in the vacancy created by the
termination should the same occur within one
month from the oath taking of recruits.
CREATION OF TERMINATION
DELIBERATION BOARD (TDB)
 Composition and Functions (PROs):
Position Composition Function
Chairman DRDA Act as overall supervisor during deliberation
Vice-Chair RCDS Assist the Chairman in the deliberation
Member R1 Cancellation of appointments/orders in
coordination with CSC
Member R2 Validate information related to the assailed
grounds for termination
Member C, RFS Initiate the immediate cancellation of salary
and allowances in case of guilt of the
respondent.
Member R7 Initiate the conduct of investigation relating to
matters complained of
Member C, RLS Provide legal assistance during deliberation
Secretariat C, DLOS Initiate the filing of admin and criminal actions
Composition and Functions (NSUs):
Position Composition Function
Chairman DDA Act as overall supervisor during
deliberation
Vice-Chair CDS/CS Assist the Chairman in the deliberation
Member ARMD Cancellation of appointments/orders in
coordination with CSC
Member IID/ID Validate information related to the assailed
grounds for termination
Member FMD/FLD Initiate the immediate cancellation of
salary and allowances in case of guilt of
the respondent.
Member IAO Initiate the conduct of investigation relating
to matters complained of
Member SLO Provide legal assistance during
deliberation
Secretariat C, DLOS Initiate filing of admin and criminal actions
 GUIDELINES:

•All newly recruited police trainees shall be appointed

in temporary status for 12 months pending compliance
with the (FTP)

•If after the 12 months, the FTP has not yet concluded
due to a valid cause, his/her temporary status shall be
renewed for 12 months for the purpose of completing
the said FTP.
•In general, termination shall be in the nature of a
summary administrative proceeding.

•The termination of service shall be done with

utmost objectivity and impartiality.
 Grounds for Termination

1) The ff Grave Administrative offenses are grounds for

termination of police trainees :
• Grave Misconduct;
• Incompetence;
• Dishonesty;
• Disloyalty to the government;
• Serious irregularities in the performance of duties;
• Serious Neglect of Duty;
• Oppression; and
• Immorality.
2) Lack of Aptitude in the Service – shall refer to the
following:
a. Academic deficiency arising from failure to
obtain a passing grade;
b. Serious violation of training rules and
regulations involving non-academic matters; and
c. Possession of such habits, traits, conduct or
behavior which, when taken on their overall
context, tends to manifest and display an
undesirable disposition or attitude towards the law
enforcement profession.
3) Failure to complete the required FTP, PSBRC or
FTX within the prescribed period of 12 months
(from appointment) due to the following reasons:

a. Unauthorized Absences or Non-appearance

in the PSBRC or FTX; and

b. Non-completion of the PSBRC or FTX due to

physical and/or mental incapacity.

4) Failure to attain or satisfy the weight required

within six months from appointment if admitted
due to waiver.
 Who may initiate?

1) The termination proceedings against a police

trainee may be initiated by:
• any concerned individual,
• police officer or
• police office/unit
(based on a sworn complaint or statements stating
any grounds for termination)
 Where to file the complaint?
2. The said complaint shall be filed with the
concerned office tasked to handle administrative
cases in the NPTI/RTS/STU where the said police
trainee is undergoing PSBRC/FTP.

• Upon determination of probable cause, the said

office shall recommend to the Director of
PNTI/RTS/STU the issuance of RTU) Order.
• The recommendation shall be accompanied by
evidence from which the probable cause was
based;
 Issuance of RTU Order
3) Upon determination of probable cause, the
Director of PNTI/RTS/STU shall issue a RTU
Order. Otherwise he shall dismiss the complaint.
(two days from receipt of the recommendation)

4) The case folder shall be forwarded to the

Termination Authority (Attn: RPRMD/ARMD)
accompanied by a cover letter pertaining to the
trainee’s inability to comply with the requirements
for the completion of the PSBRC/FTP;
 Order of Reassignment
5) Upon receipt of the RTU Order and case folder,
RPRMD/ARMD shall issue orders reassigning the
concerned police trainee to RPHAU or its
equivalent office;

Filing of a Formal Charge

6) Within two days from receipt, the HRDDS shall
determine probable cause. If probable cause
exists, a formal charge shall be filed against the
police trainee before the DLOS/DLOD;
 Activation of TDB

7) Immediately upon receipt, the DLOS/DLOD shall

cause the activation of the TDB to conduct
termination proceeding and furnish the police
trainee of the charge and direct the latter to
answer the same within three days

Waiver of Right
8) failure to answer the charge/s within the
prescribed period, the summary hearing of TDB
shall immediately proceed ex parte;
9) In the case of physical and/or mental
incapacity, the TDB shall order the conduct of
medical/physical/neuro-psychiatric examination
on the respondent.

(results/findings will be used as supporting

evidence in the resolution of the case)
 The Termination Proceeding Proper

10) Within the next three days after receipt of

respondent’s answer, the TDB shall commence
the termination hearing which shall be
completed within five days.

(The police trainee concerned shall be notified and

be allowed to appear on the hearing dates)
11) Being summary in nature,
• Direct examination of witnesses shall be
dispensed. Affidavits and the sworn
statements of witnesses shall taken in lieu of
oral testimonies.
• Either party may ask clarificatory questions
which shall be limited to the documents at
hand.
• Clarificatory questions must be confined to
material and relevant issues.
• Prolonged arguments and other dilatory
proceedings shall not be entertained.
• Clarificatory questioning shall not exceed 30
minutes;
12) Upon completion of the hearing, the TDB
submits the Resolution and draft decision within
2 days to the Termination Authority with the
corresponding course of action to be taken;

13) The Termination Authority shall render the

Decision within two days from receipt of the TDB
Resolution whether the police trainee concerned
is fit to continue his/her service in the PNP.
14) In case the decision is favorable, the Terminating
Authority shall direct the issuance of Orders
allowing the police trainee to join the next batch.

In case of unfavorable decision, the Termination

Orders shall be issued. Orders issued shall be
immediately executory;

15) When an unfavorable decision is issued, criminal

and/or civil action may be instituted if warranted
under the situation;
 Grant of Leave Without Pay And Allowances

16) The Terminating Authority may grant leave without

pay and allowances for a period of not more than one
year to police trainees who are unable to complete the
required PSBRC/FTP if the same is caused by any of
the following circumstances:
a) Pregnancy of a married female police trainee;
b) Major medical operations due to training related
activities;
c) Serious injuries sustained during training related
activities; and
d) Serious injuries sustained during the FTP if such
injuries were caused by accident or situations not
attributable to the concerned police trainee.
17) Should the Terminating Authority grant leave
without pay and allowances, the Chief, RPHRDD or
ARMD shall issue the appropriate orders to stop the
payment of his/her pay and allowances. The police
trainee shall be granted leave under this section
only once and shall be allowed to join the next batch
of trainees;

18.) A police trainee who was granted leave without

pay and allowances but still unable to join the next
batch of trainees shall be subjected to termination
proceedings under this MC;
 Re-employment of Terminated Police
Trainee

19.) The police trainee who was terminated may be

re-employed back to the police service provided
that the following conditions are complied with:
a) He shall apply in writing before the recruiting
unit where his/her original quota belongs;
b) Shall pass the PAT, PPE, PMDE, and Drug
Test
c) Shall join the PNP FTP of the new batch of
recruits; and
d) Shall shoulder the Initial Clothing Allowance
regardless whether or not he/she already received
the same in the year he/she was terminated.
20.) The grant of leave provided for in this MC
and the subsequent re-employment shall result in
a gap in the police service of the concerned
police trainee.
Appeal Procedure

1) Decisions of the Termination Authorities may be

appealed to the NAPOLCOM En Banc by filing a
Notice of Appeal before the Termination Authority,
furnishing the NAPOLCOM with the copy thereof
within ten days from receipt of the copy of the
decision.
 2.) Notice of Appeal and Memorandum On
Appeal
A Notice of Appeal shall be filed in three legible
copies which shall contain the following:
(a)The material dates showing that it was filed on
time;
(b)The assignment of the specific errors of fact or
law, or both, allegedly committed by the Termination
Authority; and
(c)the specific appellate body to which the appeal
is being taken.
The appellant shall submit a Memorandum on
Appeal in three legible copies not later than 15
days from the filing of the notice of appeal, copy
furnished the Termination Authority.
 3.) Dismissal of the Appeal

Failure of the appellant to comply with the

requirements provided in paragraphs f (1) and (2)
shall be sufficient ground for the dismissal of the
appeal.
 4.) Transmittal of the Records

Within 15 days from receipt of the Notice of Appeal,

the concerned Termination Authority shall forward the
complete original records of the case to the
NAPOLCOM en banc.

The transmittal of the record shall be a ministerial

duty and failure to forward the same shall be a
ground for administrative action
5) Reversal of the Decision

In case of reversal of the decision of the Appointing

Authority terminating the appellant from the police
service, the latter shall be processed and allowed to
join the next batch of recruits for purposes of taking
and completing the FTP.
Recruitment of Terminated Patrolman Recruit

Any newly appointed Patrolman who has been

terminated for failure to complete the required FTP
within the prescribed period of 12 months may be
reappointed to the PNP provided he or she
possesses all the minimum qualifications required
for reappointment. Provided further, that he/she
should pass the required FTP. Provided
furthermore, that the ground of his/her termination
is not one of the Grave Administrative Offenses
mentioned in this MC. Provided finally, that only
those who have not yet availed of such
reappointment shall be eligible.
Procedure in the Termination
of Service of Newly Appointed
Commission Officers in
Temporary Status
 REFERENCES:

•R.A. No. 6975 as amended by R.A. No. 8551

and R.A. No. 9708;

•NAPOLCOM Memorandum Circular No.

2018-002; and

•NAPOLCOM Memorandum Circular No.

2016-002.
Letter o) Section VII of NAPOLCOM
Memorandum Circular No. 2018-002

GUIDELINES ON PROBATIONARY
PERIOD
o.1) CONDITIONS DURING PROBATIONARY
PERIOD
o.2) GROUNDS FOR TERMINATION
The Chief, PNP shall be the sole
termination authority of all PCOs in
Temporary Status.
 COMPOSITION OF TERMINATION
BOARD
TDPRM CHAIRMAN
TDIDM VICE-CHAIRMAN
TDI MEMBER
TDHRDD MEMBER
D, LS MEMBER
RD, PROs or D, NSUs MEMBER
C, RSD SECRETARIAT
C, DLOD SECRETARIAT
END OF PRESENTATION