NAPOLCOM MC No.

2021-002

RULES AND REGULATIONS IN THE

CONDUCT OF TERMINATION
PROCEEDINGS AGAINST PNP
UNIFORMED PERSONNEL IN
TEMPORARY STATUS
NMC No. 2021-002

 Sets a new uniform circular which shall be applicable to termination

proceedings of PNP uniformed personnel in temporary status,
whether they are recruited as Non-Commissioned Officers or
Commissioned Officers via Lateral Entry. [It does not cover PNPA
graduates.]

 Effectivity: June 3, 2021

General Principles/Guidelines

 All newly-appointed police officers for both entry level (Pat) and via
lateral entry (PLT/PCPT) shall complete the 12-month PSFTP (PSOBC
for NAPCOs & PSBRC for NAPNCOs).
 It includes actual experience in patrol, traffic, and investigation.
 In-servicelateral entry applicants with pending administrative cases
are not barred to be appointed as NAPCO. However, they shall
endeavor to have their administrative cases resolved prior to their oath-
taking as NAPCO. [NOTE: The administrative cases should be
service-connected. (NMC 2018-002)]
General Principles/Guidelines
 Irrevocable Undertaking of Non-Pregnancy
 Executed prior to appointment and commencement of training.
 Female applicants commits to not getting pregnant during the course of the
training as their continuation with the training, while being pregnant, will pose
grave risks not only on the trainee but also to her unborn child.
 Similar Undertaking of Male Applicants
Male applicants shall not impregnate a fellow trainee while undergoing the
PSFTP.

 Violation of the said Undertakings shall be a ground for NON-DISCIPLINARY termination of the male and/or
female NAPCO/NAPNCO.
 Termination
Deliberation Board
 It refers to the body that shall have the authority to assess and determine the merit and fitness of police
officers in temporary status and recommend the termination of those found unfit to remain and
continue in the PNP service.
 TheTermination Deliberation Board has the jurisdiction to assess the
merit and fitness of NAPCOs/NAPNCOs who may recommend to the
appointing authority either of the following:
1. Termination from Police Service
2. Cancellation of Appointment
3. Non-renewal of Appointment
 The Appointing Authority has the power to decide based on the
aforesaid recommendation of the TDB.
 TDB for NAPCO
Position Composition Function
Chairman TDPRM Evaluate the merit and
Vice Chairman DD, DHRDD fitness of the police officer in
temporary status and
Member D, Unit recommend disposition to
Member DD, Legal Service the Appointing Authority.
Member DD, PNP TS
Member C, ITPD, DHRDD
Resource Person C, PE/C, Medical of HS
Secretariat C, RSD/or its equivalent
division (PNCOD)
 TDB for NAPNCO
Position Composition Function
Chairman DRDA/DDA Evaluate the merit and
Vice Chairman C, RLDDD/or its equivalent position fitness of the police officer in
temporary status and
Member C, ARMD/RPRMD recommend disposition to the
Member C, RLO/SLO/LO Appointing Authority.
Member TM, RSTU/RTD, Training Centers

Member C, ITPD, DHRDD

Resource Person C, PE/C, Medical of RHS

Secretariat C, RSD/or its equivalent division

(PPSS/Asst. C, ARMD)
 Grounds for Termination
 Disciplinary in Nature

1. Commission of a felony punishable under the RPC, Special Laws, or

under Rule 21 of NMC No. 2016-002.

 A finding of culpability therein shall result in the police officer’s termination

from the police service, akin to dismissal from the service.

 The accessory penalties appurtenant to dismissal from the service shall

likewise attach to said termination from the police service.
Grounds for Termination

Non-Disciplinary in Nature

1. Violation of the Undertakings

2. Lack of Aptitude in the Service
3. Physical, Medical, and Mental Incapacity
Grounds for Termination
 Lack of Aptitude
i. Academic deficiency arising from failure to obtain a passing grade in the
required basic training course in accordance with the established training
rules and guidelines;
ii. Serious violation of existing training rules and regulations involving non-
academic matters; and
iii. Possession of such habits, traits and unsatisfactory conduct or behavior
or want of capacity, which when taken in the overall context, tend to
manifest and display an undesirable disposition or attitude towards the law
enforcement profession.
Grounds for Termination

 Physical, Mental and Medical Incapacity

i. Temporary, permanent, or continued incapacity arising from ill-health or injury to
include the necessary recovery period of an illness, surgery or injury;
ii. Any medical/surgical condition that significantly limit performance of the
required physical training and activities as certified and validated by authorized
medical officers;
iii. Any aggravated health condition due to pre-existing medical condition/s;
iv. Any communicable disease that would likely endanger the health of other police
officers in temporary status, including its non-infectious stage;
v. Any pre-existing, recurring, or newly diagnosed mental illness or disorder; and
Guidelines for Physical, Mental or Medical Incapacity

─ If the recovery period does not exceed one (1) year, they shall be
allowed to go on sick leave, if applicable, otherwise, they shall be
granted leave without pay which shall only be granted once.
─ The C, PE/C, Medical Division, PNP Health Service shall, after the
lapse of the leave, evaluate the NAPCO/NAPNCO to determine
his/her fitness to undergo training or perform police duties/functions.
─ An unfavorable recommendation shall subject the NAPCO/NAPNCO
to termination proceedings or proceedings for total permanent
physical disability (TPPD) retirement, if applicable.
 Rules Applicable to In-Service NAPCO
Nature of the Case
A. ADMINISTRATIVE OFFENSE/DISCIPLINARY
1. Offense Committed While in Previous
Rank
a) Charge while in previous rank but
penalized after appointment as NAPCO.
b) Charge after appointment as NAPCO for
acts/omissions committed in previous
rank.
2. Offense Committed While in Temporary
Status
─ Formally charged during the period of
his/her temporary status for an
administrative offense committed during
said temporary appointment.
Effects as to Implementation of
Applicable Rule
Penalty/Applicable Rule (Human Effects on Appointment
Resource Action)
NMC No. 2016-002 in Suspension/Demotion – serve the penalty Cancellation of temporary
relation to Rules 2, 4c, when no MR was filed or after the appointment as NAPCO and shall
and 8 of NMC No. resolution of MR. cause his/her return to former
2021-002 position – terminated for failure to
complete mandatory course.
NMC 2019-005
Dismissal – serve even if with MR with all Immediately dismissed
the accessory penalty. notwithstanding the filing of MR.
Rule II, para 6, 7(a),  Subject to Termination Proceedings
NMC No 2021-002
(Rule II, para 8 in Not Liable – issue order to continue Remain as NAPCO.
relation to para 7a and training or join the next class/exonerated.
Rule III, para m)
Termination from the Police Service –
akin to dismissal. Immediately executory. Terminated or Dismissed from the
service with accessory penalty.
 Rules Applicable to In-Service NAPCO
Effects as to Implementation of
Applicable Rule
Nature of the Case Penalty/Applicable Rule (Human Effects on Appointment
Resource Action)

A. NON-ADMINISTRATIVE OFFENSE/NON-DISCIPLINARY

1. Lack of Aptitude in the Service Rule II, para 7 (b & Cancellation of appointment; or In-service NAPCO will revert to
c), and Rule II, para previous rank.
2. Physical, Medical, and Mental 3 of NMC No. 2021- Non-renewal of appointment.
Incapacity 002

3. Violation of Undertakings
 Rules Applicable to Civilian NAPCO and NAPNCO
Effects as to Implementation of
Nature of the Case Applicable Rule Penalty/Applicable Rule (Human Effects on Appointment
Resource Action)

A. ADMINISTRATIVE OFFENSE/DISCIPLINARY
Offense Committed While in Temporary Status.

a) While on 1-yr mandatory training Rule III, para m, Not Liable – issue order to continue Remain as NAPCO/NAPNCO.
NMC No. 2021- training or join the next
b) Awaiting mandatory training/Change of 002 class/exonerated.
appointment to permanent
Termination from the Police Service Terminated or Dismissed from the
– akin to dismissal. Immediately service with accessory penalty.
executory.

B. NON-DISCIPLINARY

1. Lack of Aptitude in the Service
2. Physical, Medical, and Mental Incapacity
3. Violation of Undertakings
Rule II paras 3 Cancellation of appointment; or Civilian NAPCO/NAPNCO will be
and 11, NMC No. separated from the PNP service.
2021-002 Non-renewal of appointment.  May qualify for reemployment
provided that he/she possesses all the
minimum qualifications and the
reason for termination is NOT
DISCIPLINARY in nature.
 Only those who have not yet availed
of such reemployment shall be
eligible.
Undergoing 1-year FTP (PLT/PCPT)
A termination proceeding Investigation on the complaint by the training provider
may be initiated motu The RTU Order shall include the investigation
proprio, or based on any Issuance of RTU Order report conducted by the RIDMD/IDMD of
PROs/NSUs.
complaint, act or omission,
Investigated by IAS/RIAS
or due to valid grounds. Inform DHRDD of its order
Conduct investigation on the
complaint
DHRDD shall initially request DPRM for the
activation of TDB Upon completion of
The TDB shall only acquire jurisdiction over investigation, records shall
Activation of TDB the police officer after the issuance of RTU be forwarded to Disciplinary
Order by the training provider.
Upon issuance of the order activating the TDB, the Authority
Secretariat shall immediately furnish the subject police officer
with the Training Provider’s Investigation/Formal Charge and Respondent’s Position Paper
the latter shall, within 3 days from the receipt thereof, submit
his/her Position Paper Upon knowledge that the
Within 3 days after the lapse of the period to file Position
Deliberation of TDB subject police officer is in
Paper, the TDB shall convene to evaluate the merit and
fitness of the police trainee based on the documents from
temporary status, the case
the trainee, the training provider had submitted. Clarificatory hearing TDB may require the attendance of the should be referred to
police officer in temporary status or direct training provider
the submission of additional documents, or
TDB shall submit Resolution with
Recommendation to the appropriate
Submission of Resolution with Recommendation invite witnesses who may shed light on the
matter
Appointing Authority within 3days to the appropriate Appointing Authority
after the deliberation, stating therein
their findings and recommendations
Decision

An Order will be issued to stop the payment of his/her salary

Termination/Cancellation/Non-Renewal
Favorable Decision of Appointment
(DA will issue order to continue
(Notice of Termination will be sent to him together
the training or join the next class)
with the grounds thereof and furnish CSC)
on the condition that he/she should be fit to join the next
Granted Leave Without Pay
(DPRM/ARMD/R1 shall issue order granting
training after the completion of the said period. Provided, that
the medical condition of the trainee allows him/her to continue
leave without pay for a period not exceeding
with the training after the period of recovery with a maximum of
1 year)
1 year upon recommendation of PNP HS.
Awaiting FTP or have Undergone Training (PLT/PCPT)
Investigation on the complaint by the concerned unit
A termination proceeding
may be initiated motu
proprio, or based on any Should the investigation
complaint, act or omission, Entire records shall be referred to the TDB Secretariat with the request warrants the termination of
for the issuance of subject trainee for reassignment to PHAU/RPHAU the police officer
Investigated by IAS/RIAS
or due to valid grounds.
Conduct investigation on the
complaint
Activation of TDB
Upon completion of
Upon issuance of the order activating the TDB, the
Secretariat shall immediately furnish the subject police officer investigation, records shall
with the Training Provider’s Investigation/Formal Charge and Respondent’s Position Paper be forwarded to Disciplinary
the latter shall, within 3 days from the receipt thereof, submit
his/her Position Paper
Authority

Within 3 days after the lapse of the period to file Position

Paper, the TDB shall convene to evaluate the merit and Deliberation of TDB Upon knowledge that the
fitness of the police trainee based on the documents from
the trainee, the training provider had submitted. subject police officer is in
temporary status, the case
TDB may require the attendance of the
Clarificatory hearing police officer in temporary status or direct
should be referred to the
TDB shall submit Resolution with the submission of additional documents, or concerned unit
Recommendation to the appropriate invite witnesses who may shed light on the
Appointing Authority within 3days
Submission of Resolution with Recommendation matter
after the deliberation, stating therein to the appropriate Appointing Authority
their findings and recommendations

Decision

An Order will be issued to stop the payment of his/her salary

Termination/Cancellation/Non-Renewal
Favorable Decision of Appointment
(DA will issue order to continue
(Notice of Termination will be sent to him together
the training or join the next class)
with the grounds thereof and furnish CSC)
on the condition that he/she should be fit to join the next
Granted Leave Without Pay
(DPRM/ARMD/R1 shall issue order granting
training after the completion of the said period. Provided, that
the medical condition of the trainee allows him/her to continue
leave without pay for a period not exceeding
with the training after the period of recovery with a maximum of
1 year)
1 year upon recommendation of PNP HS.
Undergoing 1-year FTP (Pat)
A termination proceeding Investigation on the complaint by the training provider
may be initiated motu The RTU Order shall include the investigation
proprio, or based on any report conducted by the training provider, which
complaint, act or omission, Issuance of RTU Order shall be reduced in the form of formal charge in
cases of disciplinary actions. Investigated by IAS/RIAS
or due to valid grounds.
Conduct investigation on the
The TDB shall only acquire jurisdiction over complaint
the police officer after the issuance of RTU Immediate Activation of TDB
Order by the training provider.
Upon completion of
Upon issuance of the order activating the TDB, the
investigation, records shall
Secretariat shall immediately furnish the subject police officer Respondent’s Position Paper be forwarded to Disciplinary
with the Training Provider’s Investigation/Formal Charge and Authority
the latter shall, within 3 days from the receipt thereof, submit
his/her Position Paper

Within 3 days after the lapse of the period to file Position Upon knowledge that the
Paper, the TDB shall convene to evaluate the merit and Deliberation of TDB
fitness of the police trainee based on the documents from subject police officer is in
the trainee, the training provider had submitted. temporary status, the case
Clarificatory hearing TDB may require the attendance of the should be referred to
police officer in temporary status or direct training provider
the submission of additional documents, or
TDB shall submit Resolution with
Recommendation to the appropriate
Submission of Resolution with Recommendation invite witnesses who may shed light on the
matter
Appointing Authority within 3days to the appropriate Appointing Authority
after the deliberation, stating therein
their findings and recommendations
Decision

An Order will be issued to stop the payment of his/her salary

Termination/Cancellation/Non-Renewal
Favorable Decision of Appointment
(DA will issue order to continue
(Notice of Termination will be sent to him together
the training or join the next class)
with the grounds thereof and furnish CSC)
on the condition that he/she should be fit to join the next
Granted Leave Without Pay
(DPRM/ARMD/R1 shall issue order granting
training after the completion of the said period. Provided, that
the medical condition of the trainee allows him/her to continue
leave without pay for a period not exceeding
with the training after the period of recovery with a maximum of
1 year)
1 year upon recommendation of PNP HS.
Awaiting FTP or have Undergone Training (Pat)
A termination proceeding
RIDMD/IDMD of PROs/NSUs must conduct investigation
may be initiated motu
proprio, or based on any
complaint, act or omission, Should the findings of the
or due to valid grounds. RIDMD/IDMD recommends for the activation of TDB
investigation warrants the Investigated by IAS/RIAS
termination of the police
officer Conduct investigation on the
complaint
Activation of TDB
Upon completion of
Upon issuance of the order activating the TDB, the
Secretariat shall immediately furnish the subject police officer
investigation, records shall
with the Training Provider’s Investigation/Formal Charge and Respondent’s Position Paper be forwarded to Disciplinary
the latter shall, within 3 days from the receipt thereof, submit Authority
his/her Position Paper

Within 3 days after the lapse of the period to file Position

Paper, the TDB shall convene to evaluate the merit and Deliberation of TDB Upon knowledge that the
fitness of the police trainee based on the documents from subject police officer is in
the trainee, the training provider had submitted.
temporary status, the case
TDB may require the attendance of the
Clarificatory hearing police officer in temporary status or direct should be referred to the
TDB shall submit Resolution with the submission of additional documents, or concerned unit
Recommendation to the appropriate invite witnesses who may shed light on the
Appointing Authority within 3days
Submission of Resolution with Recommendation matter
after the deliberation, stating therein to the appropriate Appointing Authority
their findings and recommendations

Decision

An Order will be issued to stop the payment of his/her salary

Termination/Cancellation/Non-Renewal
Favorable Decision of Appointment
(DA will issue order to continue
(Notice of Termination will be sent to him together
the training or join the next class)
with the grounds thereof and furnish CSC)
on the condition that he/she should be fit to join the next
Granted Leave Without Pay
(DPRM/ARMD/R1 shall issue order granting
training after the completion of the said period. Provided, that
the medical condition of the trainee allows him/her to continue
leave without pay for a period not exceeding
with the training after the period of recovery with a maximum of
1 year)
1 year upon recommendation of PNP HS.
 Take Note!
 In case the acts/omission of a police officer give rise to both disciplinary and non-disciplinary
termination proceedings, the same shall be heard separately but shall be resolved jointly by the
Appointing Authority.

 The secretariat shall furnish the Civil Service Commission of the decision of the Appointing
Authority to terminate the police officer in temporary status.

 In all cases, the Order of termination from the police service shall be immediately executory.

 Termination of temporary appointment due to other causes shall be FINAL and EXECUTORY upon
the issuance of the corresponding Order of Termination by the appointing authority concerned.
 APPEAL
 NAPOLCOM En Banc
 Filinga Notice of Appeal before the termination authority concerned, furnishing the NAPOLCOM,
through the Legal Affairs Service – within 5 days from receipt of the decision.
 Notice of Appeal contains the following:
1. Material dates showing it was filed on time;
2. Assignment of specific errors or fact or law, or both, allegedly committed by the Termination Authority; and
3. Specific body to which the appeal is being taken.
 A Memorandum on Appeal shall be submitted by the appellant to the NAPOLCOM, copy furnished
the termination authority, within five (5) days from the filing of the Notice of Appeal. An appeal fee
of PhP300.00 shall be paid not later than five (5) days upon filing of the Memorandum of Appeal.
 Failure to comply with the foregoing requirements shall be sufficient ground for the dismissal of the
appeal.
 Obligation of the Termination
Authority in Case of Appeal
 Within 5 days from receipt of the Notice of Appeal, the concerned termination
authority shall transmit the complete original records of the case to the
NAPOLCOM, thru the Legal Affairs Service, which shall be systematically and
chronologically arranged, paged and securely bound to prevent loss of any
piece of document thereof.

 The transmittal of the records shall be a ministerial duty and failure to forward
the same in accordance with the aforementioned requirements without sufficient
justification shall be a ground for administrative action against the concerned
official or personnel for Grave Neglect of Duty.
 REVERSAL OF DECISION
 In case of reversal of the assailed decision of the termination authority, the
imposition of the accessory penalties attached to the offense charged shall be
considered vacated.

 Thus, upon its discretion, the termination authority in its capacity as appointing
authority may reinstate to the police service or renew the appellant’s temporary
appointment for another year.

 In case of renewal, the concerned NAPCO/NAPNCO shall not be issued with

permanent appointment unless he/she has completed the required police training.
 PROSPECTIVITY
 The application of this NMC shall be limited to termination
proceedings initiated at the time of its effectivity.

 Terminationproceedings pending or initiated prior to the issuance

of this NMC shall be resolved in accordance with the Rules of
Procedure existing at the time of the initiation of said proceedings.
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