[ PNP MEMORANDUM CIRCULAR NO. 2005-005, May 13, 2005 ]
GUIDELINES AND PROCEDURES GOVERNING THE GRANT OF SPECIAL PROMOTION TO PNP UNIFORMED PERSONNEL
I. REFERENCES:
This Circular applies to all uniformed personnel of the Philippine National Police.
3. OBJECTIVES:
This Circular aims to:
a. Establish guidelines and procedures in the submission, processing, arid evaluation of applications/recommendations for special promotion of PNP uniformed personnel;
b. Enable the PNP Special Promotions, Awards and Decorations Board to evaluate properly and objectively ail applications for special promotion;
c. Inspire and promote the spirit of heroism, dedication, hard work, devotion to duty, and active involvement in pubiic service of other PNP uniformed personnel;
d. Ensure fairness and consistency in the grant of special promotion or appropriate award to deserving, PNP uniformed personnel and institutionalize the spirit of prompt ' recognition;
e. Provide a policy for the grant of special promotion or appropriate award to PNP ; ' uniformed personnel provided for under Section 33 of RA 8551, as validated by -. NAPOLCOM Memo Circular No. 98-012.
4. DEFINITION OF TERMS:
a. Special promotion - is a promotion to the next higher rank or position as provided for under Section 33 of RA 8551, validated by NAPOLCOM Memo Circular No. 98-012 and satisfies the criteria set forth by this Circular.
b. Promotion - is the conferment to the next higher rank with the corresponding increase in salary and pay.
c. Personal bravery - extreme courage or resoluteness manifested by a specific person while, alone or together with his group or association, tackling a physically existing danger, risk or difficulty.
d. Courage - the most general terms, Indicating fearlessness and determination, whether physical, mental, or moral, against a wide range of difficulties or dangers.
e. Fearlessness - a term similar to bravery, but less commonly used.
f. Nerve - coolness and steadiness, sometimes with the suggestion of calculated risk-taking.
g. Guts - a widely used slang term suggesting boldness or fortitude when faced with a difficult or potentially dangerous situation.
h. Self-sacrifice - giving up of personal interest for a higher sense of duty in order to benefit others. It is synonymous to altruism, selflessness, self-denial and martyrdom.
i. Above and beyond the call of duty - the voluntary, conscientious, civic and . legally interfering undertaking that is not demanded anymore by a police officer's basic tasks. It is characterized by the demand of necessity to save life and property and implored by one's sense of righteousness. At times, this undertaking maybe complementary to an existing activity performed by another person, group or agency. Nonetheless, its value does not diminish in anyway.
j. Conspicuous - visible, obvious, striking, prominent and distinct.
k. More than ordinary hazardous service - act done characterized by the presence of an extremely dangerous situation that is threat to life and limb.
I. Involving risk of life so extraordinary - a life and death threatening situation in an actual confrontation or encounter with armed lawless elements. Risk should be real, definite and tangible.
m. Act of heroism or heroic act-the acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty.
5. BASIS FOR SPECIAL PROMOTION:
The legal basis for the grant of special promotion to PNP uniformed personnel is provided in Section 38 (b) of RA 6975 as amended by Section 33 of RA 8551. The amended provision states that;
"A uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry, at the risk of his/her life above and beyond the call of duty, shalf be promoted to the next higher rank; Provided, that such acts shall be validated by the Commission based on the established criteria."
Further, NAPOLCOM Memo Circular No. 98-012 prescribes two (2) validated acts of conspicuous courage and gallantry, as hereunder enumerated:
1. A deed of personal bravery and self-sacrifice above and beyond the call duty of a PNP uniformed personnel so conspicuous as to distinguish himself clearly above his comrades m the performance of more than ordinary hazardous service: or
2. An act of heroism exhibited in the face of an armed enemy so notable and involving a risk of life so extraordinary as to set him apart from his comrades.
6. GOVERNING PRINCIPLES:
The following principles shall guide the processing of special promotion of all PNP uniformed personnel:
a. To be fully effective, the grant of special promotion or award should be timely. It is highly desirable that a recommendation be coursed through proper channels and acted upon as quickly as possible. If circumstances preclude the submission of a completely documented recommendation, it is best to submit immediately what is on hand, with the information that additional data/information are to be submitted later. Action by intermediate offices/board and the final approving authority shall be expeditious.
b. To preclude the occurrence of a double promotion or award on account of a single accomplishment by a PNP uniformed personnel who had earlier been specially promoted, the Board shall determine whether or not the heroic feat or accomplishment for consideration was made as the basis of previous promotion.
c. Grantees of special promotion without the appropriate eligibility and education requirement shall be extended temporary appointment, renewable every year until such time that he shall have acquired the appropriate eligibility and/or undergone the required educational attainment.
d. No special promotion shall be granted to PNP uniformed personnel holding temporary appointment unless and until his/her appointment is made permanent. No special promotion maybe granted on account of an administrative accomplishment.
e. Experience and training requirements shall not apply in the grant of special promotion.
f. A PNP uniformed personnel who was already promoted on a regular basis and pending recommendation for special promotion in his/her previous rank and if so qualified under para 5 above, the said personnel shall instead be considered for the highest Possible award and his seniority be adjusted upward by as many files as the Board may determine in the PNP Seniority Lineal list.
g. A motion for reconsideration may be filed by the nominee to the SPADB within fifteen (15) days upon receipt of the Notice of Decision if he believes that the decision is adverse. The SPADB subsequent decision on the motion for reconsideration shall be appealable to the Chief, PNP within fifteen (15) days and the decision on the matter shall be final and executory.
7. PROCEDURES GOVERNING THE PROCESSING OF RECOMMENDATION FOR SPECIAL PROMOTION:
a. Chiefs of Police, PPMG Directors and NSU Provincial Officers shall, within 15 days for the occurrence of the heroic act, submit the appropriate After Operation Report along with the recommendation and complete supporting documents, to their Provincial Directors and NSU Regional Officers, respectively.
b. Provincial Directors, and NSU Regional Officers shall initially process and evaluate the After Operations Report submitted by their respective Chiefs Of Police, PPMG Directors, and NSU Provincial Officers. Within 15 days they shall submit their own report and recommendation to the Regional Directors and NSU Directors.
c. Regional Directors and NSU Directors shall upon receipt of the report from Provincial Directors and NSU Regional Officers, shall direct the Chairman, Regional SPADB and NSU SPADB to convene and process/evaluate the former's report/recommendation. If the Regional SPADB or NSU SPADB determines that the accomplishment only merits an award lower than the Medalya ng Katapangan, they shall recommend such finding to their respective Directors. An approved RESOLUTION is necessary prior to the issuance of orders. If, on the other hand, the Regional SPADB or NSU SPADB determines that the accomplishment of the nominees merit an award of the Medalya ng Katapangan or higher or the accomplishment merits to be recommended for special promotion, it shall then recommend as such to the Regional Director and NSU Director. A duly endorsed RESOLUTION is necessary prior to its submission to the SPADB. The Regional SPADB and NSU SPADB shall complete this entire process within 15 days.
d. The SPADB may create a Sub-Board to be chaired by THRDD as Chairman, with DDPRM, DDI, DDO and C, PTD as members shall, initially evaluate the merits of the recommendations/application. If found to be complete in substance and form, the Sub- Board shall include the same in the agenda for deliberation of the SPADB. Recommendations deemed by the Sub-Board to be below the standard prescribed under para 5 above shall be remanded to the Regional Director and NSU Director concerned for their appropriate action.
e. During the plenary deliberation, the SPADB Secretariat shall furnish the Chairman and the members with a folder of the nominees scheduled for deliberation at least two (2) days before the meeting for advanced appreciation. The recommendations for special promotions shall be taken up first to be followed by the recommendations for award.
f. The SPADB shall process or evaluate the heroic act of the nominees individually, looking into their actual participation and measuring it up against the criteria set by Sec 33 of RA 8551 and pertinent NAPOLCOM Resolutions. At no time will a group or mass nomination for the same accomplishment be entertained. As far as practicable, the Board shall require the personal appearance of the nominee for clarification and interview.
g. Based on his own evaluation, the individual SPADB member shall indicate his vote in a form provided, whether he does or does not recommend the special promotion for the nominee. If he so desires, he may write a short explanation for his vote.
h. The SPADB Secretariat shall then collect the voting forms and immediately count the same. A simple majority of the voting board members shall be sufficient to carry the motion. In case of a tie, the Chairman shall break the tie. The results shall be announced immediately, after the counting and the voting forms shall become part of the records of the deliberation.
i. The SPADB Secretariat shall prepare the appropriate Resolution for the signature of the Chairman and members prior to its recommendation to the C, PNP for approval. After the approval of the C, PNP, the Secretariat shall immediately prepare the transmittal letter to NAPOLCOM for the Chairman's signature.
j. The SPADB Secretariat shali make a data base of all accomplishments and nominees. It shall be sorted by date and place of accomplishment. This will guide the members of the SPADB whether a nominee being deliberated is just an addendum to the original nominees already approved for special promotion.
k. After the NAPOLCOM validation, DPRM shall perform the following:
The following documents shall be submitted to the Special Promotions, Awards and Decorations Board Secretariat:
10. PRESCRIPTIVE PERIOD:
All applications for special promotion shall be submitted, to the PNP Special Promotions, Awards and Decorations Board (through channels) within one (1) year from the time of the occurrence of the heroic accomplishment being applied for. Failure to file the application to the SPADB, without justifiable reason within the specified time limit, shall no longer be entertained.
11. RESCISSION:
All other publications inconsistent with this Circular are hereby rescinded and/or modified accordingly.
12. EFFECTIVITY:
This Circular shall take effect 15 days from the filing of a copy hereof at the UP Law Center tn consonance with Section 3 and 4 of Chapter 2, Book VII of Executive Order 292 otherwise known as "the Revised Administrative Code of 1987, as amended".
Adopted: 13 May 2005
(SGD.) ARTURO C. LOMIBAO
Police Director General
Chief, PNP
a. Section 33 of Republic Act No. 8551 (Tab "A");2. APPLICABILITY:
b. NAPOLCOM Memorandum Circular No. 98-012 (Tab "B")
c. NAPOLCOM Memorandum Circular No. 98-03 (Tab "C"); and
d. NAPOLCOM Memorandum Circular No. 93-018 (Tab "D").
This Circular applies to all uniformed personnel of the Philippine National Police.
3. OBJECTIVES:
This Circular aims to:
a. Establish guidelines and procedures in the submission, processing, arid evaluation of applications/recommendations for special promotion of PNP uniformed personnel;
b. Enable the PNP Special Promotions, Awards and Decorations Board to evaluate properly and objectively ail applications for special promotion;
c. Inspire and promote the spirit of heroism, dedication, hard work, devotion to duty, and active involvement in pubiic service of other PNP uniformed personnel;
d. Ensure fairness and consistency in the grant of special promotion or appropriate award to deserving, PNP uniformed personnel and institutionalize the spirit of prompt ' recognition;
e. Provide a policy for the grant of special promotion or appropriate award to PNP ; ' uniformed personnel provided for under Section 33 of RA 8551, as validated by -. NAPOLCOM Memo Circular No. 98-012.
4. DEFINITION OF TERMS:
a. Special promotion - is a promotion to the next higher rank or position as provided for under Section 33 of RA 8551, validated by NAPOLCOM Memo Circular No. 98-012 and satisfies the criteria set forth by this Circular.
b. Promotion - is the conferment to the next higher rank with the corresponding increase in salary and pay.
c. Personal bravery - extreme courage or resoluteness manifested by a specific person while, alone or together with his group or association, tackling a physically existing danger, risk or difficulty.
d. Courage - the most general terms, Indicating fearlessness and determination, whether physical, mental, or moral, against a wide range of difficulties or dangers.
e. Fearlessness - a term similar to bravery, but less commonly used.
f. Nerve - coolness and steadiness, sometimes with the suggestion of calculated risk-taking.
g. Guts - a widely used slang term suggesting boldness or fortitude when faced with a difficult or potentially dangerous situation.
h. Self-sacrifice - giving up of personal interest for a higher sense of duty in order to benefit others. It is synonymous to altruism, selflessness, self-denial and martyrdom.
i. Above and beyond the call of duty - the voluntary, conscientious, civic and . legally interfering undertaking that is not demanded anymore by a police officer's basic tasks. It is characterized by the demand of necessity to save life and property and implored by one's sense of righteousness. At times, this undertaking maybe complementary to an existing activity performed by another person, group or agency. Nonetheless, its value does not diminish in anyway.
j. Conspicuous - visible, obvious, striking, prominent and distinct.
k. More than ordinary hazardous service - act done characterized by the presence of an extremely dangerous situation that is threat to life and limb.
I. Involving risk of life so extraordinary - a life and death threatening situation in an actual confrontation or encounter with armed lawless elements. Risk should be real, definite and tangible.
m. Act of heroism or heroic act-the acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty.
5. BASIS FOR SPECIAL PROMOTION:
The legal basis for the grant of special promotion to PNP uniformed personnel is provided in Section 38 (b) of RA 6975 as amended by Section 33 of RA 8551. The amended provision states that;
"A uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry, at the risk of his/her life above and beyond the call of duty, shalf be promoted to the next higher rank; Provided, that such acts shall be validated by the Commission based on the established criteria."
Further, NAPOLCOM Memo Circular No. 98-012 prescribes two (2) validated acts of conspicuous courage and gallantry, as hereunder enumerated:
1. A deed of personal bravery and self-sacrifice above and beyond the call duty of a PNP uniformed personnel so conspicuous as to distinguish himself clearly above his comrades m the performance of more than ordinary hazardous service: or
2. An act of heroism exhibited in the face of an armed enemy so notable and involving a risk of life so extraordinary as to set him apart from his comrades.
6. GOVERNING PRINCIPLES:
The following principles shall guide the processing of special promotion of all PNP uniformed personnel:
a. To be fully effective, the grant of special promotion or award should be timely. It is highly desirable that a recommendation be coursed through proper channels and acted upon as quickly as possible. If circumstances preclude the submission of a completely documented recommendation, it is best to submit immediately what is on hand, with the information that additional data/information are to be submitted later. Action by intermediate offices/board and the final approving authority shall be expeditious.
b. To preclude the occurrence of a double promotion or award on account of a single accomplishment by a PNP uniformed personnel who had earlier been specially promoted, the Board shall determine whether or not the heroic feat or accomplishment for consideration was made as the basis of previous promotion.
c. Grantees of special promotion without the appropriate eligibility and education requirement shall be extended temporary appointment, renewable every year until such time that he shall have acquired the appropriate eligibility and/or undergone the required educational attainment.
d. No special promotion shall be granted to PNP uniformed personnel holding temporary appointment unless and until his/her appointment is made permanent. No special promotion maybe granted on account of an administrative accomplishment.
e. Experience and training requirements shall not apply in the grant of special promotion.
f. A PNP uniformed personnel who was already promoted on a regular basis and pending recommendation for special promotion in his/her previous rank and if so qualified under para 5 above, the said personnel shall instead be considered for the highest Possible award and his seniority be adjusted upward by as many files as the Board may determine in the PNP Seniority Lineal list.
g. A motion for reconsideration may be filed by the nominee to the SPADB within fifteen (15) days upon receipt of the Notice of Decision if he believes that the decision is adverse. The SPADB subsequent decision on the motion for reconsideration shall be appealable to the Chief, PNP within fifteen (15) days and the decision on the matter shall be final and executory.
7. PROCEDURES GOVERNING THE PROCESSING OF RECOMMENDATION FOR SPECIAL PROMOTION:
a. Chiefs of Police, PPMG Directors and NSU Provincial Officers shall, within 15 days for the occurrence of the heroic act, submit the appropriate After Operation Report along with the recommendation and complete supporting documents, to their Provincial Directors and NSU Regional Officers, respectively.
b. Provincial Directors, and NSU Regional Officers shall initially process and evaluate the After Operations Report submitted by their respective Chiefs Of Police, PPMG Directors, and NSU Provincial Officers. Within 15 days they shall submit their own report and recommendation to the Regional Directors and NSU Directors.
c. Regional Directors and NSU Directors shall upon receipt of the report from Provincial Directors and NSU Regional Officers, shall direct the Chairman, Regional SPADB and NSU SPADB to convene and process/evaluate the former's report/recommendation. If the Regional SPADB or NSU SPADB determines that the accomplishment only merits an award lower than the Medalya ng Katapangan, they shall recommend such finding to their respective Directors. An approved RESOLUTION is necessary prior to the issuance of orders. If, on the other hand, the Regional SPADB or NSU SPADB determines that the accomplishment of the nominees merit an award of the Medalya ng Katapangan or higher or the accomplishment merits to be recommended for special promotion, it shall then recommend as such to the Regional Director and NSU Director. A duly endorsed RESOLUTION is necessary prior to its submission to the SPADB. The Regional SPADB and NSU SPADB shall complete this entire process within 15 days.
d. The SPADB may create a Sub-Board to be chaired by THRDD as Chairman, with DDPRM, DDI, DDO and C, PTD as members shall, initially evaluate the merits of the recommendations/application. If found to be complete in substance and form, the Sub- Board shall include the same in the agenda for deliberation of the SPADB. Recommendations deemed by the Sub-Board to be below the standard prescribed under para 5 above shall be remanded to the Regional Director and NSU Director concerned for their appropriate action.
e. During the plenary deliberation, the SPADB Secretariat shall furnish the Chairman and the members with a folder of the nominees scheduled for deliberation at least two (2) days before the meeting for advanced appreciation. The recommendations for special promotions shall be taken up first to be followed by the recommendations for award.
f. The SPADB shall process or evaluate the heroic act of the nominees individually, looking into their actual participation and measuring it up against the criteria set by Sec 33 of RA 8551 and pertinent NAPOLCOM Resolutions. At no time will a group or mass nomination for the same accomplishment be entertained. As far as practicable, the Board shall require the personal appearance of the nominee for clarification and interview.
g. Based on his own evaluation, the individual SPADB member shall indicate his vote in a form provided, whether he does or does not recommend the special promotion for the nominee. If he so desires, he may write a short explanation for his vote.
h. The SPADB Secretariat shall then collect the voting forms and immediately count the same. A simple majority of the voting board members shall be sufficient to carry the motion. In case of a tie, the Chairman shall break the tie. The results shall be announced immediately, after the counting and the voting forms shall become part of the records of the deliberation.
i. The SPADB Secretariat shall prepare the appropriate Resolution for the signature of the Chairman and members prior to its recommendation to the C, PNP for approval. After the approval of the C, PNP, the Secretariat shall immediately prepare the transmittal letter to NAPOLCOM for the Chairman's signature.
j. The SPADB Secretariat shali make a data base of all accomplishments and nominees. It shall be sorted by date and place of accomplishment. This will guide the members of the SPADB whether a nominee being deliberated is just an addendum to the original nominees already approved for special promotion.
k. After the NAPOLCOM validation, DPRM shall perform the following:
1) Attestation of appointment to the next higher rank;8. Documentary Requirements for Special Promotion:
2) Issuance of Promotion Order;
3) Change Reports to Computer Service (CS) for the adjustment of pay and allowances of the nominee;
4) Update of rank and adjustment in the Seniority Lineal List; and
5) Issuance of new ID card
The following documents shall be submitted to the Special Promotions, Awards and Decorations Board Secretariat:
a) After Operation Report/After Incident Report;9. COMPOSITION OF THE PNP SPECIAL PROMOTION, AWARDS AND DECORATIONS BOARD:
b) Case Operation Plan or Operation Plan, as the case maybe;
c) Deliberation Report and Resolution from Regional, NSU or equivalent specially created unit;
d) Recommendation of Regional Director, NSU Director or Director of specially created unit;
e) Affidavit of individual participation of the nominee describing in detail his/her specific heroic act, duly subscribed/sworn to;
f) Affidavit of at least two (2) eyewitnesses in the engagement duly subscribed and sworn to. In isolated cases, where no eyewitness could attest to the heroic act, the affidavit of the immediate superior officer maybe admitted provided that the substance of the affidavit centers on the heroic act of the nominee, provided further that the same shall be subjected to validation by DI;
g) Updated and properly accomplished PDS of the nominee;
h) Latest attestation appointment.
| a. At the NHQ level, the PNP SPADB shall be composed of: | ||
| The Deputy Chief PNP for Operations | - |
Chairman |
| Director, DHRDD | - |
Vice Chairman |
| Deputy, DPRM | - |
Member |
| Deputy, DI | - |
Member |
| Deputy, DO | - |
Member |
| Deputy, DPL | - |
Member |
| Deputy, DPCR | - |
Member |
| Deputy, DIDM | - |
Member |
| Deputy, DL | - |
Member |
| Deputy, DRD | - |
Member |
| Deputy, DC | - |
Member |
| Chief, PTD, rvODPRM | - |
Member/Recorder |
| C, Awards & Incentives Sec., PTD | - |
Member/Head, Secretariat |
| Chief, Executive Senior Police Officer | - |
Member |
| Senior Policewoman PCO Rep | - |
Member |
| Senior Lawyer Rep from LS | - |
Member |
| b. At the NSU and RHQs and equivalent specially created units level, the SPADB Shall be composed of: | ||
| DRDO | - |
Chairman |
| C, RPHRDD | - |
Vice Chairman |
| C, RIID | - |
Member |
| C, RCD | - |
Member |
| C, ROPD | - |
Member |
| C, RLD | - |
Member |
| C, RPCRD | - |
Member |
| C, RWCCDO | - |
Member |
| C, RLS | - |
Member |
| C, PTS | - |
Member/Secretary |
| RESPO | - |
Member |
10. PRESCRIPTIVE PERIOD:
All applications for special promotion shall be submitted, to the PNP Special Promotions, Awards and Decorations Board (through channels) within one (1) year from the time of the occurrence of the heroic accomplishment being applied for. Failure to file the application to the SPADB, without justifiable reason within the specified time limit, shall no longer be entertained.
11. RESCISSION:
All other publications inconsistent with this Circular are hereby rescinded and/or modified accordingly.
12. EFFECTIVITY:
This Circular shall take effect 15 days from the filing of a copy hereof at the UP Law Center tn consonance with Section 3 and 4 of Chapter 2, Book VII of Executive Order 292 otherwise known as "the Revised Administrative Code of 1987, as amended".
Adopted: 13 May 2005
Police Director General
Chief, PNP