I. REFERENCES:

1. PNP Pre-Charge Evaluation and Summary Hearing Guide (PNP Internal Discipline Mechanism) 2011;
2. Revised Rules on Administrative Cases in the Civil Service (RRACCS) dated November 21, 2011;
3. DPRM Discipline, Law and Order Manual dated January 20, 2009;
4. Letter of Instructions (LOI) No. 21/08 (PATNUBAY II) dated April 30, 2008;
5. NAPOLCOM Memorandum Circular Number (NMC No.) 2007-001 dated March 6, 2007;
6. LOI (PATNUBAY) dated July 31, 1998; and
7. Republic Act Number (RA. No.) 6975 as amended by RA. No. 8551 dated February 25, 1998, and further amended by RA. No. 9708.

II. RATIONALE:

The PNP Disciplinary Machinery is dynamically evolving as the years pass by. Various Letters of Instructions, Memoranda, Circulars and other policies pertaining to disciplinary machinery of the PNP had gained recognition and attained its objectives and purposes in cleaning up the ranks of the PNP. However, these policies should also be abreast with the realization of the PNP P.A.T.R.O.L. Plan 2030 through the strategic focus of œCODE-P 2013 and beyond  wherein all aspect of enforcing discipline to all PNP personnel should be codified into one.

During the past several years, Patnubay II has been an effective strategy in ridding the organization of defiant police personnel who refuse to toe the line of transformation. Now, all are accounted to be part of the new strategic focuses of œCODE-P 2013 and beyond  which clearly define discipline as commitment to duty, law and order with an end view of rendering œSerbisyong Makatotohanan  to the general public.

The objectives of the strategic focus on Discipline are to provide measures to determine the public perception on the level of PNP's performance in enforcing discipline, law and order; review the implementation of new Individual Performance Evaluation Report (IPER) system; institutionalize new mechanisms and safeguards (digitized storage) in fast-tracking administrative cases; and establish one PNP clearance system, nationwide.

In line with the new strategic thrust on discipline, there is a need to raise the current LOI 21/08 (PATNUBAY II) to a higher level of discipline, which shall not only focus on cleansing the ranks of misfits but also on institutionalizing the commitment to duty through the IPER system, the simplification of the disciplinary machinery to fast-track the resolution of administrative cases and to establish a nationwide clearance system to facilitate the processes regarding promotion, retirement, vacation and mandatory leaves, and other procedures, which need disciplinary clearance.

Hence, the PNP hereby institutionalize and codify all disciplinary policies to sustain the implementation of existing disciplinary policies and at the same time introduce reforms to operationalize the IPER as a measure of work commitment; to monitor and fast track the resolution of administrative cases; and to establish nationwide clearance system to simplify personnel requirements and transactions.

III. PURPOSE:

This PNP MC shall amend the existing LOI 21/08 (PATNUBAY II) to include the new policies on discipline issued by the Civil Service Commission (CSC), National Police Commission (NAPOLCOM) and Philippine National Police (PNP).

IV. DEFINITION OF TERMS:

a. Absence Without Official Leave (AWOL) - In general, it refers to the status of official or employee who absents himself from work without an approved leave of absence.
b. Acknowledgement Receipt of Equipment (ARE) - A documented verification that goods have been received or services have been rendered. It is indicated by the recipient ™s signature on a bill of lading, an invoice or another form.
c. Certificate of Finality - It is a written document issued by the Disciplinary Authority concerned certifying that an Order or decision is final and executory because the respondent failed to file an MR within the required period, or the motion was denied and the respondent did not appeal. The Certification must include copy of the proof of service in chronological order, duly authenticated by the C, RPHRDD.
d. Certificate of Implementation - It is a written document issued by the concerned Disciplinary Authority certifying that an Order, Decision or Resolution is subject for implementation either because of the denial of an MR, or pendency of an appeal from an Order or Decision with a penalty or the absence of a Temporary Restraining Order (TRO), Preliminary Injunction or Prohibition. The certification must include copy of the proof of service and / or notice, in chronological order, duly authenticated by the C, RPHRDD.
e. Case Monitoring and Case System - a central database of administrative and criminal cases, and clearances of the PNP.
f. Dropping from the Rolls - A non-disciplinary administrative sanction by which the name of the PNP personnel is deleted from the roster of personnel.
g. Individual Performance Evaluation Rating (IPER) - used to assess the performance of PNP personnel in terms of his/her contribution to the attainment of the PNP mission and vision, his/her skills, competencies and attitude towards work.
h. Just Debt - shall apply only to claims with court adjudication or an obligation admitted by respondent.
i. PNP Personnel - Uniformed and Non-Uniformed members of PNP in active service.
j. Probable Cause - refers to the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the investigating officer, that the PNP member complained of is liable for the administrative offense for which he should be formally investigated.
k. Reinstatement - is the issuance of an appointment to a person who has been previously appointed to a position in the career service and who has, through no delinquency or misconduct, been separated therefrom or to one who has been exonerated of the administrative charges unless the decision exonerating him specifies restoration to his previous position.
l. Restrictive Custody - refers only to nominal restraint which is beyond the ambit of habeas corpus. It is neither actual nor effective restraint. It is a permissible precautionary measure to assure the PNP authorities that the police officer concerned is always accounted for.
m. Suspension - A temporary cessation from work.
n. Termination Proceedings - The conduct of investigation or review of the case against any PNP member under temporary status (PO1/ Technical and Line Lateral Officers) who manifested unsatisfactory conduct or performance or committed administrative offenses which could warrant termination of service.

V. GUIDELINES:

a. Concept of Operations

In accordance with the strategic focus on discipline, all phases of enforcing discipline to every PNP personnel shall be incorporated to this version of PATNUBAY III. This PNP MC shall cover issues on imposition of discipline, law and order from the first day of police work of every PNP personnel until his/her service shall be severed by lawful cause or his/her retirement date. There will be four (4) phases of discipline which shall govern all stages of PNP career development starting from the probationary period to official performance of duty and until the retirement stage of PNP personnel. The first phase is the Preventive Phase wherein measures are designed to instill discipline to PNP personnel in every aspect of policing. The second phase is the Investigation and Adjudication Phase which shall deal with the reforms in procedures to fast track the resolution of administrative cases. The third phase is the Reformation aspect which pertains to the measures to reintegrate the PNP core values and discipline to concerned PNP personnel and units. The fourth phase is the Case Monitoring and Clearance System to simplify the personnel transaction and processes.

b. Tasks

c. Coordinating Instructions:

VI. RESCISSION:

All existing PNP directives and other issuances which are contrary to or inconsistent with this directive are hereby rescinded or modified accordingly.

VII. SEPARABILITY CLAUSE:

Any portion of this PNP Memorandum Circular inconsistent with the organic law or declared unconstitutional shall not affect the validity of other provisions.

VIII. EFFECTIVITY:

This circular shall take effect upon the filing of a copy hereof with the Office of National Administrative Register (ONAR), UP Law Center pursuant to Sections 3 and 4 of the Administrative Code of 1987.

(SGD) ALAN LA MADRID PURISIMA
Police Director General
Chief, PNP