1. REFERENCES:

1. R.A. No. 6975 as amended by R.A. No. 8551, and further amended by R.A. No. 9708;
2. Revised Rules on Administrative Cases in the Civil Service (RRACCS) dated November 21, 2011
3. NMC No. 2007-001 œUniform Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs Service of the PNP  dated March 6, 2007;
4. NMC No. 2010-003 "Establishing a Delinquency Reporting System in the PNP and Institutionalizing Community Service as an Integral Component Thereof  dated September 30, 2010;
5. PNP Circular No 2010-010 œDelinquency Reporting System  dated June 22, 2010; and
6. NCRPO Decorum Handbook 2012;

2. RATIONALE:

The current issue on disciplinary mechanism is the increasing number of pending administrative cases filed against PNP personnel both uniformed and non-uniformed. Based on the review of the statistics on administrative cases, one-third of the dockets are minor offenses, which can be resolved immediately by the Chief/Head of Office.

As per disciplinary policies cited above, the Chief/Head of Office is one among the enumerated disciplinary authorities who can hear and decide administrative cases (Citizen ™s Complaint and Breach of Internal Discipline) with imposable penalty of admonition, reprimand, withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof, for a period not exceeding 15 days.

In view of enhancing the disciplinary authority of the Chief/Head of Office, the proposed modified Delinquency Report (DR) System should be adopted to respond to the demands for immediate or on the spot corrections of misdemeanors or minor infractions committed by PNP personnel without the need for a full blown hearing or summary proceedings.

3. PURPOSE:

This PNPMC institutionalizes the Delinquency Report System in every office/unit in order to enhance the disciplinary authority of the Chief/Head of Office and to facilitate the disposition of minor offenses as defined in NMC No. 2007-001 dated March 6, 2007 and RRACCS dated November 21, 2011.

This policy prescribes a two-tiered disciplinary mechanism covering the uniformed and non-uniformed personnel, and is applicable to all PNP personnel in all levels or units. Imposition of penalties for offenses committed by Non- Uniformed Personnel (NUP) shall be governed by pertinent rules and range of penalties in the RRACCS.

4. DEFINITION OF TERMS:

1. Administrative Officer - refers to the Administrative Officer of the Command Group, Directorial and Personal Staffs in the National Headquarters, Regional Headquarters, National Support Units, and Provincial Headquarters down to the lowest level of every office/unit in the District, City, Municipal police stations, and sub-stations.
2. Chief/Head of Office - refers to the highest ranking PNP Officer-in- Command from the highest down to the lowest level of the PNP office/unit, to include the Directorial and Personal Staffs;
3. Delinquency Report - refers to a report which cites the minor infraction(s) committed by the police personnel, the format of which is prescribed in this Circular;
4. Demerit - a mark in numerical value made against a police personnel committing a minor infraction; (Demerit System Matrix and Sample Delinquency Report Form are hereto attached as Annexes œA  and œB,  respectively and are made as integral part of this MC)
5. Minor Infractions - acts or omissions committed by a police personnel whether during office hours or beyond, as far as practicable as included in the list appearing under Section 4 of this Circular; and
6. PNP personnel - pertains to uniformed and non-uniformed personnel of the PNP.
7. Reporting Officers - any personnel who is equal or senior in rank or grade to the offender or who is delegated with authority to issue DR.

5. GUIDELINES:

a. Reporting - The Chief Clerks or any person shall submit a report or any document regarding the alleged offense committed by the PNP personnel.

1) Upon notice of the infraction(s) committed, the reporting officer shall fillout and submit the DR form to the Chief Clerk of the office where the PNP personnel is assigned;

2) The Chief Clerk of each PNP Office/Unit shall receive the DR form and check the date, time, and specific infractions/minor offenses committed;

3) The Chief Clerk shall ensure the signature and printed name of the reporting officer and thereafter require the offender to write in the space provided for his/her explanation which shall be submitted within 24 hours from notice;

4) The Chief Clerk shall submit all the DR forms to the Administrative Officer, copy furnished the respective immediate superior of the offender;

5) The Administrative Officer shall make a report on the facts surrounding the minor infractions, the explanation with evidence, as well as the recommended penalty if warranted. He may consult with the Section/ Division Chiefs of the offender to verify the latter ™s overall attitude;

6) The Chief/Head of Office shall include the presentation of reported delinquencies with penalties imposed committed by respective personnel in the agenda of the Staff Conference; and

7) DR in matrix form filed by any authorized personnel regarding minor infraction committed by PNP personnel shall be reported to the Administration Office.

b. Evaluation and Implementation - Presentation of submitted explanation and determination of the merits of explanation.

1) All Administrative Officers shall submit a weekly report enumerating therein the minor offenses committed by the offenders and their explanation within their office/unit;

2) The Administrative Officers shall evaluate the minor infractions committed and the merits of the explanation presented;

3) The Administrative Officers shall determine the appropriate number of demerits to be rendered according to the demerit system;

4) The Administrative Officers shall submit the report with recommendations for approval of the Chief/Head of Office;

5) The Chief/Head of Office shall approve/disapprove the recommendations in the report and effect the issuance of the Orders for implementation of the sanction;

6) The Administrative Officers shall supervise and ensure the implementation of sanction; and

c. Failure of the offender to submit his/her explanation within 24 hours shall be considered as waiver on his part to explain the circumstances surrounding the infractions committed.

d. All personnel with excess number of demerits per month shall be subjected to Pre-Charge Evaluation and Summary Hearing Proceedings in accordance with NMC No. 2007-001 for uniformed personnel and RRACCS for nonuniformed personnel and their PER rating shall be affected in the semester covered. A formula shall be devised to directly deduct the demerits to the PER.

e. For purposes of monitoring, reporting, and implementation, the following offices are tasked:

1) DPRM/RPHRDD/ARMD

a) To be the OPR of this MC on Delinquency Report System;
b) Disseminate and monitor the implementation of this MC on Delinquency Report System;
c) Establish database through PNP Personnel Clearance System of all reported and sanctioned delinquent personnel;
d) Submit monthly report in matrix form of all personnel sanctioned by the DR system; and
e) Perform other tasks as directed.

2) D-Staff/P-Staff/RD, PROs/D, NSUs

a) To implement the DR System;
b) To include in the Staff Conference discussions on the progress of the DR System;
c) Ensure the submission of a monthly report in matrix form of all personnel sanctioned by the DR system; and
d) Perform other tasks as directed.

6. REPEALING CLAUSE:

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

7. SEPARABILITY CLAUSE:

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

8. EFFECTIVITY:

This MC shall take effect after 15 days from 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