Question & AnswerQ&A (PNP CIRCULAR NO. 2002-05, MARCH 25, 2002)
A PNP/Police Reservation is any real estate property reserved or allocated for police functions or purposes by the President of the Philippines through Proclamations, Executive Orders, Decrees, Acts of Congress, or any competent authority.
Only the Chief, Philippine National Police has the final authority to decide on transactions over all PNP real properties or modes of acquiring private properties.
The guidelines include avoiding dealings with unregistered properties, properties with liens or encumbrances, conditional donations, and properties occupied by squatters or tenants. Also, heads of offices must consult PNP Regional Legal Officers before any transaction.
Documents to verify include the Original Transfer Certificate of Title, tax declaration with proof of tax payment, a certified lot survey plan, and certification from LGUs that the property is free from any claimants like tenants or squatters.
Preliminary negotiation with the owner, submission of detailed documents including location plans, documentary evidence of ownership, formal lease contract with specified terms, legal sufficiency check, and approval by the Chief, PNP are required.
The property offered must be preliminarily negotiated, submitted to the Chief, PNP with supporting documents, a Deed of Donation must be prepared and signed before a notary, and after approval by the Chief, PNP, the property shall be registered under the PNP name by the Director, Engineering Service.
Expropriation is only considered after exhausting other acquisition modes. Requests with supporting documents are forwarded to the Chief, PNP who seeks Presidential authority. Upon approval, the Solicitor General files court proceedings and the court orders payment and possession.
Properties acquired by purchase or donation and reserved by Presidential proclamation cannot be sold or leased without presidential declaration of alienability. Properties not reserved can be sold or leased with proper approval by the Chief, PNP and the President.
The Director, Engineering Service is accountable for land, while accountable officers of units are responsible for buildings. Annual accounting and property reports must be submitted to the Chief, PNP through the Director for Logistics and Director, Engineering Service respectively.
Heads of units/offices shall impose serious administrative sanctions on violators who allow unauthorized use, occupation, or alienation of PNP real property for personal use. They may also be liable under command responsibility doctrine.