QuestionsQuestions (PNP NHQ PNP CIRCULAR NO. 2007-003)
It amends Sub-paragraph 3 of Paragraph V of NHQ PNP Circular 2002-001 to modify the requirements for the guarantor before payment of PNP retirement benefits when there are pending cases.
Sub-paragraph 3 of Paragraph V of NHQ PNP Circular 2002-001 dated January 01, 2002, entitled “Payment of Retirement Benefits of PNP Personnel (Retirees) with Pending Cases.”
When the penalty prescribed is prision mayor or higher, no payment of retirement benefits shall be made unless a qualified guarantor is provided.
The guarantor must be a PNP personnel of equal rank or higher than the retiree and must have at least five (5) years more in the service before compulsory retirement.
The guarantor must have at least one (1) year more in the service before compulsory retirement (while the guarantor is still required to be of equal or higher rank as stated in the general clause).
Because majority of officers reaching third level ranks have less than five (5) years of active service before their compulsory retirement, making it difficult to find a guarantor within the same level.
To protect the interest of the aggrieved parties, prevent multiplicity of suits or claims involving the same parties, and prevent complexity in processing benefits.
No PNP personnel shall act as guarantor more than once.
Generally, no. No one shall be allowed to act as guarantor for the second or third time or often unless and until the previous case where he/she acted as guarantor has been finally resolved and the obligations arising therein have been completely settled.
Payment is withheld when the penalty prescribed is prision mayor or higher unless the required guarantor conditions are met.
It is an amending circular; it updates the guarantor requirements found in Circular 2002-001.
It was adopted/signed by OSCAR C. CALDERON, Police Director General, Chief, PNP.
It sets the threshold of the seriousness of the penalty that triggers the mandatory guarantor requirement and prevents payment absent such guarantor.
The retiree’s rank/level (including whether third level ranks), the penalty prescribed (whether prision mayor or higher), the availability/qualification of the proposed guarantor, and whether the guarantor has previously acted as guarantor and whether the prior case is finally resolved.