Question & AnswerQ&A (PNP MEMO CIRCULAR NO. 2009-005)
The primary purpose of the Circular is to provide proper guidelines for PNP personnel invited or required to attend committee hearings, technical working group meetings, inquiries in aid of legislation, plenary deliberations at the Senate or House of Representatives, or investigations conducted by the Commission on Human Rights.
A Congressional Hearing is defined as a meeting or session of a Senate, House of Representatives, Joint, or Special Committee, usually open to the public, to obtain information and opinions on proposed legislation, conduct investigations, or evaluate/oversee government activities or law implementations.
Inquiry in aid of legislation refers to investigations or hearings conducted to examine or review any law or appropriation in connection with proposed or future legislation, or to aid in legislative policy formulation or enactment, including all matters vested by the Constitution to the Senate or House of Representatives.
Contempt is defined as willful disregard or disobedience to a public authority, particularly in the context of not complying with summons or refusing to cooperate during legislative or investigative hearings.
Article VI of the 1987 Constitution vests legislative power in Congress and allows it to conduct inquiries in aid of legislation. Article XIII, Section 18 of the 1987 Constitution grants the Commission on Human Rights investigative powers and the authority to cite for contempt in line with Rules of Court.
PNP personnel who fail to attend the mandated hearings, inquiries, or investigations may be held in contempt and can be arrested by the Sergeant-at-Arms of the Senate or House of Representatives.
Invitations must be officially received by the Liaison Officer for Legislative Affairs (LOLA) at the Directorate for Plans (DPL). If received personally, the concerned personnel or office must inform LOLA the same day. The LAD prepares necessary memoranda and coordinates logistics and funding, while the LOLA coordinates with the inviting committee for hearing details.
The DPL through LOLA-SENATE/HOR is responsible for ensuring the attendance of PNP personnel, while the Chief of the Human Rights Affairs Office (HRAO) ensures attendance for human rights-related inquiries at the CHR.
Only senior officers, preferably Police Chief Superintendents or Police Senior Superintendents from concerned Directorial Staffs, NSUs, and PROs should attend. Junior officers may accompany them only as assistants, except if expressly requested by the Senate or House and accompanied by a knowledgeable superior.
No. Appearance is considered mandatory regardless of whether the matters are sub judice, although such invocation may be raised during hearings to avoid questioning on sub judice topics.
They may be administratively liable for serious neglect of duty and subject to penalties prescribed by law after due process.
If an arrest order is issued, the concerned PNP officer shall be delivered or surrendered by the PNP to the Senate or House of Representatives.
All previous PNP issuances contrary to or inconsistent with this Circular are amended or repealed accordingly.
The Circular took effect fifteen (15) days after filing a copy with the University of the Philippines Law Center pursuant to the Administrative Code of 1987.