Question & AnswerQ&A (DOJ MEMORANDUM CIRCULAR NO. 1)
The main purpose is to remind and enforce the appearance of Philippine National Police (PNP) personnel as witnesses in court or before prosecutors, following the prior Circular No. 15, series of 1989, and to introduce additional procedural guidelines to address issues in serving subpoenas to PNP personnel.
The subpoena should be served through the PNP personnel's unit commander at least fifteen (15) days before the scheduled hearing date.
The prosecutor should request that the subpoena be treated under the 'rush category' to expedite service and appearance.
The unit command and the name of the unit commander to which the PNP personnel is attached must be included for facilitation of subpoena service.
The inquest or investigating prosecutor must immediately ascertain this information during the inquest or preliminary investigation.
The prosecutor in charge must report the non-compliance to the City, Provincial, or Chief State Prosecutor, who will file the appropriate complaint against the erring PNP personnel before their unit commander.
They must ensure that the complaint is acted upon by the authorities concerned. If there is inaction, the matter shall be reported to the Secretary of Justice for appropriate action.
It reiterates the directive to all PC/INP (now PNP) commanders for strict compliance by their personnel to appear in court when subpoenaed as prosecution witnesses.
Problems include insufficient time given to PNP personnel to appear and inability to serve subpoenas on time due to inadequate information about the unit command they belong to.
The PNP personnel may face a formal complaint filed before their unit commander and further appropriate actions by the Secretary of Justice if necessary.