QuestionsQuestions (PNP MEMORANDUM CIRCULAR NO. 2014-016)
It provides policy guidelines to ensure timely delivery of subpoenas/legal processes issued by courts and other quasi-judicial bodies to the concerned PNP personnel, and to monitor faithful compliance so that cases are not dismissed due to non-appearance.
It is a web-based system that facilitates the expeditious and timely delivery of subpoenas issued by courts to the concerned PNP personnel named in subpoenas pertaining to criminal cases.
Because subpoenas often failed to reach PNP personnel on time, causing delays or cancellation of proceedings; courts also had difficulty monitoring compliance; and non-appearance of police-witnesses/apprehending officers was identified as a primary reason for dismissal of criminal cases.
It states that service of subpoena is part and parcel of due process, making it imperative that PNP personnel required to fulfill this function ensure service and compliance with efficiency and at the soonest possible time.
Subpoena Court Process Officers (SCPOs) of all police offices/units; Chiefs of Investigation of PROs, NSUs, DPOs, PPOs, CPOs, and PSs; and Chiefs of Police and Station Commanders.
The SCPO is responsible for service of subpoenas and timely delivery to concerned personnel and ensures subpoenas are acknowledged in the e-Subpoena System. The circular also requires both SCPO and WCPO in police offices/units, but the detailed service function described is primarily for the SCPO regarding subpoenas.
All police offices from the lowest Police Station up to the Police Regional Office, as well as the National Support Units, administrative and operational, and different Directorial Staffs in the National Headquarters.
The Case Monitoring Division (CMD) of the DIDM.
The Court Administrator is tasked with overseeing and supervising the encoding of all subpoenas into the database.
The SCPO locates the concerned PNP personnel, directs them to report to receive the subpoena (either by email or printed copy), requires acknowledgment by signing in the logbook, and then acknowledges receipt to the court through the e-Subpoena System.
By signing in the logbook provided by the SCPO as proof of receipt; if they cannot personally receive it, a Letter of Authorization addressed to the SCPO authorizing a colleague to receive it serves as proof of service.
An official logbook recording subpoenas received by PNP personnel, including details such as name of personnel, date of receipt, schedule of hearing/appearance, court venue, judge, and reasons/justification in case of absence.
The SCPO must inform the court/tribunal/administrative or quasi-judicial body of that fact (e.g., on mission, schooling abroad, dead, dismissed, retired, marked AWOL, or could not be located in the address) and take responsibility for informing as required by the policy.
The SCPO must inform the court for deferment and resetting of the hearing.
They must procure a Certificate of Attendance from the Clerk of Court; a copy together with an After Activity Report is furnished to the SCPO to show proof of attendance.
It is tantamount to Serious Neglect of Duty under NAPOLCOM MC No. 2007-001; and if non-appearance results in dismissal/acquittal, or when the ordered witness is a principal witness or the arresting officer, dismissal from the service may be imposed.
The circular states that such failure, through patent laxity, inexcusable neglect, or unreasonable delay, resulting in unsuccessful prosecution/dismissal may be charged for violation of Sections 91 and 92 of RA 9165, as the case may be.
It rescinds PNP Memorandum Circular 2008-0801-003 dated August 1, 2008.