Question & AnswerQ&A (PNP MEMORANDUM CIRCULAR NO. 2014-016)
The purpose of PNP Memorandum Circular No. 2014-016 is to provide policy guidelines to ensure the efficient delivery of subpoenas to concerned PNP personnel and monitor their faithful compliance with court orders through the use of an electronic, web-based e-Subpoena System.
An e-Subpoena is a web-based system that facilitates the expeditious and timely delivery of subpoenas issued by courts to concerned PNP personnel named in the subpoenas pertaining to criminal cases.
Key Responsible Officers include the Subpoena Court Process Officers (SCPOs) of all police offices/units, Chiefs of Investigation of PROs, NSUs, DPOs, PPOs, CPOs, Police Stations, and Chiefs of Police and Station Commanders.
The SCPO is responsible for serving subpoenas to concerned PNP personnel, ensuring timely delivery and acknowledgment in the e-Subpoena System, maintaining a logbook of receipt, notifying police personnel of subpoenas, forwarding subpoenas when personnel are reassigned, and reporting non-compliance to the court.
Any PNP member who fails to appear and testify without justifiable reason shall be liable for serious neglect of duty and penalized accordingly. If the failure results in case dismissal or acquittal, or if the member is a principal witness or arresting officer, the penalty of dismissal from service shall be imposed pursuant to NAPOLCOM Memorandum Circular No. 2007-001.
A PNP personnel who becomes a prosecution witness shall not be allowed to transfer to any unit outside their current jurisdiction during the pendency of the case. If transfer is unavoidable, the SCPO must inform the court of the transfer and request that all court processes be transmitted to the new unit assignment.
The memorandum designates the Case Monitoring Division (CMD) of the Directorate for Investigation and Detective Management (DIDM) as the central repository of subpoenas and other legal processes issued by courts and quasi-judicial bodies for National Headquarters.
DIDM is responsible for implementing the memorandum efficiently, monitoring compliance of PNP personnel with court orders and subpoenas, preparing reports, coordinating with the Supreme Court and DOJ, and providing training to key personnel involved in the system.
The SCPO's logbook records all subpoenas received, including details such as name of personnel served, date of receipt, hearing schedules, court details, and reasons for any absence. It serves as proof of service and helps monitor compliance.