Question & AnswerQ&A (PNP CIRCULAR NO. DIDM03-02)
The purpose of PNP Circular No. DIDM03-02 is to provide standard guidelines for the conduct of investigation and hearing against PNP personnel found using illegal drugs, ensuring fair adjudication while preserving their rights under the law.
The circular is based on Republic Act 6975 as amended by RA 8551, Republic Act 9165 (Dangerous Drugs Act of 2002), and NAPOLCOM Memo Circular No. 98-008 requiring the administration of drug tests on PNP uniformed personnel.
The State's policy is to promote high standards of ethics, integrity, and discipline in public service. This circular reflects that through strict measures against illegal drug use among PNP personnel to maintain public faith and uphold the police service's integrity.
Section 28 mandates the imposition of maximum penalties for illegal drug use including absolute perpetual disqualification from holding any public office, which applies to government officials and employees including PNP personnel.
Section 36(e) requires that all officers and members of police and other law enforcement agencies undergo mandatory drug testing.
PNP personnel shall undergo surprise or unannounced random drug testing. Those who test positive may challenge the results within 15 days. Confirmatory tests are conducted by the PNP Crime Laboratory or any accredited lab with modern equipment such as gas chromatography/mass spectrometry.
A pre-charge investigation is conducted by appropriate PNP authorities such as DIDM, RHD, or DHD. The personnel are then subjected to a formal summary hearing to decide the case within specified timelines.
The charge is typically 'Conduct Unbecoming of an Officer,' which concerns behavior that dishonors or disgraces the policeman, compromising his moral character and standing.
The personnel is given five (5) working days from receipt of the charge to prepare and submit their answer.
Penalties include suspension or termination of service in accordance with Civil Service laws and provisions under RA 8551 and related NAPOLCOM Memo Circulars. They may also face perpetual disqualification from public office.
Yes, the administrative case is without prejudice to filing separate criminal charges. Voluntary rehabilitation under RA 9165 is an option but does not exempt one from administrative or criminal liability.
If any provision is declared unenforceable, it does not affect the validity of the other provisions, which will remain in effect.