QuestionsQuestions (PNP CIRCULAR NO. DIDM03-02)
To provide standard guidelines for the investigation and hearing of PNP personnel found using illegal drugs, ensuring fair adjudication and observance of their rights under the law.
RA 6975 (as amended by RA 8551) supports PNP authority and discipline; RA 9165 (Dangerous Drugs Act of 2002) provides mandatory drug testing and administrative consequences; NAPOLCOMMC 98 008 supports administration of drug tests and penalties.
It provides that the maximum penalties shall be imposed upon government officials and employees, in addition to their absolute perpetual disqualification from any public office.
They shall be dealt with administratively, and such finding is a ground for suspension or termination subject to existing Civil Service laws.
It requires mandatory drug testing for all officers and members of police and other law enforcement agencies.
They shall be subjected to a surprise or unannounced random drug test (screening).
An undertaking by the PNP Crime Laboratory that the member is not using illegal drugs, or if taking regulated drugs, that he declares such use as duly prescribed by a competent physician.
The result may be challenged within fifteen (15) days after receipt of the result.
A mandatory confirmatory test must be conducted by the PNP Crime Laboratory within five (5) days after the lapse of the 15-day challenge period.
Confirmatory tests verify the screening result using accepted modern methods; the circular mentions gas chromatograph/mass spectrometry equipment (or similar modern accepted methods).
It becomes prima facie evidence that the PNP personnel has used illegal/dangerous drugs.
The DIDM at the national level; respective RHDs in the regions; other DHDs at the district level; and other designated investigating arms, depending on the respondent’s case and proper disciplinary authority.
It must be written in clear, simple, and concise language stating the respondent’s name, rank, station/assignment, and the nature of the charge to enable him to prepare an answer within five (5) working days from receipt.
Conduct Unbecoming of an Officer, defined as behavior or action that dishonors or disgraces the policeman as a policeman and seriously compromises character and standing as a gentleman.
They are investigated under existing rules, but the disciplinary authority does not decide their cases; instead, it submits records to the Office of the President through NAPOLCOM for evaluation and final disposition.
The PNP Disciplinary Authority must render the decision within ten (10) days after termination of the summary hearing, and the summary hearing should be concluded within fifteen (15) days from forwarding of records to the Summary Hearing Officer.
They must follow NAPOLCOM Memo Circular No. 96-010 dated July 31, 1993.
Yes. The administrative aspect is without prejudice to filing a separate criminal case, and the respondent may still avail of the voluntary rehabilitation program under RA 9165; however, that option is not necessarily a bar to administrative indictment.