Definitions
- PNP/Police Reservation: Property reserved for police functions by presidential proclamation, executive order, act of Congress, or other authority.
- Real Property: Land, buildings, or permanent structures attached to land.
- PNP Real Property: Includes police reservations, lawfully acquired lands, and those titled or acquired for PNP use.
- Units: PNP regional, provincial, district, city, municipal offices or task forces managing properties.
- Head of Office: Chiefs or officers designated to lead PNP units.
General Guidelines
- Only the Chief, PNP has final authority over property transactions.
- Heads of units may perform preliminary acquisition and management tasks but need prior written approval from the Chief for contracts.
- Prohibited dealings include unregistered properties, encumbered properties, conditional donations, and properties with unauthorized occupants.
- Legal consultation with PNP Regional Legal Officers is mandatory before transactions.
- Units must review existing donated properties for compliance with conditions and take remedial action if needed.
- Unauthorized occupation of PNP property by individuals, including PNP members, is prohibited and subject to sanctions.
Procedures for Registered Properties
- Verify original Transfer Certificate of Title and secure certified copies with encumbrance details from the Register of Deeds.
- Confirm tax declarations and payments through local assessors and treasurers.
- Obtain certified lot survey plans from DENR or Bureau of Lands and conduct physical inspections.
- Secure certifications from LGUs and other agencies to verify absence of occupants or claimants.
Procedures for Unregistered Properties
- Examine ownership documents and verify with the Register of Deeds.
- Scrutinize tax declarations and obtain tax payment certificates.
- Acquire certified survey plans from the DENR and conduct boundary surveys.
- Conduct site inspections to ensure absence of squatters or tenants.
Public and Private Domain
- Public domain properties require survey and DENR approval before acquisition.
- Private domain properties require verification of status and approval of location plans.
Funding
- All expenses for gathering necessary documents and data for acquisition shall be borne by the PNP.
Modes of Acquisition
Donation
- Donations must be absolute, without conditions imposing burdens on PNP.
- Preliminary negotiations by unit heads followed by reports to the Chief, PNP.
- Deed of Donation prepared and notarized, supporting documents submitted including title, tax papers, and resolutions.
- Chief, PNP approves or disapproves donation upon joint recommendations.
- Director of Engineering Service registers property and keeps titles.
- Donor is notified upon acceptance.
- Noncompliance with donation terms mandates immediate notification to the donor.
- Cancellation of Deed of Donation if property is unregistered.
Lease
- Preliminary negotiations with property owners to determine willingness and rental rates.
- Submission of detailed requests outlining property description, ownership documents, utilization plans, certificates of occupancy, and lease contract drafts.
- Formal lease contracts signed by the Chief, PNP and lessor, duly notarized.
- Lease contracts include specific terms such as period, property description, rental amount certified reasonable by DPWH.
- Funding certification and program required for lease payments.
- Director for Logistics coordinates legal and engineering reviews before recommending approval.
- Rental payments processed by the disbursing officer upon voucher receipt.
Purchase
- Certified tax declarations used to determine fair market value.
- Negotiations with owners to acquire property at or below fair market value.
- Formal offers and requests accompanied by ownership and property documents.
- PNP Engineering Service prepares Deed of Sale for execution and registration.
- Purchase funding authorized and certified at National HQ.
- Titles deposited with Director of Engineering Service.
- Acquisition from government agencies follows similar procedures with additional resolutions authorizing disposal.
Barter/Exchange
- Exchange of real properties between PNP and private or government entities.
- Execution authority vested in the Chief, PNP or designated officer.
- Fair market value determines basis for exchange.
Permit for Temporary Use
- Written applications required for use of privately or government-owned land temporarily.
- Reports prepared citing terms and conditions of permit.
- Property surveys and condition reports must precede occupancy.
- Written approval from Chief, PNP required prior to occupancy.
Expropriation
- Last resort after exhausting other acquisition modes.
- Requests prepared with full documentation supporting expropriation necessity.
- Chief, PNP requests Presidential authority for expropriation.
- Upon authority, Solicitor General files expropriation proceedings in Regional Trial Court.
- Provisional payment deposited upon Writ of Entry; final payment after court judgment.
- Monthly progress reports during legal proceedings.
- Post-judgment registration of titles issued in PNP's name.
Executive Proclamation
- Public or private lands to be proclaimed for PNP use must be surveyed and boundary-marked.
- Requests for proclamation submitted with claim listings, location maps, and development plans.
- Chief, PNP recommends to DILG Secretary for proclamation.
- Proclamation leads to property development and use; non-utilization requires vacation of property.
Emergency Occupation
- Permit from Director for Logistics and proper lease contracts required before private property occupation.
- Exception made only for emergency situations involving loss of life, damage, or serious detriment.
- Immediate written reporting of emergency occupation circumstances required.
Right of Way (Easement)
- Public use right of way granted by DILG upon Chief, PNP recommendation.
- Detailed process includes necessity assessment, legal coordination, recommendations, and approvals.
- No perpetual rights of way granted to private individuals, reserved for government agencies.
- Roads within PNP reservations may be permitted under strict conditions ensuring security and legitimacy.
- Security clearance required for personnel using such right of way.
Administration of Properties
- Active properties administered by heads of units in possession.
- Inactive properties administered by Chief, PNP through Director for Logistics and appointed administrators.
- Administrators must know reservation boundaries and prevent unauthorized access.
- Annual accounting and expense reports required from all property administrators.
Disposal of Real Estate
- Properties may be disposed of by sale, donation, or barter upon recommendation of Director, Engineering Service and subject to Chief, PNP approval.
- Properties reserved by Proclamation or Executive Order cannot be disposed of without Presidential declaration.
- Conditions and approval requirements govern sales, exchanges, and leases.
Accountability and Responsibility
- Accountability begins upon payment or receipt of property transfer.
- Director, Engineering Service accountable for land; unit officers accountable for buildings.
- Maintenance records and ledgers required for land and buildings.
- Records subject to audit and examination.
- Accountability transfer effected through prescribed forms.
- Procedures for relief of accountability due to disposal or destruction outlined.
- No building alterations, transfers, or demolitions without Chief, PNP approval.
- Command responsibility doctrine applies to property management and violations.
Repealing Clause
- All inconsistent prior policies or issuances are repealed or modified accordingly.
Effectivity
- Circular takes effect fifteen (15) days after filing with the University of the Philippines Law Center, following relevant administrative code provisions.