Coverage and effect on retirement payments
- The amended rule governs when retirement benefits of PNP personnel (retirees) with pending cases may be paid.
- The amendment applies to cases where the penalty prescribed is prision mayor or higher.
- The rule conditions payment on the act of a PNP guarantor meeting specified rank and remaining-service requirements.
- The rule includes special treatment when the retiree belongs to the third level ranks.
Substantive conditions for payment
- If the penalty prescribed is prision mayor or higher, no payment of retirement benefits shall be made unless a PNP personnel meets the guarantor requirements.
- The guarantor must be a PNP personnel of equal rank or higher than that of the retiree.
- The guarantor must have at least five (5) years more in the service before compulsory retirement.
- If the retiree belongs to the third level ranks, the guarantor must have at least one (1) year more in the service before compulsory retirement.
Guarantor limitations and case-finality
- No PNP personnel shall act as guarantor more than once.
- No one is allowed to act as guarantor for the second or third time or often unless and until the previous case in which the person acted as guarantor has been finally resolved.
- The guarantor’s later eligibility is further conditioned on the obligations arising therein being completely settled.
Operational amendment to NHQ PNP Circular 2002-001
- Sub-paragraph 3 of Paragraph V of NHQ PNP Circular 2002-001 is amended to replace the guarantor requirement with the following operative rule.
- The amended operative rule includes both the general requirement (equal/higher rank and five (5) years more) and the third-level-rank exception (one (1) year more).
- The amended operative rule also includes the single-time guarantor restriction and the final resolution and complete settlement requirement before any later guarantorship.
Adoption and signature
- The circular is adopted on February 20, 2007.
- It is signed by (SGD.) OSCAR C. CALDERON, Police Director General / Chief, PNP.