Purpose of the Circular
- To establish proper guidelines for PNP personnel required to attend Senate, House of Representatives, or Commission on Human Rights hearings, inquiries, or investigations.
Definitions
- Congressional Hearing: Public meetings by Senate, House, or committees to obtain information or oversee government activities.
- Inquiry in Aid of Legislation: Investigation concerning laws or proposed laws to aid legislative function.
- Contempt: Willful disobedience or disregard to a public authority.
Constitutional and Legal Guidelines
- Legislative power vested in Congress; committees may conduct inquiries pursuant to rules.
- CHR empowered to investigate human rights violations and cite for contempt per Rules of Court.
- Congress and CHR possess inherent power to punish contempt to ensure cooperation and protect investigative functions.
- PNP personnel failing to comply with appearance requirements may be held in contempt and arrested by Senate/HOR Sergeants-at-Arms.
Procedures for Invitations
- Senate/HOR invitations handled by PNP’s Liaison Officer for Legislative Affairs (LOLA) within the Directorate for Plans.
- Upon receipt, LOLA coordinates logistical support, prepares memoranda, and liaises with committees.
- After hearings, reports and position papers prepared for the Chief, PNP.
- CHR invitations handled by Human Rights Affairs Office (HRAO), which coordinates attendees and ensures compliance with summons.
Appearance Requirements
- Only Senior Officers (preferably Police Chief Superintendents or Senior Superintendents) from concerned units attend hearings.
- Junior officers may attend if expressly requested, accompanied by knowledgeable superiors.
- PNP Legal Service provides legal assistance during hearings.
- Attendance is mandatory even if subject matter is sub judice but this may be raised as a defense.
- Command units (DPL, HRAO) ensure attendance and report absences for action.
- Arrest orders from Senate/HOR executed by PNP, delivering personnel to legislative authorities.
Penalty for Non-Compliance
- Failure to appear constitutes serious neglect of duty.
- Subject to administrative penalties after due process.
Repealing Clause
- Previous inconsistent PNP issuances are amended or repealed accordingly.
Effectivity
- Circular effective 15 days after filing with the University of the Philippines Law Center as per EO No. 292, Administrative Code of 1987.