Subpoena Service Procedures for PNP Personnel
- Subpoenas must be served through the unit commander of the PNP personnel.
- Service should occur at least fifteen (15) days prior to the scheduled hearing.
- In cases where courts require shorter notice, prosecutors must request the subpoena to be treated under "rush category".
Identification and Record-Keeping Requirements
- During inquest or preliminary investigation, prosecutors must ascertain and record the unit commander and the specific unit of the PNP personnel identified as witnesses.
- This information must be included in the case records to facilitate proper subpoena service.
Reporting and Accountability for Non-Compliance
- If a PNP personnel fails to appear after proper subpoena service without justifiable cause, the assigned prosecutor shall report the incident to the City/Provincial or Chief State Prosecutor.
- The responsible Prosecutor shall file a complaint against the erring PNP personnel with their unit commander.
- The complaint must be acted upon by the appropriate authorities.
- Failure to act on the complaint will be reported to the Secretary of Justice for further intervention.
Reinforcement and Compliance
- The circular reiterates the importance of adherence to existing directives to ensure cooperation of PNP personnel in judicial processes.
- It is issued for immediate and strict compliance by all concerned parties.