Legal basis and controlling framework
- Section 26 of Republic Act No. 6975 as amended by Republic Act No. 8551 provides the legal basis for the DR system.
- The DR system operates within the broader discipline framework of NAPOLCOM Memorandum Circular 2007-001 (Rule 21) and CSC Resolution No. 991936 (Rule IV), including URACCS.
Policy and purpose of the DR System
- The DR system establishes guidelines and prescribes rules and procedures for delinquency reporting in the PNP.
- The DR system covers minor infractions committed by PNP personnel and provides corresponding demerits.
- The DR system is not punitive in nature.
- The DR system is built to support administrative accountability that can affect personnel management decisions.
Defined terms under the Circular
- “Admin. Officer” refers to the respective administrative officers of the command group, directorates, CARMD of NSUs, C, RPHRDD of PROs, administrative officers of Provincial/City Police Offices, City/Municipal Police Stations, or their equivalents.
- “Awarding Authorities (AA)” refers to C, PNP; the Command Group; the head of directorates; Regional Directors or equivalent supervisors; PRO Command Group and Regional Staff; Provincial Directors or equivalent supervisors such as GD, RPSMG/Battalion Commander, Regional Public Safety Management Battalion; Chief of the Regional Unit of Administrative and Operational National Support Units; and chiefs of police or equivalent supervisors such as GD, PSMG/Company Commander, Provincial Public Safety Management Company.
- “Community service” refers to tasks/chores rendered by the offender upon written request to offset awarded/excessive demerits, including cleaning camp premises, tree-planting, gardening, and similar work.
- “Delinquency Report (DR)” is a report containing the minor infraction and the explanation of the offender in a prescribed form under Annex A.
- “Demerits” are numerical marks made against PNP personnel for committing a minor infraction.
- “Discipline” is an individual or group attitude that ensures prompt obedience to orders and appropriate action in the absence of orders.
- “Explanation” is the written answer of the offender confirming or refuting the minor infraction.
- “Minor Infractions” are acts or omissions committed by both uniformed and non-uniformed personnel that may be made the basis for awarding demerits, as enumerated in Annex B.
- “Performance Evaluation Rating (PER)” is a method measuring employee effectiveness using objective criteria.
- “Recidivist” is an offender previously awarded demerits for a minor infraction who again commits another infraction of the same nature.
- “Reporting Officer (RO)” is a PCO, PNCO, or NUP higher in rank or grade than the offender.
- “Offender” refers to any PNP personnel who committed a minor infraction.
Coverage, events, and DR non-punitive nature
- The DR system covers minor infractions committed by uniformed and non-uniformed PNP personnel.
- The DR system covers infractions committed during office and non-office hours.
- The DR system covers infractions occurring during command activities such as inspection, ceremonies, and similar activities.
- The DR system applies to infractions committed within PNP camps and facilities, and to certain cases while on duty outside camp or office premises for uniformed personnel.
- The DR system provides corresponding demerits for covered minor infractions.
- The DR system is expressly not punitive in nature.
Delinquency reporting procedures and documentation
- When a minor infraction is committed by an offender in the presence of the Reporting Officer (RO), the RO may issue a DR right then and there, or shall report it to the Administrative Officer for proper disposition.
- The DR must be issued in quadruplicate copies indicating the date, time, and the specific infraction committed.
- The DR must require the offender to write the explanation at the back of the DR form.
- The original copy is given to the offender for the writing of the explanation.
- The duplicate copy is given to the reporting officer.
- The triplicate copy goes to the concerned Admin. Officer of the offender and forms part of the record.
- The quadruplicate copy is given to the DPRM (Attn: DLOD) for monitoring purposes.
- The offender must submit the original copy with the explanation to the Admin. Officer not later than twenty (24) hours upon receipt.
- Upon receipt of the offender’s explanation, the Admin. Officer shall immediately evaluate the explanation and recommend to the Awarding Authorities (AA) to revoke the DR or award demerits.
- If the concerned AA approves the recommendation, the Admin. Officer shall furnish the offender a copy of the DR.
- Admin. Officers must maintain records of all DRs issued in their respective offices and units.
- DRs issued must form part of the 201 file of the offender.
Demerits limits, community service, and consequences
- The maximum allowable demerits are 15 demerits/months or 90 demerits/semester.
- If an offender exceeds the maximum allowable demerits per month, the offender may render one (1) hour community service duty for every one (1) excess demerit, to be rendered within the month following the excess.
- If an offender exceeds the maximum allowable demerits per semester, the offender shall be rated POOR in PER for the particular rating period.
- If the offender exceeds maximum allowable demerits per semester, the offender may be subjected to appropriate disciplinary action.
- Records of excessive demerits may be considered as an aggravating circumstance in any disciplinary action.
- The DR system is considered part of the offender’s administrative accountability and may affect reassignment/transfer from one unit to another.
Relationship to other administrative cases
- The issuance of a DR does not preclude the institution of an administrative case against the offender.
- Administrative cases may be instituted for offenses defined and punishable under Rule 21, NAPOLCOM Memorandum Circular 2007-001 and Rule IV, CSC Resolution No. 991936 or URACCS.
Repeal, separability, and effectivity
- All existing PNP circulars/issuances or portions inconsistent with PNP Circular No. 2010-010 are deemed repealed or amended.
- If any provision or portion of the circular is declared unconstitutional or invalid by a competent court, other provisions remain effective.
- The circular becomes effective after fifteen (15) days from the filing of a copy with the University of the Philippines Law Center, consistent with Executive Order No. 292, Book VII, Chapter 2, Sections 3 and 4.