Law Summary
Rationale
- Delays and failures in subpoena service to PNP personnel caused case dismissals.
- Lack of effective monitoring by courts and PNP on subpoena compliance.
- E-Subpoena System conceived to improve delivery, monitoring, and reduce administrative costs.
Purpose
- Provide policy guidelines for ensuring delivery and compliance of subpoenas by PNP personnel.
Definition of Terms
- Bench Warrant, Court Administrator, Legal Process, e-Subpoena, PNP System Administrator, Service, Court Process Section, Court Process Officer, SCPO, Proof of Service, Key Responsible Officers, Subpoena Ad Testificandum, Subpoena Duces Tecum defined for uniform application.
Guidelines
Policy:
- Subpoena service is part of due process.
- PNP personnel must comply efficiently.
- Each police office/unit must have SCPO and WCPO.
- CMD, DIDM acts as central subpoena repository at NHQ.
- Failure of SCPO or officers may be liable.
- Non-compliance by PNP personnel may be serious neglect of duty.
- Restrictions on transferring prosecution witnesses during case pendency.
- Conflict in court schedule must be reported to avoid absence.
General:
- E-Subpoena system (aesubpoena.pnp.gov.ph) used for issuing and serving subpoenas.
- SCPOs inform personnel and ensure acknowledgment.
- Unique usernames and passwords assigned for system access.
- Subpoenas received personally or via authorized representatives.
- Logbooks maintained recording subpoena receipt, schedules, attendance.
- Failures to attend court without valid excuse prompt notification and possible investigation.
- Feedback on personnel availability to courts and stakeholders required within three days.
Procedural:
- Courts designate personnel to upload subpoenas into system.
- Subpoenas entered at least 5 days before hearing or 1 day for urgent subpoenas.
- Alternate delivery by email if system failure occurs.
- SCPOs acknowledge receipt to courts through system.
- Records of receipt and actions recorded in logbooks.
- SCPOs inform courts if subpoena cannot be served due to badge status or unavailability.
- Attendance is prioritized; after court appearance, Certificates of Attendance secured.
- Subpoenas forwarded to new stations upon reassignment.
Technical Procedure:
- Detailed step-by-step instructions attached as annexes (not detailed here).
Responsibilities:
- DIDM: Oversee implementation, monitor compliance, prepare reports, training.
- DICTM: Technical support and system maintenance.
- DC: Provide funding.
- DPCR: Policy dissemination.
- ITMS: System utilization and maintenance, assignment of emails, system audits.
- Directors of offices: Implement policy and investigate failures.
- Chiefs of Police/Commanders: Use system, ensure subpoenas received and court attendance.
- Chiefs of Investigation: Supervise SCPOs, ensure personnel attendance.
- SCPOs: Notify personnel, maintain logbooks, ensure attendance, forward subpoenas if reassigned, inform courts of status, recommend investigations.
Penal Clause
- Failure of PNP member to appear and testify without justifiable reason constitutes serious neglect of duty.
- Penalty up to dismissal if resulting in case dismissal or if member is principal witness/arresting officer.
- Failure in drug cases may also violate RA 9165 provisions.
- Key Responsible Officers also liable, including immediate superiors under command responsibility doctrine.
Rescission
- This Memorandum Circular rescinds PNP MC 2008-0801-003 dated August 1, 2008.
Effectivity
- Circular takes effect 15 days after filing at the University of the Philippines Law Center per executive order provisions.