Effectivity and publication rule
- The circular takes effect after 15 days from filing of a copy with the University of the Philippines Law Center, consistent with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as The Revised Administrative Code of 1987, as amended.
Legal basis and related issuances
- The circular is anchored on Section 91 and 92 of Republic Act No. 9165.
- The circular is anchored on Section 26 of Republic Act No. 6975 as amended.
- The circular cites PNP Memorandum Circular No. 2008-0801-003 dated August 1, 2008 on Uniform Guidelines in the service of Subpoena and other Legal Processes issued by courts, tribunals, administrative, and quasi-judicial bodies.
- The circular cites NAPOLCOM Memorandum Circular No. 2007-001.
- The circular cites PNP MC Number 2008-0801-003 as part of its framework and then rescinds it.
- The circular incorporates system design and procedure attachments through Annex B (technical procedure) and a Format of SCPO Logbook as Annex A.
Policy, purpose, and rationale
- The circular establishes that the implementation of the e-Subpoena system is guided by principles that make subpoena service part and parcel of due process.
- The circular mandates efficient, timely delivery of subpoenas to prevent delays and cancellations in court and quasi-judicial proceedings.
- The circular aims to reduce dismissal of criminal cases caused by non-appearance of police witnesses/apprehending officers.
- The circular establishes that the e-Subpoena System is a web-based information system designed to:
- facilitate issuance and transmittal of subpoenas from courts to concerned PNP personnel; and
- monitor faithful compliance with court orders.
Key definitions used operationally
- A Bench Warrant is a process issued by the court for arrest to compel attendance in court, answer a contempt charge, or address failure to comply with a subpoena duly served.
- A Court Administrator is the person from the court primarily responsible for overseeing and supervising encoding of all subpoenas into the database.
- Legal Processes are the means used by a court, tribunal, or investigating body to compel obedience to its mandate.
- An e-Subpoena is a web-based system that facilitates expeditious and timely delivery of subpoenas issued by courts to concerned PNP personnel named in subpoenas pertaining to a criminal case.
- A PNP System Administrator is personnel of the Information and Technology Division of the DIDM responsible for usernames/passwords and day-to-day maintenance and upkeep of the system.
- Service is the execution of processes or writ to the person against whom directed.
- Court Process Section (CPS), CMD refers to the section in the Case Monitoring Division of the DIDM responsible for monitoring subpoenas entered in the system and taking appropriate action when the recipient unit assignment cannot be ascertained; in specified offices, CPS is under the Investigation Section/Branch.
- A Court Process Officer is PNP personnel responsible for service of subpoenas and other legal processes issued by courts, tribunals, administrative, and quasi-judicial bodies to ensure timely delivery.
- There are two Court Process Officers in all Police Offices/Units: the Subpoena Court Process Officer (SCPO) and the Warrant Court Process Officer (WCPO).
- The Subpoena Court Process Officer (SCPO) is responsible for service and timely delivery of subpoenas, and for ensuring subpoenas are acknowledged in the e-Subpoena system.
- Proof of Service is a written statement under oath by the SCPO setting forth manner, place, date of service, the papers served, and the name of the person who received them.
- Key Responsible Officers include the SCPOs of all Police Offices/Units, Chiefs of Investigation of PROs/NSUs/DPOs/PPOs/CPOs/PSs, and Chiefs of Police and Station Commanders.
- A Subpoena Ad Testificandum is a process requiring a person to attend and testify at hearing/trial or investigation.
- A Subpoena Duces Tecum is a process requiring a person to appear before a court and bring books, documents, or other things under their control.
Coverage, responsible offices, and system governance
- The circular applies to all police offices from the lowest Police Station up to the Police Regional Office, including National Support Units, both administrative and operational, and directorial staff in the National Headquarters.
- All covered police offices must have:
- a Subpoena Court Process Officer (SCPO); and
- a separate Warrant Court Process Officer (WCPO).
- In the National Headquarters, the Case Monitoring Division (CMD) of the DIDM is the central repository of subpoenas and other legal processes issued by courts, tribunals, administrative bodies, and other quasi-judicial bodies.
- In the National Headquarters, the Chief of the Court Process Section of the Case Monitoring Division (CMD) of DIDM is designated as the CPO of NHQ PNP.
- The Information Technology Management Service (ITMS) must provide IT personnel detailed to the CPS Section, CMD for day-to-day system maintenance and upkeep.
- The circular requires that the timely service of subpoenas and other legal processes is the responsibility of Key Responsible Officers.
Substantive compliance duties and conduct rules
- The circular mandates that PNP personnel must ensure subpoenas are served and complied with efficiently at the soonest possible time, because subpoena service is part of due process.
- The PNP must contribute to maintaining the rule of law by ensuring persons required by courts and administrative/quasi-judicial bodies (as witnesses or otherwise) are informed and notified accordingly.
- Police officers named in subpoenas and legal processes must comply in good faith with directives therein.
- Failure to appear and/or testify as directed is treated as Serious Neglect of Duty pursuant to NAPOLCOM MC No. 2007-001.
- Any PNP personnel who becomes a prosecution witness must not transfer to any other unit outside the jurisdiction of the present unit during pendency of the case/s.
- If transfer is unavoidable due to exigency of service, the SCPO must inform the court/tribunal/administrative/quasi-judicial body and request transmittal of all court processes to the new unit assignment of the police witness/es.
- Personnel handling or witnessing several cases must inform the SCPO of conflicts in scheduled appearances/hearings; the SCPO must then notify the tribunal/administrative/quasi-judicial body to avoid failure to attend and testify.
- The service of subpoena is implemented using the PNP database, particularly its website aesubpoena.pnp.gov.pha.
How subpoenas are issued, transmitted, received, and acknowledged
- Courts must electronically issue subpoenas through the e-Subpoena system to particular PNP offices.
- The SCPO in every police office/unit must:
- inform concerned PNP personnel;
- ensure acknowledgment of issued subpoenas; and
- ensure attendance in court.
- The PNP System Administrator assigns unique usernames and passwords for each police station nationwide to access the e-Subpoena database.
- Once assigned, the username for a police station is not subject to change as far as practicable.
- Password changes are allowed only when there is a change in the station’s SCPO designated to monitor issued subpoenas through the e-Subpoena system.
- The Head of Office/Unit is responsible for proper use of the assigned username and password.
- Upon receiving the subpoena from the court, the SCPO must locate the concerned PNP personnel and direct them to report to the station/office to receive the subpoena either through their email account or in printed copy.
- Police personnel must acknowledge receipt by signing in the logbook provided by the SCPO.
- If personal receipt is impossible due to exigency of service, personnel must issue a Letter of Authorization addressed to the SCPO authorizing a colleague to receive on their behalf, which serves as proof of service.
- Subpoenas may be sent through electronic mail upon request of concerned personnel, and acknowledgment must still be made by signing in the SCPO logbook.
- The SCPO must maintain a logbook recording all subpoenas received by PNP personnel assigned in the station/office, including:
- name of police personnel;
- date of receipt;
- schedule of hearing/appearance;
- name of presiding judge;
- court venue; and
- reason/justification for absence.
- If police personnel fail to appear in court without reasonable excuse, the SCPO must immediately inform the Chief of Police/Head of Office recommending further Pre-Charge Evaluation and Investigation.
- The SCPO must direct police witnesses assigned in other NSUs through the Investigator-on-Case to report to the station/office to receive subpoenas by signing the logbook; these witnesses include those who participated in operations and those responsible for case build-up and filing in court.
- Police stations must give feedback on availability or non-availability of the police officer concerned within three working days from receipt; otherwise, feedback must be disclosed during the scheduled hearing as indicated in the subpoena form.
- The court’s office of the court administrator must designate court personnel tasked to send subpoenas through the e-Subpoena system by accessing the PNP database.
- Assigned court personnel must enter subpoena details using the computer-generated e-Subpoena Form prepared for that purpose.
- The e-Subpoena Form must be sent at least five days before the scheduled hearing, or within one day from the order of the court for service of:
- Subpoena Duces Tecum, or
- Subpoena Ad Testificandum.
- If the PNP server or website is down and access into the database cannot be done, subpoena service must be coursed through the email address of the police station where the police personnel is assigned or to the PNP provincial/regional/national headquarters.
- DIDM/PROs/NSUs/DPOs/PPOs/CPOs/PSs SCPOs must receive uploaded subpoenas, immediately inform concerned police personnel, direct them to personally report and receive the subpoena, and then acknowledge receipt to the court through the system.
- The SCPO must enter in the unit record book received orders/subpoenas/legal processes with the following data (as required fields):
- issuing court/tribunal/administrative/quasi-judicial body;
- date/time of receipt and nature of document, including purpose and person(s) named;
- initial actions and subsequent final action after subpoena served;
- date, time, and signature of police personnel acknowledging receipt.
- The SCPO must inform the court by acknowledging in the system that the subpoena/order was personally received by the named police personnel, indicating the name, place, and date of receipt.
- If service becomes impossible because the person is on mission, schooling abroad, dead, dismissed, retired, marked AWOL, or cannot be located at the address indicated, the SCPO must inform the court/tribunal/administrative/quasi-judicial body.
- If the subpoena cannot be served due to time constraints, the SCPO must inform the court for deferment and resetting of the hearing.
- On the hearing date, police personnel must prioritize review of the schedule, prepare for testimony, bring material evidence, and promptly attend.
- After attendance, police personnel must go to the Clerk of Court to procure a Certificate of Attendance; a copy of this and an After Activity Report must be furnished to the SCPO.
- The Clerk of Court must subsequently append in the e-Subpoena system the attendance of the personnel, indicating attendance and compliance with court orders/instructions.
- If the police personnel is no longer assigned in the station/office, the SCPO must forward the subpoena to the new unit assignment and inform the court of the forwarding.
- If the SCPO cannot determine the new assignment after diligent efforts, the SCPO must inform the court that the police personnel is no longer assigned in the station and forward the subpoena to the CMD, DIDM; CMD must determine the present assignment through the DPRM and then forward the subpoena to the police station/office currently assigned, after which the SCPO of the current station/office acknowledges receipt.
Technical procedure reference
- The circular directs that step-by-step procedures are in Annex B.
Roles and responsibilities by office
- The DIDM must:
- assume responsibility for efficient and effective implementation;
- monitor compliance through the Case Monitoring Division;
- prepare necessary reports for the C, PNP;
- continue evaluating system effectiveness through coordination with the Supreme Court and Department of Justice; and
- provide training to key PNP personnel involved in e-Subpoena use and operations, including users training at PROs/NSUs/DPOs/PPOs/CPOs/PSs.
- The DICTM must:
- assist DIDM in implementation;
- provide continuous technical support during cascading and user training;
- ensure continuous and effective system operation;
- coordinate with the Supreme Court on technical matters; and
- serve as primary responsible for maintenance and upgrade of the e-Subpoena database.
- The Directorate for Comptrollership (DC) must provide funds for smooth implementation.
- The Directorate for Police Community Relations (DPCR) must disseminate the policy guideline to stakeholders and agencies with law enforcement functions.
- ITMS must:
- ensure utilization and general maintenance of the e-Subpoena system;
- provide/assign e-mail addresses for each police office/unit, including NSUs, for database access;
- conduct a Full Systems Audit to provide secure hosting;
- ensure proper backup of the system and database; and
- provide at least two (2) IT personnel detailed to the Court Process Section, CMD, DIDM.
- Directors of PROs, NSUs, DPOs, PPOs, and CPOs must:
- ensure dissemination and implementation down to the lowest police office; and
- cause investigation of PNP personnel who failed to attend court duties.
- Chiefs of Police/Station Commanders must:
- ensure use and utilization of the e-Subpoena system in their stations;
- ensure subpoena is received by concerned PNP personnel;
- ensure faithful attendance to court duties;
- ensure forwarding of the subpoena to the concerned police station where personnel were reassigned; and
- cause investigation of PNP personnel who failed to attend court duties.
- Chiefs of Investigation (PROs/NSUs/DPOs/PPOs/CPOs/PSs) must:
- supervise their SCPO in e-Subpoena operations;
- ensure the concerned police officer is properly informed and personally reports to receive the subpoena;
- ensure attendance of concerned PNP personnel to court duties; and
- cause investigation of personnel who failed to attend.
- SCPOs must:
- notify concerned PNP personnel of issued subpoena;
- maintain an official logbook where the concerned personnel signs as receipt confirmation;
- ensure attendance in court duties;
- acknowledge issued subpoena by informing the court of due receipt;
- forward subpoenas if the subject personnel is reassigned;
- inform the court if the subject personnel is on mission, schooling abroad, dead, dismissed, retired, marked AWOL, or cannot be located at the address indicated; and
- recommend investigation against PNP personnel who failed to attend court duties.
Penalties and administrative consequences
- Any PNP member who, without justifiable reason, fails to appear and testify when ordered by a court/tribunal/administrative/quasi-judicial body is liable for serious neglect of duty and is penalized accordingly.
- If the non-appearance results in dismissal of the case or acquittal of the accused, or if the ordered police member is a principal witness or the arresting officer, dismissal from the service is imposed pursuant to NAPOLCOM Memorandum Circular No. 2007-001.
- Any PNP member who fails, without justifiable reason, to appear before the court in a drug case and/or through patent laxity, inexcusable neglect or unreasonable delay that resulted in unsuccessful prosecution and/or dismissal of the drug case must be charged for violation of Sections 91 and 92 of RA 9165, as the case may be.
- Key Responsible Officers who fail without justifiable reason to perform duties under the circular are liable for serious neglect of duty pursuant to NAPOLCOM Memorandum Circular No. 2007-001.
- Their immediate superior officer is equally liable for serious neglect of duty under the doctrine of Command Responsibility.
Rescission and governing continuation
- The circular rescinds PNP Memorandum Circular 2008-0801-003 dated August 1, 2008.