Law Summary
Objectives
- Define preconditions and procedures to accept tangible goods or asset donations to the Philippine National Police (PNP)
- Delegate authority levels for acceptance and recognition of donors
Purpose
- Establish policies and guidelines for acceptance and proper disposition of tangible goods or asset donations to the PNP
Definitions
- Donation: Gratuitous transfer of a thing or right to the PNP
- Donor: Any person, juridical entity, or organization giving the donation
- Donee: PNP unit/office receiving the donation
- Deed of Donation: Public document transferring ownership from donor to donee
- Acceptance: Written express act by an authorized PNP officer agreeing to the donation
- Tangible Goods or Assets: Equipment, supplies, cash, movable or immovable property relevant to PNP mission
Policies
- Only designated PNP officers have authority to approve/sign donation acceptance, including Chief, PNP, various directors, regional directors, group directors, chiefs of police, and station commanders
- Donations must benefit the PNP’s goals and objectives
- Only donations from legitimate legal sources are accepted
- Every donation requires a deed of donation with proper valuation, supported by an appraisal committee including various officials and representatives
- Donated goods/assets must be recorded in property books within 15 days
- No special treatment or expectation of return is given to donors or facilitators
- Donations strictly for official PNP functions
- Donations must be free from liens, mortgages, and encumbrances
- On donation acceptance, authorized representatives must be present for turnover, observing specific representatives for different asset types
- Donated property must not defraud creditors or parties in interest and the donor must retain sufficient funds for obligations
Procedures
- Deed of Donation must include terms on intended use, authority for PNP’s use, and affirm no special treatment expected
- Prior notice and approval needed before accepting donations
Specific Procedures for Types of Donations
- Motor Vehicles:
- Transfer of deed, official receipt, and registration
- Certification vehicle not carnapped
- Compliance with PNP standard markings and specifications
- Firearms:
- Prior Authority to Purchase request and approval
- Licensing and registration under donee PNP unit
- Usage limited to official PNP functions
- Compliance with NAPOLCOM Resolutions
- Real Property:
- Deed executed before notary public
- Submission of multiple supporting documents including title, plans, tax documents, resolutions for LGU donations
- Procedures for titling depending on property classification (registered/unregistered, judicial/administrative titling)
- Properties for police stations must meet approved standards
- Cash/Fund:
- Acknowledgement receipt issued upon receipt
- Deposit in trust account in Land Bank
- Utilization per deed of donation or approved program
- Reporting and separate ledger maintenance
- Other Equipment:
- Must comply with relevant laws and this circular
- Proper valuation and documentation required
Responsibilities
- Various PNP directors, chiefs, and officers responsible for compliance and implementation
- Regional Directors and logistics ensure proper documentation and property book entry
- Appraisal and authority granting by DO and DI
- Background checks on donors by DI, IG, and RID
- Strict control over release and official use of donated firearms
- Recognition for donors but no special favors
- Accounting and finance units to maintain records and budgets for donated goods
- Monthly reporting on donated assets for evaluation
- Assistance in transfer/documentation of donated equipment by NSU directors
- Supply officers to maintain PPE ledger cards and reconcile accounts
Penalties
- Violations subject to investigation and may result in criminal, civil, and administrative charges
Effectivity
- Circular effective 15 days after publication on October 4, 2007