Title
PNP Limited Private Practice Guidelines
Law
Pnp Circular No. 2005-001
Decision Date
Jan 28, 2005
PNP Circular No. 001-05 allows members of the Philippine National Police to engage in limited private practice of their licensed professions, with certain conditions and restrictions, in order to promote professional growth and establish connections with other professionals.

Legal basis and referenced instruments

  • The Circular anchors its framework on Civil Service Resolution No. 93-2203, s. 1993.
  • The Circular also references DILG Circular No. 98-17, s. 1998.
  • The Circular cites PNP Circular No. 2000-008 as the governing guidance for selection and placement of police commissioned officers to key positions and other positions of responsibility in the PNP.

Policy and purpose

  • PNP licensed professionals must devote their time, energy, and talents to the PNP organization.
  • Private practice is discouraged, especially when service exigencies require maximization of service to the PNP.
  • The privilege of limited private practice is intended to promote professional advancement, growth, and competence.
  • The privilege is intended to attune PNP professionals with present developments.
  • The privilege enables limited contract opportunities with other professionals in other government agencies or instrumentalities and with the private sector for services that can later be considered in furtherance of PNP missions and functions.

Who may apply and when privilege applies

  • The Circular applies to PNP personnel, uniformed and non-uniformed alike, seeking the privilege of engaging in limited private practice of their respective professions.
  • The privilege applies only to professionals who are duly licensed and considered in good standing by the concerned regulatory office.
  • The Circular covers licensed professionals in the PNP, including, but not limited to: members of the legal profession, doctors of medicine, dentists, criminologists, accountants, and engineers.
  • Limited engagement in private practice may be allowed only when appropriate and seen fit by the immediate superior officer of the professional concerned.

Substantive conditions and limitations

  • The applicant must not be holding a key position or position of responsibility in the PNP or positions that can only be filled pursuant to PNP Circular No. 2000-008.
  • The limited practice must not conflict with, tend to conflict with, or compromise the applicant’s official functions.
  • Limited practice must not excuse attendance to command and other activities that the applicant is obligated to attend as a PNP member.
  • Responsibility rests with the applicant’s immediate superior officer to ensure that any granted privilege is for the best interest of the service, not merely for the applicant.
  • For PNP members who joined through lateral entry, an application may be entertained only after rendering a continuous satisfactory service of three (3) years from the effective date of appointment.
  • For members of the Philippine Bar, limited private practice is confined to civil cases only.
  • Philippine Bar members’ limited private practice must also be limited to cases that fall within the jurisdiction of quasi judicial agencies, such as, but not limited to: the Securities and Exchange Commission, the National Housing Land Use Regulatory Board, and the Bureau of Customs, provided that the Government is not a party to the case.

Nature of privilege and revocation rules

  • Limited private practice is a mere privilege.
  • Authority to engage in limited private practice is revocable anytime, with or without cause.
  • Revocation does not bar reassignment of personnel from one police office to another.
  • Revocation does not bar the imposition of additional duties and responsibilities required by the exigency of service.
  • PNP members who are lawyers not assigned in the Legal Service can be tasked, under Task Force “Legis,” to handle service-connected cases filed against PNP members.
  • Doctors, dentists, and nurses may be detailed to other government hospitals to augment health personnel, especially during calamities and natural disasters.

Monitoring duties and discretionary cancellation

  • The chiefs of offices or unit commanders must monitor professionals assigned under their jurisdiction to ensure the limited practice remains consistent with the Circular’s objective.
  • Upon the slightest indication that the interest of the police service is being neglected and held subordinate to the privilege to practice, the authority for such privilege must be immediately cancelled.
  • After cancellation, professionals are subject to appropriate disciplinary action for serious neglect of duty.

Application requirements and required documents

  • A professional must submit a written request to engage in limited private practice to the immediate chief of office or unit commander.
  • The request must state that private practice will be pursued for professional advancement, and that pecuniary gain is only incidental and not the primary consideration.
  • The request must be accompanied by the following documents:
    • A license issued by the Professional Regulatory Commission, and for members of the Philippine Bar, a certificate of admission as such; and a copy of an IBP receipt evidencing payment of annual membership; and the latest PTR.
    • A statement of service.
    • A copy of the latest performance evaluation report (PER).
  • For renewal purposes, the application must additionally attach a complete listing of the cases handled and their status.

Evaluation, endorsements, approvals, and validity

  • The unit commander or chief of office must thoroughly evaluate the merit of the request and its impact or implication on overall performance of the unit or office.
  • If meritorious, the unit or office must provide a favorable endorsement to the approving authority.
  • If not meritorious, the request is denied, and the denial must state the reasons therefor.
  • No appeal or request for reconsideration is entertained regarding denial.
  • The Chief, PNP is the approving authority for all requests favorably recommended by the RD/Director concerned and concurred in by TDPRM, TCDS, and TDCA.
  • Unless sooner terminated, authority to engage in limited practice is valid for two (2) years from the date of approval.

Sanctions, disciplinary consequences, and command responsibility

  • If authorized PNP personnel neglect their obligations and responsibilities as PNP members, they face cancellation of authority to practice and administrative charging and sanction for serious neglect of duty.
  • Administrative proceedings require notice and hearing, and the personnel are dealt with accordingly if warranted by evidence.
  • Personnel whose authority has been revoked for cause are not granted the same authority again.
  • Chiefs of offices and unit commanders must monitor limited private practice within their jurisdiction.
  • Failure of chiefs of offices and unit commanders to perform monitoring creates a ground for administrative prosecution under the doctrine of command responsibility.

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