Title
Supreme Court
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.

Law Summary

Scope and Application

  • Applies to all Philippine National Police (PNP) personnel, both uniformed and non-uniformed.
  • Governs the privilege of engaging in limited private practice of the licensed profession.
  • Applies only to professions duly licensed and in good standing with the appropriate regulatory body.

Objective of the Guidelines

  • Promote professional advancement, growth, and competence of licensed PNP professionals.
  • Ensure PNP personnel remain updated with developments in their fields.
  • Allow opportunities to establish professional contracts with other government agencies and the private sector.
  • Enable PNP to consider outside contracts for mission and functional enhancement.

General Guidelines on Limited Private Practice

  • Primary duty: Devote time, energy, and talents to the PNP organization.
  • Private practice is generally discouraged especially when service exigencies require maximum PNP service.
  • Limited private practice allowed as a privilege under immediate superior's approval, subject to conditions:
    • Applicant must not hold key or position of responsibility under specific PNP Circular No. 2000-008.
    • Private practice must not conflict with or excuse official PNP duties or attendance.
    • Applicant’s immediate superior is responsible to ensure the practice serves the service’s best interest.
    • Lateral entrants can only apply after three years of continuous satisfactory service.
    • For lawyers, private practice is limited to civil cases and quasi-judicial agencies where the government is not a party.

Revocability and Additional Duties

  • The authority to engage in private practice is a revocable privilege with or without cause.
  • Authority does not prevent reassignment or additional service duties as needed by the PNP.
  • Professionals may be temporarily assigned to other roles, like doctors augmenting hospitals during calamities.

Monitoring and Compliance

  • Chiefs of offices/unit commanders must monitor private practice engagements regularly.
  • If private practice interferes with police service interests, the privilege will be canceled and disciplinary action taken for neglect of duty.

Procedural Requirements for Private Practice

  • Written request to immediate superior must state private practice is for professional advancement, with pecuniary gain incidental.
  • Must attach:
    • Valid professional license (PRC or Philippine Bar certificates, IBP receipt, PTR)
    • Service statement
    • Latest Performance Evaluation Report (PER)
  • For renewals, submit list of cases handled with statuses.
  • Unit commanders evaluate requests for merit and impact on official duties.
  • Favorable endorsements forwarded; denials are final with no appeal.
  • Chief, PNP approves all requests upon recommendations and concurrence.
  • Permission valid for two years unless terminated earlier.

Sanctions and Accountability

  • Neglect of PNP duties by authorized personnel results in:
    • Cancellation of authority to practice
    • Administrative charges for serious neglect of duty after due process
    • Permanent disqualification from future private practice authorization if revoked for cause
  • Chiefs/unit commanders who fail to monitor properly face administrative prosecution under command responsibility doctrine.

Effectivity

  • Circular becomes effective 15 days after filing at the University of the Philippines Law Center.
  • Compliance aligned with the Revised Administrative Code of 1987 provisions on circular effectivity and filing procedures.

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