Law Summary
References
- Draws from various PNP and NAPOLCOM memorandums and Republic Acts, including RA No. 6975 as amended by RA No. 8551.
- Specifies authorities empowered to exercise disciplinary and non-disciplinary actions over PNP personnel: Chief PNP, Regional Directors, Directors of Administrative and Operational Support Units.
Definitions
- AWOL: Absence from work without approved leave.
- Dropped from the rolls: Non-disciplinary removal of a PNP member from the personnel roster.
- Returned to PNP Control: PNP personnel who reports back prior to official dropping from rolls.
- Restoration to Duty: Reinstatement to active service after suspension or during administrative investigation.
- Exigency of the Service: Urgent service needs from crisis, understaffing, or unique skills.
Status and Forms of AWOL
- Includes unauthorized absence, failure to return after leave, failure to notify superior of sickness, and failure to report to reassigned units within three days.
Nature of Dropping from the Rolls
- A non-disciplinary separation that does not forfeit benefits nor disqualify for reemployment but constitutes a derogatory record.
- Does not require stringent due process unlike dismissal.
Procedure for Non-Disciplinary Dropping from the Rolls
- AWOL for 5 to 29 days requires written notice directing return within 3 days; failure results in dropping from rolls.
- AWOL for 30 or more days leads to immediate dropping without prior notice but with post-separation notice.
- Immediate superior officer issues notice and submits report with recommendation.
- Authority evaluates and issues dropping order.
- Personnel on AWOL still considered in service pending order; may return without prejudice.
- Order execution stops salary, recalls issued equipment, deducts AWOL period from leave credits.
- Motion for Reconsideration (one allowed) and appeal procedures specified.
- Dropped personnel may be reappointed subject to qualifications and delay considerations (e.g., laches).
Procedure for Disciplinary Action
- Complaint must be filed while personnel still in service.
- No dropping for disciplinary purposes once complaint filed; reinstatement only if meritorious MR or appeal exists.
- Pre-charge evaluation allowed for reinstated personnel.
- Simultaneous use of dropping from rolls and disciplinary charge for serious neglect of duty is prohibited.
Reporting and Accountability
- Monthly consolidated reports on absentees and actions submitted to Director for Personnel and Records Management.
- Immediate superior officers bear responsibility and may be liable for failure to act.
- Unit directors/chiefs required to disseminate guidelines throughout their units.
Rescission and Effectivity
- Circular supersedes PNP Circular No. 98-007 (1998).
- Effective 15 days after filing at the University of the Philippines Law Center, following administrative code provisions.