Legal basis and cited authorities
- The guidelines are anchored on Section 41 and Section 42 of Republic Act No. 6975, as amended by Section 53 of Republic Act No. 8551.
- The Circular is based on internal PNP and NAPOLCOM issuances, including DPRM Memorandum dated July 28, 1998 as approved on August 11, 1998.
- The Circular references Memorandum Circular No. 95-017 on guidelines for dropping from the rolls for AWOL/unauthorized absences.
- The Circular references Memorandum Circular No. 96-004 clarifying the service status of PNP personnel marked on AWOL pending a dropping-from-the-rolls order and/or administrative action.
- The Circular references NAPOLCOM Memorandum Circular No. 94-001A, amending NAPOLCOM Memorandum Circular No. 94-001 on equivalent supervisors under Section 41(b), RA No. 6975.
- The Circular references NAPOLCOM Memorandum Circular No. 2007-001 (including Rule 5 of that issuance).
Purpose and covered AWOL handling
- The Circular prescribes guidelines in handling Absence Without Official Leave (AWOL) and Neglect of Duty offenses incurred by PNP uniformed personnel.
- The guidelines cover both non-disciplinary action (dropping from the rolls) and disciplinary action for AWOL/related misconduct.
- The procedure distinguishes between short-term AWOL and AWOL of thirty (30) calendar days or more.
- The Circular sets timelines for notices, reporting back to duty, evaluation by competent authority, and available remedies.
Key definitions and concepts
- Absence Without Official Leave (AWOL) refers to the status of any official or employee who absents himself from work without approved leave of absence.
- Dropped from the rolls is a non-disciplinary administrative sanction that deletes the name of the PNP personnel from the personnel roster.
- Returned to PNP Control means that before a dropping-from-the-rolls order is issued, the AWOL personnel reports back to the unit and is restored to duty status without prejudice to disciplinary proceedings.
- Restoration to Duty is a mode of entry into active service after suspension, serving a penalty, and/or for the purpose of administrative investigation.
- Exigency of the Service includes:
- Urgent need of the service during crisis situations such as occurrence of calamities, serious insurgency problems, strikes, etc.;
- Urgent need where the station is severely undermanned materially affecting effectiveness, considering one policeman for every thousand population, or the minimum required strength of twenty one (21) PNP personnel for every municipal stations; or
- Unique individual skill or expertise of the respondent such that continuous absence most likely prejudices the service.
AWOL status and separation effects
- AWOL for Police Commissioned Officers (PCOs) and Police Non-Officers (PNCOs) covers, among others:
- Absence from place of work or assignment without approved leave; or abandonment of work or assignment without prior approval of the immediate superior officer;
- Failure to report for duty after expiration of approved leave;
- Failure to give notice to the immediate superior officer of inability to report due to sickness or injury, or failure to file the appropriate application for sick leave after return, attaching the required medical certificate; and
- Failure to report to the new assignment/unit within three (3) days from receipt of the order of reassignment, or for reporting to a unit where the member is not officially assigned.
- Dropping from the rolls is a mode of separation non-disciplinary in character that does not result in forfeiture of benefits and does not disqualify the personnel from reemployment in government.
- Dropping from the rolls does not require stringent observance of due process.
- Even if dropping from the rolls does not disqualify from reemployment, it is treated in police service as a derogatory record that affects reappointment or reemployment in the PNP.
Non-disciplinary dropping-from-the-rolls procedure
- Non-disciplinary dropping-from-the-rolls applies to PNP members who fall within the AWOL categories and whose absence is five (5) calendar days or more but not to exceed thirty (30) calendar days, after due notice, under the prescribed procedure.
- AWOL of thirty (30) calendar days or more results in dropping from the rolls without prior notice, but the personnel must be informed not later than five (5) days from its effectivity sent to the address in the latest 201 file.
- The immediate superior officer must serve a written notice within five (5) calendar days from the date the personnel has been AWOL, directing reporting/return to work within three (3) days from receipt, with a warning that noncompliance is a valid ground to drop the personnel from the rolls.
- If the absentee fails to return after three (3) days, the immediate superior officer must submit, through proper channel, within three (3) days, a report recommending dropping from the rolls.
- Upon receipt of the report, the competent PNP authority must thoroughly evaluate the records and issue the dropping-from-the-rolls order if the recommendation is meritorious.
- Pending issuance of the dropping-from-the-rolls order or promulgation of an administrative decision for AWOL, the AWOL personnel remains considered in the service and may report back to duty subject to the outcome of the administrative case.
- The dropping-from-the-rolls order issued by the Chief, PNP, Regional Directors, and delegated officers is immediately executory, without prejudice to filing a Motion for Reconsideration or Appeal.
- If the Motion for Reconsideration is meritorious (such as when hospitalized and absence is charged to leave credits; reassigned without knowledge but continuously reported for duty; or due to administrative lapse), the personnel must be restored to the former position with entitlement to all benefits and allowances failed to receive during the period of absence.
- Immediately upon issuance of the dropping-from-the-rolls order, the personnel’s salary and other allowances are stopped, the name is stricken from records, the AWOL period is deducted from accumulated leave credits, and issued firearms and accouterments including the PNP Identification Card and Police Badge are recalled.
- The affected personnel has three (3) days from receipt of the dropping-from-the-rolls order to file a Motion for Reconsideration with the non-disciplinary authority that issued the order, and the motion must be resolved within the same period.
- Only one (1) Motion for Reconsideration is allowed, and failure to file the motion and/or appeal within the reglementary period is a cause for denial.
- If the Regional Director (or delegated authority) denies the Motion for Reconsideration, the denial order is appealable to the Chief, PNP within three (3) days from receipt of the denial order.
- The Chief, PNP’s Order of Dropped from the Rolls is final and executory.
- Reappointment may be granted at the discretion of the appointing authority provided the personnel possesses all qualifications and none of the disqualifications under Section 30 of RA 6975, as amended by Section 14 of RA 8551.
Disciplinary-action rules and limits
- Disciplinary action or a Summary Hearing for AWOL/related neglect must be initiated by filing a complaint while the erring personnel is still in the service and before issuance of a dropping-from-the-rolls order.
- Once a complaint is filed, the personnel can no longer be dropped from the rolls.
- After a dropping-from-the-rolls order has already been issued, disciplinary authority must not reinstate solely to acquire jurisdiction and then charge serious neglect of duty, because it would render nugatory the prior non-disciplinary dropping action.
- Reinstatement after dropping-from-the-rolls must be tied to a timely and/or meritorious Motion for Reconsideration or appeal to the Chief, PNP (including cases such as incarceration where the member cannot report and is later found totally innocent).
- A personnel dropped from the rolls ceases to be a member of the PNP and is considered out of PNP jurisdiction; reinstatement is not allowed unless the member has filed a timely and/or meritorious Motion for Reconsideration or appeal to the Chief, PNP.
- A reinstated personnel whose timely and/or meritorious Motion for Reconsideration or appeal was given due course may be subjected to a pre-charge evaluation to determine circumstances why the person went on AWOL, and such pre-charge evaluation is the general procedure.
- The non-disciplinary dropping-from-the-rolls mode and the disciplinary mode of charging for Serious Neglect of Duty cannot be used simultaneously, consistent with the principle that when dropping from the rolls is used as separation, the police officer can no longer be charged for Serious Neglect of Duty arising from AWOL and vice-versa.
Reporting duties and officer responsibility
- A consolidated monthly report must be submitted on the prescribed form listing:
- the names of absentee personnel,
- their unit assignments, and
- the period of absence, including action taken against the absentee.
- The monthly report must be submitted to the Office of the Director for Personnel and Records Management (DPRM), PNP NHQ not later than the 30th day of the month following the reporting month.
- The immediate superior officer is directly responsible for each case of absence without official leave committed by any PNP personnel.
- Failure or refusal of the superior officer to initiate either disciplinary action against the erring personnel renders the superior officer administratively liable under the Doctrine of Command Responsibility.
- Unit Directors and Chiefs of Offices must disseminate the Circular up to the last member of the unit or office.
Rescission and amendments
- PNP Circular No. 98-007 issued on August 11, 1998 is amended by PNP Circular No. 2008-005.
- The Circular’s adoption is dated May 17, 2008, signed by AVELINO I. RAZON JR, Police Director General, Chief, PNP.