Title
PNP Disciplinary Policies Codified
Law
Pnp Memorandum Circular No. 2013-020
Decision Date
Nov 27, 2013
The PNP Memorandum Circular No. 2013-020 establishes a comprehensive disciplinary framework for the Philippine National Police, integrating new policies to enhance accountability, streamline administrative processes, and promote a culture of commitment to duty and public service.

Legal basis, referenced authorities, and intent

  • The disciplinary framework is anchored on RA. No. 6975 as amended by RA. No. 8551 and further amended by RA. No. 9708, which governs the PNP.
  • The circular builds on prior PNP disciplinary machinery policies that had been issued through LOI, memoranda, circulars, and manuals, including LOI No. 21/08 (PATNUBAY II).
  • The circular expressly requires discipline to be codified into one operational system aligned with the PNP strategic thrust aCODE-P 2013 and beyonda and PNP P.A.T.R.O.L. Plan 2030.
  • The circular states that discipline focuses on commitment to duty, law and order, and “Serbisyong Makatotohanana” to the general public.

Defined terms and key concepts

  • Absence Without Official Leave (AWOL) means the status of a police officer who absents himself from work without an approved leave of absence.
  • Acknowledgement Receipt of Equipment (ARE) is a documented verification that goods have been received or services have been rendered, shown by the recipient’s signature on a bill of lading, an invoice, or another form.
  • Certificate of Finality is a written document issued by the competent disciplinary authority certifying finality and executory character of an order or decision when the respondent failed to file an MR within the required period, or the motion was denied and the respondent did not appeal; it must include proof of service in chronological order, duly authenticated by C, RPHRDD.
  • Certificate of Implementation is a written certification issued by the competent disciplinary authority stating that an order, decision, or resolution is subject for implementation due to denial of an MR, pendency of an appeal with a penalty, or absence of a TRO, Preliminary Injunction or Prohibition; it must include proof of service and/or notice in chronological order, duly authenticated by C, RPHRDD.
  • Case Monitoring and Case System means a central database of administrative and criminal cases and clearances of the PNP.
  • Dropping from the Rolls is a non-disciplinary administrative sanction deleting the name of PNP personnel from the roster.
  • Individual Performance Evaluation Rating (IPER) is used to assess PNP personnel’s performance based on mission and vision contribution, skills and competencies, and attitude toward work.
  • Just Debt applies only to claims with court adjudication or an obligation admitted by the respondent.
  • PNP Personnel includes uniformed and non-uniformed members of PNP in active service.
  • Probable Cause exists when facts and circumstances within the investigating officer’s knowledge would excite belief that the complained PNP member is liable for the administrative offense requiring formal investigation.
  • Reinstatement is the issuance of an appointment to a person previously appointed in the career service who was separated through no delinquency or misconduct, or who was exonerated, unless the exonerating decision specifies restoration to the previous position.
  • Restrictive Custody is only nominal restraint beyond habeas corpus; it is neither actual nor effective restraint and is a permissible precaution to assure accounting of the police officer.
  • Suspension is a temporary cessation from work.
  • Termination Proceedings are the conduct of investigation or review against PNP personnel under temporary status (PO1/Technical and Line Lateral Officers) for unsatisfactory conduct or performance or administrative offenses that could warrant termination of service.

Preventive phase discipline obligations

  • The circular requires all PNP offices/units to conduct a monthly inspection covering accounting of individual well grooming, issued firearms, the Individual Performance (IP) Card, Miranda Doctrine Card, and other uniform paraphernalia.
  • The circular requires all RPHRDD/RPMD/ARMD to conduct a five (5) day orientation training for all newly appointed PNP personnel (recruit/lateral/PNPA graduates) before the Field Training Program (FTP) to guide police decorum, the nature of police work, and expected performance.
  • PNP offices/units must require every personnel to draft their own IP Card based on actual duties and responsibilities, and use performance of identified duties and responsibilities as the basis for IPER to be submitted semi-annually.
  • PNP offices/units must strictly comply with CMC No. 19-2013 on PNP Review and Compliance Committees (RCC) and policy guidelines and procedures on accomplished Statement of Assets, Liabilities and Networth Forms.
  • PNP offices/units must establish a Quality Service Lane (QSL) and provide a public reporting system by SMS (text 2920) to receive complaints and crime incident reports, acted upon with speedy disposition by concerned offices.
  • PNP offices/units must include in Police Information Continuing Education (PICE) topics on ethical standards and decorum, human rights, and anti-graft and corrupt practices to mold and instill unit discipline.

Preventive phase administrative and operational rules

  • PNP offices/units must strictly comply with Civil Service policies prescribing the placement of Second (2nd) Level Uniformed Personnel for simplified and transparent transfer of personnel between offices.
  • PNP personnel relieved from assignment/designation/position must conduct a formal inventory of records/documents/property under custody in the presence of the immediate supervisor and turn over the same to the successor prior to issuance of a property clearance.
  • PNP personnel designated/assigned in a position must conduct inventory to counter-check unit records/documents/property and receive them from the predecessor.
  • If no inventory and proper turnover occurred, the successor must conduct inventory and initiate appropriate charges against the predecessor.
  • PNP offices/units must comply with NMC No. 2010-004 and NMC No. 2012-002 on transparent criteria and procedures for incentives, awards, rewards, and promotion by position and rank based on merit and fitness.
  • PNP offices/units must strictly observe the simplified personnel transaction procedures of the Directorate for Personnel and Records Management (DPRM).

Preventive phase testing, inventories, and jurisdiction

  • PNP offices/units must submit annual requests for random drug test and physical and mental examination to PNP Health Service (HS) and PNP Crime Laboratory Group (CLG).
  • PNP HS and PNP CLG must schedule the annual random medical and neuro-psychiatric test and drug test respectively for all PNP personnel.
  • Results of random medical and neuro-psychiatric tests and drug tests must be submitted to DPRM for consolidation and proper disposition within the required period, especially for positive results.
  • PNP offices/units must conduct quarterly inventories of administrative and criminal records of all personnel with complete details and status and submit the same to DPRM for the database for Case Monitoring and Clearance System.
  • Discipline of Non-Uniformed Personnel (NUPs) must follow the URACCS or RRACCS in force at the time of commission of the offense.
  • Jurisdiction over administrative cases against NUPs is vested in their respective appointing authority (Regional Director (RD) or Chief, PNP, as the case may be).
  • All PNP personnel must update contact information annually (home address, e-mail addresses, phone numbers), with DPRM through RPHRDD, DPHRDD, ARMD ensuring compliance.

Investigation and adjudication phase timelines and approvals

  • Pre-Charge Evaluation Reports initiated by DIDM must be submitted for approval by the Deputy Chief for Administration, observing impartiality in the prosecution aspect.
  • Pre-Charge Evaluation Reports initiated in Police Regional Offices (PROs) and National Support Units (NSUs) must be submitted and approved by the respective Regional Directors and Directors of those offices/units.
  • Newly appointed PNP personnel who commit violations while still in temporary status must undergo termination proceedings under applicable circulars: NMC No. 2007-009 for recruits and NMC No. 2008-006 for lateral entrants.
  • Referrals or complaints against uniformed PNP personnel must comply with documentary requirements under NMC No. 2007-001 and must be evaluated for probable cause within three (3) working days from submission; for NUPs, preliminary investigation under Rule 4 of the RRACCS must be complied with.
  • Complaints against PNP Non-Uniformed Personnel must be evaluated for probable cause within 20 working days under RRACCS.
  • Administrative proceedings must be initiated against personnel with pending criminal cases; if no administrative proceeding occurred during the pendency and the personnel is later adjudged guilty, appropriate administrative charges must be filed.

Investigation and adjudication phase employment consequences

  • Personnel detained due to criminal charges must be placed under automatic leave of absence without pay.
  • Complaints purely for non-payment of debt must be accompanied by documentary evidence proving the obligation is Just Debt, which applies only to claims with court adjudication or obligations admitted by the respondent (for NUP respondents).
  • A person claiming a right to reinstatement to a Civil Service position must institute proper proceedings within one (1) year from the date of separation; otherwise the claim is treated as abandonment or acquiescence and is not entitled to reinstatement.
  • Decisions granting Motion for Restoration/Reinstatement on Dropped From Rolls cases must include orders for physical and mental examination and drug test, and require Pre-Charge and Summary Hearing Proceedings as warranted.
  • Before reinstatement, the respondent must pass the drug test and Neuro-Psychiatric (NP) examination; otherwise the respondent must be separated or retired pursuant to Section 14 of R.A. No. 8551, amending Section 30 of R.A. No. 6975.
  • Reinstatement ordered by appellate bodies that have attained finality must be immediately implemented as a matter of course, without requiring NP and drug tests.

AWOL rules, salary stoppage, and ex parte decision

  • No order lifting AWOL status shall be issued upon return of the personnel; instead, an order of return to active duty must be issued assigning the subject to the Personnel Holding and Accounting Unit (PHAU) pending resolution of administrative proceedings.
  • Reported AWOL cases must be referred for Pre-Charge Evaluation and may be subjected to Summary Hearing Proceedings despite continuous absence of the respondent.
  • No personnel in AWOL/DFR status is entitled to receive salary, pay, or allowances under “No work, No pay”; Heads of Offices are responsible for monitoring stoppage starting on the effectivity of the AWOL/DFR order.
  • Personnel ordered AWOL must not receive salary, pay, and allowances from the effectivity of the AWOL order.
  • Personnel ordered AWOL or DFR must be verified with the Office of Bureau of Immigration (BI) regarding travel activities during unauthorized absences; a BI verification must precede resolution of a Motion to lift DFR/AWOL or an appeal for reinstatement.
  • A positive BI finding of travel abroad during AWOL is a ground for denial of the motion/appeal for reinstatement.
  • When uniformed respondents do not appear despite due notice, proceedings must proceed ex-parte, and a decision must impose the maximum penalty (Dismissal from the Service) in AWOL or prolonged unjustifiable absences for more than 30 days (Serious Neglect of Duty).
  • Notice and summons must comply with Rule 18, NMC No. 2007-001 for cases against uniformed personnel.
  • If reinstatement occurs, the number of AWOL days must be deducted from years of service, negatively affecting Senior Lineal Listing ranking, and any days for which salary was received must be deducted from leave credit.

Restrictive custody, implementation certificates, and finality

  • Restrictive custody must be issued only by a duly authorized officer provided by law.
  • Restrictive custody must terminate upon termination of the administrative case, issuance of a Warrant of Arrest by a court of proper jurisdiction, or issuance of an order lifting restrictive custody by the issuing authorized officer.
  • Respondents under restrictive custody must be under the custody of Headquarters Support Service or its equivalent unit in the PROs, responsible for accounting and securing the personnel.
  • Except when the involved personnel is non-uniformed and the penalty is dismissal, a Certificate of Implementation must be issued by DPRM or the equivalent office in PROs/NSUs after denial of an MR against the decision of the disciplinary authority; implementation must immediately follow.
  • Decisions reversed by appellate bodies must be appealed by the concerned prosecuting office/unit within the prescribed period.
  • Disciplinary authorities must issue a Certificate of Finality when no MR or appeal is filed or taken after ten (10) calendar days from receipt of the decision; implementation must immediately follow.
  • Orders, decisions, or resolutions by PNP disciplinary authorities must be implemented only upon issuance of a Certificate of Implementation or Certificate of Finality, except Ombudsman issuances which must be implemented upon receipt.

Firearm turn-in and submission for confirmations

  • When suspension is imposed, the respondent uniformed personnel must turn in firearms, ammunition, and other equipment covered by ARE to the immediate supervisor (Chief of Police/Division Chief/Director, NSU, Group Leader), who must indorse equipment to the Supply Accountable Officer (Regional SAO/District SAO/Logistics Officer) for safekeeping.
  • Re-issuance of the turned-in equipment must occur only upon the suspended uniformed personnel’s return to active duty.
  • Decisions of Directors/NSUs involving Grave or serious offenses where the penalty imposed is dismissal, demotion, suspension, forfeiture of salary, restrictive custody, withholding of privileges, or any combination for a period of more than 30 days must be submitted to DPRM (Attn: Discipline, Law and Order Division) for confirmation to preclude more appeals and adverse decisions from SILG.
  • Summary dismissal cases decided by District Directors, NCRPO imposing dismissal must be submitted to the RD, NCRPO for confirmation.
  • Approved decisions against uniformed personnel must be furnished to DIDM, RIDMD and DIDMD for consideration of aggravating circumstances of repeatedly charged and recidivism as defined under Section 1, Rule 2 of NMC No. 2007-001.
  • In summary dismissal cases (grave offenses) against PO1 where the maximum suspension applies, the circular imposes a maximum suspension of six (6) months when the appropriate penalty is in the medium period of one (1) Rank Demotion, and requires submission for confirmation by the CPNP.
  • Summary dismissal proceedings or administrative cases for grave offenses decided by RDs and D, NSUs against PCOs must be submitted to OCPNP for confirmation.
  • Decisions of RDs imposing six (6) months or 180 days suspension must be submitted to OCPNP for confirmation.
  • The Notice of Appeal and/or Memorandum on Appeal without proof of service to the other party must not be accepted.

Reformation phase obligations and incentives

  • Reinstated PNP personnel must be assigned at the Personnel Holding and Accounting Unit (PHAU) of respective offices/units and must undergo medical and physical examination and drug test.
  • Results of medical and physical examination and drug test must form compliance for restoration of salary and reassignment to field units.
  • PNP offices/units must request a stress management seminar from PNP HS at least once a year.
  • DPRM must draft decorum policies covering minor offenses (first time offenders) including penalties of community service or additional 24 hour office duty or cleaning duty/garbage disposal to declog the docket.
  • DPRM, in coordination with DIDM, DHRDD, and PNPTS, must conduct annual three (3) days training for Summary Hearing Officers (SHOs), Pre-Charge Evaluators (PCEs), and Discipline, Law and Order Division/Sections (DLOD/DLOS) personnel clustered for Luzon, Visayas and Mindanao.
  • PCOs with rank of PCINSP and above must be included in the pool of SHOs.
  • Aspirants for Provincial Director or City Director must submit certification of having been an SHO, or C, DLOS or C, PCEIS, or reviewing authority of administrative cases, as a requirement for nomination.

Reformation phase: drafting quotas and pay

  • SHOs must receive Php2,000 per case to defray expenses for summary hearing proceedings and other administrative requirements to ensure strict compliance with the 60-day requirement of resolving administrative cases.
  • Drafters and reviewers within DLOD/DLOS must receive incentive of Php400 pesos each per case.
  • Recorders and stenographers must receive incentive of Php250 pesos per case and must assist the SHO in compliance with the 60-day submission period for resolutions.
  • Drafters and reviewers must comply with a quota system requiring submission of at least one (1) complete draft decision (original administrative case) or draft resolution (MR/restoration or appeal) per day for approval and signature of the disciplinary authority.

Case monitoring and nationwide clearance system

  • DPRM through DLOD, in coordination with ITMS and PAIS, must establish a database of administrative and criminal cases for the Case Monitoring and Clearance System (CMCS).
  • CMCS must include red-flag information about involvement in: a “one strike policy” and other illegal activities validated by ODI; violation of a “no take policy” and a Crime Volume Reporting System evaluated by ODIDM; violation of R.A. 9165 including bungling of drug cases and non-appearance in court hearing determined by AIDSOTF; and awards/commendations recorded by RMD, DPRM.
  • Personnel records in the clearance/PAIS record must reflect red-flag information identifiable by a “Red Flaga”.
  • DPRM through DLOD must maintain a database of administrative and criminal cases and other administrative actions imposed, and conduct actions for prompt implementation of decisions/resolutions/orders rendered by PNP, PLEB, OMBUDSMAN and SANDIGANBAYAN.
  • PNP units must maintain secured storage of case folders, controlled by accountable DLOD personnel.
  • PNP offices/units must conduct proper turnover and inventories when accountable personnel are relieved or reassigned.
  • PNP offices/units must submit every first five days of the month an update on administrative and criminal cases filed against PNP personnel within their AOR.
  • PNP offices/units must coordinate within their AOR with Regional NAPOLCOM, local courts, OMBUDSMAN, and PLEB to extract records of administrative and criminal cases for monthly compliance.
  • PNP offices/units must establish databases following ITMS and upload to DLOD/DPRM; they must also scan case folders for electronic storage and upload for record digitization.
  • PNP offices/units must allocate computer equipment and scanners intended solely for case monitoring and digitization.
  • DPRM must conduct an annual three (3) days training with ITMS, DHRDD, and PNPTS for installation and maintenance of the database to encoders in PROs grouped for Luzon, Visayas, and Mindanao.

Duties by office and implementing coordination

  • DPRM is designated as the Office of Primary Responsibility (OPR) and must draft a PNP Disciplinary Code covering all disciplinary policies, issuances, and directives issued by PNP, NAPOLCOM, CSC, and other authorities; draft PNP decorum for minor offenses; establish CMCS and digitization database; monitor IP CARD and IPER system implementation; request funds and spearhead activities; draft simplified issuance of national clearance; request and allocate funds for incentives of SHOs, drafters, and reviewers of DLOD; and perform other tasks as directed.
  • DIDM must assist DPRM in establishing CMCS; encode Pre-Charge Evaluation cases and criminal cases; participate in trainings of SHOs, PCEs, and DLOS drafters/reviewers; and perform other tasks as directed.
  • DC must provide and allocate funds for implementation and perform other tasks as directed.
  • DI must assist verification and case build-up; encode cases involving one strike policy and other validated illegal activities; and perform other tasks as directed.
  • DO and DL must provide support for implementation and perform other tasks as directed.
  • DPCR must assist monitoring implementation and perform other tasks as directed.
  • DICTM must provide technical support for CMCS and perform other tasks as directed.
  • DHRDD must provide assistance in reviewing and evaluating programs of instruction and PNP decorum for DPRM endorsement; draft training directives for approval, fund requests, schedule, and dissemination; and perform other tasks as directed.
  • TS must schedule trainings/seminars and perform other tasks as directed.
  • IAS must conduct investigation, Pre-Charge Evaluation, and summary hearing proceedings; encode administrative and criminal cases; submit recommendations and draft decisions for approval/signature; assist database establishment; and perform other tasks as directed.
  • HS must conduct mental and physical examination to reinstated from AWOL or DFR; schedule and conduct annual random mental and physical examination; submit program of instruction for annual unit stress management seminars; and perform other tasks as directed.
  • CLG must schedule and conduct annual random drug tests and submit reports to DPRM and perform other tasks as directed.
  • CHS must submit program of instruction on spiritual reformation for unit training and perform other tasks as directed.
  • HRAO must submit program of instruction on human rights for unit training and perform other tasks as directed.
  • LS must provide legal assistance in implementation, assist in drafting PNP Disciplinary Code, and perform other tasks as directed.
  • PCRG must provide support for proper implementation for all PNP offices/units and perform other tasks as directed.
  • CIDG must draft a verification system for PNP personnel with criminal charges; initiate appropriate administrative charges on those with criminal cases; coordinate with local courts to extract data on PNP personnel with criminal charges for CMCS; and perform other tasks as directed.
  • PIO must provide assistance in implementation and perform other tasks as directed.
  • ITMS must provide technical assistance in designing CMCS and perform other tasks as directed.
  • AIDSOTF must encode cases involving PNP personnel violating R.A. 9165, bungling of drug cases, and committing Serious Neglect of Duty for failure to attend court hearing, and perform other tasks as directed.
  • HSS/PHAU must submit monthly reports to DPRM on accounting of those under restrictive custody and perform other tasks as directed.
  • PROs/NSUs must prepare an IMPLAN to the circular and submit it to DPRM; impose quota and incentive systems as specified; request funds for equipment for online database; request funds for incentives of SHOs and DLOS drafters/reviewers; submit inventory of approved/signed decisions naming SHOs and drafters/reviewers of their DLOS; request continuous unit training, stress management seminars, and enhancement training for SHOs and drafters/reviewers of DLOS; and perform other tasks as directed.

Coordinating instructions and delegation

  • The Chief, PNP delegates authority to TDCA as approving authority for all Pre-Charge Evaluation Reports originating from DIDM to monitor prosecution and handle appellate action as deemed necessary.
  • All administrative adjudications involving serious/grave offenses filed against PCOs and NUPs (SG 1 to 17) must be approved and signed by the Chief, PNP, under the principle that the power to appoint comes with the power to dismiss.
  • DPRM through DLOD is authorized to coordinate with concerned offices/units for verification and issuance of one (1) national clearance for PNP personnel for promotion, transfer, placement, leave abroad, official travel abroad, UN deployment, restoration, and retirement to simplify document processing.
  • All offices conducting trainings/seminars must submit their respective Program of Instruction and budget requirements to DPRM for consolidation and submission to DHRDD for approval of the CPNP, through concurrence of TDC and Command Group.

Rescission, separability, and operative effect

  • All existing PNP directives and issuances contrary to or inconsistent with this circular are rescinded or modified accordingly.
  • Any portion of the circular inconsistent with the organic law or declared unconstitutional does not affect the validity of other provisions.

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