Title
Supplemental Guidelines on PNP Delinquency Reports
Law
Pnp Memorandum Circular No. 2015-001
Decision Date
Feb 16, 2015
The PNP Memorandum Circular No. 2015-001 establishes a streamlined Delinquency Report System to enhance the disciplinary authority of chiefs of offices, enabling swift corrective actions for minor infractions among PNP personnel without lengthy proceedings.

Legal basis and related issuances

  • PNP Memorandum Circular No. 2015-001 is issued as supplemental guidelines to implement the Delinquency Report (DR) System established under PNP MC No. 2014-025, approved by the CPNP on July 28, 2014.
  • PNP MC No. 2015-001 refers to a DPRM Memorandum dated July 18, 2014, approved by the CPNP on July 28, 2014.
  • PNP MC No. 2015-001 states that it is issued because specific concerns raised during a seminar on implementation of the DR System were not addressed in PNP MC No. 2014-025.

Purpose, rationale, and intent

  • The DR System is implemented to strengthen the disciplinary authority of chiefs of offices and subordinate units.
  • The DR System provides more expeditious corrective measures for PNP personnel who commit light offenses, minor infractions, and breaches of discipline.
  • The DR System aims to improve overall discipline within the PNP without resorting to the long and tedious process of summary proceedings.
  • The DR System is designed to allow immediate or on-the-spot corrections of misdemeanors or minor infractions.
  • The supplemental guidelines are intended to ensure uniformity in implementation at National Headquarters (NHQ), Police Regional Offices (PROs), National Support Units (NSUs), and down to the lowest level of offices/units.

Key definitions used

  • An IP card is an Individual Performance Card showing the individual’s name, position/designation, badge number for uniformed personnel (UP) or plantilla (item number) for Non-Uniformed Personnel (NUP), and the individual’s specific duties and responsibilities with the accompanying enabling actions.
  • Loafing means an act of loitering or lazing around to pass time, or standing about idly.
  • Senior PCOs are PCOs with at least one rank higher than the alleged offender.
  • Visible tattoos are tattoos not completely covered by authorized PNP athletic t-shirt, shorts, and GOA/uniform.

Coverage, covered offenses, and demits

  • The DR System covers PNP personnel including both uniformed personnel (UP) and non-uniformed personnel (NUP).
  • The DR System is a modified delinquency mechanism intended for minor infractions requiring rapid disciplinary action.
  • Covered infractions are organized by the maximum number of Demerits that may be imposed, subject to the discretion of the Chief of Office.
  • Each covered offense is tied to Demerits, and Demerits are later converted into task-based sanctions.

Maximum of three Demerits

  • Infractions incurring a maximum of three Demerits each include:
    • Violation of a “Tamang Bihisa” by uniformed personnel such as:
      • Unauthorized or improper wearing of uniform insignias and accoutrements.
      • Unauthorized/Improper haircut.
      • Dirty shoes/Unauthorized Shoes.
      • Dirty uniform/Wearing of faded/tacked out athletic uniform/Wearing of colored rubber shoes.
      • Unshaved mustache/Improper Shaving.
      • Improper haircut/colored nail polish/long and dirty finger nails.
      • Not wearing hairnets during command activities.
      • No hanky/tickler/Miranda warning card (as required during inspection).
      • No IP Card.
    • For NUP, No IP Card, and Non-compliance with the approved and prescribed NUP uniform for Monday, Wednesday, and Friday.
    • For NUP, wearing prohibited attire when performing official functions in the workplace during Tuesday and Thursdays, including:
      • Gauzy, transparent or net-like shirt of blouse.
      • “Sando,” tank-tops, strapless or spaghetti-strap blouse (unless worn as undershirt) and blouse with over-plunging necklines.
      • Micro-mini skirt, walking shorts, cycling shorts, leggings, tights, jogging pants.
      • Rubber sandals, rubber slippers, abakyaa.
      • Maong/denim pants/skirts.
      • Highlighted hair, dangling earrings, flamboyant accessories, heavy make-ups.
      • Mustache and visible tattoos.

Maximum of five Demerits

  • Infractions incurring a maximum of five Demerits each include:
    • Tardiness in reporting for duty/office work.
    • Tardiness in reporting to command activities.
    • Smoking while on duty.
    • Violation of traffic, pedestrian, and parking regulations within the camp.
    • Violation during troop formation/parade, including:
      • Moving in ranks.
      • Speaking during formation.
      • Use of cellular phones during formation.
      • Walking or roaming around while program is ongoing.
      • Standing on one leg.

Maximum of seven Demerits

  • Infractions incurring a maximum of seven Demerits each include:
    • Use of vulgar or insulting languages or exhibit similar rudeness to the public.
    • Spitting or littering in public areas.

Maximum of ten Demerits

  • Infractions incurring a maximum of ten Demerits each include:
    • Urinating in places other than the designated areas (restroom, public urinating area).
    • Dozing on post.
    • Not observing courtesy to officers/senior officers inside and outside the office/not saluting senior PCOs.
    • Loafing.
    • Leaving post while on duty for more than five minutes (15 Demerits).
    • Absent in formation or command activities (20 Demerits).

Sanctions and demit-task conversion

  • Every demerit incurred is equivalent to half an hour of any of the following tasks.
  • The available tasks include:
    • Lead the “Pulisteniksa/Act as demonstrator”.
    • Undergo supervised combat sports training, refresher courses on arrest procedures, investigations, and other basic police knowledge and skills.
    • Give lecture during PICE on the assigned topics for the week/month.
    • Attend lectures/seminars on POP, Disciplinary Mechanism, and other subject matters.
    • Perform extra office works or overtime duties during weekends/holidays.
    • Two months revocation of privilege to file leave, except sick leave, maternal leave, and paternity leave.
    • Other forms of appropriate sanctions not bordering on involuntary servitude, as required by the Chief of Office/Unit.
  • When Demerits fall within 1 a 20, the above task-based sanctions apply.
  • If the total Demerits exceed 20 demerits in a month or a single offense with more than 20 demerits, the matter proceeds to Pre-Charge Evaluation/Summary Hearing Proceedings.

DR issuance limitations and accountability

  • The DR System authorizes issuance with limits based on personnel type and hierarchy:
    • Uniformed Personnel cannot issue a DR to a Non-Uniformed Personnel, except if the Uniformed Personnel is a Division Chief/Section Chief/Immediate Supervisor of the NUP.
    • Non-Uniformed Personnel can only issue a DR to another Non-Uniformed Personnel of lower rank or grade.
    • Non-Uniformed Personnel cannot issue a DR to a PCO or PNCO, except if the NUP is a Division Chief/Section Chief/Immediate Supervisor of the uniformed personnel.
  • Personnel on detail to other offices or units are subject to DR either by their mother unit or by the Division/Section Chief or immediate supervisor in the unit they are detailed to.
  • If DR is issued by the latter while on detail, the DR shall be furnished to the offender’s mother unit for record keeping purposes after adjudication.
  • The DR penalty shall be treated as clearing the demerits:
    • Sanctions performed will operate to clear the demerit/s incurred.
  • Refusal to comply with sanctions triggers escalation:
    • Refusal to perform the sanction/s is tantamount to insubordination or refusal to follow lawful orders, and causes pre-charge evaluation of the offender.
  • Demerits are consolidated on a schedule:
    • Demerits incurred shall be consolidated on a monthly basis.
    • Those who incur more than 20 demerits (cumulative or for a single offense) are pre-charged and are no longer sanctioned for the same offense.

Implementation procedure and timelines

  • Reporting officers must accomplish the PNP DR in triplicate copies.
  • The three copies are distributed as follows:
    • The original (white) and duplicate (yellow) are forwarded to the Administrative/Personnel Officer or Chief Clerk/ESPO of the offender for proper disposition.
    • The triplicate (green) copy is kept by the Reporting Officer.
  • Upon receipt of the DR, alleged offenders must explain in writing within 24 hours.
  • Failure to submit the written explanation within 24 hours constitutes a waiver of the right to be heard.
  • The Chief of Office/Unit may render a decision after the lapse of 24 hours, unless delay is justified.
  • The Chief of Office/Unit must render a decision within 24 hours upon receipt of the DR with the offender’s explanation.
  • The Chief of Office/Unit may summon or request the Reporting Officer and/or the person reported to expound their statements further if necessary, following the Flowchart (Annex “aAa”).
  • Decisions are appealable:
    • Offenders may appeal in writing within 48 hours upon receipt of the decision to the next higher Chief of Office/Unit.
    • The decision of the higher Chief of Office/Unit is final and immediately executory.
  • Role of administrative and personnel offices:
    • Administrative/Personnel Officers (Chief, RPHRDDs/ARMDs, et. al.), assisted by Chief Clerks/ESPOs, are the OPR in implementation of the DR System in their office/unit.
    • They must take immediate action on all DRs submitted and keep records of reports and sanctions incurred.
    • Records retention by copy:
      • The original (white) with the explanation is retained by the Administrative/Personnel Officer.
      • The duplicate (yellow) is kept by the offender.
      • The triplicate (green) is kept by the Reporting Officer.
  • Monthly consolidation of penalties:
    • Penalties/sanctions imposed by Chiefs of Offices/Units are consolidated each month and implemented on the first week of the succeeding month.

Coordination, reporting, supervision, and training

  • Administrative/Personnel Officers and Chief Clerks/ESPOs (or equivalent) must undergo a seminar for DR implementation.
  • DR forms (Annex “aBa”) are distributed as soon as printed.
  • Administrative/Personnel Officers must submit to the Directorate (Attn: DLOD) the list of their personnel with corresponding sanctions every fifth day of the following month for inclusion in the CMCS.
  • RCDS (PROs) and Chiefs of Staff of NSUs must supervise strict implementation of the DR System in their respective offices/units.
  • The disciplinary responsibility for a particular personnel remains with the Chief of Office/Unit, notwithstanding the OPR roles of administrative/personnel officers.

Scope of escalation threshold

  • A month’s accumulation exceeding 20 demerits triggers pre-charge evaluation/Summary Hearing Proceedings instead of continued DR sanctioning.
  • A single offense with more than 20 demerits also triggers Pre-Charge Evaluation/Summary Hearing Proceedings.
  • Refusal to perform imposed sanctions triggers pre-charge evaluation as an insubordination consequence.

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