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Republic of the Philippines

Department of the lnterior and Local Government


NATIONAL POLICE COMMISSION
Makati city

MEf,IORANDUM CIRCULAR NO. 2O1I_oO9

REVISED RULES GOVERNING THE INVESTIGATION


AND ADJUDICATION OF BENEFIT CLAIMS OF UNIFORMED
MEMBERS OF THE pHtt-tpptNE NATTONAL pOLtCE (pNp)

Pursuant to the provisions of R.A. No. 6975, as amended, the National Police
Commission hereby adopts and promulgates the following rules governing the
investigation and adjudication of benefit claims of uniformed PNP members

RI",'LE I

TITLE AND CONSTRUCTION

Secfibn 1. Titte of the Rules. * These Rules shall be known and cited as the
"Revr'sed Rules Goveming the lnvestigation and Adjudicatian of Benefit Ctaims of
Uniformed Members of the Philippine National Police (pNp)."

Sec. 2. Coverage. - These Rules shall apply to claims for death and
permanent total disability benefits of the uniformed members of the PNP.

All claims for temporary disability or sickness benefits of PNP uniformed


members shall be filed with the PNP and acted in accordance with its existing Rules
and Regulations relative thereto.

Sec. 3. Construction. - These Rules shall be liberally construed in order to


promote and attain the objectives of obtaining a just, reasonable and speedy
investigation and adjudication of benefit claim.

RULE II

DEFINITION OF TERMS

Secfion 1. Definition of Terms. - For purposes of these Rules, the following


terms shall mean:
a) Commission - refers to the National Police Commission created under
R.A. No. 6975, as amended;

b) Death - the loss of life resulting from injury or sickness;

c) Dependent Children * any legitimate or legally adopted child of the


deceased uniformed PNP member who is not gainfully employed and not
over twenty one (21) years of age at the time of latter's death, or over
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M.C. No. z(Ll 1_-0O9

twenty one (21) years old, provided he is incapable of support for himself
due to mental or physical defects.

d) Disability - any loss or impairment of the normal functions of the physical


or mental faculties of a uniformed PNP member which reduces or
eliminates his capability to continue with his present employment;

e) Hearing Officer/lnvestigator - an official/personnel designated by the


Commission to investigate applications for benefit claims,

e) lnjury - any harmful change in the human organism arising from any
incident sustained at work, while at the work place, or elsewhere
executing an order from the PNP, or sustained by reason of the
performance of duty;

f) Medical Officer - refers to the Commission's Medical Officer, Legal Affairs


Service;

g) Total Permanent Physical Disability - any impairment of the mind or body


which renders the disabled uniformed PNP member incapable of
performing substantially the duties of a police officer and which is
expected to be long, continued and of indefinite duration, provided, that
irreparable loss of the power of speecfr, or sense of hearing, or loss of
one or both hands or feet, or loss of one eye or both eyes, or loss of limbs,
or brain injury resulting in incurable imbecility or insanity shall be
considered total pormanent physical disability.

ln all cases, the disability shall be deemed permanent if it has


persisted for a period exceeding six (6) months, without fixed healing
period and renders the uniformed PNP member incapable of performing
the duties and functions; Provided further, that in case the disability is
found to be permanent beyond doubt upon medical examination of said
member, the waiting period of six (6) months shall no longer be applied.

h) Sickness - an illness accepted as an occupational disease, or any illness


caused or aggravated by employment, subject to proof that the risk of
contracting the same is increased by working conditions;

i) Supplies - consists of medicines and other medical or surgical items used


relative to the medication or treatment of the lnjury or sickness of the
uniformed PNP member

j) Uniformed PNP Member - an officer or non-officer of the PNP appointed


in accordance with R.A No. 6975, as amended.

RULE III

GROUNDS FOR COMPENSABILIW

Secfrbn 1. Grounds for Compensability. - (a) For the injury and the resulting
or death to be compensable, the injury must be the result of an
disability
employment accident satisfying any of the following conditions:
1) The PNP member must have been injured at the place where his work
requires him to be and must have been performing his official functions;

2) lf the death or injury is sustained elsewhere, the uniformed pNp member


must have been executing a laMul order from his Chief of Police or from
his supervisor, as the case maybe;

3) The death or injury is sustained by reason of the performance of official


duty; or

4) When a PNP member is accidentally injured at a point reasonably


proximate to the plac,e of work, while he is going to and coming from his
work.

(b) For the sickness and the resulting disability or death to be compensable,
the sickness must be the result of an occupational disease listed in Rule Vll of this
Rules. Otherwise, proof must be shown that the risk of contracting the disease is
increased by the working conditions.

Sec. 2. Nofibe - The uniformed PNP member or his authorized representative


shall notify his Chief of Police or immediate supervisor during the period that he is
absent due to sickness or injuries. He shall however file an application for leave of
absence immediately upon his return to Office.

lnjuries or death involving a PNP member shall be reported to his police office
or unit assignment within twenty four (24) hours from its occurrence and an
investigation relative thereto shall be immediately conducted.

The concerned police station or office shall submit to the Commission or


NAPOLCOM Regional Office a copy of the lnvestigation Report within thirty (30)
days from the occurrence of the injuries or death.

RULE IV
INVESTIGATION AND ADJUDICATION OF APPLICATION
FOR TOTAL PERMANENT PHYSICAL DISABILITY BENEFITS

Seclion 1. Who may File Claim for Disability. - An application for Total
Permanent Physical Disability (TPPD) may be filed by the uniformed PNP member
himself or in case of incapacity, his duly authorized representative.

tn case a uniformed PNP member who has been found to be disabled refuses
to apply for total permanent physical disability retirement, he/she shall be separated
or attrited pursuant to the provision of Section 29 of R.A. No. 8551 as implemented
by Memorandum Circular No. 2008-005 "Prescribing Policies, Procedures and
Guidelines Goveming the Attrition sysfem for Uniformed Personnel of the PNP" .

Sec. 2. Where to file Claim. - (a) All uniformed PNP members assigned with
the National Headquarters, National Support Units (NSUs) and other PNP Special
Units shall submit their individual APPLICATION LETTER FOR TOTAL
PERMANENT PHYSICAL DlSABlLlry OPPD) retirement under oath to the
Directorate for Personnel and Records Management (DPRM) thru the Pension
Retirement and Benefits Administration Service (PRBS) for recording and
appropriate action.
UU9

(b) All other PNP members assigned with the Police Regional Offices shall
submit their individual APPLICATION LETTER FOR TPPD to the Regionat
Personnel and Human Resource Development Divisions (RPHRDD).

Sec. 3. Endorsement of Application to the Health Service. - The concerned


Regional Personnel and Human Resource Development Division (RPHRDD) shall
within fifieen (15) days from receipt of the application for TPPD endorse the same to
the Regional Health Service for the mnduct of initial medical screening.

After the initial medical screening, the Regional Health Service shall submit its
medical report to the Chief, RPHRDD who shall in turn endorse the application for
TPPD together with the said report to the DPRM.

All applications of PNP members for TPPD endorsed/submitted to the DPRM


shall be referred to the Health Service for final medical screening.

Sec. 4. Conduct of Medical Screening. - The Director of the Health Service


thru the Chief, PNP General Hospital shall assign a physician who specializes in the
field of medical expertise involving the case of each applicant for TPPD to conduct
the medical examination.

Such medical examination shall be conducted in the Regional Health


Service Unit where the applicanUclaimant is assigned if it is physically difficult for
him or it will seriously affect his health condition to report to the PNP General
Hospital for examination.

All results of medical findings in each case are submitted to the Director of the
Health Service. Cases where the applicants are categorized as P4 shall be
indorsed by the Director of Health Service to the Medical Screening Committee for
Physical or Mental lncapacity (MSCPMI) for final medical screening.

MSCPMI conducts final medical screening and submits result of deliberations


to the Director of the Health service who shall re-endorse each case back to DPRM
thru PRBS

Soc.S. Deliberation of the Application by the Total Permanent Physical


Disability (TPPD) Board. - Upon receipt of the endorsement from the Director of the
Health Service of the result of the final medical screening, the TPPD Board shall
convene and deliberate all cases categorized as P4 and recommend thru resolution
to the DPRM.

Sec. 6. Endorsement of the Recommendation for TPPD Retirement to the


Commission. - All cases confirmed and recommended for TPPD retirement shall be
endorsed by the PNP to the Commission thru the Legal Affairs Service (LAS) for
evaluation.

Sec. 7. Evaluation and Examination of the Application by the NAPOLCOM


Medical Officer. - The NAPOLCOM Medical Officer shall evaluate the application
and the recommendation of the PNP for the TPPD retirement of a PNP member.

ln the evaluation of the application, the Medical Officer may require


submission of additional clinical or medical records, personally examine the claimant
PNP member or require him to undergo laboratory tests.
M.C. No. 2rtlt-OO9

Thereafter, the Medical Officer shall submit his recommendation to the


Director, Legal Affairs Service who shall forward the complete records of the
application for TPPD to the Regional Director of the NAPOLCOM Regional Office
that has administrative jurisdiction over the police unit of the claimant for
Adjudication.

Secfion 8. Suppofting Documenfs fo an Application for Total Permanent


Physical Disability. - Before or during the hearing of the application, the claimant
PNP member or his representative shall submit the following documents:

a) Service record duly issued or authenticated by the PNP Directorate for


Personnel and Records Management (DPRM);

b) Certified copy of latest appointment;

c) Clearance from money and property accountability;

d) Certification of non pending case from the Office of the Ombudsman,


NAPOLCOM, PNP, lAS, and People's Law Enforcement Board (PLEB);

e) Detailed lnvestigation Report of the Chief of Police or immediate superior


or supervisor, as to the cause and extent of disability;

0 Certificate from the Chief of Police or Personnel Officer, as the case may
be, indicating the restorable deducted leave credits for absences incurred
by reason of the injury sustained or sickness contracted which the subject
of the claim;

g) Official receipts duly registered with the Bureau of lnternal Revenue for
reasonable medical and hospitalization expenses, necessary
transportation and subsistence incurred on account of service-connected
disability; Purchase of medicines in excess of Php 50.00 shall be
evidenced by doctor's prescription.

Sec.9. lnvestigation and Adjudication of the Ctaim. - (a) Within five (5) days
from receipt of the complete records of the application, the Hearing Officer
designated by the NAPOLCOM Regional Director shall set the hearing of the claim
and shall notify the claimant/s, heirs and other persons whose presence in the
investigation is necessary. ln no case shall the hearing of the claim be conducted
beyond fifteen (15) days from the date of receipt of the records from the Legal Affairs
Service.

(b) Should serious question on the compensability of a claim arise, the


NAPOLCOM Regional Director shall direct the Technical Service Division to conduct
the necessary inquiry, who shall forthwith submit the corresponding Report. Said
Report shall be attached in the records of the claim and considered by the Hearing
Officer in his Report of lnvestigation.

(c)
Within fifteen (15) days from the termination of the investigation, the
Hearing Officer/lnvestigator shall submit his Report lnvestigation together with the
complete records of the claim to the Regional Director for adjudication.

(d) The Regional Director shall adjudicate the claim within fifteen (15) days
from receipt of the Report of lnvestigation.

(e) The claimant shall be immediately furnished a copy of the adjudication


.

M.C. No. 2O I 1-OO9

RULE V
INVESTIGATION AND ADJUDICATION OF CLAIM FOR DEATH
BENEFITS

Secfrbn 1. Who may Fite Ctaim/Apptication for Death Beneffs.- A claim for
death benefits may only be filed by the following in the order of precedence:

a) Surviving spouse;

b) Surviving dependent legitimate children;

c) Non-dependent legitimate and illegitimate children;

d) Surviving parents;

e) Surviving brothers and sisters.

Sec. 2. Where to File Claim - An application letter under oath for death
benefits shall be filed with the Officc of the NAPOLCOM Provincial Officer of the
province or city where the PNP member is stationed or in the Regional Office of the
Commission having administrative jurisdiction of the unit assignment of the deceased
PNP member.

Sec. 3. Supporting Documenfs fo a Claim for Death Benefits. - A claim for


death benefits shall be in writing and under oath, filed in triplicate copies and
indicating briefly the identity of the deceased PNP member, the date and cause of his
death.

The claim must be supported by the following:

a) Service record issued or duly authenticated by the PNP Directorate for


Personnel and Records Management (DpRM);

b) Certified copy of latest appointment;

c) Death certificate issued by the Nationat statistics office;

d) Detailed lnvestigation Report of the chief of police or immediate superior


or supervisor, as to the circumstances or cause of death;

e) Clearance from money and property accountability;

0 Marriage contract of surviving spouse with the deceased and birth


certificates of surviving children, if any, issued by the National Statistics
Office;

g) Certificate of No Marriage (CENOMAR) issued by the National Statistics


Office (NSO);

h) Official receipts duly registered with the Bureau of lnternal Revenue


for reasonable medical and hospitalization expenses, necessary
transportation and subsistence incurred on account of service-connected
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M.C. No. _-tfJ_OOg

disability; Purchase of medicines in excess of Php 50"00 shall be


evidenced by doctor's prescription;

Certificate from the Chief of police or Personnel Officer, as the case may
be, indicating the restorable deducted leave credits for absences incurred
by reason of the injury sustained or sickness which caused the death of
the PNP member and the subject of the claim.

j) Proofs of surviving legal heirs if claimant is other than the surviving


spouse or child.

k) lf the claim is filed by a parent or by a brother or sister, proof must be


submitted indicating that the deceased died single wrthout any surviving
child/chrldren

Sec. 4. lnvestigation and Adjudication of the Claim/Application. - (a) Within


five (5) days from receipt of the of the application, the NAPOLCOM Hearing Officer
designated by the Regional Director shall set the hearing of the claim and shall
notify the claimant/s, heirs and other persons whose presence in the investigation is
necessary. ln no case the hearing of the claim be conducted beyond fifteen (15)
days from the date of receipt of the application.

(b)Should serious question on the compensability of a claim arise, the


NAPOLCOM Regional Director shall direct the Technical Service Division to conduct
the necessary inquiry, who shall forthwith submit the corresponding Report. Said
Report shall be attached in the records of the claim and considered by the Hearing
Officer in his Report of lnvestigation.

(c) Withinfifteen (15) days from the termination of the investigation, the
Hearing Officer/lnvestigator shall submit his Report of lnvestigation together with the
complete records of the claim to the Regional Director for adjudication

(d) The Regional Director shall adjudicate the claim within fifteen (15) days
from receipt of the Report of lnvestigation.

(e) The claimant shall be immediately furnished a copy of the


adjudication

RULE VI
BENEFITS AND BENEFICIARIES

Secfrbn 1. Death Benefits of PNP Beneficiaries" - The following shall be


awarded to the beneficiaries of a deceased PNP member:

A. Surviving spouse or, if there be none, the surviving dependent legitimate


or legally adopted children.

1) Gratuity equivalent to the deceased PNP member one year basic salary;

2) Burial expenses equivalent to three (3) month's basic salary of the


deceased;
*J.a.-',#a-!irisE!3!E+1'f.t ttr tt*-

3) Monthly pension equivalent to eighty (80) percent of the deceased's basic


salary for a period of five (5) years from the date of death;

4) Reimbursement of reasonable expenses for medicines, medical


attendance, hospital fees, necessary transportation and subsistence; and

5) Restoration of deducted leave credits for absences incurred by reason of


sickness or injury which caused his death and the subject of the claim.

B. ln the absence of the surviving spouse and dependent legitimate children,


the non-dependent legitimate children together with illegitimate children, if any, or if
there be none, the surviving parents or in their absence, surviving brothers and
sisters of the deceased PNP member shall be entitled to the following death
benefits:

1) Gratuity equivalent to the deceased PNP member one (1) year basic
salary;

2) Burial expenses equivalent to three (3) month's basic salary of the


deceased;

3) Reimbursement of reasonable expenses for medicines, medical


attendance, hospital fees, necessary transportation and subsistence; and

4) Restoration of deducted leave credits for absences incurred by reason of


sickness or injury which caused his death and the subject of the claim.

Sec. 2. Total Permanent Physical Disability. - The following total permanent


physical disability benefits shall be awarded to a PNP member who incurred such
disability in line of duty or service-connected sickness or injury:

1) Gratuity equivalent to the claimant's one (1) year basic salary;

Z) Lifetime monthly pension equivalent to eighty (80) percent of the


claimant's basic salary;

3) Reimbursement of reasonable expenses for medicines, medical


attendance, hospital fees, necessary transportation and subsistence; and

4) Restoration of deducted leave credits'

Sec. 3 .Effectivity Date af Retirement of lJniformed PNP Members Based on


Totat permanent physical Disabitity. - The retirement of a PNP member by reason
of total permanent physical disability takes effect only upon approval of the
adjudication by the concerned NAPOLCOM Regional Director.

lf a uniformbd PNP member has been compulsorily retired pursuant to


Section 3g of R.A. No. 6975, as amended, prior to the approval of his claim by the
Commission for total permanent physical disability benefits, it having been
established that he incurred such disability before his compulsory retirement, the
effectivity of payment of pension by the Commission shall likewise commence upon
the approval of the adjudication-

ln no case shall a uniformed PNP member be allowed to file both optional


retirement and an application for total permanent physical disability.
.-

M.C. No. 2OLL-OO9

Prior to the approval of the application by the Commission, the uniformed


PNP member shall continue to report for duty and render police service and receive
his salary as such, unless he is physically incapable of performing his duties or he
has already reached his compulsory retirement in which case he shall automatically
cease to report for duty and to receive salary.

Soc. 4. Beneficiaries in Death Claims. - (a) The following are the only
beneficiaries in the order of precedence:

1) Surviving spouse;

2) Surviving dependent legitimate children;

3) Non-dependent legitimate children and illegitimate children;

4) Surviving parents;

5) Surviving brothers and sisters;

b) lf a deceased PNP nnember during his lifetime contracted a second


marriage after the death of his first spouse, the surviving legitimate children of the
first marriage, if any, shall be entitled to a proportionate share of the benefits
applying suppletorily the provision of Article 888 of the New Civil Code which states
that "fhe legitime of the legitimata children and descendants consisfs of one- hatf of
the hereditary - of the father and of the mother. The latter may freely dr'spose of the
remaining - share subject to the rights of illegitimate children and of the suruiving
spouse as herein provided."

The dependent legitimate children of the first marriage shall, in support of


their claim, submit proof evidencing filial relationship with the deceased uniformed
PNP member.

c) lf the deceased Uniformed PNP member is a Mohammedan, the award of


compensation benefits to the beneficiaries shall be made in accordance with the
provision of P.D. 1083 (code of Muslim Personal Law of the Philippines).

Sec. 5. Survivorship Benefits. - When a uniformed PNP member who has


been retired under total permanent physical disability under R.A. No. 6g75, as
amended, dies within five (5) years from the date of his retirement, his surviving
spouse or, if there be none, his surviving dependent legitimate children shall be
entitled to the pension for the remainder of the five -year guaranteed period.

Lrsr oF coMpENsABLE J::t"J1,",=o"= LEADTNc ro rHE


DEATH OR TOTAL PERMANENT PHYSICAL DISABILIW

Secfion 1. Categories of Cornpensabte lttness. - Compensable illness may be


either:
a) Those listed as occupational disease; or
b) Those not listed as occupational disease but the risk of contracting the
same is proven to have increased by the working conditions.
FdgrgrvvruS@4
M.C. No. -?Oj-t-OOg

The following are classified as occupational diseases:


1) Skin cancer

2) Cataract leading to blindness


3) Rabies
4) Tuberculosis and its complications
5) Poisoning
a) Carbon dioxide poisoning
b) Carbon monoxide poisoning
c) Lead poisoning
d) Food porsonrng

6) Diseases caused by abnormalities in temperature and humidity;

a) Heart stroke
b) Frostbite/Freezing

7) Cerebrovascular accidents - as long as it is not due and/or aggravated by


chronic alcoholism and/or cigarette smoking

a) CVA embolism
b) CVA thrombosrs
c) CVA thrombo-embolism
d) CVA hemorrhage
8) Parasitism- Compensability should be based on the principle of.
a) Greater risk of acquiring the disease in the place of work than in the
piace of usual residence.

b) Disease was acquired in endemic areas (i e , areas where said


drsease rs prevalent)

9) Cardiovascular diseases.
a) Acute myocardial infarction
b) Congestive heart failure class lV-E
1O) Pneumonra
Vrral pneutnonta
Bacterral pneumonta

1 1)
Peptic ulcer diseases - as long as it is not due to chronic alcoholism
12) Atl forms of Psychoses/Schizophrenic disorders
13) Physical traumas resultrng rn.

a) Death
b) Loss of lrmbr/s or its function
c) Blindness
d) Deafness

14) Diarrhea and its complications


15) Cancer of the brain
16) Diabetes and its complications

The following ailments are nol occupational diseases and subject to proof
that the risk of contracting the same are increased by the working conditions:

1. Viral hepatitis
2. Cancer of the liver
3. Cancer of the lungs
4. Cancer of the pancreas
5. Cancer of the stomach and intestine
6. Liver cirrhosis and its complications

RULE VIII
SCOPE OF MEDICAL ATTENDANCE AND
HOSPITALIZATION BEN EFITS

Section 1. Scope of Service. - Medical and hospitalization benefits shall


embrace the following:

a) Medical

1) Professronal attendance and treatment


2) Consultative professional Fees (Medical)

b) Surgrcal

1) surgical operation or intervention, after -care and follow-up


2) Consultative Professional Fees (Surgical)
c) Hospital

1) Accommodation
2) Ambulance and operating room services
3) Clinical laboratory services
4) Diagnostic services/procedure as may be necessary to diagnose or
effect a cure

d) Supplies
1) Drugs, medication or medical supplies
2) Any other goods or supplies prescribed for medical diagnose, care or
treatment
M.C. No.
-Ze++-Oag

RULE IX
RULES ON THE PAYMENT AND/OR REIMBURSEMENT
OF REASONABLE MEDICAL EXPENSES

Secflon 1. Prior Examination and Evaluation by the PNP Physician or


NAPOLCOM Medical Officer. - Except in emergency cases, PNP members who
want to be hospitalized must consult the PNP physician or the NAPOLCOM Medical
Officer for examination and evaluation of the sickness or injury, who shall then issue
the necessary referrals.

Sec 2. Hospital Room Rafe - Hospital room rate shall not exceed Php
1,500.00 per day except in the followtng cases:

a) When the condition of the patient needs to be confined in the lntensive


Care Unit (lCU) or in specialized untt;

b) When special equipment is installed or used for the patient's survival;

c) ln case of emergency when the patient needs to be brought to a nearest


hospital, the cheapest room available must be chosen. As soon as the
patient's condition improves or when the emergency ceases, the patient
must be transferred to a room with a rate of not more than Php 1,500.00
per day. Othenvise, the excess shall be borne by the patient.

d) Any other cases analogous to the foregoing, upon evaluation and


recommendation by the PNP physician or NAPOLCOM Medical Officer.

Professional and hospital expenses shall be evaluated by the


NAPOLCOM Medical Officer pnor to its approval by the Commission.

Sec. 3. Medicines. - Payment for necessary medicines, drugs, and other


medical preparation duly prescribed by a physician whether purchased from a
reputable drug store or supplied by the attending physician or the hospital where the
patient is confined shall be allowed, provided that the same shall not be more than
the "retail price" prevailing in the local drug stores, Provided further, that request for
payment must be properly supported by official receipts registered with the Bureau
of lnternal Revenue, and with corresponding doctor's prescription duly validated by
the NAPOLCOM Medical Officer. ln case of purchase of medicines, the same shall
be evaluated by the NAPOLCOM Medical Officer.

Sec. 4 Ltmitation on Retmbursement of Expenses. - The Commission shall


reimburse to a PNP member who suffered injury or contracts sickness in line of duty
all the expenses for the necessary medical, surgical and hospital services, as the
nature, seriousness,'difficulty and complication of the injury or sickness may require.

The Commission shall pay only reasonable, necessary and relevant services.
Therefore, except in emergency cases, a PNP member may undergo laboratory
work-ups and such other prescription procedures only after he/she has been
examined by the PNP physician or NAPOLCOM Medical Officer who shall then
issue the necessary referrals.

Sec. 5. Effect of Disapproval or Denial of the Claim - The denial of the


application for total permanent physical disability or death benefit shall be deemed to
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M.C. No. ___-2eJ.J-OO9

include the claim for reimbursement of medical and/or hospitalization expenses


incurred by the PNP member.

Sec. 6 Medical Re-examination - The NAPOLCOM


Medical Officer may
require the PNP member to undergo medical reexamination to determine whether or
not he/she has fully recovered from a particular ailment.

RULE X

GROUNDS FOR DENIAL OF THE CLAIM AND LIABILITY


OF CLAIMANTS OR THEIR REPRESENTATIVE

Secfrbn 1. Grounds for the Denial of the Claim. - No claim shall be approved
or compensation allowed to a uniformed PNP member or his beneficiaries when the
injury or sickness and the resulting disability or death !s occasioned by any of the
following.

a) By intoxication or drunkenness or vicious immoral habits, or


unauthorrzed or illegal use of regulated or prohibited drugs;

b) By willful intention to inlure or kill oneself;

c) By notorrous or gross negligence;

d) By unlaMul aggression or provocation on the part of the claimant or


deceased PNP member.

An application for total permanent physical disability or death benefit claims


shall likewise be denied if it does not satisfy any of the conditions provided in
Sections 1 and 2, Rule lll of this Resolution.

2. Administrative Liability - Any claimant uniformed PNP member or his


Sec.
representative who, for the purpose of securing entitlement to any benefit or
payment under these rules, commits fraud, collusion, falsification or
misrepresentation of facts or any other kind of anomaly, shall be subject to criminal
and administrative action the Commission may deem appropriate and the evidence
warrants.

RULE XI

APPEALS

Secfion 1 Appeals. - Wrthin fifteen (15) days from receipt of a copy of the
resolution denying a clatm, the claimant may file an appeal to the Regional Appellate
Board (RAB) by filing a Notice of appeal with the Office of the Regionbl Director.

The Regional Director shall transmit the complete records of the claim to the
Regional Appellate Board (RAB) within five (5) days from receipt of the Notice of
Appeal

The decision of the RAB affirming the resolution of the Regional Director shall
be final and executory
Sec. 2. Automatic Review. - Decision of the RAB reversing the resolution of
the Regional Director denying the claim for benefits shall be subject to automatic
review by the Commission En Banc. The RAB Chairman shall forward the entire
records of the claim to the Commission thru the Chief, Legal Affairs Service within
five (5) days from the release of its decision.

The decision of the Commission En Banc shall be final and executory.

RULE XII

MISCELLANEOUS PROVISIONS

Secfion 1. Prescriptivo Period. - No application for total permanent physical


disability by a uniformed PNP member shall be filed within one (1) year before his
compulsory retirement except when the disability was only sustained or suffered
within the said period. A claim for death benefits shall not prescribe"

Sec. 2. - Effects of Pending Administrative or Criminal Case. - The release of


the benefits of the claimant shall be subject to the outcome or resolution of the
pending administrative or criminal case against him/her.

Sec. 4.. Transfer of Venue. - As a matter of policy, request for change or


transfer of venue of investigation of a claim for benefits is not allowed. However, the
Vice Chairperson and Executive Officer or the Regional Director who has jurisdiction
over the pending claim may allow the same under of the following circumstances:

a) The claimant has transferred his residence to another place outside the
jurisdiction of the hearing officer or the regional office;

b) The PNP member who filed an application for disability is reassigned to


another police station or unit and it is physically inconvenient or will cause
serious detriment to himself to attend the investigation;

c) Other cogent reasons the Vice-Chairperson and Executive officer or the


Regional Director may consider appropriate.

Request for transfer of venue outside the jurisdiction of the NApOLOCM


Regional Office shall be indorsed to the Office of the Vice-Chairperson and
Executive Officer through the Legal Affairs Service.

Sec- 5- Authority to Administer Oath. - The Hearing Officers/lnvestigators


shall have the authbrity to administer oath in connection with investigation and
adjudication of death and total permanent physical disability claims.

Sec. 6. Authority fo /ssue Subpoena. - ln order to effectively carry out the


mandate, the Hearing Officers/lnvestigators may request the Regional Director or
the Assistant Regional Director to issue subpoena ad testificandurir or duces tecum
in connection with the investigation and adjudication of claims for death and total
permanent physical disability.
f.t&drii&i$F,i,Xs$*di*el {.,::llj11ji'},,:,iili|{}j&i'n]h:|1iil:}rif..j.*}t/19li*?riw.*,js$&s.{4!Alt,'$%
M.C. No. _ZOf.1--009

Sec. 7. Payment of Claims - All claims for benefits shall be paid by the
Regional Offices that issued the adjudications.

However, when there is insufficiency of funds to pay the whole or part of the
benefits, a copy of the adjudication together with such documents supporting the
approval of the claim shall be fonvarded to the Central Office of the Commission for
payment, including the monthly pension, if any.

Sec. 8. Repealing Clause. - Memorandum Circular No. 2000-005, all rules


and regulations, orders, or circulars issued by the Commission, which are
inconsistent with the provisions of this Memorandum Circular, are hereby repealed,
amended or modified accordingly.

ADOPTED this .rrsr day of August, 2A11 at Makati city, Metro Manila,
Philippines.

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EDUARDO U. ESCUETA
Commissioner
Vice Chairman and Executive Officer

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LUlSrTg T. PALMERA
Cihissioner
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Commldsioner
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