Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION Makati city MEMORANDUM CIRCULAR NO. _ 2011-009 REVISED RULES GOVERNING THE INVESTIGATION AND ADJUDICATION OF BENEFIT CLAIMS OF UNIFORMED MEMBERS OF THE PHILIPPINE NATIONAL POLICE (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 RULEI TITLE AND CONSTRUCTION Section 1. Title of the Rules. — These Rules shall be known and cited as the “Revised Rules Governing the Investigation and Adjudication of Benefit Claims 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 It DEFINITION OF TERMS Section 14. Detinition 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 ©) 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Page 2 of 15 M.C. No. 2011-009 twenty one (21) years old, provided he is incapable of support for himself due to mental or physical defects ) 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, ) Hearing Officer/investigator - an officialipersonnel designated by the Commission to investigate applications for benefit claims, @) Injury - 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, 9) 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 10 be long, continued and of indefinite duration, provided, that irreparable loss of the power of speech, 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 permanent physical disability, In 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 injury or sickness of the uniformed PNP member i) Uniformed PNP Member - an officer or non-officer of the PNP appointed in accordance with RA No 6975, as amended RULE til GROUNDS FOR COMPENSABILITY Section 1. Grounds for Compensability. — (a) For the injury and the resulting disability or death to be compensable, the injury must be the result of an 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) If the death or injury is sustained elsewhere, the uniformed PNP member must have been executing a lawful 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 place 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 VII of this Rules. Otherwise, proof must be shown that the risk of contracting the disease is increased by the working conditions. Sec. 2. Notice - 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 retum to Office Injuries 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 Investigation 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, Section 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 In 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 Governing the Attrition system 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 DISABILITY (TPPD) retirement under oath to the Directorate for Personnel and Records Management (OPRM) thru the Pension Retirement and Benefits Administration Service (PRBS) for recording and appropriate action