Republte Ot the Philppnes NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE OFFICE OF THE CHIEF, PNP Camp Crame, Quezon Ciry PNP MEMORANDUM CIRCULAR 3.0 apa an No: 207-03 5 : PROCEDURE IN THE TERMINATION OF SERVICE OF POLICE TRAINEES IN TEMPORARY STATUS 1. REFERENCES: a. R.A No 6975 as amended by RA. No. 8557 and R.A No. /08: b. NAPOLGOM Memorandum ular No 2007-009 entitled “Preseribing the Procedures and Guidelines for the Recruitment, Selection and Appointment of PNP Uniformed Porsonnel and Termination of Service of Newly Appointed Police Officer 1 (P01) While Still in Temporary Status": and - NAPOLCOM Memorandum Circular No. 2016-00? eniitled “Revised Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police.” 2 RATIONALE: Its Momorandum Circular (MC) provides the clwar and simplified guidelines ‘and procedures in the termination of service of police trainees in temporary stalus. 4 PURPOSE: To simplify termination proceedings through the Termination Deliberation Board (TDB) which shall conduct a summary hearing properly observing due process and equal protoction of the law in accordance with this MC. 4, OBJECTIVES: @. To set a policy that will provide expeditious termination proceedings in ‘order ta cause the immediate cancellation of pay and allowances of Bolice trainees not meeling (tm requirements provided by law during the ened of their temporary appointment status, b. To create a Termination Deliberation Board (TDB) which will determines the eligibilily or ineligibility of the subject police trainee to continue his/her service in the PNP; To delineate the specific duties and responsibilities of the units involved in the termination proceeaings; and To fill in the vacancy ereated by the termination should the same occur within one month from the day of the oath taking of the newly recruited police trainees. ° a Page 1 of 9& DEFINITION OF TERMS: a. Dishonesty — the concealment or distortion of truth, which shows lack of integrity or a disposition to defraud, cheat, deceive or betray and an intent to violate the truth, . Disloyalty to the Government - consists of le abandonment er renunciation of one’s loyalty to the government of the Republic of the Philippines, or advocating the overthrow of the government. through overt ‘or covert acts. - Grave Misconduct = is any wrongful, improper or unlawful conduct serious in naluie, motivated by premeditated, obstinate or intentional purpose. It usually refers to transgression of some established and Gefinite rule of action, where no discretion is left except where necessity may demand; It does not necessarily imply corruption or criminal intention 1. Immorality - has been defined to include not only Sexual matters but also ‘conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, and dissuluteness; or is willful, flagrant or shameless conduct showing moral indifference to opinions of respectable members of the community, and an inconsiderate attitude toward good order and public welfare . Incompetence — is ignorance or the material lack of adequate ability and fitness for the satistactory performance of police duties. This refers to any physical, intellectual, psychological and moral quality, the lack of which substentielly incapacitates a person to perform the duties of a police Officer. Mental Incapacity — the inabilily of the police trainee to perform his/her duties and responsibilities due to his/her unfit mental coniition. Oppression = refers to an uct of cruelty, severity, unlawful exaction, domination. or excessive use of authiily The exercise of unlawful powers er other means, in depriving an individual of his/her property or liberty against his/her will, is generally an act of oppression. |. Physical Incapacity — the inability of the police trainee to continue the Field Training Program (FIP) or to perform his/her duties and responsibilities due to his/her unfit and/or limited physical capecity or capability as may be determined by the appropriate medical officer. it shall include the state of being pregnant which. by reason af the tisk or detrimental effects Involved to both the mother and the child she is bearing, prevents her from taking the Public Safety Basic Recruit Course (PSBRC} or FTP. Police Trainee — as used in this MC, is the police recruit with the rank of Police Officer 1 who was sppninted in temporary status pending compliance with the Field Training Program (FTP). Serious Dishonesty = an uffense under the Civil Service Commission (CSC) rules would involve the presence of any one uf the following altendant circumstances: 1) The dishonest act caused serious damage and grave prejudice to the government; Page2 of 9?) The respondent gravely abused his/her authority in order to commit tho dishonest act: 3) Where the respondent is an accountable officer, the dishonest act directly involves propeny. accountable forms or money for which helshe is directly accountable, and the respondent shows an intent to commit material gain, graft and corruption, 4) The dishonest act exhibits moral depravity on the part of the fespongent: 5) The responcient employed fraud or falsification of official documents in the commission ef the dishonest act related to his or her employment; 6) The dishonest act was committed several times or in various ocuasions; and 7) The dishonest act involves » Civil Service examination irregularity or lake Civil Service eligibility such as impersonation, cheating, and \se of crib sheets. k. Serious Irregularities in the Performance of Quties ~ is the improper Performance ot somo act serious in nature which might lawfully be done. |. Serious Neglect of Duty ~ is the serious omission or refusal, without suthiciont excuse. to perform an act or duty, which is the peace officer's egal obligation to pertorm; implies a duty as well as its breech and the fact can never be found in the absence of duty. m, Temporary Status - is an employment status of the police trainees within which conditions are imposed for their compliance such as the completion of the [TP and the expiration of the one-year period. Such status shall end atter the conditions imposed have been cnmplied with and an order changing such status to permanent has been issued n. Termination ~ is the final step in the progressive employee discipline process whore his or her employment with the employer is permanently severed, ©. Termination Authority - as used in this MC, the Chief of te PNP, the PNP Regional Directors, or the NSU Directors who acted as appointing autherily to the police trainee subject of the termination proceedings. P. Termination Proceeding - is a process wherein a police trainen is Subjected to an investigation and heanng to determine his/her fitness to remain in the PNP service. 6, CREATION OF THE TERMINATION DELIBERATION BOARD (TDB) A Termination Deliberation Board (TDB) shall be created to evaluate and fecommend to the termination authority the fitness to remain in the service of police lrainges who were Returned to Unit (K | U) for variqus reasons. a. Composition and Functions (PROs) | Pusitian | Composition | ~~ Function Chatman | ORDA "Aét as overall supervisor during deliberation Vice-Chair | RCDS ‘Aesist tho Chairman in the deliberation ns/orders in [Member —"RPHRDN | Cancellation of appoint \ coordination with CSC soeaaenasth Page 3. ot 9“Member | RID Validate information related to tie assailed I grounds fox termination Member [C,RFS Tlie the immediate candaliation of eolary and allowances in case of guilt of the: fespondent, | Member | Iniate the conduct of investigation relating 19 matters complained of | | Member Secretariat “Funetion | Chairman “Rel as overall supenvisir during deliberation Vice-Chair" CDS) [Assist the Chaiman in the deliberation — Member 7ARMD Cancellation of appointmensiarders in | coordination with CSC [Member IDV Valiate information related to the assailet | grounds tor termination | Member FMDVFLO | iniligte the immediate cancellation of salary and | allowances in cage ot quit af the respondent | Iritiate the conduet of investigation relating fo matters complained ot ‘Member 1 SLO Provide legal assistance during deliberation | [SecretaratC, DIOS inate fing of admin and cnminal agians Member 7. GUIDELINES: Consistent with existing faws, rules and regulations. the following policies Shall be strictly observed in corducting termination proceedings of police trainer @ All newly recruited police trainees shall be appuinted in temporary status for 12 months pending compliance with the Field Training Program (FTP) involving actual experience and assignment in patrol, traffic. and investigation. If after the 12 month periad, the FTP of the police trainee: conceited has net yet concluded due to a valid cause, his/her temporary Status shall be renewed for another 12 months for the purpose of completing the said FTP In General, \ermnination shail be in the nature of a summary administrative proceeding, ‘The termination of service shall be done with utmost objectivity and impartiality affording the police trainee concurned the right to due process and equal protection of the law, Grounds for Termination = the service of a Police trainec may be terminated at any time due te any or combination of the following grounds: 1) Commission of Crave Administrative Offense — the following are: the offenses of which the police trainees may be terminated from the police service, 8) Grave Misconduct, ©) Incompetence; Pare sof 9£) Dishonesty, d) Disloyalty to the government, 8) Seneus irregularities in the performance of duties; f) Serious Negiect of Duty: 9) Oppression: and h) immorality, lack of Aptitude in the Service - shall refer to the following circumstances: a) Academic deheiency arising trom failure to obtain a passing grade in the required basic training course in accordance with the established training rules and regulations; 'b) Senous wiolation of training rules and regulations involving non. academic matters; and ¢) Possessinn of such habits, traits, conduct or behavior which, when taken on their overall context, tends to manifest and display an undesirable disposition er attitude towards the law enforcement profession, Failure to complete the required FTP. PSBRC or FTX within the prescribed period of 12 months trom the time he/she was issued an appointment under temporary status due to any or combination of the following reasons: @. Unauthorized Absences or Non-appearance in the PSDRC or FTX: and b. Non-completion of the PSBRC or FTX due to physical andior mantal incapacity. 4) Failure to attain or satisfy the weight required within six montns from appointment if admitted due to waiver. . Procedure 1.) The termination proceedings against a police trainee may be initialed by any concerned individual, police officer or police oftice/unit based ‘on & sworn complaint or statement stating any ground for termination Set by this MC accompanied by documents or other evidence if there is any, in support thereof, The said complaint shall be filed with the concemed office tasked to handle administrative cases ot police trainees in the NPTURTSISTU Where the said police trainee is undergoing PSBRCir IP. immediately upon determination of probable cause, lw said office shall recommend to the Director of PNTURTSISTU the issuance of Retin to Unit (RTU) Order, The recommendation shall be accompanied by the documents and other evidence fram which the probable cause was based; If upon evaluation, the Director of PNTWRTSISTU finds provable cause, he shall issue a Return to Unit Order, Otherwise he shall dismiss the complaint. Such order shall be issued within two days from receipt of the recommendation, The case folder of the police trainee shall be forwarded tn the Termination Authority (Attn: RPHRDD/ARMD) of tho concerned unit accompanied by a cover letler pertaining to the trainee's inability to Page 5 of 9cumply with the requirements for the completion of the required PSBRGIFTP, 5.) Upon receipt ot the RTU Order and the case folder, RPHRODIARMD: shall issue orders reassigning tne concemed police trainee ia RPHAU oF its equivalent offic; 6) Within two days from receipt, the HRODS of RPHROD in PROs or its equivalent office in NSUs shall determine probable cause. If probable cause exists, a formal complaint shall be filed against the police trainee before the DLOS/DLOD; 7.) Immediately upon receipt, the DLOS/DLOD shall cause the activation of the TDB to conduct the termination proceeding. At the same time DLOS/DLOD shall turnish the police trainee of the formal complaint and {he latter shall answer the samo within three days from receipt thereof, attaching therewith the supporting documents or evidence in higher bohalt; 8.) If the respondent polive trainee fails to answer the sharge/s within the Prescribed period, the summary hearing of TDB shall immediately proceed ex parte: 9.) In the case of physical and/or mental incapacity, the 1DB shall order the conduct of medical/physicalineuru-psychiatric examination on the tespondent and the resultsifindings will be used 8 supporting documents ar evidence in the resolution of the case; 10.) Within the next three days after receipt of respondent's answer, the TDB shall bayin the termination hearing which shall be completed within five days from its corimencement. The police trance concerned Shail be notifiod and be allowed to appear on the hearing dates. 41.) Being summary in nature, direct examination of witnesses shall be Gispensed with and the swoi statements of their witnesses or affidavits shall take the place of their oral testimonies, Either party may ask clarificatory question which shall be limited to the sworn Statements and other dacuments on hand, Clarificatory questions must alco bo confined to material and relevant issues. Proionged aiguments and other dilatory proceedings shall not be entertained, Insofar as may be compatible with the ends of justice, clarificatory questioning shell be limited to nol more than 30 minutes tor cach witness, 12.) Upon completion of the hearing, the TOB has two days to submit a Resolution and draft decision recnminending to the Termination ‘Authority the proper course of action to be taken 13) The Termination Authority stall render the Decision within two days from receipt of the 1DB Resolution whether the police trainee concerned is fit to continue his/her service in the PNP. The decision shall contain the name of the respondent and hisvher unit assignment, @ brief statement of the material facts. the findings as established during the hearing, the applicable laws. rules and regulations, jurisprudence, and the disposition thereot: Page 6 of 914.) In cage the decision is favorable to the respondent police trainee, the Terminating Authority shall direct the issuance of orders to allow the Police trainéé to continue his/her training or te join the next batch depending on the circumstances In case of unfavorable decision, the Termination Authority shall direct the issuance of orders lerminaliny the service of the concemed police trainee. Orders issued shall be immediately executory: 18.) When an unfavorable decision is issued, criminal and/or civil actin may be instituted if warranted under the situation; 16) Ihe Terminating Authority may grant leave willwul pay and allowances for 9 period of not more than one year to new police trainees wht aie unable to complete the required PNP PSBRGIFIP if the same is caused by any of the following circumstances: 1) Pregnancy of a married female police trainee, 2) Major medical operations duc to training related activities: 3) Sericus injuries sustained during training related activitics, and 4) Serious injuries sustained during the FTP if such injuries were caused by accident or situations not attributable to the concerned police trainee, 14) Should the Terminating Authority grant leave without pay and allowances, the Chiet, RPHRDD or ARMD shail issue the appropriate: ‘oidets to Stop the payment of his/her pay and allowances. The police trainee shall be granted leave under this section only once and shail be allowed to join the next batch of trainees: 18.) A police Irainew who was granted leave without pay and allowances but still unable to join the next batch of trainees shall be ‘subjected to termination proceedings under this MC; 19.) The police trainee who was terminated may be re-employed back to the police service provided that the following canditiuns aie complied with: @) He shall apply in writing before the recruiting unit where his/her original quota belongs for re-employment; 'b) Shall pass the PAT. PPE, PMDE, and Druy Test to be conducted by the Health Service (RHSU) ¢) Shall join the PNP FTP of the new bateh of recruits; and 4) Shall shoulder the Initial Clothing Alluwance regardiess whether or not hefshe already received the same in the year he/she was terminated. 20.) The grant of leave provided for in this MG and the subsequent re- employment shall recult in a gap in the police service of the concerned police (rainwe Appeal Procedure 1.) Decisions of the Ternination Authorities may be appealed to the National Police Commission (NAPOLCOM) En Banc: by filing a Notice of Appeal before the Termination Authority. fumishing the NAPOLCOM with the copy thereot within ton days from receipt of the copy of the decisinn Page? of 92) Notice of Appeal and Memorandum On Appeal A Notice of Appeal shail be filed in three legible copies which shall contain the following: (a) The material dates showing that it was. filed on tite, (b) The assignment of the specitic errors of fact or law, or both, allegedly committed by the Termination Authority; and (c) the Specific appellate body to which the appeal is being taken. The appellant shall submit a Memorandum on Appeal in three legible copies not later than 18 days from the filing of the notice of appeal, copy tunished the Termination Authority Dismissal of the Appeal Failure of the appellant to comply with the requirements prowided in paragraphs f (1) and (2} shall be a sufficient ground for the dismissal af the appeal Transmittal ot the Records Within 15 days from receipt of the Notice of Appesl, the concerned Termination Aullority shall forward the complete onginal Fecords of the case to the NAPOLGOM en banc. It shall be systematically and chronologically arranged, paged. and rely bound Io prevent loss of any piece of document thereof. The transmittal of the record shall be a ministerial duty and failure to forward the same shall be @ ground for administrative action against the concerned official or personnel tor scrious neglect of duty. Reversal of the Decision In case of reversal of the decision of the Appointing Authority terminating the appellant from the police service, the Jattor shall be processed and allowed to join the next batch of recruits for purposes of taking and completing the FTP. Recruitment of Terminated PO1 Recruit Any newly appeinted PO1 who has been terminated for failure to completa the required FTP within the prescnbed peried of 12 months may be reappointed to the PNP provided he or she possesses all the minimum qualificstions required for reappointment. Provided further, that he/she should pass the required FIP. Provided furthermore. that the ground of his/her teriinalion is not one of the Grave Administrative Offenses mentioned in this MC. Proviried finally, that only those who have not yet availed of such reappointment shall be eligible. 8. PENALTY CLAUSE: Any violation of this MC shall be dealt with in accordance with existing disciplinary policies. The vivlator's direct supervisor or ticld commander shall be administratively charged under the doctrine of command responsibility, Page 8 of 99, RESCISSION: All existing PNP directives and athe: issuances which are contrary to or inconsistent with this MC are hereby rescinded or modified accordingly, 10. SEPARABILITY CLAUSE: Any partion of this MC inconsistent with the organic law or declared unconstitutional shall not affect the validity of other provisions. 44. EFFECTIVITY: This MC shall take effect after 15 days from filing a copy thereof at the UP aw Center in consonance with Sections 3 and 4, Chapter 2, Book Vil of Executive Order No 782 otherwise known as the “Revised Adiministrative Code of 1087" a8 amonded, RONALI ELA ROSA Palice Qireetgq General Chicf, PNP sa 2 2088078 ji Diatnbion: NIN Eh Gommand Giuup Seas re: Pst D.Stat PROs NSUs Page oul