December 18, 1989

ADMINISTRATIVE SUPERVISION OF COURTS ADMINISTRATIVE CIRCULAR

NO. 56-89

TO : The Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial

Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial
Courts and Shari'a District Courts and Shari'a Circuit Courts
     
SUBJECT : Letter-Directive of Major Gen. of the Armed Forces of the Philippines
(AFP), Ramon E. Montano, on Court Appearance of PC/INP Personnel 
 
Upon the request of Major Gen. Ramon E. Montano, AFP, we are
disseminating herewith for your information and guidance this letter-
directive on court appearance of the PC/INP.
December 18, 1989.

(SGD.) MARCELO B. FERNAN

Chief Justice

REPUBLIC OF THE PHILIPPINES

Department of National Defense
HEADQUARTERS PHILIPPINE CONSTABULARY/INTEGRATED
NATIONAL POLICE
Camp Crame, Quezon City
April 10, 1989
The Court Administrator
Supreme Court
Manila
Sir:
This has reference to PC/INP personnel who ignore, disobey and/or
refuse to appear in court as witnesses despite service of subpoena which
actuation in several cases resulted in the dismissal of the case to the prejudice
of the private complainants and/or the government. This Headquarters has
 received so many reports from courts and prosecutors of these actuations
prompting us to promulgate a letter directive which will serve as a remedial
measure to curb this inefficiency on the part of our law enforcers. This
Headquarters strongly feels that our personnel must wholeheartedly cooperate
with the courts/prosecutors because the tasks of the PC/INP is interrelated with
that of the courts and other civil judicial authorities.
In this connection, we respectfully request your Honorable Office that
copies of our letter directive which is hereto attached be disseminated to all the
Regional Trial Courts, Metropolitan and Municipal Trial Courts throughout the
country for their guidance and information.
It is hoped that with this letter directive the seeming inefficiency of our
personnel can be earnestly corrected and will further strengthen our
administration of justice. 
acd

Very truly yours,

(SGD.) RAMON E. MONTANO

Major General, AFP
Chief of Constabulary/Director General, INP

7 April 1989
SUBJECT : Court Appearance of PC/INP Personnel 
     
TO : All Commanders, PC/INP 
 
1. References:
a. Circular No. 33, GHQ, AFP, dated 29 June 1966;
b. AFP Regulations G 131-252;
c. Memorandum of MND to CSAFP re Court Duty of Military
Personnel, dated 11 March 1976; and
d. HPC/INP Letter Directive Subject: Court Appearance, dated 18
September 1979.
2. It has come to the attention of this Headquarters through reports from
courts and prosecutors that many PC/INP personnel ignore, disobey, and/or
refuse to appear in Court as prosecution witnesses or in hearing before
prosecutors despite service of subpoena which actuation almost always resulted
in the dismissal of cases to the prejudice of private complainants and the
government.
3. The Actuation of these PC/INP personnel necessarily downgrade the
image if not discredit the entire Philippine Constabulary/Integrated National
Police because appearances in criminal prosecution, as witnesses, is part of law
enforcement which is their primary task when they joined the organization.
Besides, courts/prosecutors are vital pillars of our criminal justice system and
such being the case, wholehearted cooperation should be extended to it
considering that the task of the PC/INP is interrelated with that of the courts and
other civil judicial authorities.
4. Henceforth, any PC/INP personnel found to have disobeyed and/or
refused court's/prosecutor's order to appear as prosecution witnesses without
justifiable reason shall be subjected to criminal and/or administrative
proceedings if evidence warrants. This Headquarters does not and will not
countenance such misdemeanors. On the contrary, we abhor these actuations.
5. Hereunder therefore, are the regulations which should be strictly
followed whenever the attendance/appearance of PC/INP personnel is required
by courts and/or prosecutors:
a. Subpoenas to PC/INP personnel who are witnesses in court
trials and prosecutor's hearings shall be served through their
respective Unit Commanders who will ensure their attendance and
who will coordinate with the courts and prosecutor's office
concerned in case of conflicting hearings. Failure of PC/INP
personnel to appear before the court and the prosecutor's hearing in
spite of proper service to them of subpoena shall be reported to the
Unit Commanders concerned for appropriate criminal and/or
administrative action against the erring personnel. When a PC/INP
personnel witness is made to file their undertaking for subsequent
hearing which are announced in open court or during prosecutor's
hearings, said PC/INP personnel witness shall inform their Unit
Commander. PC/INP personnel witness shall be advised to
coordinate with the prosecutors concerned to prevent waste of
valuable time in the court room.  cd

b. Whenever a subpoena for the appearance of the PC/INP

personnel as prosecution witness in a criminal case is received by a
unit, the Unit Commander or on case of his absence/unavailability,
the officer next in line Command and down the line until service is
affected shall immediately cause the personal service of the same to
the PC/INP personnel concerned. No subpoena shall be returned to
the issuing court or prosecutor's office, with information that the
same has been duly served, except upon unmistakable proof of
service thereof upon the personnel concerned.
c. When the subpoenaed PC/INP personnel is sick in hospital
or is suddenly ill and his Commanding Officer is of the opinion that
the state of health of the subpoenaed personnel is such that said
personnel may not be able to comply with the subpoena on the
scheduled date and time, said Commanding Officer shall notify the
authority issuing the subpoena by the fastest available means of
communication of such fact. Sickness is a circumstance or a legal
reason to justify postponement of hearing.
d. When the subpoenaed personnel is actually on operation in
the field and is expected that the operations will continue up to the
time of the scheduled hearing, steps should be taken to recall such
subpoenaed personnel therefrom in order to enable him to appear
as required except in time of war when his absence from station
would unduly prejudice the war effort if such personnel is a unit
leader (platoon leaders and up) actually or operating in a place which
is more than 50 kilometers from the place of trial. In this exceptive
circumstance the Unit Commander should immediately
communicate by the fastest available means preferably by wire, with
the authority where the case is pending.
e. PC/INP Commanders shall be equally responsible as the
subordinate whenever the latter is called upon for court duty in
whatever capacity.
f. Pending such court or prosecutor's appearance, the PC/INP
personnel concerned shall not be given a mission that will prevent
him from complying with such order; neither shall such personnel be
transferred to another unit until his court duty is completed.
g. Court duties shall take precedence over police duties except
in cases involving national security.
 h. All offices receiving copies of court or prosecutor's orders
calling for the appearance of military personnel shall treat such
communication under "rush" category.
i. PC/INP personnel who may be found disobeying these policy
instructions shall in appropriate cases be summarily discharged or
charged with disobedience, conduct unbecoming and/or prejudicial
to good order and discipline under AW 96, 97 and/or 105 of the
Articles of War whichever is appropriate in the case of PC personnel
and PD 971, as amended in the case of INP personnel. These punitive
measures shall be in addition to any punishment which the court
may impose upon the erring PC/INP personnel.
6. For immediate and strict observance/compliance by all concerned.

(SGD.) RAMON E. MONTANO

Major General, AFP
Chief of Constabulary/Director General, INP
Copy furnished:
The Court Administrator
Supreme Court
The Secretary of Justice

  (Letter-Directive of AFP Major Gen. Ramon E. Montano on Court Appearance of

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PC/INP Personnel , Administrative Supervision of Courts Administrative Circular

No. 56-89, [December 18, 1989])