Republic of the Philippines NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE INTERNAL AFFAIRS SERVICE Camp BGen Refael T Crame, Quezon City MEMORANDUM “BRCRIVER TO 1 See Distribution SMS CARIUL FROM Ic, 1s \ AOI e__ comice Nas SUBJECT : In the Matter of Administrative Proceedings and Reglementary Periods under NAPOLCOM Memorandum Circular No. 2016-002 DATE —:_ July 20, 2020 1, Pursuant to Republic Act No. 11332, section 7, the President declared a State of Public Health Emergency through Proclamation No. 922, s. 2020 after the Department of Health confirmed iocal transmissions of SARS-COV-2, the causal agent of COVID-19. Thus, the health alert level was elevated to Code Red Sublevel 2. 2. The President subsequently deciared the State of Calamity through Proclamation No. 929, s. 2020. Strict precautionary measures were observed, and stringent physical distancing measures were implemented due to the perilous uncertainty brought by the pandemic. 3. Accordingly, with the objective to empower the President in responding to the health crisis, Republic Act No. 11469 was passed into law. Under section 4(z) thereof, the President was authorized, among others, to — 2K “Move statutory deadlines and timelines for the filing and submission of any document, the payment of taxes, fees, and other charges required by law, and the grant of any benefit, in order to ease the burden on individuals under Community Quarantine.” 70K 4. The President, in the exercise of his statutory authority, issued on April 21, 2020, Administrative Order No. 30, s. 2020 directing all heads of departments, agencies, offices, and instrumentalities of the government to formulate and issue rules or guidelines on the matter of Republic Act No. 11469, section 4(z), 5. On May 4, 2020, the CPNP issued a memorandum with the subject “Suspension of Disciplinary and Non-Disciplinary Processes and Proceedings 7 @in the PNP during Enhanced Gormmunity Quarantine.” In the said memorandum, the following were ordered: a. Suspension of disciplinary and non-disciplinary processes and proceedings such as services and implementation of final Orders/Decisions/Resolutions; conduct of termination and attrition proceedings; and designation of summary hearing officers. b. Extension of 15 days for the submission of pleadings to be reckoned from May 15, 2020 or until the declaration of ECQ is lifted, whichever comes first Cases and complaints involving corruption, irregularity, and violations relative to the implementation of ECQ were excluded from the suspension and extension as above cited. 6. The CPNP through TDPRM lifted on June 1, 2020 the aforesaid suspension via @ memorandum dated June 2, 2020 with the subject: “Lifting of Suspension on Disciplinary and Non-Disciplinary Processes and Proceedings in the PNP.” 7. On June 22, 2020, the National Police Commission released, however, Memorandum Circular No. 2020-001 where under section 2 thereof, only the reglementary periods are deemed interrupted from March 17 to May 31, 2020. A portion of which reads — 200 “Said interruption shall not, however, be understood as to cause the cessation of administrative proceedings against uniformed members of the PNP as governed by NAPOLCOM M.C. 2016-002. In this regard, administrative proceedings commenced and/or concluded in SBCA during the period of 17 March 2020 until 15 June 2020 shall remain valid and binding.” 20K 8. Thus, for the proper guidance of all IAS offices and concemed personnel, the following guidelines are hereby issued. | GENENERAL GUIDELINES a. The interruption of reglementary periods as sanctioned by NAPOLCOM. Memorandum Circular No. 2020-001 is hereby adopted and must be observed by all concemed IAS offices and personnel, b. As explained in a memorandum from this Office on April 13, 2020 regarding “Modified Guidelines on Handling Cases amidst COVID- 19," the rules on reglementary periods are only relaxed but the proceedings are not suspended; hence, extensions may be grantedupon the motion for extension by the parties. Said extension shall be decided depending on the risks or difficulties faced by the parties, as evidenced by their actual situation and empirical evidence, relative to the public health emergency. Extensions shall not exceed three (3) days and may only be granted for no more than two (2) occasions in every stage. c. In recognition of every citizen's right to speedy disposition of cases under the 1987 Constitution, Article Ill, section 16, however, all concerned offices and personnel are encouraged to process and dispose the cases pending before them within our prescribed timeframe as much as practicable and as the situational risks may permit, the interruption of periods notwithstanding; provided that — 1) Proceedings involving cases already pending, i.e. those for which a formal charge against the respondent has already been issued before March 17, 2020, shall proceed, and be disposed speedily within our prescribed timeframe. 2) For all other cases, i.e. those with formal charge issued or yet to be issued after March 17, 2020, or those yet to commence from complaints received from March 17, 2020 forward, interruption of reglementary periods shall apply. As provided in NAPOLCOM Memorandum Circular No. 2020-001, section 2, compliance with the reglementary periods shall commence on June 16, 2020. 3) Considering the sensitivity and gravity of their nature, cases involving graft and corrupt practices, irregularity, misconduct, negligence, and such other violations of law, rule, or regulation relative to quarantine and health emergency protocols and cases involving irregularity, misconduct, negligence, and such other Violations of law, rule, or regulation resulting in violation of fundamental and inalienable human rights during the period of the public health emergency or community quarantine are deemed priority cases. d. All hearings, case conferences, pre-hearing conferences, and all other forms of case-related assembly requiring personal appearance, physical attendance, face-to-face meeting, or confrontation are dispensed with to observe social distancing. In lieu of such hearings, conferences, and all other case-related meetings, the concemed offices, personnel, and parties to the case must follow the guidelines provided in Part II hereof on Procedural Matters. PROCEDURAL MATTERS a. The submission of position papers in lieu of a full, trial-type summary hearing is highly encouraged to facilitate speedy disposition of cases. >c. Every summary hearing officer must inform the parties of these guidelines and inquire whether they intend to avail of the said mode, For parties who intend to have a full, trial-type summary hearing, the same shall be conducted via electronic or teleconferencing means, Concems pertaining to the implementation of this mode are addressed in Part Ill hereof on administrative concerns. All documentary submissions, i.e. pleadings (¢.g. reply, answer, counter affidavit, and position paper, among others as the case may be), motions, and other case-related files, may be made through electronic ‘mail (email). Other modes of filing, e.g. registered mail or courier service remain with a caution as to the risk of transmitting SARS-COV-2. In the interest of record-keeping, the original copies of documents submitted via email must still be submitted via private courier or registered mail when the situational risks permit. Caution must be exercised, and all health protocols must be observed. IAS personnel must disinfect the said parcels delivered and shall not open the same in three (3) days. Meanwhile, proceedings will continue using the electronic copies Receipt of complaints shall mainly be done through email. The following specific guidelines must be observed. 1) The complaint affidavit and all documents related to the case must be in portable document format (PDF) or saved as a picture in Jpeg format to facilitate easy uploading to the IAS CMIS. platform. All personnel shall ensure on-ime uploading of documents. 2) The original copies of documents submitted via email must still be submitted via private courier or registered mail to form part of the case folders. Caution must be exercised, and all health protocols ‘must be observed in handling the documents. IAS personnel must disinfect the said parcels delivered and shall not open the same in three (3) days. Proceedings will continue using the electronic copies. 3) All submitted documents must be complete and sufficient in the equisite form and substance, as required by applicable laws, tules, regulations, and the NAPOLCOM Memorandum Circular No. 2016-002 on certain contents, requirements, or solemnities prescribed. If insufficient or incomplete, the concerned office or employee must allow the sender the opportunity to comply with the requirements within a period of seventy-two (72) hours, except when the missing document is the certificate of non-forum a)shopping, in which case the compliance period shall be within five (5) days. 4) Newly filed complaints, provided that they are compliant with the requirements, must be immediately processed and uploaded onto the IAS CMIS platform, The handling officer must reply to the sender stating his name and role in the case, the actions taken, the immediately succeeding steps to follow, and the possible lines of communication available for update and follow-through. 5) For the purpose of monitoring, all cases initiated through electronic filing must be docketed in a separate book dedicated to such purpose only. 6) Physical filing is discouraged to prevent further viral transmission; nevertheless, if such physical appearance to file the complaint is inevitable considering the surrounding risks and circumstances, the same must be done according to minimum health standards and quarantine protocols. These cases will be docketed along with the regularly filed cases. ®. Service of Notices, Summons, Orders, and all other related processes may be made, insofar as it is practicable and secure considering the risks, through personel service, coutier, or registered mail may be done with caution as to the risk of transmitting SARS-COV-2. Services via ‘email is encouraged but the same must be properly intended by the party concemed. In accordance with NAPOLCOM Memorandum Circular No. 2020-001, section 3.5, the party who intends to be served with processes via email shall submit a request under oath and provide the email address. In case the party intends to have the processes served to the email address of his counsel, a copy of the said counsel's entry of appearance and/or engagement contract/retainer agreement shall also be submitted. f. Considering the instant messaging technology employed by email platforms, for all filing, processes, and communications done by email in relation with the rules set herein and NAPOLCOM Memorandum Circular No. 2020-001, the periods shall be counted from the date the ‘email was sent to the email addresses on official record; provided, the email sent should not bounce back to the sender's address by mailer daemon or any other similar service. If the date falls on a Saturday, Sunday, or any legal non-working holiday in the place where the specific office works, the time shall not be counted until the next working day.g. In case of filing, processes, and communications done by personal service, regular mail, or courier service, the applicable rules in NAPOLCOM Memorandum Circular No. 2016-002 shall be followed, ADMINISTRATIVE CONCERNS a. All communications via email must be made with a confidentiality notice: CONFIDENTIALITY NOTICE The e-mail message and all attachments that may have been transmitted with it are intended solely for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, or an employee or agent responsible for delivering the message to him/her, you are hereby notified that any dissemination, distribution, copying, or other use of the message, its attachments or any portions thereof, is strictly prohibited. if you have received _ this message erroneously, kindly notify the sender immediately by replying to this message and deleting the same from your computer. b. An employee shall be designated to be the officer duly authorized and responsible for the monitoring and management of all email communications. The designated officer must reply to the sender, acknowledge its receipt, and state in the reply the documents received and the total number of pages. c. Ininstances where the proceedings is conducted via teleconferencing or similar platforms, the proceedings shall be transcribed and recorded. The transcription and recording must be stored in a compact disc (CD) or universal serial bus (USB) flash drive. The storage device shall form part of the case records. 4. For proceedings done via teleconferencing or similar platforms, the approved procedures stated in a memorandum from Chief, LAD dated June 22, 2020 with the subject: "Proposed Alternative Procedure for the Conduct of Pre-Hearing Conference in the LAD, NIAS,” are hereby adopted as part of the same; thus, hereto attached as a supplement. e. All other guidelines previously issued that are not inconsistent with the same shall continue to be in effect for so long as they promote the efficiency of case disposition. 9. For guidance and compliance of all concerned10.Widest dissemination is desired; thus, NIAS-AFMD and/or PRD shall disseminate the same to all concemed offices from the regional level down to the city- level offices. ATTY. ALFEGRR jf, TRYAMBULO Inspector Gepérai Distt: NIASLAD Nase NASD ‘All Head of RIAS, DIAS, PIAS, and CIAS Nalionuide A Disions, Sections, and Unis of RIAS, DIAS, PIAS, CIAS. Copy Furished NIAS-AFMO NAS-PRDRepublic of the Philippines NATIONAL POLICE COMMISSION DILG ~ NAPOLCOM Center NAPOLCOM Building, EDSA corner Quezon Avenue West Triangle, Quezon City 1104 NAPOLCOM MEMORANDUM CIRCULAR NO. 2020-001 PRESCRIBING GUIDELINES ON THE INTERRUPTION OF THE REGLEMENTARY PERIODS AND SUSPENSION OF CERTAIN PROCEEDINGS IN NAPOLCOM MEMORANDUM CIRCULAR NO. 2016- 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE WHEREAS, Article XVI Section 6 of the 1987 Constitution provides that: The state shall establish and maintain one police force, which shail be national in scope and civilian in character, to be administered and controlled by a national police commission. x x ‘WHEREAS, Republic Act No. 6975 (Department of the Interior and Local Government Act of 1990), as amended by Republic Act No, 8551 (Philippine National Police Reform and Reorganization Act of 1998), provides for the administrative disciplinary mechanisms for, and enumerates the disciplinary authorities over, members of the Philippine National Police (PNP); WHEREAS, in the exercise of its constitutional and statutory authority, the National Police Commission (NAPOLCOM) has been issuing the corresponding circulars prescribing the rules of procedure governing proceedings in administrative cases against erring members of the PNP, the latest of which is NAPOLCOM Memorandum Circular No. 2016-002 (NAPOLCOM M.C. 2016-002); WHEREAS, on 08 March 2020, upon confirmation by the Secretary of Health of the local transmission in the country of the Corona Virus Disease (COVID- 19), President Rodrigo Roa Duterte issued Proclamation No. 922 declaring a State of Public Health Emergency throughout the Philippines; WHEREAS, on 16 March 2020, President Duterte issued Proclamation No. 929 declaring a State of Calamity throughout the Philippines for a period of six (6) months, and imposing an Enhanced Community Quarantine (ECQ) throughout Luzon due to COVID-19 starting 17 March 2020 until 12 April 2020; @Page 2 of 9 NAPOLCOM Memorandum Circular No, 2020-001. PRESCRIBING GUIDELINES ON THE INTERRUPTION OF THE REGLEMENTARY PERIODS AND SUSPENSION OF CERTAIN PROCEEDINGS IN NAPOLCOM MEMORANDUM CIRCULAR NO. 2016- 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS ‘SERVICE OF THE PHILIPPINE NATIONAL POLICE WHEREAS, on 24 March 2020, Republic Act No, 11469, or the Bayanihan to Heal As One Act, was enacted, authorizing the President to, among others, move statutory deadlines and timelines for the filing and submission of any document, the payment of taxes, fees, and other charges required by law, and the grant of any benefit, in order to ease the burden on individuals under Coramunity Quarantine; WHEREAS, on 07 April 2020, Executive Secretary Salvador C. Medialdea issued a Memorandum on the extension of the ECQ over the entire Luzon until 30 April 2020, the part of which reads: Pursuant to Republic Act No. 11469 or the “Bayanihan to Heal as One Act,” Proclamation Nos. 929 and 922 (5. 2020), upon the recommendation of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (TATE) in its Joint Resolution No. 20 (s, 2020) dated 06 April 2020, the Enhanced Community Quarantine (ECQ) over the entire Luzon is hereby EXTENDED until 11:59 p.m, 9f 30 April 2020; WHEREAS, since the implementation of the community quarantine (both BCQ and GCOQ), the mobility of people around Luzon, and even in certain jurisdictions in Visayas and Mindanao, has been heavily restricted, and lawyers, law firms, and postal services had not been included in the list of exempted individuals, entities, and services from the community quarantine; WHEREAS, cognizant of said limitation on the mobility of individuals during the existence of the community quarantine and in pursuance of the authority granted to him under R.A. 11469, President Duterte issued on 21 April 2020 Administrative Order No. 30 directing all government offices to formulate and issue guidelines on the interruption of periods for the filing of documents, payment of taxes, charges and other fees, and cancellation of proceedings before their respective offices, and on the movement of timelines for the release of benefits; WHEREAS, on 30 April 2020, President Duterte issued Executive Order No. 112, imposing an enhanced community quarantine in high-risk geographic areas of the Philippines and a general community quarantine in the rest of the country from. May 1-15, 2020, and adopting the Omnibus Guidelines in the implementation thereof as recommended by the IATF; ‘WHEREAS, on 11 May 2020, the IATF issued Resolution No. 35 which provides for, among others: a) removing certain low-risk provinces, HUCs, and ICCs from community quarantine, without prejudice to strict observation of minimum health standards; ») placing certain moderate-tisk provinces, HUCs, and ICCs under a general community quarantine until 31 May 2020, without prejudice to the @)Page 3 of 9 NAPOLCOM Memorandum Circular No. 2020 ~ 001 PRESCRIBING GUIDELINES ON THE INTERRUPTION OF THE REGLEMENTARY PERIODS AND. SUSPENSION OF CERTAIN PROCEEDINGS IN NAPOLCOM MEMORANDUM CIRCULAR NO. 2016. 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS ‘SERVICE OF THE PHILIPPINE NATIONAL POLICE declaration of localized Enhanced Community Quarantine in critical areas; ©) placing certain high-risk provinces, HUCs, and ICCs under a Modified Enhanced Community quarantine until 31 May 2020, without prejudice to the declaration of localized Enhanced Community Quarantine in critical areas; ‘WHEREAS, on 15 May 2020, the IATF issued Resolution No. 37 which placed all Provinces, HUCs, and ICCs not classified as either low-risk, moderate- tisk, or high-risk, under General Community Quarantine (GCQ) until 31 May 2020; ‘WHEREAS, on 29 May 2020, the IATF issued Resolution No. 41 which provides for, among others: a) placing certain provinces, HUCs, and ICCs in Luzon, Visayas, and Mindanao under Modified General Community Quarantine (MGCQ) until 15 June 2020; ) placing cettain provinces, HUCs, and ICCs in Luzon, Visayas, and Mindanao under General Community Quarantine (GCQ) until 15 June 2020; ©) while classified as high risk areas, placing all HUCs of the National Capital Region (NCR), the Municipality of Pateros, and Cebu City under General Community Quarantine (GCQ) until 15 June 2020. NOW, THEREFORE, THE COMMISSION, premised on the foregoing and pursuant to its constitutional and statutory mandates, hereby RESOLVES to prescribe the following guidelines: SECTION 1. Coverage, — These guidelines shall be applicable to all proceedings governed by NAPOLCOM M.C. 2016-002, otherwise known as the "Revised Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal “Affairs Service (TAS) of the Philippine National Police, to wit: Summary Dismissal Cases, Cases for Breach of Internal Discipline, Citizen's Complaint Cases, and Appeals (SBCA). SECTION 2. Interruption of the Periods in NAPOLCOM M.C, 2016-002. - Owing to physical restrictions, mobility limitations, and work suspensions in the executive branch of government, the reglementary periods provided. in NAPOLCOM M.C. 2016-002 for actions in SBCA are hereby interrupted for the period of 17 ‘March 2020 until 31 May 2020. Likewise, the periods provided in NAPOLCOM M.C, 2016-002 with respect to the actions and submissions required of thePage 4 of 9 NAPOLCOM Memorandum Circular No. 2020 ~ 901 PRESCRIBING GUIDELINES ON THE INTERRUPTION oF THE REGLEMENTARY PERIODS AND SUSPENSION OF CERTAIN PROCEEDINGS _1I NAPOLCOM MEMORASDUM CIRCULAR NO. 2m [BIS z AS 002, ENTITLEDS ‘D RULES OF PROCEDIUBE |B\8 & 3/Ble BEFORE THEE sADNGWISTRATIVE DiscrPLiNhY |B|@ g $|&(3 AUTHORITIES 84ND STHE INTERNAL APFAGS |2|8 @ lalR SERVICE OF THegMnPrn wariona. PoLice|s \gl* 8 81a la : 3 alele Disciplinary Authorities and their duly at d_offieips| interrupted for the said period, ais ls © [s/s Said interruption shall not, }OveEvks [bf haf rstood as|ip of administrative proceedings againgt upiffgihel! rhesibe NAPOLCOM M.C. 2016-002, commenced and/or concluded in SBCHF daxing tHe et June 2020 shall remain valid and bis shall commence on 16 June 2020, subject to the succeeding sectiong. z Normal. —In compliance with the df guidelines are hereby prescribed in| 2016-002: we 6 Compliance with the reglementary Beep i EJ SECTION 3.2 Proceedings \Bfer|ale Section 3.1. Filing through proceedings governed by NAF Normal,” the filing throug Affidavits, Counter-Affidavits other Communications in Su| of Internal Discipline, and resorted to, in addition to NAPOLCOM &f.C. 2016-0045 In this regard," it shall be the “duty pf |thk concemed, or its duly authorized-offici,|t (48) hours from issuance of this Memordngh and official e-mail adcdress/es to which Fletts made by the parties concerned. The Disciplinary Authority concemed shpll fol public, in a clear and consistent manner, said and cOhtinued reference. = lo gy = 2) Sectign 3. as , Actions on communications in SBC received through e-mail. The Disciptinary Authority concemed, or its duly authorized official, shall also deemed cessation verned by roceedings 20 until 15 . 2016-002 scribed in ZT aalMas suey jeusazu] jeuolsay checton an hourly basis their official e-mail address/es. If in receipt of a new Complaint, Affidavit, Counter-Afidavit, Pleading, Motion, Position Paper, or other Communications in SBC, it shall be the duty of the Disciplinary Authority's duly authorized official to reply to the boPage 5 of 9 ‘NAPOLCOM Memorandum Circular No, 2020-001 PRESCRIBING GUIDELINES ON THE INTERRUPTION OF THE REGLEMENTARY PERIODS AND SUSPENSION OF CERTAIN PROCEEDINGS IN NAPOLCOM MEMORANDUM CIRCULAR NO. 2076 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE — DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE sender of $he cam communi&tin, theZloc] the total number of pag 2 eameny sian fi In addition, 8for comm requirementssor soleranj Dp o deficiency Beg of the se} ja a opportunit & supply ‘hajent/4.,and/or com] Se requiremesfssolemnitis MHOLCO} af Fa period oF ren 97} cles le 3 5 Bo S| z A newlyffa adininiBtadvd [edmplainlg chmphant s3 requirementsprescrived| 3 a 7 ro 53 printed immédiately by| “plasty 1otity's | dul cam official and recorded in ifs tet bocke pribr to jini 2b thereof. Big i) z 5 a 25 Further, for pusposes of (ih cag \metrits of the Sa guidelines, dgninistrative \cdse& inftieted thrdugh lelectFoni ay be recorded a separate es Mlicated 4} = 2 3 complaintsizdamenced through enjail..| |x 3/8 =8 i 3 «6 s elo. |e 2|8 B Section 3.3. Blaplicatjon to pending haste i rE CHES, or frp for N which a Fornfal ChaBye has already issuéel against a rebpoddent, it shall be the duty of fhe Disciplingry/Apthorigy cbnicetned, jor iisluly authorized official, 4 inform thk° patties [SF the hbrei ines authorizing the filing of Commurli ee though enail lank ask them whether they intend to avail Ataid nd of hi the affirmative, the abovementioned ball | be fequicedss[B| be performed by the Disciplinary For its 4 ed representative, with the exception| javingsithg cas ed ha separate docket book dedicated to cbmiptqints} FOUR ema). fel» |e fe |» | [gS s ge [8 e]3) S Section 3.4. Suspension of personal appearance/ditendance™ AU stages of Proceedings in Summary Dismissal Cases, Cases for Breach of Internals Discipline, and Citizen's Complaints Cases requiring the personal appearance/attendance of any party thereto shall be suspended.< Instead, videoconferencing or other similar modes of communication, dispensing with physical face-to-face interaction shall be adopted. Theo, Disciplinary Authority concerned, or its duly authorized official, shall ensure appropriate recording of the proceedings, and accessibility of the\c.Page 6 of 9 NAPOLCOM Memorandum Circular No. 2020-001. PRESCRIBING GUIDELINES ON THE INTERRUPTION OF THE REGLEVENTARY PERIODS AND SUSPENSION OF CERTAIN PROCEEDINGS IN NAPOLCOM MEMORANDUM CIRCULAR NO. 2016- 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE recorded proceedings, to the parties. The proceedings shall, in addition to being transcribed as required in NAPOLCOM M.C. 2016-002, be copied in a compact disc (CD) or USB flash drive and said storage device shall likewise form part of the records of the case, Tn cases where videoconferencing may not be resorted to, the proceedings in Summary Dismissal Cases, Cases for Breach of Internal Discipline, and Citizen's Complaints Cases requiring the personal appearance/ attendance of any party shall proceed in accordance with the provisions of NAPOLCOM M.C. 2016-002, with the requirement that the attendees to the proceedings observe the Minimum Public Health Standards prescribed by the Department of Health (DOH) aimed at the reduction of contact and transmission of COVID-19, the most basic of which are as follows: (i) the use of protective equipment suitable to the setting, ie, wearing of cloth masks or surgical masks; (i) implement strict social distancing of at least 1 meter; (ii) limitation of non-essential travel and activities; and (iv) installation of architectural or engineering interventions, as may be deemed appropriate. Section 3.3. Service through courier ore-mail, As far as practicable, service to the parties of Processes in Summary Dismissal Cases, Cases for Breach of Internal Discipline, and Citizen's Complaints Cases (SBC) shall be made either through personal service or through registered mail In addition, service via courier is hereby permitted, with the understanding that for Processes in SBC sent through courier, the date of actual receipt thereof by the intended recipient shall be considered as the date of service. A party who intends to be served with Processes in SBC via e-mail shall submit a written request, under oath, to the Disciplinary Authority stating such fact. Under said oath, the party shall forthwith provide the e-mail address to which the Processes in SBC shall be served. For parties represented by counsel who intends to use the official e-mail address of the latter, a copy of said counsel's entry of appearance and/or engagement contract/retainer agreement shall likewise be sent to the Disciplinary Authority For purposes of this Section, the term “Processes in SBC" shall include notices, summons, subpoenas, or such other interlocutory orders or directives of the Disciplinary Authority or its duly authorized official in furtherance of the proceedings but without disposing of the case on its merits. Section 3.6. Format of communications transmitted through e-mail. All Complaints, Affidavits, Counter-Affidavits, Pleadings, Motions, Position Papers, other Communications, as well as all Processes in SBC, f\Page 7 of 8 NAPOLCOM Memorandum Circular No. 2020-001 PRESCRIBING GUIDELINES ON THE INTERRUPTION OF THE REGLEMENTARY PERIODS AND SUSPENSION OF CERTAIN PROCEEDINGS IN NAPOLCOM MEMORANDUM CIRCULAR NO. 2016 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE including their attachments, to be transmitted through e-mail must be in Portable Document Format (PDF). Pieces of evidence for attachment to Communications in SBC, or attachments in Processes to be sent, which are not documentary in nature shall be photographed and converted into PDF. SECTION 4. Confidentiality. - The Disciplinary Authority concerned, and its duly authorized official, who receives the Communications in SBC shall not use or convey the same except for the purpose/s for which the communication was sent. ‘Thus, it shall be the duty of the Disciplinary Authority or its duly authorized official to inform the parties intending to send Communications in SBCA through e-mail to include a confidentiality notice worded as follows: ‘The e-mail message and all attachments that may have been transmitted with it are intended solely for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, or an employee or agent responsible for delivering the message to him/her, you are hereby notified that any dissemination, distribution, copying, or other use of the message, its attachments or any portions thereof, is strictly prohibited. If you have received this message erroneously, kindly notify the sender immediately by replying to this message and deleting the same from your computer. SECTION 5. Review and Recommendation. ~ These guidelines, issued in compliance to the issuances by the Chief Executive that were promulgated in response to the present State of Calamity and State of Public Health Emergency, may be revised at any time should prevailing circumstances change. Thus, in order to help the Commission monitor the efficacy of these guidelines and identify appropriate improvements/interventions thereon, the Disciplinary Authorities defined in NAPOLCOM MC. 2016-002 and for whose guidance these guidelines are being issued, are hereby required to submit to the Commission En Banc, through the Office of the Vice Chairman and Executive Officer, appropriate reports on the implementation of these guidelines and their recommendations thereon, if any. For the NAPOLCOM, said submission shall be complied with by its Regional Offices every 5* day of the month, SECTION 6. Retroactive Application. — ‘The interruption of periods prescribed in Section 2 of these Guidelines shall commence retroactively from 17 March 2020. SECTION 7. Separability Clouse. ~ Should any provision of this Memorandum Circular be declared invalid or unconstitutional, the other provisions unaffected thereby shall remain valid and subsisting, owPage 8 of 9 NAPOLCOM Memorandum Circular No, 2020-001. PRESCRIBING GUIDELINES ON THE INTERRUPTION OF THE REGLEMENTARY PERIODS AND SUSPENSION OF CERTAIN PROCEEDINGS IN NAPOLCOM MEMORANDUM CIRCULAR NO. 2016- 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE SECTION 8. Repealing Clause, - The provisions of NAPOLCOM Memorandum Circular No. 2016-002 which are inconsistent with any of the provisions of this Memorandum Circular are hereby repealed or modified accordingly. SECTION 9. Zféctivity. - On account of the declared State of Public Health Emergency and State of Calamity due to COVID-19, this Memorandum Circular shall take effect immediately upon the filing of a copy thereof with the Office of the National Administrative Register in compliance with Section 3, Book VII of E.0 292 or the Administrative Code of 1987. RESOLVED FURTHER that the duration and effectiveness of these Guidelines shall be without prejudice to future directives or orders to be issued by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (ATF) or the Office of the President, pursuant to Republic Act No. 11469 or the Bayanihan to Heal As One Act. RESOLVED FINALLY that a copy of this Memorandum Circular be furnished the LATF in compliance with Administrative Order No. 30, APPROVED this _22nd_ day of NE 2020, in Quezon City, Philippines, reuiinbows steario, Rm ATTY. PN ere Commissioner CommissionerPags 9 of 9 NAPOLCOM Memorandum Circular No, 2020-0014 PRESCRIBING GUIDELINES ON THE INTERRUPTION OF opi REGLEMENTARY PERIODS AND SUSPENSION OF CERTAIN PROGEEDINGS iNv NAPOLCOM MEMORANDUM CIRCULAR NO. 2016- 002, ENTITLED: REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND” THE "INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE aap INONIDA F. BROSAS. ARCHIE FRANCISCO F. GAMBOA Commissioner Commissioner I hereby attest and certify that this Memorandum Circular was approved ad referendum upon due consultation by the members of the Attested by: Dir. MYRNA DP MEDINA, Ph, Acting Deputy Executive Officer Commission En Banc ., CESE Head, Office for Strategy Management