Amending Sections 9 and 10 of NAPOLCOM Memorandum Circular No. 95-017

May 6, 2010

NAPOLCOM MEMORANDUM CIRCULAR NO. 01-10

AMENDING SECTIONS 9 AND 10 OF NAPOLCOM MEMORANDUM CIRCULAR NO. 95-017 ENTITLED: "PRESCRIBING GUIDELINES GOVERNING THE PERSONNEL ACTION OF DROPPING FROM THE ROLLS OF OFFICERS AND NON-OFFICERS OF THE PHILIPPINE NATIONAL POLICE (PNP) FOR INCURRING ABSENCES WITHOUT OFFICIAL LEAVE/AND AUTHORIZED ABSENCES

WHEREAS, the Commission issued Memorandum Circular (MC) No. 95-017 entitled "Prescribing Guidelines Governing the Personnel Action of Dropping from the Rolls of Officers and Non-Officers of the Philippine National Police (PNP) for Incurring Absences Without Official Leave/Unauthorized Absences," dated August 14, 1995, to institute appropriate remedial measures to treat absences without official leave/unauthorized absences of uniformed personnel in the PNP; HTcADC

WHEREAS, Memorandum Circular No. 95-017 prescribes that within three (3) days from receipt of the Order of Dropped from the Rolls, the concerned PNP member may file a Motion for Reconsideration;

WHEREAS, the PNP informed this Commission that very few PNP members who were dropped from the rolls complied with this prescribed reglementary period citing as reason the insufficiency of time to prepare a substantial pleading for the filing of their motion for reconsideration or appeal;

WHEREAS, in order to provide full opportunity to concerned PNP members who were dropped from the rolls to exhaust all possible administrative remedies to determine the merit of their dropped from roll cases and make the rules consistent with the Civil Service Rules, there is a need to amend Section 9 (Filing of Motion for Reconsideration) and Section 10 (Filing of Appeal) of MC No. 95-017 by extending the period of their filing, and to allow the appeal of the Dropped from the Roll Orders of the Chief PNP to the Secretary of the Interior and Local Government (SILG).

NOW THEREFORE, the Commission, pursuant to its constitutional mandate to administer and control the PNP, HAS RESOLVED TO AMEND, AS IT HEREBY AMENDS Sections 9 and 10 of Memorandum Circular No. 95-017, which shall read as follows:

"Section 9. Filing of Motion for Reconsideration. — Within fifteen (15) days from receipt of the Order of Dropped from the Rolls, the concerned PNP member may file a Motion for Reconsideration with the authority who issued the Order, which shall be resolved within the same period.

Only one (1) Motion for Reconsideration shall be allowed."

"Section 10. Filing of Appeal. — An order issued by the PNP Regional Director, or other authorized PNP Officers, denying the Motion for Reconsideration is appealable to the Chief, PNP, within fifteen (15) days from receipt of the Order of Denial. He shall have the same period to resolve the appeal. The Notice of Appeal shall be filed before the authority who issued the Dropped from the Rolls Order.

The Order of Dropped from the Rolls (DFR) issued by the Chief, PNP or his decisions denying the appeal from Dropped from the Rolls Order shall be appealable to the Secretary of the Interior and Local Government (SILG) within fifteen (15) days from receipt of the Dropped from the Rolls Order or Decision denying the appeal. The decision of the SILG shall be final." aScITE

All pertinent issuances and other existing rules and regulations inconsistent with this Circular are hereby repealed and modified accordingly.

This Memorandum Circular shall take effect upon approval.

ADOPTED, this 6th day of May in the Year Two Thousand and Ten in Makati City, Philippines.

(SGD.) RONALDO V. PUNOChairman

(SGD.) EDUARDO U. ESCUETACommissionerVice Chairman and Executive Officer

(SGD.) LUISITO T. PALMERACommissioner

(SGD.) ALEJANDRO S. URROCommissioner

(SGD.) JESUS A. VERZOSACommissioner

Attested by:

(SGD.) ADELMALYN A. MUNIEZAChief, Secretariat