Directing the Philippine National Police to Observe the Prescribed Internal Complaints and Grievances Procedure

January 31, 2013

NAPOLCOM MEMORANDUM CIRCULAR NO. 001-13

DIRECTING THE PHILIPPINE NATIONAL POLICE TO OBSERVE THE PRESCRIBED INTERNAL COMPLAINTS AND GRIEVANCES PROCEDURE

WHEREAS, Section 14 of R.A. No. 6975, as amended, provides that the National Police Commission (NAPOLCOM) shall exercise administrative control and operational supervision over the Philippine National Police (PNP);

WHEREAS, Section 81 of R.A. No. 6975 provides that "Uniformed personnel shall have the right to present complaints and grievances to their superiors or commanders and have them heard and adjudicated as expeditiously as possible in the best interest of the service, with due regard to due process in every case. Such complaints or grievances shall be resolved at the lowest possible level in the unit of command and the respondent shall have the right to appeal from an adverse decision to higher authorities"; CASTDI

WHEREAS, the above provision of law was fleshed out under NAPOLCOM Memorandum Circular No. 93-022 entitled "Establishing a Complaints and Grievance Machinery for PNP Uniformed Personnel" and reiterated under Memorandum Circular No. 95-016 entitled "Directing Members of the Philippine National Police (PNP) to Observe the Prescribed Internal Complaints and Grievances Procedure";

WHEREAS, the above-cited Memorandum Circular No. 93-022 provides for a specific and more detailed procedure in presenting complaints and/or grievances to the management and its settlement as expeditiously as possible, taking into account the best interest of the police service;

WHEREAS, there are instances wherein grievances were brought before the Commission when the same are pending before the PNP Grievance Machinery;

WHEREAS, in most cases, the Commission, without knowing such circumstance, had acted and resolved on grievances ahead of the PNP's own resolution;

WHEREAS, in order to rectify such dysfunction, there is a need to issue a policy guideline as to the appropriateness of filing an appeal before the Commission with respect to the issue/s raised in the complaint/grievance;

NOW, THEREFORE, the Commission, pursuant to its constitutional mandate to administer and control the PNP, HAS RESOLVED TO DIRECT, AS IT HEREBY DIRECTS, the Philippine National Police to observe the prescribed internal complaints and grievances procedure under NAPOLCOM Memorandum Circular No. 93-022, subject to the following additional guidelines:

1. A party aggrieved by the decision of the PNP Grievance Machinery may appeal the same to the Commission within fifteen (15) days from receipt of such decision.

2. The appeal shall be in writing, addresses to the Vice-Chairman and Executive Officer, and shall contain the summary of relevant facts, the issues that need to be addressed, and the decision of the PNP appealed from.

No appeal shall be entertained or taken into consideration without the decision of the PNP attached thereto. Failure to attach the decision of the PNP Grievance Machinery shall be a ground for the dismissal of the appeal. EATcHD

3. The Commission shall resolve the appeal within fifteen (15) days from receipt thereof.

4. The decision of the Commission may be appealed to the Civil Service Commission, subject to existing civil service rules and regulations.

5. Failure on the part of the parties/police officers to strictly observe or comply with the foregoing rules shall be dealt with administratively.

All Memorandum Circulars or issuances or any part thereof, which are inconsistent with this Memorandum Circular, are hereby repealed or amended accordingly.

This Circular shall take effect after fifteen (15) days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987," as amended.

APPROVED this 31st day of January, 2013in Makati City, Metro Manila, Philippines.

(SGD.) MAR ROXASSecretary, DILG/Chairman, NAPOLCOM

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

(SGD.) LUISITO T. PALMERA, DPA, CSEECommissioner

(SGD.) ALEJANDRO S. URROCommissioner

On Official Travel

CONSTANCIA P. DE GUZMAN, Ph.D., CESO IIICommissioner

(SGD.) ALAN LA MADRID PURISIMACommissioner

Attested by:

(SGD.) MS. ADELMALYN A. MUNIEZAChief, Secretariat