Guidelines and Procedures for Lateral Entry of Officers into the PNP (R.A. No. 6975)

October 14, 2003

NAPOLCOM MEMORANDUM CIRCULAR NO. 10-03

PRESCRIBING THE GUIDELINES AND PROCEDURES FOR LATERAL ENTRY OF OFFICERS INTO THE PNP

WHEREAS, pursuant to Section 33 of Republic Act No. 6975, to wit: HTcADC

"SEC 33. Lateral Entry of Officers into the PNP. — In general, all original appointments of commissioned officers in the PNP shall commence with the rank of inspector, to include all those with highly technical qualifications applying for the PNP technical services, such as dentists, optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of medicine, members of the Bar, and chaplains shall be appointed to the rank of senior inspector in their particular technical service. Graduates of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of inspector. Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after promotions from the ranks are completed."

WHEREAS,PNCOs already in the police service with highly technical qualifications and expertise needed by the PNP are also qualified for lateral entry;

NOW THEREFORE,the Commission, pursuant to its constitutional mandate to administer and control the PNP, HAS RESOLVED TO PRESCRIBE, AS IT HEREBY PRESCRIBES,the following guidelines on lateral entry for strict compliance:

SECTION I. Objectives.—

A. Establish a set of guidelines for lateral entry in accordance with the policies, guidelines and procedures implementing Section 33 of Republic Act No. 6975 known as the Lateral Entry of Officers into the PNP; and

B. Create equal opportunity to all qualified men and women for appointment through lateral entry in the uniformed service of the PNP;

SECTION II. General Qualifications for Lateral Entry in the PNP Technical and Operational Support Units.—

No person shall be appointed as police commissioned officer via lateral entry unless he/she is:

A. A person with highly technical qualifications such as:

1. Dentists

2. Optometrists

3. Nurses

4. Engineers CAIHTE

5. Graduates of Forensic Sciences

6. Doctors of Medicine

7. Members of the Philippine Bar

8. Chaplain

B. A graduate of the PNPA; or

C. A licensed criminologist

In addition, he or she must possess the following qualifications pursuant to Section 14 of RA 8551, to wit:

A. A citizen of the Philippines

B. A person of good moral character

C. Must have passed the psychiatric or psychological, drug and physical tests to be administered by the PNP or by any government hospital accredited by the Commission for the purpose of determining the appointee's physical and mental health

D. Must be eligible in accordance with the standards set by the Commission

E. Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government

F. Must not have pending criminal/administrative case or convicted by final judgment of an offense or crime involving moral turpitude

For an applicant not yet in the service,in addition to the above-mentioned enumeration, he or she must:

A. Be at least one meter and sixty-two centimeters (1.62m) in height for male and one meter and fifty-seven centimeters (1.57m) for female

B. Weigh not more or less than five kilograms (5kg) from the standard weight corresponding to his height, age and sex.

C. Be not less than twenty-one (21) nor more than thirty (30) years of age.

For lateral entry applicants for line officers already in the service,they shall not be more than forty-six (46) years of age at the time of appointment. aScITE

For lateral entry applicants for the technical services already in the PNP,they shall not be more than fifty-three (53) years of age at the time of appointment.

The grant of waiver for initial appointment (age, weight, height) in the PNP via lateral entry shall only be allowed when the number of qualified applicants fall below the minimum annual quota and provided that an applicant shall not be below 20 years nor above 35 years of age.

Note: For purposes of this Circular, one day before the 21st birthday is less than 21 years of age (21 years of age must be exactly on the 21st birthday) and three hundred sixty four days after 30th birthday, not being 31 is not more than but still 30 years of age (31 years of age is on the 31st birthday).

SECTION III. General Policies.—

The following general policies are hereby established:

A. In general, all entrance appointments to the officer ranks in the Philippine National Police shall commence with the rank of Inspector, including those with highly technical qualifications applying for the PNP technical services, such as dentists, nurses, engineers, optometrists and graduates of forensic sciences. Doctors of medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of Senior Inspector in their particular technical service: Provided, that an applicant for the Chaplain service, whether catholic, protestant, imam or other religious denomination must possess an appropriate eligibility for the rank.

B. Graduates of the Philippine National Police Academy (PNPA) who will join the PNP shall be appointed to the rank of Police Inspector.

C. Top priority consideration for lateral entry into the rank of Police Inspector shall be given to the top ten (10) placers of the Licensure Examination for Criminologists, Provided, however, that the incumbent PNP members who land in the top ten places shall be given first priority and provided further that the qualifications enumerated under Section II of this circular are satisfied.

D. The PNP through the Director for Personnel and Records Management (DPRM) shall declare the quota for Lateral Entry (with breakdown) during the first quarter of the year for approval of the Commission. Once approved, DPRM shall announce or publish the declared quota in accordance with Republic Act No. 7041, otherwise known as the Publication Law. DETACa

E. In order to ensure the quality of applicants entering the PNP Officers Corps via lateral entry and strengthen the foundation of police professionalization, standard procedures/guidelines for the processing of lateral entry applications shall be established by the Lateral Entry Board.

F. The seniority of newly appointed officers via lateral entry is initially based on the rank in which he/she is being appointed and the total points garnered by the applicant in case the appointees are in the same rank.

G. Assignment of newly appointed officers via lateral entry is exclusively in the technical/operational unit where they were appointed or in the allied service where their expertise is needed. Newly appointed line officers shall be assigned to SAF for field assignment after the completion of the Officers Orientation Course (OOC) for one (1) year. Allied service shall refer to the function or duties rendered which are substantially the same or related to, or similar with the regular functions to which a personnel has been initially appointed including service specialization performed in other fields and to units whose nature or characteristics are substantially the same, related or similar.

H. All appointees under the Lateral Entry program unless otherwise severed by a competent authority shall serve the PNP for a minimum of three (3) years following their appointment.

SECTION IV. Appointment under a Waiver Program.—

A. Conditions on Waivers for Initial Appointment to the PNP

1. The age, height and weight requirements for lateral entry in the PNP may be waived only when the number of qualified applicants fall below the minimum annual quota;

2. The Commission en banc may grant waivers for age, height and weight requirements;

3. Waiver of the age requirement may be granted provided that the applicant shall not be less than twenty (20) nor over thirty-five (35) years of age. Under this condition, one is considered to be not over thirty-five (35) years old if he or she has not yet reached his or her thirty-sixth (36th) birthday on the date of the effectivity of his or her appointment; HEITAD

4. Waiver of the height requirement may be granted to a male applicant who is at least 1 meter and 57 cms (1.57m) and to a female applicant who is at least 1 meter and 52 cms (1.52m):provided, that the NAPOLCOM may set a lower height requirement for applicants who belong to cultural minorities duly certified by the Office of the Muslim Affairs (OMA) or the appropriate government entity. Provided, further, that the Commission shall require subject applicants to submit appropriate proof of their membership in a certain cultural minority group; and

5. An applicant who is granted a weight waiver shall be given reasonable time but not exceeding six (6) months within which to comply with the said requirement.

B. Factors to be Considered for Grant of Waivers

1. Outstanding accomplishments in law enforcement or police work or related field;

2. Level of physical stamina, endurance or agility;

3. Proficiency in martial arts, marksmanship and similar skills;

4. Extensive experience in forensic science and other technical services;

5. Other similar or analogous factors relevant to the requirements of police work.

C. Selection Criteria Under the Waiver Program

1. Applicants who possess the least disqualifications shall take precedence over those who possess more disqualifications;

2. The requirement shall be waived in the following order: (1) age; (2) height, and (3) weight

3. Each applicant for waiver must possess special qualifications, skills, or attributes useful or needed by the PNP such as those mentioned in sub Para B which are sufficient to compensate for his or her lack of certain minimum qualifications. A certification from the agency/entity from where the special qualifications were taken shall be required. aDSIHc

D. Re-application of Separated PNP Members Under the Waiver Program

 A lateral entrant who shall have entered and subsequently been separated under the weight waiver aspect of the program shall be eligible to re-apply for appointment to the PNP: Provided, that he or she possesses all the minimum qualifications required by Section 14 of RA No. 8551, except age and height: Provided, further, that his/her reappointment will not be by virtue of another waiver.

SECTION V. Lateral Entry Board.—

A Lateral Entry Board shall be created at the National Headquarters, Philippine National Police to evaluate the qualifications of applicants and shall submit its recommendation to the Chief, PNP for approval. The Chief, PNP shall then submit his final recommendation to the Commission for approval.

The Lateral Entry Board shall be composed of the following:

 

A. Deputy Chief for Administration	-	Chairman
B. The Director for Personnel and Records Management	-	Vice-Chairman
C. The Director for Intelligence	-	Member
D. The Director for Operations	-	Member
E. The Director for Logistics	-	Member
F. The Director for Plans	-	Member
G. The Director for Comptrollership	-	Member
H. The Director for Police Community Relations	-	Member
I. The Director for Investigation and Detective Mgmt.	-	Member
J. The Director for Human Resource and Doctrine Dev't.	-	Member
K. The Director for Research and Development	-	Member
L. NAPOLCOM Representative	-	Member
M. The Directors, NSUs	-	Special Members
N. Chief, RSD, DPRM	-	Head, Secretariat

 

SECTION VI. Procedure in Processing Applicants for Lateral Entry.—

A. Initial Interview and Qualifying Examination (To be conducted by the NSU)

1. The applicant shall be interviewed personally by the Screening Committee/Recruitment Officer of the Technical/Operational Unit based on the General Qualifications set in Section 33 of RA No. 6975 and the Qualification Standards required for the position which shall include, among others, education, experience, training, NAPOLCOM eligibility and physical characteristics and personality traits required by the job. ATICcS

2. The applicant may also be given a written examination by the Screening Committee/Recruitment Officer on the position he/she is applying for.

3. If the applicant qualifies, he/she shall be required to present or accomplish all the necessary requirements for Preliminary Screening. Only the applicants who garnered/obtained a rating of 80% and above shall be recommended/endorsed by the Director, NSU for Preliminary Screening which shall be conducted by the Secretariat, Lateral Entry Board.

4. For line officers, initial interview and qualifying examinations shall be conducted by the Recruitment and Selection Division, DPRM

B. Preliminary Screening (To be conducted by the Technical Committee Secretariat, Lateral Entry Board composed of PNP uniformed and non-uniformed personnel and NAPOLCOM representatives)

 A thorough check/review of the General Qualification Standards and pertinent documents submitted by applicants, particularly the appropriate education, experience, training, eligibility requirement, security clearance (DI) and other clearances, shall be undertaken at this stage. Preliminary screening is a critical stage in the lateral entry processing whereby applicants may be disqualified for not meeting the appropriate qualifications set by Sec. 33 of RA No. 6975 and the Qualification Standards for the position. If the applicant qualifies, he/she shall be advised to undergo the Physical Agility Test.

C. Physical Agility Test (HSS/Technical Committee/Secretariat, Lateral Entry Board)

 The Screening Committee shall require the applicant to undergo a Physical Agility Test (PAT) designed to determine whether or not he/she possesses the required coordination, strength and speed of movement necessary for the service, as follows: ETHIDa

 

Physical Agility Test

Name				Date
Address				Position Applied
Age	HT		WT	UNIT
DOB		Eligibility		Skills

 

MAXIMUM SCORE		100 pts
Passing:
Men	77 pts
Women	53 pts

 

1. PULL-UP (3pts each)		21 pts MAX
Passing:
Men	7 repetitions
Women	2 repetitions

 

2. 2 MINUTE PUSH-UP (1/2 pts each)

22 pts MAX

Passing:
Men	40 repetitions
Women	36 repetitions

 

3. 2 MINUTE SIT-UP (1/3 pts each)

21 pts MAX

Passing:
Men	48 repetitions
Women	41 repetitions

 

4. 100 METER RUN

18 pts MAX

Passing:
Men		16 seconds
Women		18 seconds

MEN

WOMEN

	13 sec and below	18 pts	15 sec and below	18 pts
	14 sec +	16 pts	16 sec +	16 pts
	15 sec +	14 pts	17 sec +	14 pts
	16 sec +	12 pts	18 sec +	12 pts

 

5.1000 METER RUN

18 pts MAX

Passing:
Men		5 min & 10 sec
Women		6 min & 10 sec

MEN

WOMEN

	3:25 sec and below	18 pts	4:25 sec and below	18 pts
	3:26 sec-3:46 sec	16 pts	4:26 sec-4:46 sec	16 pts
	3:47 sec-4:07 sec	14 pts	4:47 sec-5:07 sec	14 pts
	4:08 sec-4:28 sec	12 pts	5:08 sec-5:28 sec	12 pts
	4:29 sec-4:49 sec	10 pts	5:29 sec-5:49 sec	10 pts
	4:50 sec-5:10 sec	08 pts	5:50 sec-6:10 sec	08 pts

 

D. Psychological and/or Neuro-Psychiatric Test (To be conducted by PNPGH) TIADCc

 To exclude applicants who may be suffering from any mental disorder, the applicant shall take a psychological and/or neuro-psychiatric test to be administered by the PNPGH after he/she has qualified and met all the requirements to include passing the Physical Agility Test. There are two parts for the Neuro Psychological Exam: the IQ and Personality Test broken down into different categories with the corresponding points.

 

RATING OF NP (10 PTS)

INTELLIGENCE QUOTIENT	PERSONALITY TEST
(5 PTS)	(5 PTS)

SUPERIOR	5 pts	ADEQUATE	5 pts
EXCELLENT	4 pts	LESS ADEQUATE	3 pts
SATISFACTORY	3 pts	INADEQUATE	DQ
LESS SATISFACTORY	DQ

 

E. Character and Background Investigation — (To be conducted by DI/IG)

 The Screening Committee shall conduct an intensive Background Investigation on the character and background of the applicant with the view of determining his/her character reputation and possible involvement in any questionable or criminal activities as well as his propensity toward violence or use of force. Any derogatory report is a ground for disqualification.

F. Drug Test — (To be conducted by CL)

 The applicant is required to undergo a Drug Test in order to ensure that he/she is free from use or abuse of any prohibited drug. Any positive indication of drug use or abuse is a ground for disqualification.

G. Physical and Medical Examination — (To be conducted by PNPGH)

 In order to determine whether or not the applicant is in good health, free from any contagious diseases, dental, physical and medical examinations shall be conducted by the PNPGH after he/she has passed the Neuro/Psychological and Drug Tests. cSEDTC

H. Final Interview — (HPNP Lateral Entry Board)

 The Screening Committee shall interview the qualified applicants (those who were certified by the PNPGH to be mentally and physically fit) for suitability to police work. There are two categories as bases in the reevaluation of the Lateral Entry Board during the conduct of the final interview: Confirmation of the technical and general qualifications of the candidates and validation of the candidate's personality. The final interview shall aid in the reevaluation, revalidation and confirmation of the qualifications, particularly the technical qualifications of candidates based on the Qualification Standards set for the position to which the candidate is to be appointed and the personality as initially screened by the respective Tech/Operational Unit and reevaluated by the Secretariat/Technical Committee of the Lateral Entry Board. The total points allocated for the QS portion in the Final Interview are 50 pts.

 40 Initial points — already earned for passing the mandatory requirements in the Qualification Standards set for the position as pre-determined in the Technical/Operational Unit and per evaluation by the Technical Committee/Secretariat, Lateral Entry Board (Preliminary Screening).

 10 Additional points — to be given by the Lateral Entry Board as a result of the reevaluation and confirmation of the technical and the additional or potential ability of the candidates during the Final Interview. The interview shall also aid in determining the likableness, affability, and attitude towards the service, outside interest, forcefulness, conversational ability, and absence of disagreeable mannerism of the applicant.

 

Worksheet for Final interview

Name of Applicants	Unit/Position	QS	PERSONALITY	REMARKS
1	2	3	4	5	Total

 

CRITERIA AIDSTE

	POINTS	Formula in the Computation of QS
1. Qualification Standards (Educ, Specialization and Trng, Exp, Elig for the Position) Grade must not be less than 40 pts	50 pts	Total points = QS
Number of Raters

2. Personality			Formula in the Computation of F1
1 — Appearance (Grooming & Dress)	2 pts	50 pts
2 — Gen Info & Tech Knowledge	20 pts
3 — Communications Ability	15 pts
4 — Absence of Disagreeable Mannerism	3 pts		Average Score x 20 = FI
5 — Attitude Towards Profession	10 pts		50

 

I. Final Deliberation and Selection of Highly Qualified Candidates for Appointment

 The Final Deliberation and Selection is the last phase in the lateral entry process wherein thorough selection/screening has already been done by the different stages including the Final interview. The selection shall be made only according to merit and fitness of applicants to the position in which they are going to be appointed. CSC Resolution Number 94-015 provides that when two or more applicants meet the minimum requirements for the position, objective criteria must be set to determine who are the most fit and meritorious among all the applicants to ensure that the exercise of management discretion is not abused.

 

Worksheet for Final Deliberation and Selection

		QS	IS	PAT	NP	FI	IP	Bonus	Total	Remarks
NR	Name of Candidates	50 pts	10 pts	5 pts	IQ	PT	20 pts	Earned	5 pts	100 pts
5 pts	5 pts

 

Legend:	QS — Qualification Standards	PT — Personality Test
	IS — Initial Screening	FI — Final Interview
	PAT — Physical Agility Test	IP — Initial Points
	IQ — Intelligence Quotient

 

Bonus Points System

1. Uniformed Personnel SDAaTC

 

Rank (PNP)	POINTS	OTHER SERVICES (BJMP, BFP, AFP)	POINTS
SPO4	5.0	MSGT (or Equiv)	3.0
SPO3	4.5	TSGT	3.0
SPO2	4.0	SSGT	3.0
SPO1	4.0	SGT	2.5
PO3	3.5	CPL	2.5
PO2	3.5	PFC	2.0
PO1	3.0	PVT	1.5

 

2. Non-Uniformed Personnel

 

Above 14 yrs of service	3.0 pts
5-14 yrs of service	2.5 pts
Below 5 yrs of service	2.0 pts

 

3. Immediate Dependent of PNP Member/NUP — 2.0 pts

4. Candidates belonging to Cultural Community — 2.0 pts

5. Old Applicant (previous) — 1.0 pt

SECTION VII. Appointment and Oath-Taking of Successful Applicants.—

The Lateral Entry Board, after the final deliberation and thorough selection conducted on the most competent and qualified applicants, shall post the list in strategic places in the PNP for fifteen (15) working days and shall submit the final list to the Chief, PNP for his approval within five (5) days after the last day of posting who shall, in turn, submit his recommendation to the Commission for confirmation.

The effectivity of appointment and the oath-taking of successful candidates shall not be earlier than the confirmation of the Commission. AaCTcI

SECTION VIII. Status of Appointment Through Lateral Entry.—

Temporary Appointment — A temporary appointment shall be issued for twelve (12) months to a person who meets the educational requirement to the rank to which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and regulations promulgated pursuant thereto. Said temporary appointment shall be changed to permanent after twelve (12) months after the completion of the required training.

Appointment Covered by a Waiver — A lateral entrant who is admitted in the PNP due to a waiver of the weight requirement shall be issued temporary appointment pending the satisfaction of the said requirement. An applicant who is granted a weight waiver shall be given reasonable time but not exceeding six (6) months within which to comply. Failure to satisfy the said requirement shall be a ground for dismissal from the PNP service under Section 13 of RA No. 8551.

SECTION IX. Requirements in the Processing of Appointment.—

The following are the requirements necessary for original appointments:

A. CSC Form 212 duly accomplished under oath

B. School Credentials (College Diploma/Transcript of Records)

C. Physical/Medical Clearance

D. Birth Certificate of appointee. If not available, Baptismal Certificate accompanied by a certification of destruction/loss of birth records issued by the Local Civil Registrar or, in the event both certificates are not available, joint affidavit of at least two disinterested persons who personally know the facts of birth of the appointee accompanied by certification of non-availability of birth and baptismal records issued by the Local Civil Registrar and the Parish Priest/Minister, respectively;

E. Drug Test Report

F. Neuro-Psychiatric Test (PNP Clearance)

G. Clearances from the PNP, RTC, NBI and Ombudsman and, for those already in the service, to include DIDM, IAS, PLEB and the Legal Service

H. Fingerprint and handwriting specimen acEHCD

I. Passport size picture taken within six (6) months prior to effectivity of appointment

J. Authenticated PRC report of rating

K. Oath of Office

 Note: The above-enumerated requirements shall be submitted in three (3) copies each in separate folders. One folder shall include the Family Documents of the lateral entrants, which shall be transmitted by RSD to RMD for inclusion in their Police Personnel Files (PPFs).

SECTION X. Other Personnel Actions Related to Initial Appointment of Uniformed Personnel in the Rank of Police Inspector/Police Senior Inspector Thru Lateral Entry.—

A. Issuance of Orders by DPRM and Designation of Account Numbers

 In-service lateral entrants/appointees shall be issued orders separately from civilian appointees. This will be the basis of the PNP Computer Service in designating account numbers.

 In-service appointees shall retain their respective account numbers while the civilian lateral entrants shall be issued new account numbers.

B. Assignment of Badge Numbers

 Prior to the issuance of orders, the Secretariat of the Lateral Entry Board shall coordinate with the Records Management Division, DPRM for the allocation of badge numbers corresponding to the actual number of applicants to be appointed. These badge numbers shall be reflected in the appointment order to be issued. The order of merit established by the Lateral Entry Board through evaluation of the qualifications and result of the interview shall be used in the assignment of badge numbers to appointees.

C. Submission of Individual Police Personnel Files to RMD, DPRM

 Within one (1) week after the oath taking, the Chief, RSD shall forward to Chief, RMD the individual Police Personnel Files of the newly appointed PNP uniformed personnel. EcTCAD

 Note: There should be no problem preparing the PPFs as they are contained in the folders submitted for the processing of their appointments, as prescribed in NAPOLCOM Memorandum Circular No. 92-015. The family documents were added to ensure completeness.

 To facilitate the processing of PPFs, they shall be transmitted according to badge slumbers.

D. Addition to the PNP (PAIS) Roster

 Upon receipt of the properly transmitted PPFs, the names and personal data of the newly appointed personnel shall be added/appended to the PNP (PAIS) Roster.

 After their records had been created, Chief, RMD shall then initiate the request to the Director, Computer Service for the addition of their names to the PNP Alpha (CFC) List. The request shall be signed by the Executive Officer, DPRM for the TDPRM.

E. Addition to the PNP Alpha (CFC) List

 The Director, Computer Service shall direct that the names be appended to the PNP Alpha (CFC) list and account numbers assigned.

 The Director, Computer Service sends feedback to TDPRM (Attn: Chief, RMD) to the Director, FS and to the Director, NSU concerned regarding the first printing of CFCs.

F. Issuance of PNP Identification Cards

 As soon as the names are added/appended to the PNP Roster, the Chief, RMD shall issue PNP IDs after approval/signature by the Executive Officer, DPRM. Processed IDs shall be released only through the concerned NSU Director.

G. Payment of Salaries through Payroll

 Upon issuance of the appointment orders, the respective Finance Officers of concerned NSUs shall initiate the preparation of the payroll to ensure prompt payment of the salaries of the new lateral entrants. Payment through payroll will continue until the CFCs are printed. The concerned units will be informed of the printing of CFCs via the feedback report from the Director, Computer Service.

SECTION XI. Guidelines on Probationary Period.—

A lateral entrant shall serve a probationary period of one (1) year. However, he may be dropped from the service for unsatisfactory conduct or performance any time before the expiration of such probationary period. SDHTEC

Technical Service Lateral Entrants shall undergo a forty-five (45)-day Officers Orientation Course (OOC) at the Philippine Public Safety College (PPSC) while lateral entrants for Line Officers shall undergo the OOC at the Special Action Force (SAF) which is inclusive of the one (1) year probationary period. During this period, the services of PNP personnel so appointed may be terminated due to unsatisfactory conduct or performance at any time. The termination of services shall be done with utmost objectivity and impartiality with the end in view of affording the PNP members concerned the right to due process and equal protection of law. In general, termination shall be in the nature of summary administrative proceedings.

A. Grounds for Termination of Services:

1. Grave Administrative Offenses

a. Grave misconduct

b. Incompetence

c. Dishonesty

d. Disloyalty to the government

e. Serious irregularities in the performance of duties

f. Violation of law

2. Lack of Aptitude in the Service — This shall refer to any of the following circumstances:

a. Academic deficiency arising from failure to obtain a passing grade in the required basic training course in accordance with the established training rules and regulations;

b. Serious violation of training rules and regulations involving non-academic matters;

c. Possession of such habits, traits, conduct or behavior which when taken on their overall context, tends to manifest and display an undesirable disposition or attitude towards the law enforcement profession.

B. Termination Authority HSAcaE

 The Chief, PNP is designated Termination Authority for all lateral entrants of the PNP undergoing probationary period.

C. Termination Committee

 There shall be created a Termination Committee to review/investigate the case against a PNP lateral entrant on probationary period and shall submit a recommendation to the Chief, PNP based on the merits of the case.

 The Termination Committee shall be composed of the following:

 

The Director for Personnel and Records Management	Chairman
The Director, Legal Service	Vice-Chairman
The Director for Human Resource & Doctrine Development	Member
The Director for Intelligence	Member
The Director for Investigation and Detective Management	Member
Appropriate NSU Director	Member
Chief, Recruitment Selection Division, DPRM	Head Secretariat

 

D. Termination Procedures

1. Termination of service for unsatisfactory conduct or performance while under probationary period may be initiated by the appropriate NSU Director based on the investigation/official report of the case against any PNP member or upon a verified complaint of any person accompanied with sworn statements/documents in support thereof. The NSU Director concerned shall submit appropriate report/recommendation to the Termination Committee thru the Directorate for Personnel and Records Management (DPRM),copy furnished the respondent with notice that he/she may file his/her answer together with the sworn statement of his/her witness and other pertinent supporting documents and other pieces of evidence within three (3) days from receipt of the complaint to the Termination Committee.

2. Upon receipt of the report/recommendation, DPRM shall immediately constitute/convene the Termination Committee. The Termination Committee shall conduct a summary hearing within the next three (3) days after receipt of respondent's answer, sworn affidavit of his/her witnesses, other pertinent documents and other pieces of evidence which shall terminate within five (5) days from its commencement. AScHCD

3. If the respondent, despite due notice, fails to answer the charge(s) within the prescribed period, the Committee shall immediately proceed with the hearing ex parte.

4. Being summary in nature, direct examination of witnesses shall be dispensed with and the sworn statements of witness or their affidavits shall take the place of their oral testimonies. Provided that, witnesses who were not able to submit their sworn affidavit as mentioned in par. (1) hereof shall be allowed to be examined directly or in lieu thereof to submit a sworn affidavit.

 Cross-examination shall be limited to matters discussed in the affidavit of the witness being cross-examined. Arguments that are not relevant and material to the issue and are obviously being employed as dilatory tactics shall not be entertained.

5. The Termination Committee shall render its decision/recommendation within three (3) days after the termination of the hearing. Said decision/recommendation shall be acted upon by the Chief, PNP within five (5) days upon receipt of the said decision/recommendation.

6. The decision shall contain the name of the respondent, his unit, a brief statement of the facts, the findings of the Termination Committee and the law and/or issuance on which the said decision was based.

E. Appeal Procedure

1. The decision of the Chief, PNP may be appealed by either party to the National Police Commission within thirty (30) days from receipt of the official copy of the same.

2. The appellant shall submit a Memorandum of Appeal to the NAPOLCOM, copy furnished the Chief, PNP, within the reglementary period mentioned in paragraph (1) hereof. The same shall state the date appellant received the official copy of the decision, the grounds relied upon, the arguments in support thereof and the relief prayed for. HESIcT

3. Within five (5) days from receipt of the notice of appeal, the Office of the Chief, PNP shall forward the original records of the case to the NAPOLCOM which shall be systematically and chronologically arranged, paged and securely bound to prevent loss.

4. In case the Memorandum of Appeal was sent thru mail, the appeal shall be deemed perfected at the time the sane was mailed as shown by the postmark on the registered envelope which shall be attached to the records of the case.

 In case of personal delivery, the appeal shall be deemed perfected on the date of the actual delivery of the notice of appeal as appearing on the stamped date of receipt thereon.

5. The decision of the NAPOLCOM, whether confirming or reversing an appealed decision to terminate the services of a PNP member is final and executory. Provided that, in case a decision of the Chief, PNP terminating the services of a PNP member is reversed, the latter shall be reinstated into the service in the position and rank last held and shall be entitled to all back salaries and allowances during the period that he was out of service; Provided, that said member shall be made to complete the remaining probationary period which was interrupted as a result of his aforementioned case.

SECTION XII. Effectivity.—

This Circular shall take effect after fifteen (15) days from the filing of a copy hereof at the University of the Philippine 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 14th day of October in the Year Two Thousand and Three, in Makati City, Metro Manila, Philippines.

(SGD.) JOSE D. LINA, JR.Chairman, NAPOLCOM

(SGD.) LINDA L. MALENAB-HORNILLACommissioner

(SGD.) CELIA SANIDAD-LEONESCommissioner

(SGD.) MIGUEL G. CORONELCommissioner

(SGD.) HERMOGENES E. EBDANE, JR.Commissioner

Attested by:

(SGD.) ADELMAYN A. MUNIEZAActing Chief, Secretariat