Guidelines and Procedures for the Granting of Special Financial Assistance (SFA) to the Family or Beneficiary of Any Pnp Uniformed Personnel Killed in Police Operation (KIPO) and/or Permanently Incapacitated PNP Uniformed Personnel in Accordance with Republic Act No. 6963

May 12, 2017

PNP MEMORANDUM CIRCULAR NO. 2017-037

GUIDELINES AND PROCEDURES FOR THE GRANTING OF SPECIAL FINANCIAL ASSISTANCE (SFA) TO THE FAMILY OR BENEFICIARY OF ANY PNP UNIFORMED PERSONNEL KILLED IN POLICE OPERATION (KIPO) AND/OR PERMANENTLY INCAPACITATED PNP UNIFORMED PERSONNEL IN ACCORDANCE WITH REPUBLIC ACT NO. 6963

1. REFERENCES:

a. Republic Act (RA) No. 6963 dated September 4, 1990 entitled "An Act Granting Special Financial Assistance and Benefits to the Family orBeneficiary of any Police or Military Personnel or Fireman Killed or Permanently Incapacitated while in the Performance of His Duty or by Reason of his Office or Position and for other Purposes";

b. Pronouncement of the President of the Republic of the Philippines during his inaugural speech at Malacañan Palace on June 30, 2016 pertaining to the establishment of guidelines and procedures that will ensure prompt delivery of services in all government agencies; cSEDTC

c. NAPOLCOM Memorandum Circular No. 2016-002 dated March 7, 2016 entitled "Revised Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police";

d. NAPOLCOM Board of Officers Resolution No. 8 dated February 26, 1992 entitled "Resolution Establishing a Retirement and Separation Benefit System for the Uniformed Personnel of the Philippine National Police."

e. PNP Memorandum Circular No. 2016-061 dated October 3, 2016, entitled "Guidelines and Procedures in the Expeditious Submission of Investigation Report, Line of Duty Status Report, and other pertinent documents of the Deceased PNP Uniformed Personnel"; and

f. PNP Circular No. 2007-002 dated March 20, 2007 entitled "Institution of Special Financial Assistance from the President's Social Fund to Personnel Killed, Missing or Wounded in the Police Operations."

2. PURPOSE:

This Memorandum Circular (MC) shall establish the guidelines and procedures for the expeditious processing of claims for Special Financial Assistance (SFA) under RA No. 6963 of PNP Uniformed Personnel or their beneficiaries.

3. DEFINITION OF TERMS:

a. Commutation of Accrued Leave (CAL)/Terminal Leave (LV) — refers to benefits given based on the total number of unused leave credits accumulated by the PNP personnel from the time he entered the service up to his/her termination of service.

b. Certificate of Declared Legal Beneficiary (CDLB) — refers to the document issued by the Directorate for Personnel and Records Management (DPRM) or Regional Personnel and Human Resource Development Division (RPHRDD) containing the list of the declared legal beneficiaries of a PNP personnel/retiree.

c. Certificate of Legitimate Operation — refers to a document signed by the Unit Director certifying the legitimacy of the police operation.

d. Family/beneficiary — refers to the surviving legal spouse and his or her legitimate children or parents, or brothers and sisters, or aunts and uncles, in that respective order. Provided, that, if the police personnel is a Muslim, the pertinent provisions of the Code of Muslim Personal Laws (Shari'a) shall apply. AIDSTE

e. Immediate Supervisor (IS) — refers to the Police Commissioned Officer who has direct supervision and control over his/her subordinate personnel.

f. Killed in Police Operation (KIPO) — refers to PNP uniformed personnel who were killed in the actual performance of duty or by reason or on account of previous discharge of function.

g. Permanently Incapacitated — refers to PNP uniformed personnel who is incapacitated by a permanent physical or mental health problem that prevents him from rendering police operational and administrative functions.

h. Police Operations — refers to police duties related to public safety operation, law enforcement operation, internal security operation, special police operation, intelligence operation, investigation operation, and scene of the crime operation.

i. Special Financial Assistance (SFA) under RA No. 6963 — refers to cash remuneration given to PNP uniformed personnel killed or permanently incapacitated as a result of police operation equivalent to the average of six (6) months salary, including allowances and bonuses, during the last twelve (12) months preceding the death or permanent incapacity of the PNP uniformed personnel.

j. Spot Report — refers to an immediate initial investigation or incident report addressed to higher headquarters pertaining to the commission of the crime, occurrence of natural or manmade disaster or unusual incident involving loss of lives and damage to properties.

k. Survivor Officer (SO) — refers to a PNP Uniformed Personnel duly designated by the Chief of Office/Unit Commander, through the Chief, Regional Personnel and Human Resource Development Division (RPHRDD)/Administrative Officer to assist the family or beneficiary of the deceased PNP Uniformed Personnel.

4. GUIDELINES:

a. Procedures:

1) National Headquarters (NHQ)/National Support Units (NSUs)

a) Within 24 hours from the occurrence of an incident resulting in the death or permanent incapacity of a uniformed personnel as a result of police operation, the following should be undertaken by the concerned personnel: SDAaTC

a.1) The Immediate Supervisor shall submit a Spot Report to the Unit Director for the issuance of the Certificate of Legitimate Operation, processing of the Death Certificate/Medical Certificate by the Administrative and Resource Management Division (ARMD) and immediately designate a Survivor Officer who shall act as liaison of the claimant.

a.2) The Survivor Officer shall assist the family/beneficiary to open an LBP ATM Pension Account to be used for the crediting of the SFA Claim and other death benefits entitlement.

a.3) The Unit Director shall issue a Certificate of Legitimate Operation.

a.4) The Chief, ARMD shall secure the following documentary requirements for SFA claims and send the same through email or/and fastest means to the Directorate for Comptrollership (DC) (Attn: Accounting Division), and copy furnished the Directorate for Personnel and Records Management (Attn: Morale Welfare Division):

• Unit Endorsement (Unit);

• Certificate of Legitimate Operation (Unit Director); and

• Spot Report (Immediate Supervisor).

b) Within 24 hours from the receipt of the validated documents through e-mail from the C, ARMD the following should be undertaken:

b.1) Accounting Division, DC will compute the amount of SFA claim.

b.2) The Fiscal Division and Budget Division, DC will initiate the preparation of the Notice of Fund Availability (NFA), the transfer of Notice of Cash Allocation (NCA), and shall provide Checking Account Section, Disbursement Division, Finance Service (CAS, DD, FS) a copy of the NFA signed by Chief, Accounting Division and Director, DC.

b.3) DPRM shall request for validation of the Legitimacy of Police Operation from the Intelligence Group.

b.4) ARMD in coordination with their Finance PNCO shall prepare the Disbursement Voucher (DV) indicating therein the ATM Pension Account of the claimant together with the following requirements in original copies to be submitted to the Budget and Fiscal Office, Directorate for Personnel and Records Management (BFO, DPRM):

• Certificate of Legitimate Operation (Unit Director);

• Spot Report (Immediate Supervisor); and

• Certificate of Declared Legal Beneficiaries (Records Management Division, DPRM). AaCTcI

b.5) BFO, DPRM shall process the DV/ensure completeness and correctness of the required documents and forward the same to DC for processing.

b.6) DC shall conduct pre-audit of the documents, check its validity and reflect it in their book of accounts. Accounting Division, DC shall forward the processed DV together with its original documents to CAS, DD, FS for the preparation of check/ADA payable to the claimant.

c) Within 24 hours upon the receipt of the processed DV from Accounting Division, DC, the CAS, DD, FS shall prepare the check or ADA whichever is applicable, to expedite its release. Further, the DV shall be appropriately marked to signify its priority among other claims.

d) CAS, DD, FS shall forward the documentary requirements to DC thru ARMD.

e) After the release of benefits, the following shall be performed:

e.1) ARMD shall forward all original documentary requirements to Accounting Division, DC to include the following documents for subsequent submission to the Commission on Audit (COA) for post audit:

• Medical Certificate (for Permanently Incapacitated);

• Death Certificate (Local Civil Registrar); and

• Validation on Legitimacy of Operation from Intelligence Group.

2) Police Regional Offices (PROs)

a) Within 24 hours from the occurrence of an incident resulting in the death or permanent incapacity of uniformed personnel as result of police operation, the following should be undertaken by the concerned personnel:

a.1) The Immediate Supervisor shall submit a Spot Report to the Regional Director for the issuance of the Certificate of Legitimate Operation, process the Death Certificate/Medical Certificate for subsequent submission to the Moral Welfare Section (MWS), RPHRDD, and immediately designate a Survivor Officer who shall act as liaison of the claimant. acEHCD

a.2) The Survivor Officer shall assist the family/beneficiary to open an LBP ATM Pension Account to be used for the crediting of the SFA Claim and other death benefits entitlement.

a.3) The Regional Director shall issue a Certificate of Legitimate Operation.

a.4) C, MWS, RPHRDD shall secure the following documentary requirements for SFA claim and send through email or fastest means to DC (Attn: Accounting Division) and copy furnished DPRM (Attn: Morale Welfare Division):

• Unit Endorsement (Unit);

• Certificate of Legitimate Operation (Unit Director); and

• Spot Report (Immediate Supervisor).

b) Within 24 hours from the receipt of the documents through e-mail

from the C, MWS, RPHRDD, the following should be undertaken:

b.1) Accounting Division, DC will compute the amount of SFA claim.

b.2) The Fiscal Division and Budget Division, DC will initiate the preparation of NFA and transfer of NCA, respectively.

b.3) Fiscal Division, DC will send through e-mail or/any fastest means to Regional Comptrollership Division (RCD) a copy of the NFA signed by Chief, Accounting and Director, DC. Then, Budget Division, DC will facilitate the Notice to Transfer Allocations from LBP-Crame to LBP-Regional Office.

b.4) DPRM shall request for validation of the Legitimacy of Police Operation from the Intelligence Group.

b.5) MWS, RPHRDD in coordination with their Unit Finance PNCO shall prepare the Disbursement Voucher indicating therein the ATM Pension Account of the claimant together with the original requirements to be submitted to the RCD for pre-audit and examination of the completeness and correctness of the documents attached.

• Certificate of Legitimate Operation (Unit Director);

• Spot Report (Immediate Supervisor); and

• Certificate of Declared Legal Beneficiaries (RPHRDD). EcTCAD

b.6) RCD to check the validity of the claim, reflect it in their book of accounts/Journal Entry Voucher (JEV) and forward the processed DV together with its supporting documents to the Regional Finance Service Office (RFSO) for the preparation of check/ADA payable to the claimant.

c) Within 24 hours upon receipt of the processed DV from Accounting Division, DC, the CAS, DD, FS shall prepare the check or ADA, whichever is applicable, to expedite its release. Further, the DV shall be appropriately marked to signify its priority among other claims.

d) After the release of benefits, the following shall be performed:

d.1) RFSO shall abstract the DVs together with the supporting documents and submit the same to RCD.

d.2) RCD shall forward all original documentary requirements to BFO, DPRM to include:

• Medical Certificate (for Permanent Incapacity);

• Death Certificate (Local Civil Registrar); and

• Validation on Legitimacy of Operation from the Intelligence Group.

d.3) DPRM shall endorse the NFA request to DC for issuance.

d.4) DC shall forward the documentary requirements with the original issued NFA to RCD for post COA audit.

b. General Guidelines:

1) The claim for benefits of the family/beneficiary of the personnel killed in police operation or permanently incapacitated under RA No. 6963 shall be prioritized. It shall be released to the beneficiary or PNP uniformed personnel within three (3) days from issuance of a Certificate of Legitimate Operation by the Unit Director or Medical Certificate by the Attending Physician or Medical Officer, in the case of permanently incapacitated uniformed personnel.

2) The family/or beneficiary of PNP uniformed personnel who was killed in the performance of his duty or who became permanently incapacitated is entitled to the benefits under RA No. 6963 provided that the personnel has not committed any crime or human rights violations by final judgment on such occasion.

3) For PNP uniformed personnel killed in the performance of duty or who was permanently incapacitated, the following are authorized to be granted pursuant to the provisions of RA No. 6963: SDHTEC

a) Average six (6) months salary including allowances and bonuses, during the last twelve (12) months preceding the death or permanent total disability of the uniformed personnel;

b) Reimbursement of reasonable expenses for medicines, medical attendants, hospital fees, necessary transportation and subsistence, if same had not been paid by the National Police Commission; and

c) Restoration of deducted leave credits for absences incurred in line of duty.

4) For purposes of claiming benefits under RA No. 6963, the list of medical conditions and injuries for personnel who are permanently incapacitated is attached as Annex "A".

5) The Medical Certificate shall only be issued by the Medical Officer of the PNP Health Service (HS) or Regional Health Service (RHS) within the area of responsibility, or the nearest Medical Officer of HS where the police operation/incident transpired. In areas where there is no PNP Medical Officer, the attending physician may issue the Medical Certificate to be validated by the Medical Officer from the PNP Health Service or Regional Health Service.

6) Those PNP Uniformed Personnel certified to be permanently incapacitated shall be referred to the Total Permanent Physical Disability (TPPD) Board for processing.

7) If, after validation of the Intelligence Group, it was found that the deceased or permanently incapacitated PNP Uniformed Personnel did not die or sustain injury during a legitimate police operation, then the amount released for the SFA claim shall be deducted from his/her retirement benefits. The Immediate Supervisor or Unit Director who issued the Spot Report and Certificate of Legitimate Operation shall be held liable for this infraction under existing rules and regulations.

5. PENALTY CLAUSE:

Any PNP personnel who will be found to have violated any of the provisions set forth in this MC shall be administratively charged pursuant to NAPOLCOM Memorandum Circular No. 2016-002 and other relevant Civil Service rules and regulations. HSAcaE

6. REPEALING CLAUSE:

All existing PNP directives and other issuances which are contrary to or inconsistent with the provisions of this MC are hereby rescinded or modified accordingly.

7. SEPARABILITY CLAUSE:

Any portion of this MC declared unconstitutional or inconsistent with the organic law shall not affect the validity of other provisions.

8. EFFECTIVITY:

This MC shall take effect after fifteen (15) days from filing a copy thereof at the UP Law Center in consonance with Section 3, Chapter 2, Book VII, Executive Order No. 292 otherwise known as the "Revised Administrative Code of 1987," as amended.

(SGD.) RONALD M. DELA ROSAPolice Director GeneralChief, PNP

ANNEX A

The following are the lists of injuries and medical conditions which may be considered for permanent incapacity:

1. INJURIES RESULTING IN THE PERMANENT LOSS OF:

a. One thumb;

b. One index finger;

c. One middle finger;

d. One ring finger;

e. One little finger;

f. One big toe;

g. Any toe;

h. One arm;

i. One hand;

j. One foot;

k. One leg;

l. One ear;

m. Hearing of one ear;

n. Hearing of both ears;

o. Sight of one eye; and

p. One eyeball.

2. INJURIES RESULTING TO:

a. Diffuse axonal injury;

b. Penetrating and perforating head wounds;

c. Paralysis of any part of the face and body;

d. Complete motor and sensory loss; AScHCD

e. Loss of major abdominal organ (to include but not limited to spleen, kidney, lungs);

f. Loss or absence of the bony substance of the skull not successfully corrected by reconstructive materials, or leaving residual defect in excess of 1 square inch or the size of a 25-centavo coin; and

g. All GSW's in the spine with neurologic deficits

 Spinal Cord:

1) Complete cord transaction; and

2) Spinal Cord hemi section (Brown Sequard syndrome).