Guidelines and Procedures in Expeditious Submission of Investigation Report and Other Pertinent Documents of Deceased PNP Uniformed Personnel
The PNP Memorandum Circular No. 061-16 establishes guidelines for the prompt submission of Investigation Reports and Line of Duty (LOD) Status Reports concerning deceased PNP uniformed personnel to expedite the release of benefits to their families. It outlines the responsibilities of various offices and units within the PNP, ensuring the timely processing of necessary documentation for benefits claims, such as death pensions and special financial assistance. The Circular emphasizes the presumption that a PNP member dies in the line of duty unless proven otherwise and mandates the formation of LOD Boards for deliberations on such cases. Additionally, it designates Survivor Officers to assist bereaved families in navigating the claims process. Non-compliance with these guidelines may result in penalties as per relevant civil service rules.
October 3, 2016
PNP MEMORANDUM CIRCULAR NO. 061-16
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
1. REFERENCES:
a. Pronouncement of the President of the Republic of the Philippines during his inaugural speech at Malacañang Palace on June 30, 2016 pertaining to establishing guidelines and procedures that will ensure prompt delivery of services in all government agencies;
b. Republic Act (RA) No. 6963 dated September 4, 1990 entitled "An Act Granting Special Financial Assistance and Benefits to the Family or Beneficiary 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";
c. RA No. 8551 dated February 25, 1998 entitled "An Act Providing for the Reform and Reorganization of the Philippine National Police and for other Purposes, amending certain Provisions of Republic Act numbered Sixty-Nine Hundred and Seventy-Five Entitled, "An Act Establishing the Philippine National Police under a re-organized Department of the Interior and Local Government, and for other Purposes";
d. PNP Circular No. 2007-002 dated March 20, 2007 entitled "Institutionalization of Special Financial Assistance from the President's Social Fund to Personnel Killed, Missing, or Wounded in Police Operations";
e. RA No. 10154 entitled "An Act Requiring All Government Agencies to Ensure the Early Release of the Retirement Pay, Pensions, Gratuities and Other Benefits of Retiring Government Employees";
f. Civil Service Commission (CSC) Resolution No. 1300237 dated January 30, 2013 entitled "Implementing Rules and Regulations (IRR) of RA 10154" as amended by CSC Resolution No. 1302242 dated October 1, 2013 entitled "Amendments to Implementing Rules and Regulations of RA 10154 Otherwise Known as An Act Requiring All Concerned Government Agencies to Ensure the Early Release of the Retirement Pay, Pensions, Gratuities and Other Benefits of Retiring Government Employees"; ICHDca
g. Department of Budget and Management Budget Circular No. 2013-1 dated April 12, 2013 entitled "Guidelines Prescribing the Documentary Requirements and Procedures in Processing/Payment of Retirement Benefits of Government Employees";
h. NAPOLCOM Resolution No. 2010-202 dated August 5, 2010 entitled "Approving the Activation of the PNP Retirement and Benefits Administration Service";
i. PNP NHQ General Orders No. 09-12 dated August 5, 2010 entitled "Activation of the PNP Retirement and Benefits Administration Service (PRBS)";
j. NAPOLCOM Board of Officers Resolution (BOR) No. 8 dated February 28, 1992 entitled "Resolution Establishing a Retirement and Separation Benefit System for the Uniformed Personnel of the Philippine National Police";
k. NAPOLCOM Resolution No. 2010-210 dated August 9, 2010 entitled "Approving the Restructuring of the PNP Finance Service (PNPFS)"; and
l. PNP Memorandum Circular (MC) No. 2014-14 dated April 28, 2014 entitled "Guidelines to Ensure the Early Release of Retirement Pay, Pensions, Gratuities, and Other Benefits of Retiring PNP Personnel."
2. RATIONALE:
It is the commitment of the PNP to provide expeditious release of benefits to the family of deceased PNP uniformed personnel, through the timely submission of Investigation Report, Line of Duty (LOD) Status Report, and other pertinent documents, in recognition of their dedication to the service and country.
3. PURPOSE:
This MC provides the guidelines and procedures for the prompt submission of Investigation Report, LOD Status Report, and other pertinent documents for the speedy processing and release of benefits for the dependents of the deceased PNP uniformed personnel.
4. OBJECTIVES:
This MC aims to:
a. Expedite submission of Investigation Report, LOD Status Report, and other pertinent documents; and
b. Define the responsibilities of all offices/units/persons tasked to provide adequate support for its immediate implementation.
5. DEFINITION OF TERMS:
a. Certificate of Declared Legal Beneficiary (CDLB) — refers to the document issued by the Directorate for Personnel and Records Management (DPRM) containing the list of declared legal beneficiaries of PNP personnel/retiree;
b. 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;
c. Death Benefit Claims — refer to or any of the following: Commutation of Accrued Leave (CAL)/Terminal Leave (LV), Death Pension, Special Financial Assistance (SFA) under RA No. 6963 and Special Financial Assistance from the President's Social Fund (PSF-SFA);
d. Death in the Line of Duty — refers to death that was caused while in the performance of official duty or occasioned by a fortuitous event, force majeure, or any other act of a third party without fault or negligence attributable to the deceased personnel. Provided, that, where the death was due to the personnel's own act, the latter must not be self-inflicted or abetted by his/her gross negligence, alcoholism, drug addiction, or abuse of authority. Provided, further, that the phrase "line of duty" shall include going to and coming from his/her office or while on leave or on administrative mission. Provided, finally, that any doubt as to whether or not the death of the personnel is in the line of duty or by reason of his/her office or position shall be decided in his/her favor;
e. Death Pension — refers to the monthly pension given to the beneficiary/ies of PNP uniformed personnel who were posthumously retired or separated from the PNP service;
f. Declared Legal Beneficiaries (DLB) — refer to the dependents and legal beneficiaries declared by the PNP personnel;
g. Immediate Supervisor (IS) — refers to the Police Commissioned Officer (PCO) who has direct supervision and control over his/her subordinate personnel;
h. Killed in Police Operation (KIPO) — refers to PNP Personnel who were killed in the actual performance of duty or by reason or on account of previous discharge of function;
i. Line-of-Duty (LOD) Board — refers to set of PNP uniformed personnel delegated with authority to conduct deliberation and determination of status of PNP uniformed personnel who died in the course of performing police functions while on or off duty;
j. Line-of-Duty (LOD) Status Report — refers to the result of deliberation in the form of resolution by the Line-of-Duty Board which determines whether the PNP uniformed personnel died in line of duty or not;
k. Police Operations — refer 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; TCAScE
l. Presidential Social Fund-Special Financial Assistance (PSF-SFA) — refers to cash remuneration from the President, through the Presidential Management Staff, which is a commitment from the President to all police operation casualties who have been missing, killed, or wounded, and whose injury may either be classified as major or minor injury. This benefit claim is not part of the regular benefit claims of PNP personnel but only subject to the President's discretionary fund;
m. Special Financial Assistance under RA No. 6963 — refers to cash remuneration given to PNP personnel killed while in police operation equivalent to average six months salary, including allowances and bonus, during the last 12 months preceding the death of the personnel;
n. Spot Report — refers to an immediate initial investigative 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;
o. Survivors — refer to person/s as defined in NAPOLCOM BOR No. 8 amended by NAPOLCOM Resolution No. 2007-376;
p. Survivor Benefits — refer to the benefits transferred to the declared beneficiary upon the death of PNP personnel while in the active service; and
q. Survivor Officer (SO) — refers to a PNP 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, whether posthumously retired or separated, in securing the documents/data required which are deemed necessary in the processing for the payment of death benefit claims.
6. GUIDELINES:
a. General Guidelines
1) A PNP uniformed personnel is presumed to have died while in the line of duty or while performing his official function unless proven otherwise during the LOD Board proceedings;
2) There shall be a LOD Board for each office/unit in the NHQ PNP and each for National Support Units (NSUs), Police Regional Offices (PROs), Police Provincial Offices (PPOs), and City Police Offices (CPOs) to deliberate and determine the LOD status of deceased PNP uniformed personnel in their respective offices/units. For the National Capital Region Police Office (NCRPO), each Police District shall have its own LOD Board. The organizational structure of the LOD Board is hereto attached (see Annex "A");
3) In the case of the NHQ Command Group and P-Staff, an ad hoc LOD Board shall be created similar to the LOD Board structure of the D-Staff to deliberate and determine the LOD status of their deceased PNP uniformed personnel;
4) A PCO such as legal officer, intelligence officer, or any other personnel, may be invited during LOD proceedings to serve as resource person as deemed necessary;
5) It is the responsibility of the LOD Board of the respective PROs/PPOs/CPOs to deliberate and determine the LOD status of deceased PNP uniformed personnel assigned at the Regional Headquarters and Regional Public Safety Battalion and of subordinate police stations/precincts and public safety forces;
6) Appropriate orders for the activation of the LOD Board shall be immediately issued once the reported death of active uniformed personnel is confirmed. Such death confirmation shall commence the process flow for the expeditious submission of Investigation Report, Line of Duty Status Report, and other pertinent documents of the deceased PNP uniformed personnel (see Annex "B"); and
7) A "female survivor officer" for widows and "male survivor officer" for widowers shall be designated, to assist the beneficiary/ies of the deceased PNP uniformed personnel until all benefits are received by the beneficiary/ies.
b. Procedures
1) Upon confirmation of the death of a PNP uniformed personnel, the supervising Commander or Head of office where the incident transpired shall submit a Spot Report to the concerned PPO/CPO/PRO/NSU/NHQ copy furnished the National Operations Center within an hour through fastest means of communication;
2) The Head of office where the incident transpired shall submit the Investigation Report (IR) to the concerned PPO/CPO/PRO/NSU/NHQ within 72 hours for the activation of the LOD Board;
3) The Head of office of the deceased PNP uniformed personnel shall designate a Survivor Officer and an assistant (female assistant for female "SO" and male assistant for male "SO");
4) The LOD Board shall convene, deliberate, and render report to the approving authority (see Annex "A") and shall immediately forward the same to RPHRDD/Administrative and Resources Management Division (ARMD)/Admin Office within 48 hours upon receipt of the copy of the Investigation Report. Likewise, the board or the Head of office shall see to it that the SO is furnished with the copy of the LOD Status Report (see Annex "C"); and cTDaEH
5) The Head of office of the deceased PNP uniformed personnel shall be held responsible for whatever the SO does and fails to do in facilitating the completion of pertinent documents needed for the claim of death benefits (see Annex "D").
c. Responsibilities
1) Districts of NCRPO/PPO/CPO
a) Activate and convene LOD Board within its jurisdiction;
b) Identify and designate SOs in adherence to the requirements of this MC;
c) Recommend the conferment of appropriate award to the SO after the completion of his/her task; and
d) Perform other tasks as directed.
2) PROs/NSUs
a) Activate and convene LOD Board within its jurisdiction;
b) Ensure prompt issuance of posthumous order upon receipt of Investigation Report;
c) Identify and designate SOs in adherence to the requirements of this MC;
d) Confer appropriate award to the SO after the completion of his/her task; and
e) Perform other tasks as directed.
3) DPRM
a) OPR in the implementation of this MC;
b) Ensure the issuance of a directive to all PNP offices/units that all PNP personnel are required to submit updated CDLB attaching the original/authenticated documentary requirements;
c) Issue appropriate orders for the implementation of this MC; and
d) Perform other tasks as directed.
4) DO
a) Ensure prompt submission through their Regional Operations and Plans Divisions and Operations Management Divisions the Spot/Incident Report, After Operations Report and Certification of Legitimate Operation by concerned offices/units and render report to the Command Group copy furnished DPRM to determine the entitlement for awards/recognition and other benefits; and
b) Perform other tasks as directed.
5) DL
a) Ensure prompt release of DL clearance; and
b) Perform other tasks as directed.
6) DC
a) Ensure prompt release of DC clearance;
b) Ensure immediate fund request for death pension benefit claims; and
c) Perform other tasks as directed.
7) PRBS
a) Ensure the conduct of quarterly program/trainings/seminars targeting PNP personnel (PCOs and Police Non-Commissioned Officers) in all police offices/units nationwide to ensure that these personnel have knowledge in processing PNP claims and benefits prior to their accreditation as Survivor Officer;
b) Ensure the immediate processing of all benefit claims upon receipt of the complete documents and endorse the same to DC within the prescribed period; and
c) Perform other tasks as directed.
8) FS
a) Ensure the prompt issuance of Certificate of Last Payment;
b) Ensure the prompt payment of processed death benefit claims due to the beneficiary/ies of the deceased PNP uniformed personnel; and
c) Perform other tasks as directed.
9) Survivor Officer and Assistant Survivor Officer
a) Assist the bereaved family of the deceased PNP uniformed personnel;
b) Facilitate the collection and submission to RPHRDD/ARMD/Admin Office of all the pertinent documents (see Annex "D") for filing and timely release of death claims;
c) Provide the family of the deceased the name and contact number of the Chief of Police/Head of Office/Unit; cSaATC
d) Regularly liaise with the bereaved family to update them on the status of the processing of the benefits due to them;
e) Maintain close coordination with RPHRDD/ARMD/Admin Office and liaison officer of concerned units; and
f) Render a written report to the Head of office indicating that he/she has submitted all the required documents for the benefit claims to appropriate office within the timetable set in this MC; and
g) Perform other tasks as directed.
d. Coordinating Instructions
1) Head of office of the deceased PNP uniformed personnel shall ensure the activation of the LOD Board within his jurisdiction.
2) Head of office of the deceased PNP uniformed personnel shall notify the family, police organizations, and other entities (APOLE, PNPAAAI, PCAI, PSMBFI, etc.) regarding the death of a PNP uniformed personnel for the prompt delivery of applicable entitlements due to the beneficiary/ies; and
3) Head of office of the deceased PNP uniformed personnel to ensure the submission within 24 hours of the following documentary requirements for Presidential Social Fund-Special Financial Assistance to [email protected], [email protected], [email protected] and [email protected]:
a) Spot Report signed by the immediate supervisor/head of office;
b) Certificate of Declared Legal Beneficiary signed by the Regional Director (RD), PRO/Dir, NSU; and
c) Certificate of Legitimate Operation signed by RD, PRO/Dir, NSU.
7. PENAL PROVISIONS:
Any violation/s hereof shall be dealt with accordingly pursuant to NAPOLCOM Memorandum Circular No. 2016-002 and other relevant Civil Service rules and regulations.
8. EFFECTIVITY:
This MC shall take effect after 15 days from filing a copy thereof at the UP Law Center in consonance with Section 3, Chapter 2, Book VII of Executive Order No. 292 otherwise known as "The Revised Administrative Code of 1987," as amended.
(SGD.) RONALD M. DELA ROSAPolice Director General
ANNEX A
Composition of Line of Duty Board
| Police Provincial Office/City Police Office LOD Board | |||
| DPDA/DCDA | - | Chairman | |
| Chief, POPB | - | Vice Chairman | |
| Chief, PIDMB | - | Member | |
| Chief, PHO (or equivalent) | - | Member | |
| PESPO | - | Member | |
| Chief, Admin Branch | - | Secretariat | |
| (Provincial/City Director as approving authority) | |||
| NCRPO Police District | |||
| DDDA | - | Chairman | |
| Chief, DOPD | - | Vice Chairman | |
| Chief, DIDMD | - | Member | |
| Chief, Medico Legal/CLO | - | Member | |
| DESPO | - | Member | |
| Chief, DPHRDD | - | Secretariat | |
| (District Director as approving authority) | |||
| Police Regional Offices LOD Board | |||
| DRDA | - | Chairman | |
| ROPD | - | Vice Chairman | |
| Chief, RIDMD | - | Member | |
| Chief, RHS | - | Member | |
| RESPO | - | Member | |
| Chief, RPHRDD | - | Secretariat | |
| (Regional Director as approving authority) | |||
| National Support Units LOD Board | |||
| DDA | - | Chairman | |
| Chief of Staff | - | Vice Chairman | |
| One Division Chief | - | Member | |
| Chief, ARMD | - | Member/Secretariat | |
| ESPO | - | Member | |
| (NSU Director as approving authority) | |||
| NHO PNP LOD Board (per Directorate) | |||
| Executive Officer | - | Chairman | |
| Senior Division Chief | - | Vice Chairman | |
| Division Chief of concerned personnel | - | Member | |
| HS Rep (MD) | - | Member | |
| Chief Clerk | - | Member | |
| Administrative Officer | - | Secretariat | |
| (Respective Directors as approving authority) |
ANNEX B
PROCESS FLOW
ANNEX C
TIMELINE IN THE SUBMISSION OF INVESTIGATION REPORT AND LINE OF DUTY STATUS REPORT FOR DECEASED ACTIVE PNP UNIFORMED PERSONNEL
|
STEPS
|
ACTIVITY
|
Timeline
|
|
1
|
a. Upon confirmation of the death of a PNP uniformed personnel, the supervising Commander or Head of office where the incident transpired shall submit Spot Report to the concerned PPO/CPO/PRO/NSU/NHQ copy furnish NOC within an hour through fastest means of communication |
72 hours
|
| b. The Head of office where the incident transpired shall submit the Investigation Report (IR) to the concerned PPO/CPO/PRO/NSU/NHQ | ||
| c. The Head of office of the deceased PNP uniformed personnel shall designate a Survivor Officer and an assistant | ||
|
2
|
a. The mother unit shall convene the LOD Board |
48 hours
|
| b. LOD Board shall conduct proceeding and render report | ||
| c. Approval of the LOD Status report by the approving authority and forward the same to RPHRDD/ARMD/Admin Office for proper disposition | ||
| Total |
120 hours
|
|
|
(5 days)
|
ANNEX D
Checklist of Death Benefit Claims