Guidelines and Procedures in the Grant of Special Promotion of Uniformed Personnel of the Philippine National Police (PNP)

2009

PNP CIRCULAR NO. 019-09

 

1. References:

a. Section 33 (b) of Republic Act No. 8551;

b. NAPOLCOM Memorandum Circular No. 2008-002 dated January 21, 2008, subject: "Amending Memorandum Circular No. 2007-003 entitled Amending Memorandum Circulars No. 98-03 and 98-012 Relative to the Grant of Special Promotion to PNP Uniformed Personnel";

c. NAPOLCOM Memorandum Circular No. 2007-003 dated May 26, 2007, subject: "Amending Memorandum Circulars No. 98-013 and 98-012 Relative to the Grant of Special Promotion to PNP Uniformed Personnel";

d. NAPOLCOM Memorandum Circular No. 2008-009 dated May 5, 2008, subject: "Prescribing the Guidelines and Sequential Procedures on the Issuance of Appointments Under Special Promotion"; and

e. PNP Memorandum Circular No. 2005-005 dated May 13, 2005, subject: "Guidelines and Procedures Governing the Grant of Special Promotions to PNP Uniformed Personnel".

2. Scope/Coverage:

This Circular shall only cover the special promotion of second level PNP uniformed personnel (PO1 to PSUPT) who have exhibited acts of conspicuous courage and gallantry at the risk of life above and beyond the call of duty. IDCScA

3. Objectives:

This circular aims to:

a. To institutionalize a system in the grant of special promotion to second level PNP uniformed personnel that is time bound and ensure that the guidelines set forth are uniformly applied in all levels of the command;

b. Inspire and promote the spirit of heroism, dedication, hard work, devotion to duty, and active involvement in public service;

c. Ensure fairness and consistency in the grant of special promotion or appropriate award to deserving PNP uniformed personnel and institutionalize the spirit of prompt recognition; and

d. Enable the PNP Special Promotion, Awards and Decorations Board (SPADB) to evaluate properly and objectively all applications for special promotion.

4. Definition of Terms:

a. Special Promotion — is a promotion to the next higher rank or position as provided for under Section 33 of Republic Act 8551, validated by the Commission and satisfies the criteria set forth by this circular.

b. Promotion — is the conferment to the next higher rank with an increase in duties and responsibilities as authorized by law, usually accompanied by the corresponding increase in salary.

c. Second level ranks — shall mean from the ranks of Police Officer 1 to Senior Police Officer 4 for Police Non-Commissioned Officers (PNCOs) and from Police Inspector to Police Superintendent for Police Commissioned Officers (PCOs).

d. Commission — shall mean the National Police Commission (NAPOLCOM). EcIaTA

e. Personal bravery — extreme courage or resoluteness manifested by a specific person while, alone or together with his group or association, tackling a physically existing danger, risk or difficulty.

f. Courage — the most general term, indicating fearlessness and determination, whether physical, mental, or moral, against a wide range of difficulties or dangers.

g. Fearlessness — a term similar to bravery, but less commonly used.

h. Nerve — coolness and steadiness, sometimes with the suggestion of calculated risk-taking.

i. Guts — a widely used slang term suggesting boldness or fortitude when faced with a difficult or potentially dangerous situation.

j. Self-sacrifice — giving up of personal interest for a higher sense of duty in order to benefit others. It is synonymous to altruism, selflessness, self-denial and martyrdom.

k. Above and beyond the call of duty — the voluntary, conscientious, civic and legally interfering undertaking that is not demanded anymore by a police officer's basic tasks. It is characterized by the demand of necessity to save life and property and implored by one's sense of righteousness. At times, this undertaking may be complementary to an existing activity performed by another person, group or agency. Nonetheless, its value does not diminish in anyway.

l. Conspicuous — visible, obvious, striking, prominent and distinct.

m. More than ordinary hazardous service — act done characterized by the presence of an extremely dangerous situation that is threat to life and limb.

n. Act of heroism or heroic act — the acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty. cHSIDa

5. Policies:

a. The grant of special promotion must always be in accordance with the provision of Section 33 of Republic Act No. 8551. Validation of the heroic and meritorious acts shall be done by the National Police Commission, jointly with the PNP;

b. Only "on the spot" special promotion conferred by the President of the Republic of the Philippines shall be exempted from the validation of NAPOLCOM. The issuance of promotion orders shall immediately be undertaken by the PNP with the corresponding individual appointment (KSS Form Blg. 33) for signature by the Appointing Authority to be submitted to the Civil Service Commission for attestation. For documentation purposes, the SPADB and NAPOLCOM shall likewise issue the corresponding resolution;

c. Only police officers in the second level that is from the rank of Police Officer 1 to Police Superintendent shall be granted special promotion. There shall be no special promotion for third level ranks (PSSUPT to PDG);

d. The qualification standards for promotion i.e., education, eligibility, training and experience/time-in-grade shall be waived;

e. To be fully effective, the grant of special promotion should be timely, submission of which to the NHQ SPADB shall be within six (6) months from the date of the accomplishment/meritorious act otherwise the application for promotion shall be disapproved;

f. The NHQ SPADB shall have a maximum of three (3) months to process the same and submits its recommendation to NAPOLCOM for validation and issuance of confirmatory resolution. Upon approval of the application for promotion by the NHQ SPADB, prescriptive period shall no longer apply and the applicant shall be vested the right for promotion;

g. The provision of Section 25, Republic Act No. 8551 which prohibits the promotion of uniformed personnel who have less than one (1) year service before reaching the compulsory retirement age shall not apply to special promotion; and

h. The effectivity date of special promotion shall be the date of the heroic deed was performed. cDCaTH

6. Criteria in the Grant of Special Promotion:

The acts of conspicuous courage described in the recommendation for special promotion must be:

a. The deed of personal bravery and self-sacrifice above and beyond the call of duty of PNP uniformed personnel so conspicuous as to distinguish the act clearly over and above his/her comrades in the performance of more than ordinary hazardous service, such as, but not limited to the following:

1) Overwhelming number of enemies and firepower capability as against the strength of PNP operatives and their firepower capability;

2) Infiltration and penetration of the safe house and hideouts of organized crime syndicates such as: terrorism, hijacking, kidnapping, illegal drugs and carnapping;

3) Shoot-out in robbery/hold-up incidents inside public places such as: malls, government offices, business establishments, and public utility vehicles; and

4) Conduct of rescue/disaster operations that resulted in the saving of lives and properties.

b. An act of heroism exhibited in the face of an armed enemy or in the conduct of rescue/disaster operations resulting in the loss of life (posthumous promotion).

7. General Guidelines:

a. To be fully effective, the grant of special promotion or award should be timely. It is highly desirable that a recommendation be coursed through proper channels and acted upon as quickly as possible. If circumstances preclude the submission of a completely documented recommendation, it is best to submit immediately what is on hand, with the information that additional data/information are to be submitted later. Action by immediate offices/board and the final approving authority shall be expeditious;

b. The Chief of Office/Unit (Chief of Police for MPS, Provincial Director for PPO, Director for PROs/NSUs) shall have a maximum of six (6) months within which to submit their recommendation for special promotion to the SPADB, NHQ after which the latter shall have a maximum of three (3) months upon receipt from Directors of PROs/NSUs to process and forward the same to the Commission; EATCcI

c. The commission, upon receipt of the recommendation for special promotion from SPADB, NHQ shall immediately validate the act/deed and shall issue the corresponding NAPOLCOM Resolution to confirm the meritorious act which shall be the basis in the preparation of the Individual Appointment (KSS Form Blg. 33) for attestation of the Civil Service Commission and issuance of appropriate orders;

d. The preparation of appointments and orders shall be undertaken by the PNP upon receipt of the confirmatory resolution from NAPOLCOM;

e. The NHQ SPADB shall not act on the application for promotion submitted after the lapse of six (6) months from the date of accomplishment/meritorious act;

f. The SPADB shall process or evaluate the heroic act of the nominees individually, looking into their actual participation and measuring it up against the criteria set by Section 33 of RA 8551 and pertinent NAPOLCOM Resolutions and this Circular. At no time will a group or mass nomination for the same accomplishment be entertained. As far as practicable, the Board shall require the personal appearance of the nominee for clarification and interview; HaAISC

g. The recommendation for special promotion must be based upon the affidavit of two (2) responsible persons who are eyewitnesses by describing the specific deed or act of heroism cited. The affidavit narrating the facts should be under oath;

h. In cases where no eyewitness could attest to the heroic act, the testimonies of their immediate superior officers or concerned local officials may be admitted as evidence. Under such circumstances, the testimonies shall be subjected to careful scrutiny by the Special Promotion Boards; 

i. In case of denial of application for promotion by the SPADB, a motion for reconsideration may be filed by the nominee within fifteen (15) days upon receipt of the Notice of Decision if he believes that the decision is adverse. The SPADB's subsequent decision on the motion for consideration shall be appealable to the Chief, PNP within fifteen (15) days and the decision on the matter shall be final and executory;

j. If the application for special promotion is disapproved by the Commission, the recommendee may file a motion for reconsideration within fifteen (15) days upon receipt of the resolution. No subsequent motion for reconsideration shall be allowed. Failure to submit a motion for reconsideration, within the prescribed period, the SPADB shall immediately determine the appropriate award for such accomplishment;

k. To preclude the occurrence of a double promotion or award or combination thereof on account of a single accomplishment by a PNP uniformed personnel who had earlier been specially promoted or conferred an award, the Board shall determine whether or not the heroic feat or accomplishment for consideration was made as the basis of previous promotion or award except the grant of Medalya ng Kagitingan, CSC Lingkod ng Bayan and Posthumous Promotion. Likewise, the applicant shall execute an affidavit of undertaking stating therein that said accomplishment has never been applied for special promotion/award; and

l. A PNP uniformed personnel who was already promoted on a regular basis and has a pending recommendation for special promotion in his/her previous rank and if so qualified under Section 6 of this Circular, the said personnel shall instead be considered for the highest possible award.

8. Procedures:

a. Deed of bravery and self-sacrifice above and beyond the call of duty of PNP uniformed personnel at the city/municipal police station shall be recommended by the Chief of Police (COP) or the immediate superior in case of NSUs to the Provincial Director (PD), Police Provincial Police Office (PPO) or equivalent supervisor, copy furnished the NAPOLCOM Regional Director; IcSHTA

b. The PD or equivalent supervisor shall after finding merit on the recommendation and evaluation of the After Operation Report and other documents shall recommend to the Directors of PROs/NSUs the special promotion of concerned personnel. The appearance of the recommended grantee(s) may be required for interview and validation;

c. Upon receipt of the recommendation from PD or equivalent supervisor, the Directors of PROs/NSUs shall direct the PRO/NSU SPADB to convene and process the PD's report and recommendation, with the report of the COP or equivalent supervisor as additional reference materials. The recommendation of the PRO SPADB shall be in a form of Board Resolution that shall be submitted to the Regional Director including the documents from the PD or equivalent supervisor;

d. The Directors of PROs/NSUs shall submit the PRO/NSU SPADB Resolution to the Chairman, NHQ, SPADB upon approval of the resolution;

e. Upon receipt of the PRO/NSU SPADB Resolution, the NHQ SPADB Chairman instructs the SPADB Secretariat to schedule meetings for the deliberation and evaluation of the recommendations. The SPADB shall look into the actual participation and involvement of the recommendee(s) and evaluate the acts or deeds based on the criteria set by Section 33 of RA 8551 and this Circular. The recommendee(s) may be required to appear before the SPADB for clarification of details and/or interview; ESIcaC

f. Within three (3) months from receipt of the recommendation of the PNP Directors of PROs/NSUs, the NHQ SPADB validations, meetings and deliberations shall have been completed and final recommendation of the SPADB in a Resolution form shall be endorsed to the Chief, PNP for approval, together with a transmittal letter to NAPOLCOM for approval of the grant of special promotion;

g. The Commission, upon receipt of the indorsement of the Chief, PNP deliberates on the recommendation for the special promotion and issue the requisite Resolution;

h. Recommendations duly submitted to and received by the Commission which are not completely acted upon within three (3) months shall be considered as approved. Consequently, the NAPOLCOM shall issue the corresponding confirmatory resolution;

i. After the approval of the grant of special promotion, the PNP through the Directorate for Personnel and Records Management shall prepare and issue the corresponding appointment and orders and other personnel actions; and

j. Only after the attested KSS Form Blg. 33 is submitted to the CSC shall the DPRM or RPHRDD prepare and issue the corresponding Promotion Order for the purpose.

9. Documentary Requirements:

The following documents shall be submitted to the Special Promotion, Awards and Decorations Board Secretariat:

a. After Operation Report/After Incident Report;

b. Case Operation Plan or Operation Plan, as the case may be;

c. Deliberation Report and Resolution from the PRO/NSU SPADB or equivalent specially created unit;

d. Recommendation of Regional Director, NSU Director or Director of specially created unit;

e. Affidavit of individual participation of the nominee describing in detail his/her specific heroic act, duly subscribed/sworn to;

f. Affidavit of at least two (2) eyewitnesses in the engagement duly subscribed and sworn to. In isolated cases, where no eyewitness could attest to the heroic act, the affidavit of the immediate superior officers or concerned local officials may be admitted provided that the substance of the affidavit centers on the heroic act of the nominee, provided further that the same shall be subjected to validation by the Directorate for Intelligence (DI); THEDcS

g. Updated Personal Data Sheet of the nominee generated from the Personnel Accounting Information Service (PAIS), DPRM; and

h. Attested appointment in the present rank.

10. Composition of the PNP Special Promotions, Awards and Decorations Board (SPADB):

a. PNP SPADB:

The Deputy Chief PNP for Operations	—	Chairman
TDHRDD	—	Vice-Chairman
Deputy Director DPRM	—	Member
Deputy Director DI	—	Member
Deputy Director DO	—	Member
Deputy Director DL	—	Member
Deputy Director DPL	—	Member
Deputy Director DPCR	—	Member
Deputy Director DC	—	Member
Deputy Director DIDM	—	Member
Deputy Director DRD	—	Member
Deputy Director DICTM	—	Member
Senior Policewoman PCO Representative	—	Member
Senior Lawyer Representative from LS	—	Member
Command Executive Senior Police Officer	—	Member
Chief, Morale and Welfare Division, DPRM	—	Head Secretariat
Chief, Awards & Incentives Section, MWD,	—	Asst. Secretariat DPRM

b. PRO/NSU SPADB:

Deputy Regional Director for Operations	—	Chairman
Chief, RPHRDD	—	Vice-Chairman
Chief, RID	—	Member
Chief, RCD	—	Member
Chief, ROPD	—	Member
Chief, RLD	—	Member
Chief, RPCRD	—	Member
Chief, RIDMD	—	Member
Chief, RWCCD	—	Member
Chief, RLS	—	Member
RESPO/NESPO	—	Member
Chief, Awards & Incentives Section	—	Head Secretariat

11. Funding:

Police Regional Offices shall shoulder the administrative and operational expenses of their respective Regional and District/Provincial/City SPADB chargeable against their Maintenance and Other Operating Expenses (MOOE). For the NHQ, SPADB funds shall be provided chargeable against command reserve. If inadequate, the Directorate for Comptrollership shall augment the funds when requested subject to the approval of the Chief, PNP.

12. Penal Clause:

Any violation of this Circular shall be a ground for administrative and/or criminal action, as warranted by evidence, in accordance with existing laws, rules and regulations.

13. Repealing Clause:

All other publications or any part thereof, which are inconsistent with this Circular are hereby repealed accordingly.

14. Effectivity:

This Memorandum 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. DECSIT

 

(SGD.) JESUS A. VERZOSA, CEO VIPolice Director General