Guidelines Governing the Attrition System for Uniformed Personnel of the Philippine National Police ( PNP Memorandum Circular No. 014-07 )
October 31, 2007
October 31, 2007
PNP MEMORANDUM CIRCULAR NO. 014-07
PRESCRIBING GUIDELINES GOVERNING THE ATTRITION SYSTEM FOR UNIFORMED PERSONNEL OF THE PHILIPPINE NATIONAL POLICE
1. REFERENCE: Sections 24, 25, 26, 27, 28, 29 and 30 of Republic Act No. 8551, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998".
2. PURPOSE:
This Memorandum Circular prescribes the guidelines that shall govern the implementation of the Attrition System of Uniformed Personnel of the PNP thus, contributing to the transformation of the PNP into a more capable, effective and credible police force. AcEIHC
3. SCOPE:
The herein guidelines are applicable to all PNP uniformed personnel who may be retired or separated from the service under the different means of attrition provided under Sections 24 to 29 of R.A. No. 8551.
4. DEFINITION OF TERMS:
To ensure clarity and consistency in the implementation of this Circular, the following terms shall be construed thus:
a. Attrition — the retirement or separation from the police service of PNP uniformed personnel pursuant to any of the means mentioned in Sections 24 to 29 of R.A. No. 8551 and other causes stated in this Circular.
b. Attrition Action — An action containing the findings and evidence on a means of attrition filed by a concerned Screening Committee before the concerned Attrition Board. aATESD
c. Demotion in Position — pertains to the designation of a personnel to a position lower and not commensurate to his/her rank in the PNP Table of Organization.
d. Field Training Program — refers to the training required to make the temporary appointment of a new PNP member permanent.
e. Immediate Supervisor — refers to a person authorized to make the performance evaluation rating of a PNP member.
f. Just Cause — refers to the legal grounds that would warrant the relief or removal from present designation in the PNP Organization.
g. Mandatory Career Courses — refers to the required training for one to be eligible for promotion to the next higher rank. TDCcAE
h. Maximum Tenure in Position — maximum cumulative period of active service within which a PNP uniformed member is allowed to stay in a particular position level.
i. Mental Incapacity —refers to a condition where a uniformed personnel is unable to exercise his/her reasoning faculties or incapable of understanding and acting with discernment his/her duties and responsibilities as a result of illness or injury as may be determined by the PNP Medical Screening Committee.
j. Non-Promotion —the non-advancement to the next higher rank or position for a certain period of time.
k. Organic Personnel to a Unit —Personnel assigned to a particular unit covered with appropriate PNP Assignment Orders. EaCSTc
l. Original Appointment —refers to the appointment for the initial entry to the PNP service of a PNP personnel who meets all the requirements of the position.
m. Party —refers to the Chairman of the Screening Committee or the respondent.
n. Pendency of an Attrition Action —when the endorsement of the PRO Regional Director or the NSU Director of a PCO Attrition Action has been officially received by the concerned NHQ PCO Attrition Board through the NHQ Screening Committee or when the PRO/NSU Screening Committee Report of a PNCO Attrition Action has been officially received by the PRO/NSU Attrition Board. EcHTDI
o. Personnel Action on Attrition —An action filed before the Screening Committee based on a verified statement of an alleged means of attrition by an initiating person.
p. Physical Fitness Test —it is a method of evaluating the physical readiness of PNP personnel in terms of stamina, strength, speed, agility, and suppleness. ATHCac
q. Physical Incapacity —refers to the inability of PNP personnel to perform his/her duties and responsibilities due to defect/s as a result of disease or injury as may be determined by the PNP Medical Screening Committee.
r. Poor Performance —refers to the poor rating in the promulgated PNP Performance Evaluation Rating System.
s. Respondent —refers to the PNP personnel subjected to attrition proceedings.
t. Retirement —termination of employment and official relations of a personnel who rendered at least twenty (20) years of active service in the government with payment of corresponding benefits. EIAScH
u. Second Level PCO Ranks —Police Commissioned Officers with the rank of Police Inspector to Police Superintendent.
v. Second Level PNCO Ranks —All ranks for Police Non Commissioned Officers.
w. Separation —termination of employment and official relations of a personnel who rendered less than twenty (20) years of active service in the government with payment of corresponding benefits.
x. Third Level PCO Ranks —Police Commissioned Officers with the rank of Police Senior Superintendent and higher.
y. Total Permanent Physical Disability —any impairment of the body which renders PNP personnel indefinitely incapable of substantially performing the mandated duties and functions of his position.
z. Waiver Program —the setting aside of age, height, weight, and educational requirements for the initial appointment to the Philippine National Police pursuant to Section 15 of RA 8551. EDISTc
5. MEANS OF ATTRITION
The following are the means of attrition as provided under Sections 24 to 29 of R.A. No. 8551, including other grounds for attrition as deemed necessary by the Commission:
a. Attrition by attainment of maximum tenure in position.
1) The maximum cumulative tenure of PNP members holding key positions is hereby prescribed as follows:
| POSITION | MAXIMUM TENURE |
| THE CHIEF, PNP | Four (4) years |
| TDCA AND TDCO | Four (4) years |
| TCDS | Four (4) years |
| DIRECTORS OF THE D-STAFF | Four (4) years |
| REGIONAL DIRECTORS, PROS | Six (6) years |
| PROVINCIAL/CITY DIRECTORS | Nine (9) years |
2) Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing Pattern, police officers holding the above-mentioned positions shall be compulsorily retired at the maximum tenure in position herein prescribed or at age fifty-six (56),whichever is earlier. The term "positions higher than provincial director" refer to the following positions with a maximum cumulative tenure of six (6) years:
a) Other positions held by PCSUPT rank and higher; and
b) Such other positions as may be determined by the Chief, PNP as confirmed by NAPOLCOM.
3) A police commissioned officer shall be subject to attrition proceedings if the following elements concur:
a) The PCO designated to the position specified above has reached the maximum cumulative period prescribed therein; and aIHCSA
b) He/she refuses to accept a position commensurate to his/her rank despite existence of such vacancy.
4) Except for the Chief of the PNP, no uniformed personnel occupying a position and who has less than one (1) year of service before reaching the compulsory retirement age shall be promoted to a higher rank, appointed or designated to any other position.
5) The reckoning point of the tenure is as provided for under Section 25, R.A. No. 8551.
b. Attrition by relief.
1) Any uniformed personnel who has been relieved for cause and has not been given an assignment within two (2) years from the effective date of such relief, shall be retired or separated. CTaSEI
To warrant attrition, the following elements must concur:
a) The relief is for a just cause;
b) The PCO concerned has not been given any assignment within two (2) years from his/her relief and there are available positions commensurate to his/her rank; and
c) The non-assignment for a continuous period of two (2) years is due to valid reasons and/or reasons attributable to him/her, or his/her refusal to accept any position commensurate to his/her rank.
2) The 2-year period provided under Section 26, R.A. No. 8551 shall be counted from the effective date of relief for cause. However, if the personnel concerned has been assigned to a position commensurate to his or her rank prior to the issuance of this Circular, he or she, as the case may be, could no longer be subjected to attrition proceedings regardless of the length of the intervening period before he or she was given a new assignment. DHSCTI
c. Attrition by demotion in position.
1) Any uniformed personnel who is relieved and assigned to a position lower than what is established for his/her rank in the PNP Staffing Pattern and who shall not be assigned to a position commensurate to such rank despite the existence of a vacancy within eighteen (18) months after his/her demotion in position shall be retired or separated.
To warrant attrition, the following elements must concur:
a) A PNP personnel is relieved and assigned to a position lower than what is established for his/her rank.
b) His/her designation to such lower position is attributable to him/her.
c) There exists a positional vacancy for the rank during the 18 months reckoned after his/her demotion in position. IcESaA
2) Any uniformed personnel who is promoted in rank but occupying a position lower than what is called for by his/her present rank within three (3) months, despite availability of commensurate positions, shall be attrited.
To warrant attrition, the following elements must concur:
a) A PNP personnel is promoted in rank;
b) Said PNP personnel is occupying a position not commensurate to his/her present rank; and
c) He/she refuses to relinquish said position within three (3) months from his/her promotion in rank despite availability of commensurate positions. acCITS
d. Attrition by non-promotion.
1) Any uniformed personnel who has not been promoted for a continuous period of ten (10) years shall be retired or separated.
To warrant attrition by non promotion in rank, the following elements must concur:
a) A PNP personnel has not been promoted in rank for a continuous period of ten (10) years and there are existing vacancies for regular promotions;
b) Non-promotion in rank is due to the failure of the personnel concerned to satisfy the minimum qualification standards and/or comply with other requirements for promotion to the next higher rank;
c) The PNP personnel was not promoted in rank even if he/she is within the zone of consideration based on SLL and his/her non-inclusion in the promotion list is due to reasons not attributable to himself/herself: TCHEDA
To warrant attrition by non promotion in position, the following elements must concur:
a) A PNP personnel has not been promoted in position for a continuous period of ten (10) years and there are existing positional vacancies;
b) Non-promotion in position is due to the failure of the personnel concerned to satisfy the minimum qualification standards for the position;
c) The PNP personnel was not promoted in position even if he/she is within the zone of consideration based on eligibility list. CHDAaS
2) For PNP uniformed personnel who lacks training and/or eligibility, they shall be given 18 months to obtain the lacking qualification for promotion after the effectivity of this Circular.
3) The 10-year period as provided for under Section 28, R.A. No. 8551 shall be reckoned from the effectivity date of Rules and Regulations Implementing RA 8551.
e. Attrition by other means.
Uniformed personnel with at least five (5) years of accumulated active service shall be separated based on any of the following factors:
1) Inefficiency based on poor performance during the last two (2) successive annual rating periods.
To warrant attrition, a uniformed member of the PNP has been rated poor for four (4) successive rating periods; TaSEHC
2) Inefficiency based on poor performance for three (3) cumulative annual ratings.
To warrant attrition, a uniformed member of the PNP was rated poor for three (3) cumulative annual ratings.
The reckoning period for attrition falling under (1) inefficiency based on poor performance during the last two (2) successive annual rating periods, and (2) inefficiency based on poor performance for three (3) cumulative annual rating periods, shall be January 1, 2008. Accordingly, the implementation of the Performance Evaluation Rating System shall be given the widest dissemination to all uniformed personnel nationwide.
3) Physical and/or mental incapacity to perform police functions and duties.
To warrant attrition, the following elements must concur:
a) There is physical and/or mental incapacity which has been evaluated and certified by the Medical Screening Committee on Physical and Mental Incapacity as defined in existing PNP and NAPOLCOM circulars on this matter. SAHITC
b) The physical and mental incapacity renders the PNP personnel incapable of performing police functions and duties.
c) Any personnel who officially applies for optional or TPPD separation shall not be a subject of an attrition proceeding under this means.
d) The reckoning date is the effectivity of R.A. No. 8551. If their physical and/or mental incapacity had long been medically established and they are still in the police service upon the effectivity of this Circular, the Medical Screening Committee on Physical and Mental Incapacity shall recommend to the concerned Attrition Board to determine whether or not they shall be recommended for attrition. HITEaS
4) Failure to pass the required entrance examination twice and/or finish the required career courses except for justifiable reasons.
a) To warrant attrition for failure to pass the entrance examination, the following elements must concur:
i. A uniformed personnel failed to pass twice the entrance examination required for a mandatory career course; and
ii. Such mandatory course is required for his/her promotion to higher rank.
b) To warrant attrition for failure to finish the required mandatory career courses, the following elements must concur:
i. A personnel was issued appropriate order to take the required career course; and
ii. He/She failed to finish the said mandatory career course without justifiable reason and was not declared graduate by the training institution. AICDSa
c) The reckoning point shall be the effectivity of this Circular.
5) Refusal to take a periodic PNP Physical Fitness Test without justifiable reason.
To warrant attrition, the following elements must concur:
a) A schedule of the periodic PNP Physical Fitness Test has been published;
b) Concerned personnel failed to take the said test on scheduled date or on the special test subsequently scheduled; and
c) The failure to take said test is without justifiable reason.
6) Failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests due to health reasons. aASEcH
To warrant attrition, the following elements must concur:
a) A schedule of the periodic PNP Physical Fitness Test has been published;
b) Concerned personnel failed to take the said test on scheduled date or on the special test subsequently scheduled;
c) Failure to take said test is for health reasons as evaluated and certified by the PNP Health Service; and
d) A uniformed personnel failed to take four (4) consecutive periodic PNP Physical Fitness Test due to health reasons.
7) Failure to pass PNP Physical Fitness Test for two (2) consecutive periodic tests or four (4) cumulative periodic tests.
To warrant attrition, the following elements must concur:
a) A schedule of the periodic PNP Physical Fitness Test has been published; SHDAEC
b) Concerned personnel failed to pass the said test on scheduled date or on the special test subsequently scheduled;
c) Failure to pass said test as evaluated and certified by DHRDD; and
d) A uniformed personnel failed to pass two (2) consecutive periodic tests or four (4) cumulative periodic tests.
8) Non-compliance with the minimum qualification standards for the permanency of original appointment
To warrant attrition, the following elements must concur:
a) The original appointment of the PNP personnel concerned was issued in temporary status under the Waiver Program, Field Training Program, or due to lack of prescribed eligibility of the prescribed eligibility/required training/education/weight standards; and AECDHS
b) He/she failed to satisfy the requirement for the adjustment for his/her appointment from temporary to permanent status within the prescribed period.
6. CREATION, COMPOSITION, FUNCTIONS AND JURISDICTION OF ATTRITION SCREENING COMMITTEES AND ATTRITION BOARDS
For purposes of implementing the PNP Attrition System, there shall be created and activated Attrition Screening Committees and Attrition Boards at the different levels.
a. Creation.
1) The following Attrition Boards are hereby created:
a) NHQ 3rd Level PCO Attrition Board; cSTDIC
b) NHQ 2nd Level PCO Attrition Board;
c) NHQ PNCO Attrition Board;
d) PRO PNCO Attrition Board; and
e) NSU PNCO Attrition Board
2) The following Attrition Screening Committees are also hereby created:
a) NHQ Attrition Screening Committee;
b) PRO Attrition Screening Committee;
c) NSU Attrition Screening Committee; and
d) NHQ Medical Screening Committee.
b. Composition of Attrition Boards.
1) NHQ 3rd Level PCO Attrition Board.
| The Deputy Chief PNP for Administration | - Chairman |
| The Deputy Chief PNP for Operation | - Vice-Chairman |
| The Chief Directorial Staff | - Member |
| The Director for Personnel and Records Management | - Member |
| The Director for Intelligence | - Member |
| The Director for Operations | - Member |
| The Director for Logistics | - Member |
| The Director for Police Community Relations | - Member |
| The Director for Comptrollership | - Member |
| The Director for Plans | - Member |
| The Director for Investigation and Detective Management | - Member |
| The Director for Human Resource and Doctrine Development | - Member |
| The Director for Research and Development | - Member |
| The Director, Health Service | - Member |
| The Director, Legal Service | - Member |
| Senior Female PCO Representative | - Member |
| Chief, PTD, DPRM | - Head, Secretariat |
2) NHQ 2nd Level PCO Attrition Board.
| The Chief Directorial Staff | - Chairman |
| The Deputy Director for Personnel and Records Management | - Vice Chairman |
| The Deputy Director for Intelligence | - Member |
| The Deputy Director for Operations | - Member |
| The Deputy Director for Logistics | - Member |
| The Deputy Director for Police Community Relations | - Member |
| The Deputy Director for Comptrollership | - Member |
| The Deputy Director for Investigation and Detective Management | - Member |
| The Deputy Director for Plans | - Member |
| The Deputy Director for Human Resource and Doctrine Development | - Member |
| The Deputy Director for Research and Development | - Member |
| The Deputy Director, Health Service | - Member |
| The Deputy Director, Legal Service | - Member |
| Female PCO Representative (Not Lower Than PSupt) | - Member |
| Assistant Chief, PTD, DPRM | - Head, Secretariat |
3) NHQ PNCO Attrition Board.
| The Director for Personnel and Records Management | - Chairman |
| Executive Officer, DPRM | - Vice Chairman |
| Executive Officer, DI | - Member |
| Executive Officer, DO | - Member |
| Executive Officer, DL | - Member |
| Executive Officer, DPCR | - Member |
| Executive Officer, DC | - Member |
| Executive Officer, DIDM | - Member |
| Executive Officer, DPL | - Member |
| Executive Officer, DHRDD | - Member |
| Executive Officer, DRD | - Member |
| Representative, Health Service | - Member |
| Representative, Legal Service | - Member |
| Command Executive Senior Police Officer | - Member |
| Senior Female PNCO Representative (SPO4) | - Member |
| Chief, Attrition Section, PTD, DPRM | - Head, Secretariat |
4) PRO PNCO Attrition Board. ScHAIT
| Deputy Regional Director for Administration | - Chairman |
| Deputy Regional Director for Operations | - Vice Chairman |
| Chief, Regional Directorial Staff | - Member |
| All Chiefs of the Functional Staff | - Members |
| Chief, Regional Legal Service | - Member |
| Chief, Regional Health Service | - Member |
| Regional Executive Senior Police Officer | - Member |
| Senior Female PNCO Representative (SPO4) | - Member |
| Chief, Personnel Transaction Section, RPHRDD | - Head Secretariat |
5) NSU PNCO Attrition Board.
| Deputy Director for Administration | - Chairman |
| Deputy Director for Operations (if applicable) | - Vice Chairman |
| Chief Directorial Staff | - Member |
| All Chiefs of Functional Staff | - Members |
| Legal Service Representative | - Member |
| Medical Officer, Health Service | - Member |
| NSU Executive Senior Police Officer | - Member |
| Senior Female PNCO Representative (SPO4) | - Member |
| Deputy Chief, Admin/Personnel Staff | - Head Secretariat |
c. Composition of Attrition Screening Committees:
1) NHQ Screening Committee.
| Chief, PTD, DPRM | - Chairman |
| Chief, BPAD, DPRM | - Vice Chairman |
| Chief, RMD, DPRM | - Member |
| Chief, RSD, DPRM | - Member |
| Representative from PNPGH | - Member |
| Representative, LS | - Member |
| Chief Clerk, DPRM (excluded from PCO screening) | - Member |
| Assistant Chief, Attrition Section, PTD, DPRM | - Head, Secretariat |
2) PRO Screening Committee. TASCEc
| Asst. Chief, RPHRDD | - Chairman |
| Asst. Chief, RIDMD | - Vice Chairman |
| All Assistant Chiefs of the other Functional Staff | - Members |
| Representative from the Regional Legal Service | - Member |
| Assistant Chief, Regional Health Service | - Member |
| Chief Clerk, RPHRDD (excluded from PCO Screening) | - Member |
| Chief, Attrition Section, RPHRDD | - Head, Secretariat |
3) NSU Screening Committee.
| Asst. Chief, ADPRM | - Chairman |
| Asst. Chief, ADIDM | - Vice Chairman |
| All Assistant Chiefs of other Functional Staff | - Member |
| Representative Legal Service | - Member |
| Representative Health Service | - Member |
| Chief Clerk, ADPRM (excluded from PCO screening) | - Member |
| Chief, Attrition Section, ADPRM | - Head, Secretariat |
4) NHQ Medical Screening Committee. DAEaTS
| Deputy Director, Health Service | - Chairman |
| Chief, PNPGH | - Vice Chairman |
| Chief of Clinics | - Member |
| Chief, Orthopedics | - Member |
| Chief, General Surgery | - Member |
| Chief, Internal Medicine | - Member |
| Chief, Neuro Psychiatry | - Member |
| Chief, Urology | - Member |
| Chief, OB Gyne | - Member |
| Chief, EENT | - Member |
| Chief, Dental | - Member |
| Legal Service Representative | - Member |
| HRDD Representative for PFT | - Member |
| Chief, Benefits and Pension Administration Division, DPRM | - Member |
| Chief, Physical Examination Section | - Head, Secretariat |
d. Functions.
1) Screening Committees.
a) Upon receipt of a case, gather, receive and process pertinent documents/data that would establish the probable existence of a means of attrition; and
b) Conduct initial investigation and assessment on the case at bar and submit, through the Secretariat, and present its findings to the concerned Attrition Board.
2) Attrition Boards.
a) Deliberate on all cases of attrition submitted by the concerned Attrition Screening Committee in accordance with this Circular; HEDaTA
b) Recommend to the proper authority the retirement, separation or retention of PNP uniformed personnel who had been subjected to attrition proceedings;
c) Act on motion for reconsideration on its resolution on the following grounds:
i. Newly discovered evidence which, if presented, would materially affect the resolution rendered; or
ii. Errors of law or irregularities have been committed prejudicial to the substantial rights and interest of the movant.
d) Act on motion for reconsideration on the decision remanded by the approving authority; and ESHAcI
e) Mark all evidence thru the Board Secretariat.
e. Jurisdiction
1) The NHQ 3rd level PCO Attrition Board shall have jurisdiction over attrition cases of officers holding the rank of Police Senior Superintendent and above.
2) The NHQ 2nd level PCO Attrition Board shall have jurisdiction over attrition cases of officers holding the rank of Police Inspector to Police Superintendent.
3) The NHQ PNCO Attrition Board shall have jurisdiction over attrition cases of Police Non-Commissioned Officers organic to offices of National Headquarters and all cases referred by the Medical Screening Committee. TAHIED
4) The PRO and NSU PNCO Attrition Boards shall have jurisdiction over attrition cases of Police Non-Commissioned Officers organic to their units.
5) The NHQ Screening Committee shall have the authority to determine whether a uniformed personnel organic to offices at the National Headquarters shall be recommended for attrition proceedings.
6) The PRO Screening Committee shall have the authority to determine whether a uniformed personnel organic to a particular Police Regional Office shall be recommended for attrition proceedings.
7) The NSU Screening Committee shall have the authority to determine whether a uniformed personnel organic to a particular National Support Unit shall be recommended for attrition proceedings.
8) The NHQ Medical Screening Committee shall have the authority to determine whether a uniformed personnel should be recommended for attrition proceedings due to physical and/or mental incapacity. ASaTCE
7. ATTRITION PROCEEDINGS
a. Commencement of Action
1) How Initiated. — A personnel action on attrition may be initiated by filing of a formal and verified statement with evidence in support thereof before the DPRM or DHRDD or its PRO/NSU counterparts;
2) Who may Initiate. — The following may initiate a personnel action on attrition:
a) The head of office or unit or immediate supervisor;
b) Any PNP member who has personal knowledge that another member is a subject for possible attrition; or
c) Any civilian who has personal knowledge that a PNP member is a subject for possible attrition due to mental and/or physical incapacity, may submit a verified report to the concerned PNP unit. aHSTID
3) Where to File.— The personnel action on attrition against a uniformed PNP member shall be filed before the concerned Screening Committee thru the concerned Attrition Section as provided in this Circular.
4) Contents of the Personnel Action.— The personnel action on attrition shall contain the following:
a) Rank, full name, and office/unit of the respondent;
b) Means of attrition;
c) A narration of pertinent facts and data that will help the Screening Committee in its deliberation;
d) Rank, full name and designation of the person initiating the personnel action; and IcHDCS
e) Verification.
b. Evaluation by the Screening Committee and Filing of Action before the Attrition Board
1) Recording of Personnel Action.— Upon receipt, all personnel action on attrition for initial assessment and inquiry shall be stamped on its face the date and time of its receipt with an assigned reference number, and shall be recorded in the committee journal exclusively maintained for that purpose.
2) Initial Assessment and Inquiry.— Upon endorsement of the personnel action on attrition to the concerned Screening Committee, it will conduct an initial assessment, inquiry and other processes as provided herein and submit to the concerned Attrition Board its findings and forward all relevant documents within ten working (10) days from the receipt thereof.
3) Filing before the Attrition Board:
a) The attrition action shall be deemed formally filed and pending upon receipt and entry of the same in the official journal of the board. The Board, tasked to maintain the official journal of attrition proceedings, shall inform the Directorate for Personnel and Records Management (DPRM) of the status of all proceedings, as well as the PNP unit where the respondent is assigned; and AcSHCD
b) A journal shall be maintained by the said Board and shall contain, among others, the following data of the proceedings: date and time of receipt from the Screening Committee, the case number, the name of the respondent, the means of attrition he is subjected to, the date decision was rendered; date the motion for reconsideration was filed; date the decision became final and certificate of finality was issued; and other relevant and material data.
c. Attrition Proceedings Proper
1) Summons. — Within three (3) days upon receipt of the attrition action by the Board, the Head Secretariat shall issue the summons to be served upon the respondent, directing him to submit his memorandum within five (5) days from receipt thereof, together with evidence to prove his non attritability from the police service.
The summons shall include the verified statement of personnel action on attrition and evidence supporting the latter action. The summons shall also include an advice that the respondent may avail of his right to counsel.
2) Convening of the Attrition Board — Within three (3) days upon receipt of the memorandum, the Head Secretariat shall immediately convene the Attrition Board requiring the personal appearance of the respondent.
3) Quorum — A simple majority among the regular members of the Attrition Board shall constitute a quorum. HTSIEa
4) Memorandum. — The memorandum shall be in writing, under oath and must contain material facts, which may either be a specific denial or affirmation of the allegations in the complaint. It shall be accompanied by documentary or other evidence, if there be any, in support of the defense. It shall also contain a list of witnesses and their individual addresses, whenever appropriate.
The memorandum shall be filed with the concerned Board, through the Secretariat, in three (3) copies personally or by registered mail.
Any subsequent memorandum submitted to the Board may be done through registered mail and it is deemed filed on the date and hour of receipt stamped by the post office on the envelope. Said envelope shall be kept and made an integral part of the memorandum and records of the case. EHaCTA
5) Effect of Failure to Appear and/or File Memorandum — Failure of the respondent to appear and/or file a memorandum within the reglementary period shall be considered a waiver of his/her right to be heard and/or present evidence in his/her favor. The attrition proceedings shall be conducted ex parte.
6) Order of Attrition Proceedings. — The order of the attrition proceedings shall be as follows:
a) The Chairman of the concerned Screening Committee shall present its findings on the personnel action on attrition;
b) The respondent shall then present evidence in support to his non-attritability;
c) The proceeding is generally summary in nature. The presentation of witnesses may be allowed only upon the discretion of the Chairman of the Board. Documents presented during the proceedings may be examined by the other party. Sworn statements/affidavits of witnesses, after proper identification and affirmation on the truth of the contents thereof, shall take the place of their oral testimony; and ETHaDC
d) Clarificatory questions may be allowed, if requested by either party, but shall be confined strictly to the material and relevant matters in the interest of equity and justice.
7) Postponement. — Postponement of the attrition proceedings should be discouraged and shall be allowed only in highly meritorious cases.
8) Termination of Attrition Proceedings. — The attrition proceedings shall be terminated within twenty (20) working days from the date the Board first convened.
9) Submission of Position Papers. — The Attrition Board may require the respondent to submit his position paper within five (5) working days from the date the order to submit position paper is received. HSAcaE
10) Final Deliberation. — Within two (2) days from the termination of the attrition proceedings or from receipt of the position paper, if required, the Attrition Board shall meet for final deliberation. The Chairman shall designate a board member to prepare the board resolution. The designated board member shall have ten (10) working days to prepare the board resolution.
A majority vote of members present constituting a quorum can render a valid resolution.
11) Submission of the Resolution. — The Attrition Board shall submit its resolution to the appropriate approving authority. A copy shall likewise be furnished to the respondent. The filing of a Motion for Reconsideration by any party may be allowed on the following grounds:
a) Newly discovered evidence which, if presented, would materially affect the resolution rendered; or
b) Errors of law or irregularities have been committed prejudicial to the substantial rights and interest of the movant. IEAacT
12) Contents of Resolution. — The Resolution shall contain the full name, rank and assignment of the respondent, the cause of attrition and its elements, a brief statement of the material and relevant facts, the findings as established during the attrition proceedings, the conclusion, the applicable laws, rules and regulations, jurisprudence, and the disposition thereof.
13) Finality of Decision. — The decision of the appropriate approving authority imposed upon a member of the PNP shall be final and executory after the lapse of ten (10) days upon receipt of the copy thereof.
14) Motion for Reconsideration. — The respondent may file a motion for reconsideration from the decision rendered by the appropriate approving authority within ten (10) days from receipt of a copy of the decision. HCacTI
The filing of a motion for reconsideration shall not stay the execution of the decision sought to be reconsidered. Only one (1) motion for reconsideration shall be allowed and the same shall be considered and decided by the disciplinary authority within five (5) days from receipt thereof.
15) Allowable Motion — No motion or pleading shall be allowed except Motion to Dismiss and Motion for Reconsideration.
16) Alternative Remedies — The optional or other appropriate retirement or separation mode of the respondent from the police service shall automatically terminate the attrition action.
17) Effect of Death. — Death of the respondent during the pendency of the attrition action shall terminate the proceedings. Barring legal impediments, the personnel concerned shall be posthumously separated or retired. aDcTHE
18) Records of Proceedings. — The entire attrition proceedings shall be recorded and transcribed.
19) Respondent Found Attritable for a Means of Attrition Distinct from which he was subjected to. — A respondent may be found attritable under a means distinct from which he was subjected to: Provided, that the elements of the means of which he may be attrited are proven after the respondent has been given the opportunity to contest the same.
7. APPROVING AUTHORITY
The following are the approving authority for the attrition:
a. The President of the Philippines shall be the approving authority for the attrition of third level PCOs.
b. The Chief, PNP shall be the approving authority for the attrition of all second level PCOs and PNCOs organic to offices at the National Headquarters. TEcHCA
c. The Regional Director shall be the approving authority for the attrition of all PNCOs organic to their respective PRO.
d. The NSU Director shall be the approving authority for the attrition of all PNCOs organic to their respective NSU.
8. STATEMENT OF POLICIES
In the processing and evaluation of uniformed personnel for attrition, the following policies shall be observed:
a. The PNP shall maintain a capable, effective, credible and productive workforce. Towards this end, it shall ensure that all its personnel are qualified and fit, physically, mentally and emotionally, to render police work.
b. The attrition system pursuant to Sections 24 to 29 of R.A. No. 8551 shall be implemented as an organizational tool to promote professionalism, competency and efficiency in the police service. It shall be implemented with utmost objectivity and impartiality, always giving due regard to and consideration of the constitutional rights to due process. In no case shall attrition be based on purposes not consistent with the law and the best interest of the police service. cDHAES
c. The DPRM shall institutionalize mechanisms in the implementation of the attrition system such as but not limited to monitoring the tenure in office of police officers occupying the key positions and granting of retirement/separation benefits.
d. All attrition proceedings shall be dealt with expeditiously so as not to prejudice the interest of police service.
e. As a matter of procedure, the head of office/unit, after cognizance of a case, shall be responsible in referring said case to the concerned Attrition Screening Committee, through proper channels.
f. The individual performance of all uniformed personnel shall be evaluated in accordance with existing Circular on the matter. All heads of offices/units shall ensure that every uniformed personnel get a performance rating he/she deserves. TECIaH
g. The proceedings of the Screening Committees shall be fact-finding in nature. On the other hand, the deliberations of the Attrition Boards shall be adjudicatory in character.
h. As provided for in Section 30, R.A. No. 8551, any personnel attrited under this Circular shall be retired if he/she has at least 20 years of service or shall be separated if he/she has less than 20 years of service and receive pertinent benefits, unless the personnel is disqualified by law to receive such benefits.
i. Personnel who have been retired or separated from the police service through attrition shall not be reemployed in the PNP whether in the uniformed or non-uniformed service.
j. The PNP shall include in its annual budget proposal the fund requirement for attrition. In the meantime, the PNP shall request DBM for supplemental budget starting fiscal year 2007 to support the funds required to cover the payment of separation/retirement benefits of personnel who will be attrited from the police service. In case of budgetary constraints, the fiscal procedures being applied in optional retirement shall be followed. IASCTD
k. Priority for attrition shall be those with medical cases which have eaten much of the Reimbursement Hospitalization Expense (RHE) budget of the PNP.
l. In implementing the various means of attrition, the PNP shall start from the highest ranked PCOs to the lowest ranked PNCOs.
m. The pendency of an attrition action shall be a bar to promotion in rank, placement to any sensitive and/or key position and personnel movement within and outside the PNP.
n. Any personnel due for compulsory retirement within one (1) year shall not be subjected for attrition.
o. An attrition action shall proceed notwithstanding the existence of an administrative case punishable by dismissal from the service. The grant of attrition benefits shall be held in abeyance and subject to the decision of the administrative case. DISHEA
9. GENERAL GUIDELINES
a. All PROs/NSUs shall create their respective Attrition Section under RPHRRD/ADPRM immediately.
b. All Screening Committees and Attrition Boards shall be organized, activated, and constituted within five (5) days from the effectivity of this circular.
c. The Chairs of the Attrition Boards and the Screening Committees shall ensure that their respective members are conversant with the attrition system and this Circular. AHCcET
d. All Attrition Boards and Screening Committees shall have free access to all records, data, information and necessary support from any PNP office/unit in the implementation of this Circular.
e. All approved and final decisions in attrition actions shall be covered by appropriate NHQ orders. Orders issued by PRO/NSU shall be confirmed by NHQ through the issuance of confirmation orders by DPRM.
f. Administrative officers of NHQ offices, Chiefs, RPHRDDs of PROs, and ADPRMs of NSUs shall process-out the attrited personnel from the service without delay including payment of benefits due.
10. AMENDING CLAUSE
All issuances contrary to or inconsistent with this Circular are hereby amended accordingly.
11. PENALTY CLAUSE
Any violation of this Circular shall be a ground for administrative sanction in accordance with existing laws, rules and regulations. THcEaS
12. EFFECTIVITY
This Memorandum 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.
(SGD.) AVELINO I. RAZON, JR.Police Director General