Guidelines in the Grant of Special Promotion under Section 38 (b) of RA 6975

January 9, 1998

NAPOLCOM MEMORANDUM CIRCULAR NO. 03-98

GUIDELINES IN THE GRANT OF SPECIAL PROMOTION UNDER SECTION 38 (b) OF RA 6975

WHEREAS, under Section 38 b of RA 6975, "Special promotions may be extended to any member of the PNP for acts of conspicuous courage and gallantry at the risk of his life above and beyond the call of duty or selected as such in a nationwide search conducted by the PNP or any accredited civic organization.";

WHEREAS, pursuant to a legal opinion rendered by the Chief Presidential Counsel, that, "What Section 38 (b) of R.A. 6975 authorizes as a basis for special promotion is performance of acts of conspicuous courage and gallantry at the risk of his life above and beyond the call of duty, or selected as such in a nationwide search conducted by the PNP or any accredited civic organization." The phrase "selected as such" in this provision refers to a selection of a PNP member who must have also performed acts of conspicuous courages and gallant feats beyond the call of duty. Hence, it is not enough that a PNP member is selected or cited by the PNP, CSC or an accredited civic organization. To be eligible for special promotion, his selection must also be on the basis of some acts of conspicuous courage and gallantry. A selection on some other basis, e.g., administrative accomplishments, is therefore inconsistent with Section 38 (b) of R.A. 6975;

WHEREAS, special promotion may come at any time in the career of a PNP member in the course of the performance of his duties; ATICcS

WHEREAS, under NAPOLCOM Resolution No. 93-030, on the subject "Prescribing the Qualification Standards for PNP Ranks," experience (time-in-grade) and training are two of the criteria for promotion;

WHEREAS, considering the nature of a special promotion, the required experience and training may not be met at the time this is extended to a police officer/non-officer;

NOW, THEREFORE, the Commission in the exercise of its statutory power to administer and control the PNP under Section 6 of Article XVI of the Constitution, in relation to Section 14 of Republic Act No. 6975 hereby directs the following:

1. Special promotion shall be extended only to any member of the PNP for acts of conspicuous courage and gallantry at the risk of his life above and beyond the call of duty but not for administrative accomplishments. ETHIDa

2. Experience and training as integral parts of the qualification standards for promotion shall not apply in the grant of special promotion.

3. Grantees of special promotion without the appropriate eligibility and education requirement shall be extended temporary appointment, renewable every year until such time that he shall have acquired the appropriate eligibility and/or undergone the required educational attainment.

4. In no case shall a temporary appointee be eligible for special promotion.

All NAPOLCOM issuances inconsistent with the foregoing are hereby modified or repealed accordingly.

This Memorandum Circular shall apply to all special promotions granted after the effectivity of RA 6975.

ADOPTED this 9th day of January in the Year Nineteen Hundred and Ninety-Eight in Makati City, Philippines.

(SGD.) ROBERT Z. BARBERSSecretary, DILG and

(SGD.) JOSE PERCIVAL L. ADIONGCommissioner

(SGD.) EDGAR DULA TORRESCommissioner

(SGD.) ALEXIS C. CANONIZADOCommissioner

(SGD.) ROGELIO A. PUREZACommissioner

Attested by:

(SGD.) ATTY. BERNARDO R. CALIBOCommission Secretary