Policy Prescribing the Rank, Designation, Tenure, Qualifications, and Other Requirements for the Designation of PHROs

February 6, 2017

PNP MEMORANDUM CIRCULAR NO. 2017-010

POLICY PRESCRIBING THE RANK, DESIGNATION, TENURE, QUALIFICATIONS, AND OTHER REQUIREMENTS FOR THE DESIGNATION OF POLICE HUMAN RIGHTS OFFICERS

1. REFERENCES:

a. LOI 55/07 "PAMANA" otherwise known as the PNP Human Rights Development Program; and

b. Performance Governance System — PNP P.A.T.R.O.L. Plan 2030.

2. RATIONALE:

In 2007, anchored on pertinent NAPOLCOM resolutions, the PNP activated Human Rights Desks which serve as frontline human rights promotion and protection mechanisms. The desks are supervised by designated Police Human Rights Officers (PHROs) who take the lead in cascading the PNP Human Rights Development Program also known as LOI "PAMANA" 55/07. Through LOI "PAMANA," the PNP was able to contribute to government efforts to improve the country's human rights record as evidenced by the steady decline in alleged violations over the last nine years since the program started. Despite modest successes, strategic reviews under the Performance Governance System P.A.T.R.O.L. Plan 2030 revealed a major challenge. This challenge is about frequent turnovers of PHROs due to reassignment, retirement, and even because of PHROs having two designations or job responsibilities at the same time (concurrent assignments).Frequent turnover of PHROs is the leading cause of project delays, gaps in program sustainability, and weaknesses in the supposedly continuous monitoring of human rights incidents/cases on the ground.

To address the above concerns, it has become imperative to develop and issue a policy that would strengthen the PNP Human Rights Development Program mainly by stabilizing leadership positions in human rights desks. As frontline human rights advocates/protectors, PHROs will play a key role in upholding Rule of Law, Professional Competency, and Respect for Human Rights — all of which are indispensable principles that must be applied even as the PNP continues its All-Out War against Illegal Drugs and Other Forms of Criminality.

3. SITUATION:

The Human Rights Affairs Office is recommending the strengthening of the PNP Human Rights Desks through restructuring and amendment of the designation of Police Human Rights Officers (PHROs) and their respective staff from concurrent positions into separate and distinct positions. In this connection, TDPL has sought the comments of the concerned Directorial Staff as the proposal will require the creation of additional 1,032 positions for uniformed personnel (composed of 115 PSUPT, 122 PCINSP, 107 PSINSP, 230 SPO2, and 458 SPO1) to man the HR Desks of the different PNP Offices, in full-time capacity. TDPRM is not amenable to the proposal of Chief, HRAO to amend the designation of PHROs and their respective staff from concurrent positions into separate and distinct positions. TDPL recommended that a statusquo be maintained in the designation of PNP Human Rights Desk Officers and their respective staff in concurrent capacity.

4. PURPOSE:

This Memorandum Circular (MC) provides the policy, directives, guidelines, and procedures for the selection, training, and tenure of PHROs. The main purposes of this policy are to:

a. Ensure sustainability of human rights-related programs and projects through stable leadership and management of PNP Human Rights Desks;

b. Prescribe the requirements in rank, education and training, tenure, and other qualifications for designation as PHROs;

c. Effectively educate and train PHROs in Human Rights, International Humanitarian Law, and other bodies of discipline related to human rights-based policing;

d. Maximize the time and other resources invested in the training and education of PHROs, primarily by ensuring that they willingly and competently render service as PHROs for a specified period;

e. Foster a deeper sense of responsibility and accountability among Police Human Rights Officers for the success of the PNP Human Rights Development Program and Performance Governance System — PNP P.A.T.R.O.L. Plan 2030; and

f. Demonstrate to internal and external stakeholders the sincerity and long-term commitment of PHROs to the goal of promoting and protecting human rights.

5. DEFINITION OF TERMS:

a. Police Human Rights Officer (PHRO) — refers to a Police Commissioned Officer (PCO) with the minimum rank of Police Senior Inspector (provisional requirement) who is tasked to lead, supervise, and control police personnel assigned to a Human Rights Desk. The PHRO is also responsible for the planning, implementation, monitoring, and evaluation of PNP human rights projects and activities in his/her AOR. Further, the PHRO is tasked to monitor and take appropriate action on all reported human rights violations in his/her AOR.

b. Tenure — refers to the minimum of two years of continuous service as a PHRO, subject to certain exemptions as approved by higher headquarters.

6. GUIDELINES:

a. Policies and Principles

In faithful compliance to LOI 55/07 "PAMANA" otherwise known as the PNP Human Rights Development Program, and the promotion of Human Rights Based-Policing as part of Process Excellence perspective of the PNP Performance Governance System (PGS) — P.A.T.R.O.L. Plan 2030, and in furtherance to the Philippine commitment to the universal principles of human rights standards and practices, it is hereby the policy of the Philippine National Police to:

1) Designate one PHRO at the National Support Units (NSUs),Regional Police Offices (PROs),Provincial Police Offices (PPOs),District Police Offices (DPOs),City Police Offices (CPO),and City Police Stations (CPS) levels, in concurrent capacity;

2) PCOs designated as PHROs should complete 10-day Police Human Rights Course; and

3) The PHRO must render a minimum service of two years in the said position or office before being considered for reassignment to help ensure the continuity of leadership and management of the Human Rights Desk; and to promote sustainability of human rights-related programs/projects in his/her area of jurisdiction.

b. General Rule

To effectively implement the aforecited policies, the following instructions and guidelines are hereby prescribed pursuant to the powers of the Chief, PNP under Section 26 of R.A. 6975:

1) PCOs to be designated as Police Human Rights Officers shall be endorsed to HRAO for vetting purposes. The list should include at least three PCOs who are selected by the Regional Selection Board and endorsed/approved by the Regional Director:

a) The authority to select, supervise, and control PHROs is vested upon the respective Chiefs of Offices/Directors of NOSUs, PROs, PPOs, District Police Offices, CPOs, and CPS/MPS as provided for in NHQ-PNP LOI 55/07 (PAMANA) dated December 7, 2007; and

b) The authority to select or establish priority lists, vetting processes, and other administrative requirements for inclusion in HR/IHL training shall be the prerogative of the PNP Human Rights Affairs Office (HRAO).

2) The recommendees as PHRO should meet the following minimum rank requirements indicated opposite the office level:

a) Minimum Rank

PSSUPT	-	PRO level
PSUPT	-	PPO, NOSU level
PCINSP	-	District Police Office level
PSINSP-PCINSP	-	CPO level
PINSP-PSINSP	-	CPS/MPS level

b) Completed the ten days Police Human Rights Officer Course (PHROC) conducted by HRAO, as covered by corresponding training orders from DPRM;

c) No pending administrative and/or criminal case;

d) No pending or unresolved derogatory record with the Commission on Human Rights (CHR);and

e) PCOs who have less than two years left in service shall not be designated as PHRO.

3) PNP personnel who have met the requirements under para (b) 1-5 and have served as PHRO for at least six consecutive months shall be given priority in the selection of official PNP participants to any local and/or international training/seminars on Human Rights and International Humanitarian Law;

4) Relinquishment of the post shall only be allowed if the PHRO is:

a) Due for retirement;

b) Facing a criminal and/or administrative case but shall be given the preference to be re-designated as PHRO once he/she is exonerated or acquitted;

c) Scheduled to go on temporary leave due to mandatory schooling;

d) Must undergo long-term medical treatment or suffering from serious physical and/or psychological illness as certified by the PNP Health Service, a government-recognized tertiary hospital, or duly licensed medical practitioner;

e) A recipient of a meritorious promotion which also entails a change of assignment;

f) When recommended for replacement by C, HRAO; or when directed by the Office of the Chief, PNP; and

g) When exigency of service requires.

5) The designation and relief as Police Human Rights Officer must be covered by NHQ orders issued by DPRM;

6) Other policies and SOPs on change of assignment and personnel replacement apply; and

7) The aforecited policies and guidelines shall apply to PHROs at the PROs, PPOs, NOSUs, District Police Offices, and CPO/CPS levels.

7. ADMINISTRATIVE SANCTION:

Any PNP member who violates this MC shall be dealt with administratively for neglect of duty or nonfeasance under Section 1 Rule 21 of NAPOLCOM Memorandum Circular No. 2016-002 without prejudice to the filing of criminal/administrative complaint against the offender.

8. RESCISSION:

All PNP policies, directives, and issuances which are inconsistent with the provisions of this MC are hereby deemed rescinded or modified accordingly.

9. EFFECTIVITY:

This MC shall take effect after 15 days from filing a copy thereof at the UP Law Center in consonance with Sections 3 and 4, Chapter 2, Book II of Executive Order 292 otherwise known as the "Revised Administrative Code of 1987," as amended.

(SGD.) RONALD M. DELA ROSA

Police Director General

Chief, PNP