Prescribing Guidelines Governing the Personnel Action of Dropping from Rolls of Officers and Non-Officers of PNP for Incurring Absences without Official Leave/Unauthorized Absences

August 14, 1995

NAPOLCOM MEMORANDUM CIRCULAR NO. 17-95

PRESCRIBING GUIDELINES GOVERNING THE PERSONNEL ACTION OF DROPPING FROM THE ROLLS OF OFFICERS AND NON-OFFICERS OF THE PHILIPPINE NATIONAL POLICE (PNP) FOR INCURRING ABSENCES WITHOUT OFFICIAL LEAVE/UNAUTHORIZED ABSENCES

WHEREAS, under Memorandum Circular No. 12, s. 1994 of the Civil Service Commission, it is provided, among others, that "If the number of unauthorized absences incurred is less than thirty (30) calendar days, written return to work order shall be served on the official or employee at his last known address on record. Failure on his part to report for work within the period stated in the order shall be a valid ground to drop him from the rolls";

WHEREAS, it is of judicial and public notice that police service is a special branch of government service and by its very nature is always and at all times regarded as a demanding and exacting profession. As such, every police officer, regardless of the nature of his work or place of assignment, must constantly and seriously consider that he discharges a vital function affecting public safety;

WHEREAS, statistics on record indicate that more than fifty (50%) of administrative cases filed against members of the PNP involved the administrative offense of Neglect of Duty committed thru absence without official leave or unauthorized absences;

WHEREAS, mindful of the pernicious effect of such unprofessional conduct, not only because of the serious morale problem involved, but more so because of its direct adverse effect upon the capability and competence of PNP units to respond effectively with their delicate functions and responsibilities, it is to the best interest of the service that appropriate remedial measures be now instituted;

NOW, THEREFORE, this Commission, in the exercise of its constitutional and statutory mandate to administer and control the PNP, hereby promulgates the following guidelines to govern the personnel action of dropping from the PNP Roster of Personnel officers and non-officers for incurring absences without official leave/unauthorized absences.

SECTION 1. Coverage. — This Memorandum Circular shall be applicable to all officers and non-officers of the PNP.

SECTION 2. Nature of Personnel Action. — Dropping from the rolls/PNP Roster of Personnel is a mode of separation which is non-disciplinary in character and does not result in the forfeiture of any benefits on the part of the officer or employee nor in disqualifying him from reemployment in the government. As such, it does not require the stringent observance of due process.

However, while separation from the service through dropping from the rolls is not a disqualification for reappointment, as a matter of policy in the police service, it is considered as a derogatory record as such, their reemployment in the PNP is hereby prohibited.

SECTION 3. Absence Without Official Leave. — In general, it refers to the status of any official or employee who absents himself from work without approved leave of absence. As applied to the officers and non-officers of the PNP, it shall encompass, but not limited to the following:

3.1. Absence from place of work or assignment without approved vacation leave;

3.2. Failure to report for duty after the expiration of approved leave of absence;

3.3. Failure to give notice to his immediate superior officer the fact of his inability to report for work on account of sickness or injury;

3.4. Failure to file appropriate application for sick leave after his return for work attaching therewith the required Medical Certificate;

3.5. Abandonment of work or assignment without prior approval of his immediate superior officer; and

3.6. Failure to report to his new assignment/unit within three (3) days from receipt of the order of reassignment or for reporting to a unit where he is not officially assigned.

SECTION 4. Ground for Non-Disciplinary Action. — Any member of the PNP falling under any of the categories mentioned in Section 3 hereof for a period of five (5) calendar days or more but not to exceed thirty (30) calendar days shall be dropped from the rolls, after due notice, in accordance with the procedure hereunder prescribed.

As regards an officer or employee who has been continuously absent without approved leave for thirty (30) calendar days or more, he shall be dropped from the rolls without prior notice. However, he shall be informed of his separation from the service not later than five (5) days from its effectivity, which shall be sent to the address appearing on his latest 201 files or his present place of work or assignment.

SECTION 5. Procedure. — (1) Immediately after the lapse of five (5) calendar days from the date that the PNP personnel has been on absence without official leave in any of the categories mentioned in Section 3 hereof, the immediate superior officer shall forthwith serve a written notice, either by registered mail or personal delivery, at the former's last known address or present place of work/assignment on record directing him to report/return for work within three (3) days from receipt of said notice, with a warning, that failure or refusal to comply with the same will be a valid ground to drop him from the rolls.

(2) If after the expiration of three (3) days, the absentee PNP member fails to return for work, the immediate superior officer shall submit, thru proper channel, within three (3) days the corresponding report with the recommendation to drop him from the rolls to the proper PNP authorities.

(3) Upon receipt of the official report, the PNP authority vested with the jurisdiction to exercise this non-disciplinary power shall thoroughly evaluate the records, and if found to be meritorious, shall forthwith issue the Order of Dropped from the Rolls.

SECTION 6. PNP Officers Authorized to Drop from the Rolls. — The Chief, PNP as head of office and the appointing authority for all officers, excluding those holding the rank of Senior Superintendent or higher, and non-officers assigned at the national headquarters, and the PNP Regional Directors with respect to regional personnel, including officers and members of the administrative and operational support units assigned thereat.

However, in the interest of the service, the Chief, PNP may delegate such authority.

SECTION 7. Finality of Order. — The Order of Dropped from the Rolls issued by the Chief, PNP, Regional Directors and those PNP officers delegated with such authority, shall be immediately executory, without prejudice to the filing of a Motion for Reconsideration or Appeal, as the case may be.

In case, however, that the Motion for Reconsideration/Appeal filed by the PNP member found to be on absence without official leave is meritorious, he shall be restored to his former position with entitlement to all the benefits and allowances he failed to receive during the period of his absence.

SECTION 8. Effect of Order of Dropped from the Rolls. — Immediately upon the issuance of the Order of Dropped from the Rolls, the salary and other allowances of the concerned PNP member shall be immediately stopped and his name stricken from the records; the period that he was on absence without official leave shall be deducted from his accumulated leave credits; and his issued firearms and other accoutrements shall be recalled, including his PNP Identification Card and Police Badge.

SECTION 9. Filing of Motion for Reconsideration. — Within three (3) days from receipt of the Order of Dropped from the Rolls, the concerned PNP member may file a Motion for Reconsideration with the non-disciplinary authority who issued the Order, which Motion shall be resolved within the same period.

Only one (1) Motion for Reconsideration shall be allowed.

SECTION 10. Filing of Appeal. — An Order, issued by the PNP Regional Director or the PNP officers delegated to exercise such authority, denying the Motion for Reconsideration is appealable to the Chief, PNP, within three (3) days for receipt of the Order of Denial. He shall have the same period to resolve the appeal and his decision thereof shall be final.

The Order of Dropped from the Roll issued by the Chief, PNP shall be final and executory.

SECTION 11. Service of Order. — Copies of the Order issued by any of the non-disciplinary authorities mentioned in Section 6 hereof shall be served to the PNP member concerned, either by personal delivery or registered mail at his address appearing on his latest 201 files or his present place of work or assignment. His immediate superior officer shall be furnished a copy of the same.

SECTION 12. Other Provisions. — (1) Every case of absence without official leave committed by any PNP personnel shall be the direct responsibility of the immediate superior officer. Failure and/or refusal to initiate either disciplinary or non-disciplinary action against the erring personnel shall render him administratively liable under the Doctrine of Command Responsibility.

(2) A PNP member who has been found on continuous absence without official leave or incurred unauthorized absences may be dropped from the rolls in accordance with the rules prescribed herein and/or administratively charged for AWOL; Provided, however, That if a disciplinary action has to be undertaken, along with the dropping from the rolls, the complaint should be filed first, while the erring personnel is still in the service.

SECTION 13. Repealing Clause. — All issuances of this Commission which are inconsistent with any of the provisions of this Circular are hereby modified or repealed accordingly.

SECTION 14. Effectivity. — This Memorandum Circular shall take effect upon approval.

APPROVED, this 14th day of August 1995 at Makati City, Metro Manila, Philippines.

(SGD.) RAFAEL M. ALUNAN IIISecretary, DILG and Chairman

(SGD.) GUILLERMO P. ENRIQUEZ, JR.Commissioner

(SGD.) EDGAR DULA TORRESCommissioner

(SGD.) ALEXIS C. CANONIZADOCommissioner

Attested by:

(SGD.) REYNALDO JD CUADERNODeputy Executive Director IV