Prescribing Policies and Guidelines Governing Payment of Salary and Allowances of Uniformed Personnel of PNP MIA, Finding of Death and Termination of Payment

December 24, 2008

NAPOLCOM MEMORANDUM CIRCULAR NO. 018-08

PRESCRIBING POLICIES AND GUIDELINES GOVERNING THE PAYMENT OF SALARY AND ALLOWANCES OF UNIFORMED PERSONNEL OF THE PHILIPPINE NATIONAL POLICE (PNP) MISSING IN ACTION (MIA), THE FINDING OF DEATH AND TERMINATION OF PAYMENT

Pursuant to Sections 78, 79 and 80 of Republic Act No. 6975, otherwise known as the "Department of Interior and Local Government Act of 1990," the following policies and guidelines governing the payment of salary and allowances of PNP Uniformed Personnel Missing in Action, the finding of death and termination of payment are hereby promulgated: HTcADC

SECTION 1. Title of the Rules. — These Rules shall be known and cited as Policies and Guidelines Governing the Payment of Salary and Allowances of Uniformed Personnel of the Philippine National Police (PNP) Missing in Action (MIA), the Finding of Death, and Termination of Payment.

SECTION 2. Definition of Terms. — For purposes of these Rules, the following terms shall be understood to mean as follows:

a. Captured — seized or being held by force

b. Kidnapped — carried away unwillingly through unlawful force or fraud or seized and detained for the purpose of so carrying away

c. Lawless Elements — criminal, illegal, corrupt, fraudulent, wicked person(s)/group(s)/organization(s)

d. Missing in Action (MIA) — any PNP Uniformed Personnel who, while in the performance of duty or by reason of being an officer or member of the PNP, is officially confirmed missing in action, kidnapped or captured by lawless elements (Sec. 78, R.A. No. 6975)

e. Next of Kin/Heirs — refers to the relatives of the missing PNP personnel who are entitled to receive the salary and allowances. For this purpose, the following are the next of kin/heirs in the order of precedence, to wit:

1. The spouse, legally married to the PNP member MIA and not legally separated by judicial decree issued on grounds not attributable to the receiving spouse and who have not abandoned the missing PNP member concerned without justifiable cause;

2. Legitimate, legally adopted and illegitimate children who arebelow 21 years of age and not yet emancipated by marriage;

3. In the absence of any of those mentioned in the above paragraphs 1 and 2, legitimate parents of the PNP member MIA; and

4. In the absence of any of those mentioned in the above paragraphs 1, 2 and 3, legitimate brothers and sisters of the PNP member MIA who are dependent from him/her for support and must be below 21 years of age and not yet emancipated by marriage.

SECTION 3. Objectives. — The Rules are prescribed to attain the following objectives: aScITE

a. To promote prompt and speedy payment of salaries and allowances of PNP member officially confirmed MIA.

b. To ensure that while so absent, his or her next of kin or heirs will receive the same pay and allowances due him or her at the time of the incident.

c. To ensure that compulsory retirement of a PNP member missing in action shall be processed to allow his or her survivors to enjoy the retirement benefits.

SECTION 4. Creation of PNP Personnel Missing in Action Board (MIA Board). —

A. To implement these rules, a PNP Personnel Missing in Action Committee (PNP MIA Committee) is hereby created in the NHQ, PNP, and shall be composed of the following:

Deputy, DPRM — Chairman

Deputy, HS — Vice Chairman

Deputy, DI — Member

Deputy, DIDM — Member

Deputy, Legal Service — Member

Deputy, DO — Member

Chief, BPAD — Member/Recorder

B. Duties and functions of the Committee:

1. To receive, evaluate the report/recommendation of the NSU/PRO having jurisdiction over the PNP member MIA and to determine the genuineness, authenticity, and completeness of the documents submitted;

2. To recommend to the Chief, PNP the payment of salaries and allowances after determination of the compliance with the requirements prescribed by these rules.

SECTION 5. Procedure in the Identification and Reporting of PNP Personnel MIA. —

A. Within five (5) days following a legitimate police operation or related police action or an incident resulting in the kidnap or capture or a situation where a PNP uniformed personnel cannot be found, the Unit Chief/Chief of Police/Office of the PNP personnel MIA shall make a report to NSU/PRO concerned, with the following information and attachment:

1. The name of police personnel MIA, rank, badge number, Office/Unit/Station of Assignment, date and place of operation or incident;

2. The name of the next of kin/heir, complete address, and his or her relationship to the PNP personnel MIA;

3. After-Police Operation Report duly signed by the team leader of the police unit/office concerned that conducted the operation or a detailed police report in case the PNP member concerned was kidnapped or captured or missing and cannot be found;

4. Original copy of updated Personal Data Sheet and Service Record of the PNP MIA to be secured by respective liaison officer/s from RMD, DPRM; HEITAD

5. Copy of PNP issued Dependent's ID. In case of photocopy, it must be authenticated by the proper Administrative Officer or PHRDD Chief concerned;

6. If the claimant is the spouse, marriage contract duly authenticated by NSO must be submitted.

 If the claimant is a child, he/she shall submit Certificate of Live Birth duly authenticated by NSO and the marriage contract stated above. For legally adopted children, adoption papers and other documentary proofs shall be submitted.

 If the claimant is a brother or sister, parent's marriage contract and Certificate of Live Birth of the PNP member concerned and the claimant, duly authenticated by NSO shall be submitted.

B. Flow Chart for payment of salary and allowances of PNP uniformed personnel MIA

 

Step	OPR	Work Activity
1	City/Municipal Police Station/Provincial Police Office	- makes a report to the NSU/PRO through a formal communication within five (5) days - submits necessary documents to facilitate the processing of the benefits to next of kin/heirs of the PNP personnel MIA
2	National Support Unit/Police Regional Office	- validates the report - submits recommendation to the PNP MIA Committee
3	NHQ PNP MIA Committee	- evaluates and determine the genuineness, authenticity and completeness of all supporting documents - submits recommendation to the DPRM (Attn: BPAD) * In case the involved personnel was assigned with the NHQ, all pertinent documents shall be directly submitted to the PNP MIA Committee
4	DPRM	- Evaluates to reports and documents and submit recommendation to the Chief, PNP
5	Chief, PNP	- Evaluates the report and documents - If approved, directs the payment of the salary and allowances to heirs of the PNP personnel MIA for a maximum period of one (1) year

 

SECTION 6. Payment of Salary and Allowances to Heirs of Uniformed Personnel MIA. — After compliance with the requirements prescribed by this Circular and upon the recommendation of the Board, the Chief, PNP shall direct the payment of the salary and allowances of the PNP member MIA for a maximum period of one (1) year from the date he or she was reported to be MIA.

SECTION 7. Finding of Death and Termination of Payment of Salary and Allowances. — Upon the termination of the one (1) year period mentioned in the preceding section, the missing PNP uniformed personnel shall be automatically terminated from the service. In the event that said personnel was thereafter found to be alive and is not entitled to the salary and allowances paid, the amount received shall be reimbursed by the PNP members concerned to the government within six (6) months from his or her reappearance.

If a finding of death is made, it shall include the date when the death shall be presumed to have occurred for the purpose of terminating the payment of salary and allowances, settlement of accounts, and payment of benefits which such PNP member may be entitled.

If the reported disappearance is fraudulent and made in bad faith, the alleged PNP member MIA and his co-conspirators shall be administratively and criminally charged in accordance with law. As may be warranted by evidence, the penalty of dismissal from the police service shall be imposed without prejudice to the recovery of the benefits which his or her heirs receive. ATICcS

In case of findings of death or judicial declaration of presumption of death, the guidelines and procedures in the payment of death benefits will apply.

SECTION 8. Conclusiveness of Decision of the Chief, PNP. — Unless supervening evidence would show otherwise, the confirmation of the Chief, PNP that a PNP member was MIA shall be conclusive.

SECTION 9. Repealing Clause. — All existing issuances contrary to or inconsistent with this Circular are hereby repealed and modified accordingly.

SECTION 10. Penalty Clause. — Any violation of the provision of this Circular shall be a ground for administrative sanction in accordance with existing laws, rules and regulations.

SECTION 11. Effectivity. — This Memorandum Circular shall take effect fifteen (15) days following its publication in the Official Gazette or newspaper of general circulation pursuant to Article 2 of the New Civil Code.

ADOPTED, this 24th day of December in the Year Two Thousand and Eight in Makati City, Metro Manila, Philippines.

(SGD.) RONALDO V. PUNOChairman, NAPOLCOM

(SGD.) EDUARDO U. ESCUETACommissionerVice Chairman and Executive Officer

(SGD.) MIGUEL G. CORONERCommissioner

(SGD.) LUIS MARIO M. GENERALCommissioner

(SGD.) JESUS A. VERZOSACommissioner

Attested by:

(SGD.) ADELMALYN A. MUNIEZAChief, Secretariat