Revised Rules Governing the Investigation and Adjudication of Benefit Claims of Uniformed PNP Members

August 31, 2011

NAPOLCOM MEMORANDUM CIRCULAR NO. 009-11

REVISED RULES GOVERNING THE INVESTIGATION AND ADJUDICATION OF BENEFIT CLAIMS OF UNIFORMED MEMBERS OF THE PHILIPPINE NATIONAL POLICE (PNP)

Pursuant to the provisions of R.A. No. 6975, as amended, the National Police Commission hereby adopts and promulgates the following rules governing the investigation and adjudication of benefit claims of uniformed PNP members. DEacIT

RULE I

Title and Construction

SECTION 1. Title of the Rules. — These Rules shall be known and cited as the "Revised Rules Governing the Investigation and Adjudication of Benefit Claims of Uniformed Members of the Philippine National Police (PNP)."

SECTION 2. Coverage. — These Rules shall apply to claims for death and permanent total disability benefits of the uniformed members of the PNP.

All claims for temporary disability or sickness benefits of PNP uniformed members shall be filed with the PNP and acted in accordance with its existing Rules and Regulations relative thereto.

SECTION 3. Construction. — These Rules shall be liberally construed in order to promote and attain the objectives of obtaining a just, reasonable and speedy investigation and adjudication of benefit claim.

RULE II

Definition of Terms

SECTION 1. Definition of Terms. — For purposes of these Rules, the following terms shall mean:

a) Commission — refers to the National Police Commission created under R.A. No. 6975, as amended;

b) Death — the loss of life resulting from injury or sickness;

c) Dependent Children — any legitimate or legally adopted child of the deceased uniformed PNP member who is not gainfully employed and not over twenty one (21) years of age at the time of latter's death, or over twenty one (21) years old, provided he is incapable of support for himself due to mental or physical defects.

d) Disability — any loss or impairment of the normal functions of the physical or mental faculties of a uniformed PNP member which reduces or eliminates his capability to continue with his present employment;

e) Hearing Officer/Investigator — an official/personnel designated by the Commission to investigate applications for benefit claims;

f) Injury — any harmful change in the human organism arising from any incident sustained at work, while at the work place, or elsewhere executing an order from the PNP, or sustained by reason of the performance of duty;

g) Medical Officer — refers to the Commission's Medical Officer, Legal Affairs Service; TSHcIa

h) Total Permanent Physical Disability — any impairment of the mind or body which renders the disabled uniformed PNP member incapable of performing substantially the duties of a police officer and which is expected to be long, continued and of indefinite duration, provided, that irreparable loss of the power of speech, or sense of hearing, or loss of one or both hands or feet, or loss of one eye or both eyes, or loss of limbs, or brain injury resulting in incurable imbecility or insanity shall be considered total permanent physical disability.

 In all cases, the disability shall be deemed permanent if it has persisted for a period exceeding six (6) months, without fixed healing period and renders the uniformed PNP member incapable of performing the duties and functions; Provided further, that in case the disability is found to be permanent beyond doubt upon medical examination of said member, the waiting period of six (6) months shall no longer be applied.

i) Sickness — an illness accepted as an occupational disease, or any illness caused or aggravated by employment, subject to proof that the risk of contracting the same is increased by working conditions;

j) Supplies — consists of medicines and other medical or surgical items used relative to the medication or treatment of the injury or sickness of the uniformed PNP member.

k) Uniformed PNP Member — an officer or non-officer of the PNP appointed in accordance with R.A. No. 6975, as amended.

RULE III

Grounds for Compensability

SECTION 1. Grounds for Compensability. — (a) For the injury and the resulting disability or death to be compensable, the injury must be the result of an employment accident satisfying any of the following conditions:

1) The PNP member must have been injured at the place where his work requires him to be and must have been performing his official functions;

2) If the death or injury is sustained elsewhere, the uniformed PNP member must have been executing a lawful order from his Chief of Police or from his supervisor, as the case may be;

3) The death or injury is sustained by reason of the performance of official duty; or

4) When a PNP member is accidentally injured at a point reasonably proximate to the place of work, while he is going to and coming from his work.

(b) For the sickness and the resulting disability or death to be compensable, the sickness must be the result of an occupational disease listed in Rule VII of this Rules. Otherwise, proof must be shown that the risk of contracting the disease is increased by the working conditions.

SECTION 2. Notice. — The uniformed PNP member or his authorized representative shall notify his Chief of Police or immediate supervisor during the period that he is absent due to sickness or injuries. He shall however file an application for leave of absence immediately upon his return to Office.

Injuries or death involving a PNP member shall be reported to his police office or unit assignment within twenty four (24) hours from its occurrence and an investigation relative thereto shall be immediately conducted.

The concerned police station or office shall submit to the Commission or NAPOLCOM Regional Office a copy of the Investigation Report within thirty (30) days from the occurrence of the injuries or death.

RULE IV

Investigation and Adjudication of Application for Total Permanent Physical Disability Benefits

SECTION 1. Who May File Claim for Disability. — An application for Total Permanent Physical Disability (TPPD) may be filed by the uniformed PNP member himself or in case of incapacity, his duly authorized representative. HDTcEI

In case a uniformed PNP member who has been found to be disabled refuses to apply for total permanent physical disability retirement, he/she shall be separated or attrited pursuant to the provision of Section 29 of R.A. No. 8551 as implemented by Memorandum Circular No. 2008-005 "Prescribing Policies, Procedures and Guidelines Governing the Attrition system for Uniformed Personnel of the PNP".

SECTION 2. Where to File Claim. — (a) All uniformed PNP members assigned with the National Headquarters, National Support Units (NSUs) and other PNP Special Units shall submit their individual APPLICATION LETTER FOR TOTAL PERMANENT PHYSICAL DISABILITY (TPPD) retirement under oath to the Directorate for Personnel and Records Management (DPRM) thru the Pension Retirement and Benefits Administration Service (PRBS) for recording and appropriate action.

(b) All other PNP members assigned with the Police Regional Offices shall submit their individual APPLICATION LETTER FOR TPPD to the Regional Personnel and Human Resource Development Divisions (RPHRDD).

SECTION 3. Endorsement of Application to the Health Service. — The concerned Regional Personnel and Human Resource Development Division (RPHRDD) shall within fifteen (15) days from receipt of the application for TPPD endorse the same to the Regional Health Service for the conduct of initial medical screening.

After the initial medical screening, the Regional Health Service shall submit its medical report to the Chief, RPHRDD who shall in turn endorse the application for TPPD together with the said report to the DPRM.

All applications of PNP members for TPPD endorsed/submitted to the DPRM shall be referred to the Health Service for final medical screening.

SECTION 4. Conduct of Medical Screening. — The Director of the Health Service thru the Chief, PNP General Hospital shall assign a physician who specializes in the field of medical expertise involving the case of each applicant for TPPD to conduct the medical examination.

Such medical examination shall be conducted in the Regional Health Service Unit where the applicant/claimant is assigned if it is physically difficult for him or it will seriously affect his health condition to report to the PNP General Hospital for examination.

All results of medical findings in each case are submitted to the Director of the Health Service. Cases where the applicants are categorized as P4 shall be indorsed by the Director of Health Service to the Medical Screening Committee for Physical or Mental Incapacity (MSCPMI) for final medical screening.

MSCPMI conducts final medical screening and submits result of deliberations to the Director of the Health service who shall re-endorse each case back to DPRM thru PRBS.

SECTION 5. Deliberation of the Application by the Total Permanent Physical Disability (TPPD) Board. — Upon receipt of the endorsement from the Director of the Health Service of the result of the final medical screening, the TPPD Board shall convene and deliberate all cases categorized as P4 and recommend thru resolution to the DPRM.

SECTION 6. Endorsement of the Recommendation for TPPD Retirement to the Commission. — All cases confirmed and recommended for TPPD retirement shall be endorsed by the PNP to the Commission thru the Legal Affairs Service (LAS) for evaluation.

SECTION 7. Evaluation and Examination of the Application by the NAPOLCOM Medical Officer. — The NAPOLCOM Medical Officer shall evaluate the application and the recommendation of the PNP for the TPPD retirement of a PNP member.

In the evaluation of the application, the Medical Officer may require submission of additional clinical or medical records, personally examine the claimant PNP member or require him to undergo laboratory tests. DCcHAa

Thereafter, the Medical Officer shall submit his recommendation to the Director, Legal Affairs Service who shall forward the complete records of the application for TPPD to the Regional Director of the NAPOLCOM Regional Office that has administrative jurisdiction over the police unit of the claimant for Adjudication.

SECTION 8. Supporting Documents to an Application for Total Permanent Physical Disability. — Before or during the hearing of the application, the claimant PNP member or his representative shall submit the following documents:

a) Service record duly issued or authenticated by the PNP Directorate for Personnel and Records Management (DPRM);

b) Certified copy of latest appointment;

c) Clearance from money and property accountability;

d) Certification of non pending case from the Office of the Ombudsman, NAPOLCOM, PNP, IAS, and People's Law Enforcement Board (PLEB);

e) Detailed Investigation Report of the Chief of Police or immediate superior or supervisor, as to the cause and extent of disability;

f) Certificate from the Chief of Police or Personnel Officer, as the case may be, indicating the restorable deducted leave credits for absences incurred by reason of the injury sustained or sickness contracted which the subject of the claim;

g) Official receipts duly registered with the Bureau of Internal Revenue for reasonable medical and hospitalization expenses, necessary transportation and subsistence incurred on account of service-connected disability; Purchase of medicines in excess of Php50.00 shall be evidenced by doctor's prescription.

SECTION 9. Investigation and Adjudication of the Claim. — (a) Within five (5) days from receipt of the complete records of the application, the Hearing Officer designated by the NAPOLCOM Regional Director shall set the hearing of the claim and shall notify the claimant/s, heirs and other persons whose presence in the investigation is necessary. In no case shall the hearing of the claim be conducted beyond fifteen (15) days from the date of receipt of the records from the Legal Affairs Service.

(b) Should serious question on the compensability of a claim arise, the NAPOLCOM Regional Director shall direct the Technical Service Division to conduct the necessary inquiry, who shall forthwith submit the corresponding Report. Said Report shall be attached in the records of the claim and considered by the Hearing Officer in his Report of Investigation.

(c) Within fifteen (15) days from the termination of the investigation, the Hearing Officer/Investigator shall submit his Report Investigation together with the complete records of the claim to the Regional Director for adjudication.

(d) The Regional Director shall adjudicate the claim within fifteen (15) days from receipt of the Report of Investigation.

(e) The claimant shall be immediately furnished a copy of the adjudication. ADTCaI

RULE V

Investigation and Adjudication of Claim for Death Benefits

SECTION 1. Who May File Claim/Application for Death Benefits. — A claim for death benefits may only be filed by the following in the order of precedence:

a) Surviving spouse;

b) Surviving dependent legitimate children;

c) Non-dependent legitimate and illegitimate children;

d) Surviving parents;

e) Surviving brothers and sisters.

SECTION 2. Where to File Claim. — An application letter under oath for death benefits shall be filed with the Office of the NAPOLCOM Provincial Officer of the province or city where the PNP member is stationed or in the Regional Office of the Commission having administrative jurisdiction of the unit assignment of the deceased PNP member.

SECTION 3. Supporting Documents to a Claim for Death Benefits. — A claim for death benefits shall be in writing and under oath, filed in triplicate copies and indicating briefly the identity of the deceased PNP member, the date and cause of his death.

The claim must be supported by the following:

a) Service record issued or duly authenticated by the PNP Directorate for Personnel and Records Management (DPRM);

b) Certified copy of latest appointment;

c) Death Certificate issued by the National Statistics Office;

d) Detailed Investigation Report of the Chief of Police or immediate superior or supervisor, as to the circumstances or cause of death;

e) Clearance from money and property accountability;

f) Marriage Contract of surviving spouse with the deceased and birth certificates of surviving children, if any, issued by the National Statistics Office;

g) Certificate of No Marriage (CENOMAR) issued by the National Statistics Office (NSO);

h) Official receipts duly registered with the Bureau of Internal Revenue for reasonable medical and hospitalization expenses, necessary transportation and subsistence incurred on account of service-connected disability; Purchase of medicines in excess of Php50.00 shall be evidenced by doctor's prescription;

i) Certificate from the Chief of police or Personnel Officer, as the case may be, indicating the restorable deducted leave credits for absences incurred by reason of the injury sustained or sickness which caused the death of the PNP member and the subject of the claim. AEIcTD

j) Proofs of surviving legal heirs if claimant is other than the surviving spouse or child.

k) If the claim is filed by a parent or by a brother or sister, proof must be submitted indicating that the deceased died single without any surviving child/children.

SECTION 4. Investigation and Adjudication of the Claim/Application. — (a) Within five (5) days from receipt of the application, the NAPOLCOM Hearing Officer designated by the Regional Director shall set the hearing of the claim and shall notify the claimant/s, heirs and other persons whose presence in the investigation is necessary. In no case the hearing of the claim be conducted beyond fifteen (15) days from the date of receipt of the application.

(b) Should serious question on the compensability of a claim arise, the NAPOLCOM Regional Director shall direct the Technical Service Division to conduct the necessary inquiry, who shall forthwith submit the corresponding Report. Said Report shall be attached in the records of the claim and considered by the Hearing Officer in his Report of Investigation.

(c) Within fifteen (15) days from the termination of the investigation, the Hearing Officer/Investigator shall submit his Report of Investigation together with the complete records of the claim to the Regional Director for adjudication.

(d) The Regional Director shall adjudicate the claim within fifteen (15) days from receipt of the Report of Investigation.

(e) The claimant shall be immediately furnished a copy of the adjudication.

RULE VI

Benefits and Beneficiaries

SECTION 1. Death Benefits of PNP Beneficiaries. — The following shall be awarded to the beneficiaries of a deceased PNP member:

A. Surviving spouse or, if there be none, the surviving dependent legitimate or legally adopted children.

1) Gratuity equivalent to the deceased PNP member one year basic salary;

2) Burial expenses equivalent to three (3) month's basic salary of the deceased;

3) Monthly pension equivalent to eighty (80) percent of the deceased's basic salary for a period of five (5) years from the date of death;

4) Reimbursement of reasonable expenses for medicines, medical attendance, hospital fees, necessary transportation and subsistence; and CSIHDA

5) Restoration of deducted leave credits for absences incurred by reason of sickness or injury which caused his death and the subject of the claim.

B. In the absence of the surviving spouse and dependent legitimate children, the non-dependent legitimate children together with illegitimate children, if any, or if there be none, the surviving parents or in their absence, surviving brothers and sisters of the deceased PNP member shall be entitled to the following death benefits:

1) Gratuity equivalent to the deceased PNP member one (1) year basic salary;

2) Burial expenses equivalent to three (3) month's basic salary of the deceased;

3) Reimbursement of reasonable expenses for medicines, medical attendance, hospital fees, necessary transportation and subsistence; and

4) Restoration of deducted leave credits for absences incurred by reason of sickness or injury which caused his death and the subject of the claim.

SECTION 2. Total Permanent Physical Disability. — The following total permanent physical disability benefits shall be awarded to a PNP member who incurred such disability in line of duty or service-connected sickness or injury: cAHITS

1) Gratuity equivalent to the claimant's one (1) year basic salary;

2) Lifetime monthly pension equivalent to eighty (80) percent of the claimant's basic salary;

3) Reimbursement of reasonable expenses for medicines, medical attendance, hospital fees, necessary transportation and subsistence; and

4) Restoration of deducted leave credits.

SECTION 3. Effectivity Date of Retirement of Uniformed PNP Members Based on Total Permanent Physical Disability. — The retirement of a PNP member by reason of total permanent physical disability takes effect only upon approval of the adjudication by the concerned NAPOLCOM Regional Director.

If a uniformed PNP member has been compulsorily retired pursuant to Section 39 of R.A. No. 6975, as amended, prior to the approval of his claim by the Commission for total permanent physical disability benefits, it having been established that he incurred such disability before his compulsory retirement, the effectivity of payment of pension by the Commission shall likewise commence upon the approval of the adjudication.

In no case shall a uniformed PNP member be allowed to file both optional retirement and an application for total permanent physical disability.

Prior to the approval of the application by the Commission, the uniformed PNP member shall continue to report for duty and render police service and receive his salary as such, unless he is physically incapable of performing his duties or he has already reached his compulsory retirement in which case he shall automatically cease to report for duty and to receive salary.

SECTION 4. Beneficiaries in Death Claims. — (a) The following are the only beneficiaries in the order of precedence:

1) Surviving spouse;

2) Surviving dependent legitimate children;

3) Non-dependent legitimate children and illegitimate children; 

4) Surviving parents;

5) Surviving brothers and sisters;

b) If a deceased PNP member during his lifetime contracted a second marriage after the death of his first spouse, the surviving legitimate children of the first marriage, if any, shall be entitled to a proportionate share of the benefits applying suppletorily the provision of Article 888 of the New Civil Code which states that "the legitime of the legitimate children and descendants consists of one-half of the hereditary — of the father and of the mother. The latter may freely dispose of the remaining — share subject to the rights of illegitimate children and of the surviving spouse as herein provided."

The dependent legitimate children of the first marriage shall, in support of their claim, submit proof evidencing filial relationship with the deceased uniformed PNP member.

c) If the deceased Uniformed PNP member is a Mohammedan, the award of compensation benefits to the beneficiaries shall be made in accordance with the provision of P.D. 1083 (Code of Muslim Personal Law of the Philippines). SDAaTC

SECTION 5. Survivorship Benefits. — When a uniformed PNP member who has been retired under total permanent physical disability under R.A. No. 6975, as amended, dies within five (5) years from the date of his retirement, his surviving spouse or, if there be none, his surviving dependent legitimate children shall be entitled to the pension for the remainder of the five-year guaranteed period.

RULE VII

List of Compensable Illness/Disease Leading to the Death or Total Permanent Physical Disability

SECTION 1. Categories of Compensable Illness. — Compensable illness may be either:

a) Those listed as occupational disease; or

b) Those not listed as occupational disease but the risk of contracting the same is proven to have increased by the working conditions.

The following are classified as occupational diseases:

1) Skin cancer

2) Cataract leading to blindness

3) Rabies

4) Tuberculosis and its complications

5) Poisoning acAIES

a) Carbon dioxide poisoning

b) Carbon monoxide poisoning

c) Lead poisoning

d) Food poisoning

6) Diseases caused by abnormalities in temperature and humidity

a) Heart stroke

b) Frostbite/Freezing

7) Cerebrovascular accidents — as long as it is not due and/or aggravated by chronic alcoholism and/or cigarette smoking

a) CVA embolism

b) CVA thrombosis

c) CVA thrombo-embolism

d) CVA hemorrhage

8) Parasitism — Compensability should be based on the principle of:

a) Greater risk of acquiring the disease in the place of work than in the place of usual residence.

b) Disease was acquired in endemic areas (i.e., areas where said disease is prevalent)

9) Cardiovascular diseases:

a) Acute myocardial infarction

b) Congestive heart failure class IV-E

10) Pneumonia

Viral pneumonia

Bacterial pneumonia

11) Peptic ulcer diseases — as long as it is not due to chronic alcoholism THCASc

12) All forms of Psychoses/Schizophrenic disorders

13) Physical traumas resulting in:

a) Death

b) Loss of limb/s or its function

c) Blindness

d) Deafness

14) Diarrhea and its complications

15) Cancer of the brain

16) Diabetes and its complications

The following ailments are not occupational diseases and subject to proof that the risk of contracting the same are increased by the working conditions:

1. Viral hepatitis

2. Cancer of the liver

3. Cancer of the lungs

4. Cancer of the pancreas

5. Cancer of the stomach and intestine

6. Liver cirrhosis and its complications

RULE VIII

Scope of Medical Attendance and Hospitalization Benefits

SECTION 1. Scope of Service. — Medical and hospitalization benefits shall embrace the following:

a) Medical

1) Professional attendance and treatment

2) Consultative professional Fees (Medical)

b) Surgical

1) Surgical operation or intervention, after -care and follow-up

2) Consultative Professional Fees (Surgical)

c) Hospital

1) Accommodation

2) Ambulance and operating room services

3) Clinical laboratory services IcTEaC

4) Diagnostic services/procedure as may be necessary to diagnose or effect a cure

d) Supplies

1) Drugs, medication or medical supplies

2) Any other goods or supplies prescribed for medical diagnose, care or treatment

RULE IX

Rules on the Payment and/or Reimbursement of Reasonable Medical Expenses

SECTION 1. Prior Examination and Evaluation by the PNP Physician or NAPOLCOM Medical Officer. — Except in emergency cases, PNP members who want to be hospitalized must consult the PNP physician or the NAPOLCOM Medical Officer for examination and evaluation of the sickness or injury, who shall then issue the necessary referrals.

SECTION 2. Hospital Room Rate. — Hospital room rate shall not exceed Php1,500.00 per day except in the following cases:

a) When the condition of the patient needs to be confined in the Intensive Care Unit (ICU) or in specialized unit;

b) When special equipment is installed or used for the patient's survival;

c) In case of emergency when the patient needs to be brought to a nearest hospital, the cheapest room available must be chosen. As soon as the patient's condition improves or when the emergency ceases, the patient must be transferred to a room with a rate of not more than Php1,500.00 per day. Otherwise, the excess shall be borne by the patient. IEaCDH

d) Any other cases analogous to the foregoing, upon evaluation and recommendation by the PNP physician or NAPOLCOM Medical Officer.

 Professional and hospital expenses shall be evaluated by the NAPOLCOM Medical Officer prior to its approval by the Commission.

SECTION 3. Medicines. — Payment for necessary medicines, drugs, and other medical preparation duly prescribed by a physician whether purchased from a reputable drug store or supplied by the attending physician or the hospital where the patient is confined shall be allowed, provided that the same shall not be more than the "retail price" prevailing in the local drug stores, Provided further, that request for payment must be properly supported by official receipts registered with the Bureau of Internal Revenue, and with corresponding doctor's prescription duly validated by the NAPOLCOM Medical Officer. In case of purchase of medicines, the same shall be evaluated by the NAPOLCOM Medical Officer.

SECTION 4. Limitation on Reimbursement of Expenses. — The Commission shall reimburse to a PNP member who suffered injury or contracts sickness in line of duty all the expenses for the necessary medical, surgical and hospital services, as the nature, seriousness, difficulty and complication of the injury or sickness may require.

The Commission shall pay only reasonable, necessary and relevant services. Therefore, except in emergency cases, a PNP member may undergo laboratory work-ups and such other prescription procedures only after he/she has been examined by the PNP physician or NAPOLCOM Medical Officer who shall then issue the necessary referrals.

SECTION 5. Effect of Disapproval or Denial of the Claim. — The denial of the application for total permanent physical disability or death benefit shall be deemed to include the claim for reimbursement of medical and/or hospitalization expenses incurred by the PNP member.

SECTION 6. Medical Re-examination. — The NAPOLCOM Medical Officer may require the PNP member to undergo medical reexamination to determine whether or not he/she has fully recovered from a particular ailment.

RULE X

Grounds for Denial of the Claim and Liability of Claimants or their Representative

SECTION 1. Grounds for the Denial of the Claim. — No claim shall be approved or compensation allowed to a uniformed PNP member or his beneficiaries when the injury or sickness and the resulting disability or death is occasioned by any of the following:

a) By intoxication or drunkenness or vicious immoral habits, or unauthorized or illegal use of regulated or prohibited drugs;

b) By willful intention to injure or kill oneself;

c) By notorious or gross negligence;

d) By unlawful aggression or provocation on the part of the claimant or deceased PNP member.

An application for total permanent physical disability or death benefit claims shall likewise be denied if it does not satisfy any of the conditions provided in Sections 1 and 2, Rule III of this Resolution.

SECTION 2. Administrative Liability. — Any claimant uniformed PNP member or his representative who, for the purpose of securing entitlement to any benefit or payment under these rules, commits fraud, collusion, falsification or misrepresentation of facts or any other kind of anomaly, shall be subject to criminal and administrative action the Commission may deem appropriate and the evidence warrants.

RULE XI

Appeals

SECTION 1. Appeals. — Within fifteen (15) days from receipt of a copy of the resolution denying a claim, the claimant may file an appeal to the Regional Appellate Board (RAB) by filing a Notice of appeal with the Office of the Regional Director.

The Regional Director shall transmit the complete records of the claim to the Regional Appellate Board (RAB) within five (5) days from receipt of the Notice of Appeal.

The decision of the RAB affirming the resolution of the Regional Director shall be final and executory. ITScAE

SECTION 2. Automatic Review. — Decision of the RAB reversing the resolution of the Regional Director denying the claim for benefits shall be subject to automatic review by the Commission En Banc. The RAB Chairman shall forward the entire records of the claim to the Commission thru the Chief, Legal Affairs Service within five (5) days from the release of its decision.

The decision of the Commission En Banc shall be final and executory.

RULE XII

Miscellaneous Provisions

SECTION 1. Prescriptive Period. — No application for total permanent physical disability by a uniformed PNP member shall be filed within one (1) year before his compulsory retirement except when the disability was only sustained or suffered within the said period. A claim for death benefits shall not prescribe.

SECTION 2. Effects of Pending Administrative or Criminal Case. — The release of the benefits of the claimant shall be subject to the outcome or resolution of the pending administrative or criminal case against him/her.

SECTION 4. ^* Transfer of Venue. — As a matter of policy, request for change or transfer of venue of investigation of a claim for benefits is not allowed. However, the Vice Chairperson and Executive Officer or the Regional Director who has jurisdiction over the pending claim may allow the same under of the following circumstances:

a) The claimant has transferred his residence to another place outside the jurisdiction of the hearing officer or the regional office;

b) The PNP member who filed an application for disability is reassigned to another police station or unit and it is physically inconvenient or will cause serious detriment to himself to attend the investigation;

c) Other cogent reasons the Vice-Chairperson and Executive officer or the Regional Director may consider appropriate.

Request for transfer of venue outside the jurisdiction of the NAPOLCOM Regional Office shall be indorsed to the Office of the Vice-Chairperson and Executive Officer through the Legal Affairs Service.

SECTION 5. Authority to Administer Oath. — The Hearing Officers/Investigators shall have the authority to administer oath in connection with investigation and adjudication of death and total permanent physical disability claims. DCISAE

SECTION 6. Authority to Issue Subpoena. — In order to effectively carry out the mandate, the Hearing Officers/Investigators may request the Regional Director or the Assistant Regional Director to issue subpoena ad testificandum or duces tecum in connection with the investigation and adjudication of claims for death and total permanent physical disability.

SECTION 7. Payment of Claims. — All claims for benefits shall be paid by the Regional Offices that issued the adjudications.

However, when there is insufficiency of funds to pay the whole or part of the benefits, a copy of the adjudication together with such documents supporting the approval of the claim shall be forwarded to the Central Office of the Commission for payment, including the monthly pension, if any.

SECTION 8. Repealing Clause. — Memorandum Circular No. 2000-005, all rules and regulations, orders, or circulars issued by the Commission, which are inconsistent with the provisions of this Memorandum Circular, are hereby repealed, amended or modified accordingly.

ADOPTED this 31st day of August, 2011 at Makati City, Metro Manila, Philippines. THIAaD

 

(SGD.) JESSE M. ROBREDOChairman

 

(SGD.) EDUARDO U. ESCUETACommissioner

 

(SGD.) LUISITO T. PALMERACommissioner

 

(SGD.) ALEJANDRO S. URROCommissioner

 

(SGD.) CONSTANCIA P. DE GUZMAN, Ph. DCommissioner

 

(SGD.) RAUL M. BACALZO, Ph. DCommissioner

Attested by:

 

(SGD.) ADELMALYN A. MUNIEZAChief, Secretariat