Rules and Regulations Implementing NAPOLCOM MC No. 2008-005 Re: Attrition System for PNP Uniformed Personnel

August 7, 2008

PHILIPPINE NATIONAL POLICE

RULES AND REGULATIONS IMPLEMENTING NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-005, ENTITLED: "PRESCRIBING POLICIES, PROCEDURES AND GUIDELINES GOVERNING THE ATTRITION SYSTEM FOR UNIFORMED PERSONNEL OF THE PHILIPPINE NATIONAL POLICE"

Pursuant to Section 8a of NAPOLCOM Memorandum Circular No. 2008-005, the following rules and regulations are hereby promulgated to implement the provisions governing the attrition of uniformed personnel of the PNP in reference to Sections 24, 25, 26, 27, 28, 29 and 30 of Republic Act No. 8551 otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998". HIETAc

SECTION 1. Purpose and Scope. — This IRR shall implement the Circular and applies to all PNP uniformed personnel who may be retired or separated from the service under the different means of attrition provided under Sections 24 to 29 of R.A. No. 8551.

SECTION 2. Statement of Policies. — These rules and regulations shall be interpreted in the light of the Statement of Policies found in Section 7 of the Circular as follows:

a. The PNP shall maintain a capable, effective, credible and productive workforce. Toward this end, it shall ensure that all its personnel are qualified and fit physically, mentally and emotionally to render police service;

b. The attrition system pursuant to Sections 24 to 29 of R.A. No. 8551 shall be implemented as an organizational tool to promote professionalism, competence, and efficiency in the police service. It shall be implemented with utmost objectivity and impartiality, always giving due regard to and consideration of the constitutional rights to due process; HcSCED

c. The Directorate for Personnel and Records Management (DPRM) shall institutionalize mechanisms in the implementation of the attrition system such as, but not limited to, monitoring the tenure in office of police officers occupying the key positions and granting of retirement/separation benefits;

d. All attrition proceedings shall be dealt with expeditiously so as not to prejudice the interest of police service;

e. As a matter of procedure, the head of office/unit, after cognizance of a case, shall be responsible in referring said case to the concerned Attrition Screening Committee, through proper channels;

f. The individual performance of all PNP members shall be evaluated in accordance with existing Circular on the matter. All heads of offices/units shall ensure that every PNP member gets a performance rating he/she deserves; AEcTCD

g. The proceedings of the Screening Committees shall be fact finding in nature. On the other hand, the deliberations of the Attrition Boards shall be adjudicatory in character;

h. As provided for in Section 30, R.A. No. 8551, a PNP member attrited under the Circular shall be retired if he/she has at least 20 years of service or shall be separated if he/she has less than 20 years of service and receive pertinent benefits, unless he/she is disqualified by law to receive such benefits;

i. A PNP member who has been retired or separated from the police service through attrition shall not be reemployed in the PNP;

j. The retirement or separation of a PNP member from the police service based on attrition shall be effective upon the date of approval of the decision;

k. The Directorate for Comptrollership (DC) shall include in its preparation of the PNP annual budget proposal the fund requirement for attrition. In the meantime, the PNP shall request DBM for supplemental budget starting fiscal year 2007 to support the funds required to cover the payment of separation/retirement benefits of personnel who will be attrited from the police service. In case of budgetary constraints, the fiscal procedures being applied in optional retirement shall be followed; TcEAIH

l. Priority for attrition shall be those with medical cases which have depleted the Reimbursement Hospitalization Expense (RHE) budget of the PNP;

m. In implementing the various means of attrition, the PNP shall start from the highest ranked PCOs to the lowest rank PNCOs;

n. The pendency of an attrition action shall be a bar to promotion in rank, placement to any sensitive and/or key position and personnel movement within and outside the PNP;

o. Any PNP member due for compulsory retirement within one (1) year shall not be subjected for attrition;

p. An attrition action shall proceed notwithstanding the existence of an administrative case punishable by dismissal from the service. The grant of separation benefits due to attrition shall be held in abeyance pending resolution of the administrative case;

q. PNP members who lack training and/or eligibility shall be given 18 months to obtain the lacking qualification for promotion after the effectivity of this Circular. HDICSa

SECTION 3. Definition of Terms. — To ensure clarity and consistency, the following terms as used in this Rules and Regulations, shall be construed as:

a. Attrition — refers to the retirement or separation from the police service of PNP Uniformed Personnel pursuant to any of the means mentioned in Sections 24 to 29 of R.A. No. 8551 and other means as provided for in the Circular.

b. Attrition Action — refers to the action containing the findings and evidence on a specific means of attrition filed by a particular Screening Committee before the concerned Attrition Board.

c. Answer — refers to a pleading in which a respondent or other adverse party sets forth the negative and affirmative defenses upon which he/she relies on.

d. Circular — refers to the NAPOLCOM Memorandum Circular 2008-005, entitled: "Prescribing Policies, Procedures and Guidelines Governing the Attrition System for Uniformed Personnel of the Philippine National Police". aCSEcA

e. Demotion in Position — refers to the designation of personnel to a position lower than what is established for his/her rank or not commensurate to his/her rank in the PNP Table of Organization.

f. Field Training Program — refers to the training required to make the temporary appointment of a new PNP member permanent.

g. Immediate Supervisor — refers to a PNP personnel authorized to make the performance evaluation rating of a uniformed PNP personnel. aHDTAI

h. Initiating Person — refers to any natural or juridical person who has personal knowledge and has submitted a verified report to the concerned office that a PNP member is subject for a possible attrition.

i. Just Cause — refers to the legal ground that would warrant the relief or removal of a PNP member from his present position and designation in the PNP Organization.

j. Mandatory Career Courses — refers to the required training for a PNP member to be eligible for promotion to the next higher rank.

k. Maximum Tenure in Position — refers to the maximum cumulative period for a PNP member to hold a particular position.

l. Mental Incapacity — refers to a condition wherein a PNP member is unable to exercise his/her reasoning faculties or is incapable of understanding and acting with discernment his/her duties and responsibilities as a police officer as a result of illness or injury as may be determined by the PNP Medical Screening Committee. THIECD

m. Non-Promotion — refers to the non-advancement to the next higher rank or position beyond the maximum prescribed period.

n. Organic Personnel to a Unit — refers to a PNP member assigned to a particular unit covered with appropriate PNP Assignment Orders.

o. Original Appointment — refers to the appointment for the initial entry of PNP member to the PNP service who meets all the requirements of the position.

p. Party — refers to the Chairman of the Attrition Board, Chairman of the Screening Committee, or the respondent.

q. Pendency of an Attrition Action — refers to the stage when the endorsement of the PRO Regional Director or the NSU Director of a PCO Attrition Action has been officially received by the concerned NHQ PCO Attrition Board through the NHQ Screening Committee or when the NHQ/PRO/NSU Screening Committee Report of a PNCO Attrition Action has been officially received by the NHQ/PRO/NSU Attrition Board. CAcIES

r. Personnel Action on Attrition — refers to an action filed before the Screening Committee based on a verified statement of an alleged means of attrition by an initiating person.

s. Physical Fitness Test — refers to the method of evaluating the physical condition of PNP members in terms of stamina, strength, speed and agility as administered by DHRDD.

t. Physical Incapacity — refers to the inability of a PNP member to perform his/her duties and responsibilities as a police officer due to physical defect/s as a result of disease or injury as may be determined by the PNP Medical Screening Committee.

u. Physical Profile System — refers to the medical profile indicators categorized as P1 to P4 that determine the functional ability of an individual to perform all police duties and functions taking into consideration the functions of the various organ systems and integral parts of the body as follows: AcaEDC

1) P1 — refers to uniformed PNP personnel who may engage in fatiguing work, marching and prolonged hand-to-hand fighting for long periods of time. Free from-any disease.

2) P2 — refers to uniformed PNP personnel who may be exposed to the rigors as P1, but may have minor defects as slight limitation of movements. Free from any disease.

3) P3 — refers to uniformed PNP personnel who may serve in operations support capacities including ability to work long periods of time and defend himself in close encounters. cHaCAS

4) P4 — refers to total permanent physical disability.

v. PNP Table of Organization — refers to the existing and operating positions as approved by the C, PNP.

w. Poor Performance — refers to the poor rating in the promulgated PNP Individual Performance Evaluation Rating System.

x. Promotion in Position — refers to the advancement of PNP personnel from one position to another with an increase in duties and responsibilities as authorized by law. 

y. Promotion in Rank — refers to the ascension in rank of a PNP personnel or one degree higher than his previous rank based on merit system. TIHCcA

z. Respondent — refers to the PNP member subjected to attrition proceedings.

aa. Retirement — refers to the termination of employment and official relations of a PNP member who rendered at least twenty (20) years of active service in the government with payment of corresponding benefits.

bb. Second Level PCO Ranks — refer to Police Commissioned Officers (PCO) below the third level ranks in the PNP.

cc. Second Level PNCO Ranks — refer to all ranks for Police Non-Commissioned Officers (PNCO).

dd. Separation — refers to the termination of employment and official relations of a PNP member who rendered less than twenty (20) years of active service in the government with payment of corresponding benefits. ASTIED

ee. Third Level PCO Ranks — refer to Police Commissioned Officers (PCO) with the rank of Police Senior Superintendent and higher.

ff. Total Permanent Physical Disability — refers to any impairment of the body which renders PNP member indefinitely incapable of substantially performing the mandated duties and functions of his position. Specifically, it refers to any impairment of the mind or body which renders a PNP personnel incapable of performing substantially his/her duties and which is expected to be long, continuous and of indefinite duration, i.e.,irreparable loss of speech, or sense of hearing, or loss of one or both eyes, or loss of one or both hands or feet, loss of both arms at or above the wrist, loss of one or both legs or above the ankles, paralysis of one or both upper or lower limbs, or brain injury resulting in incurable imbecility or insanity. In all cases, the disability shall deemed permanent if it has persisted for a period exceeding two (2) years without fixed healing period and renders the PNP member incapable of performing his/her duties. In case the inability is found to be permanent beyond doubt upon examination of said member, the waiting period of two (2) years may be waived. ACTISD

gg. Waiver Program — refers to the waiver of the minimum age, height, weight and educational requirements for the initial appointment to the Philippine National Police pursuant to existing laws and policies on this matter.

SECTION 4. Means of Attrition. — The following are the means of attrition as provided under Sections 24 to 29 of R.A. No. 8551, including other grounds as provided for by the Circular: CSDTac

a. Attrition by attainment of maximum tenure in position:

1. The maximum cumulative tenure of PNP members holding key positions is hereby prescribed as follows:

POSITION	MAXIMUM
	TENURE
THE CHIEF, PNP	Four (4) years
TDCA AND TDCO	Four (4) years
TCDS	Four (4) years
DIRECTORS OF THE D-STAFF	Four (4) years
REGIONAL DIRECTORS, PROs	Six (6) years
PROVINCIAL/CITY DIRECTORS	Nine (9) years

2. Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing Pattern, police officers holding the above-mentioned positions shall be compulsorily retired at the maximum tenure in position herein prescribed or at age fifty-six (56),whichever is earlier. The term "positions higher than provincial director" refers to other star rank positions with a maximum cumulative tenure of six (6) years. SHacCD

3. A Police Commissioned Officer shall be subjected to attrition proceedings if the following elements concur:

a) The PCO designated to the position specified above has reached the maximum cumulative period prescribed therein; and

b) He/she refuses to accept a position, under a different category, commensurate to his/her rank despite existence of such vacancy.

4. The reckoning point of the tenure is as provided for under Section 25, R.A. No. 8551 which is January 11, 1999 or the effectivity date of the IRR of R.A. 8551. TCaADS

b. Attrition by relief:

A PNP member, who has been relieved for cause and has not been given an assignment within two (2) years from the effective date of such relief, shall be retired or separated.

To warrant attrition, the following elements must concur:

1. The relief is for a just cause;

2. The PNP member has not been given any assignment within two (2) years from his/her relief and there are available positions commensurate to his/her rank; and

3. The non-assignment for a continuous period of two (2) years is due to valid reasons and/or reasons attributable to him/her, or his/her refusal to accept any position commensurate to his/her rank. HCSEcI

 The 2-year period provided under Section 26, R.A. No. 8551 shall be counted from the effective date of relief for cause. However, if the PNP member concerned has been assigned to a position commensurate to his/her rank prior to the issuance of this Circular, he or she, as the case may be, could no longer be subjected to attrition proceedings regardless of the length of the intervening period before he/she was given a new assignment.

c. Attrition by demotion in position:

A PNP member who is relieved and assigned to a position lower than what is established for his/her rank in the PNP Staffing Pattern and who shall not be assigned to a position commensurate to such rank despite the existence of a vacancy within eighteen (18) months after his/her demotion in position shall be retired or separated. cHITCS

To warrant attrition, the following elements must concur:

1. A PNP member is relieved and assigned to a position lower than what is established for his/her rank.

2. His/her designation to such lower position is attributable to him/her.

3. There exists a positional vacancy for the rank during the eighteen (18) months reckoned after his/her demotion in position.

A PNP member who is promoted in rank but occupying a position lower than what is called for by his/her present rank within three (3) months, despite availability of commensurate positions, shall be attrited. IDAESH

To warrant attrition, the following elements must concur:

1. A PNP member is promoted in rank;

2. Said PNP member is occupying a position not commensurate to his/her present rank; and

3. He/she refuses to relinquish said position within three (3) months from his/her promotion in rank despite availability of commensurate positions. aDSTIC

d. Attrition by non-promotion.

A PNP member who has not been promoted for a continuous period of ten (10) years shall be retired or separated.

To warrant attrition by non-promotion in rank, the following elements must concur:

1. A PNP member has not been promoted in rank for a continuous period of ten (10) years and there are existing vacancies for regular promotions;

2. Non-promotion in rank is due to the failure of the PNP member concerned to satisfy the minimum qualification standards and/or comply with other requirements for promotion to the next higher rank;

3. The PNP member was not promoted in rank even if he/she is within the zone of consideration based on SLL and his/her non-inclusion in the promotion list is due to reasons attributable to himself/herself. DAcaIE

 The 10-year period as provided for under Section 28, R.A. No. 8551 shall be reckoned from the effectivity date of Rules and Regulations Implementing R.A. 8551 or on January 11, 1999.

e. Attrition by other means.

A PNP member with at least five (5) years of accumulated active service shall be separated based on any of the following factors:

1. Inefficiency based on poor performance during the last two (2) successive annual rating periods.

 To warrant attrition, a PNP member has been rated poor for four (4) successive rating periods. DCTSEA

2. Inefficiency based on poor performance for three (3) cumulative annual ratings.

 To warrant attrition, a PNP member was rated poor for three (3) cumulative annual ratings.

 The reckoning period for attrition falling under (1) inefficiency based on poor performance during the last two (2) successive annual rating periods, and (2) inefficiency based on poor performance for three (3) cumulative annual rating periods, shall be on January 1, 2008. Accordingly, the implementation of the Performance Evaluation Rating System shall be given the widest dissemination to all uniformed personnel nationwide. ASICDH

3. Physical and/or mental incapacity to perform police functions and duties.

 To warrant attrition, the following elements must concur:

a) There is physical and/or mental incapacity which has been evaluated and certified by the Medical Screening Committee as defined in existing PNP and NAPOLCOM circulars on this matter.

b) The physical and mental incapacity renders the PNP member incapable of performing police functions and duties.

 Any PNP member who officially applies for optional retirement or Total Permanent Physical Disability (TPPD) separation shall not be a subject of an attrition proceeding under this means.

 The reckoning date is the effectivity of R.A. No. 8551. If the physical and/or mental incapacity of a PNP member had long been medically established and he/she is still in the police service upon the effectivity of this Circular, the Medical Screening Committee shall endorse such findings to the concerned Attrition Board for deliberation. DIETcH

4. Failure to pass the required entrance examination twice and/or finish the required career courses except for justifiable reasons.

 To warrant attrition for failure to pass the entrance examination, the following elements must concur:

a) A PNP member failed to pass twice the entrance examination required for a mandatory career course; and

b) Such mandatory course is required for his/her promotion to higher rank.

 To warrant attrition for failure to finish the required mandatory career courses, the following elements must concur:

a) A PNP member was issued appropriate order to take the required career course; and

b) He/She failed to finish the said mandatory career course without justifiable reason and was not declared graduate by the training institution. 

 The reckoning point shall be the effectivity of this Circular.

5. Refusal to take a periodic PNP Physical Fitness Test without justifiable reason.

 To warrant attrition, the following elements must concur:

a) A schedule of the periodic PNP Physical Fitness Test has been published; ESDHCa

b) The PNP member refused to take the PFT;

c) The PNP member failed to take the said test on scheduled date or on the special test subsequently scheduled; and

d) The failure to take said test is without justifiable reason.

6. Failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests due to health reasons. SEACTH

 To warrant attrition, the following elements must concur:

a) A schedule of the periodic PNP Physical Fitness Test has been published;

b) The PNP member failed to take the said test on scheduled date or on the special test subsequently scheduled;

c) Failure to take said test is for health reasons as evaluated and certified by the PNP Health Service; and

d) A PNP member failed to take four (4) consecutive periodic PNP Physical Fitness Test due to health reasons. ETIDaH

7. Failure to pass PNP Physical Fitness Test for two (2) consecutive periodic tests or four (4) cumulative periodic tests.

 To warrant attrition, the following elements must concur:

a) A schedule of the periodic PNP Physical Fitness Test has been published;

b) The PNP member failed to pass the said test on scheduled date or on the special test subsequently scheduled;

c) Failure to pass said test as evaluated and certified by DHRDD; and

d) A PNP member failed to pass two (2) consecutive periodic tests or four (4) cumulative periodic tests.

 The effectivity date of the PNP PFT modes of attrition is on the second semester of CY 2008. CADHcI

8. Non-compliance with the minimum qualification standards for the permanency of original appointment.

 To warrant attrition, the following elements must concur:

a) The original appointment of the PNP member concerned was issued in temporary status under the Waiver Program, Field Training Program, or due to lack of prescribed eligibility; and

b) He/she failed to satisfy the requirement for the adjustment for his/her appointment from temporary to permanent status within the prescribed period. aCSHDI

SECTION 5. Creation, Composition, Functions and Jurisdiction of Attrition Screening Committees and Attrition Boards. — For purposes of implementing the PNP Attrition System, there shall be created and activated Attrition Screening Committees and Attrition Boards at the different levels. HEITAD

a. Creation.

1. The following Attrition Boards are hereby created:

a) NHQ 3rd Level PCO Attrition Board;

b) NHQ 2nd Level PCO Attrition Board;

c) NHQ PNCO Attrition Board;

d) PRO PNCO Attrition Board; and

e) NSU PNCO Attrition Board.

2. The following Attrition Screening Committees are also hereby created: IDSETA

a) NHQ Attrition Screening Committee;

b) PRO Attrition Screening Committee;

c) NSU Attrition Screening Committee; and

d) NHQ Medical Screening Committee. aASDTE

b. Composition of Attrition Boards.

1. NHQ 3rd Level PCO Attrition Board.

The Deputy Chief PNP for Administration	— Chairman
The Deputy Chief PNP for Operation	— Vice-Chairman
The Chief Directorial Staff	— Member
The Director for Personnel and Records Management	— Member
The Director for Intelligence	— Member
The Director for Operations	— Member
The Director for Logistics	— Member
The Director for Police Community Relations	— Member
The Director for Comptrollership	— Member
The Director for Plans	— Member
The Director for Investigation and Detective	— Member
	Management
The Director for Human Resource and Doctrine	— Member
	Development
The Director for Research and Development	— Member
The Director, Health Service	— Member
The Director, Legal Service	— Member
Senior Female PCO Representative (Not lower than	— Member
PSUPT)
Chief, DLOD, DPRM	— Head, Secretariat

2. NHQ 2nd Level PCO Attrition Board.

The Chief Directorial Staff	— Chairman
The Deputy Director for Personnel and Records Mgmt.	— Vice Chairman
The Deputy Director for Intelligence	— Member
The Deputy Director for Operations	— Member
The Deputy Director for Logistics	— Member
The Deputy Director for Police Community Relations	— Member
The Deputy Director for Comptrollership	— Member
The Deputy Director for Investigation and Detective	— Member
	Management
The Deputy Director for Plans	— Member
The Deputy Director for Human Resource and Doctrine	— Member
	Development
The Deputy Director for Research and Development	— Member
The Deputy Director, Health Service	— Member
The Deputy Director, Legal Service	— Member
Female PCO Representative (Not lower than PSUPT)	— Member
Assistant Chief, DLOD, DPRM	— Head, Secretariat

3. NHQ PNCO Attrition Board.

The Director for Personnel and Records Management	— Chairman
Executive Officer, DHRDD	— Vice Chairman
Executive Officer, DI	— Member
Executive Officer, DO	— Member
Executive Officer, DL	— Member
Executive Officer, DPCR	— Member
Executive Officer, DC	— Member
Executive Officer, DIDM	— Member
Executive Officer, DPL	— Member
Executive Officer, DRD	— Member
Representative, Health Service	— Member
Representative, Legal Service	— Member
Command Executive Senior Police Officer	— Member
Senior Female PNCO Representative (SPO4)	— Member
Chief, Attrition Section, DLOD, DPRM	— Head, Secretariat

4. PRO PNCO Attrition Board.

Deputy Regional Director for Administration	— Chairman
Deputy Regional Director for Operations	— Vice Chairman
Chief, Regional Director Staff	— Member
All Chiefs of the Functional Staff	— Members
Chief, Regional Legal Service	— Member
Chief, Regional Health Service	— Member
Regional Executive Senior Police Officer	— Member
Senior Female PNCO Representative (SPO4)	— Member
Chief, Personnel Transaction Section, RPHRDD	— Head, Secretariat

5. NSU PNCO Attrition Board.

Deputy Director for Administration	— Chairman
Deputy Director for Operations (if applicable)	— Vice Chairman
Chief Directorial Staff	— Vice Chairman/Member
All Chiefs of Functional Staff	— Members
Legal Service Representative	— Member
Medical Officer, Health Service	— Member
NSU Executive Senior Police Officer	— Member
Senior Female PNCO Representative (SPO4)	— Member
Deputy Chief, Admin./Personnel Staff	— Head, Secretariat

c. Composition of Attrition Screening Committees:

1. NHQ Screening Committee

Executive Officer, DPRM	— Chairman
Chief, DLOD, DPRM	— Vice Chairman
Chief, BPAD, DPRM	— Member
Chief, RMD, DPRM	— Member
Chief, RSD, DPRM	— Member
Representative from PNPGH	— Member
Representative, LS	— Member
Chief Clerk, DPRM (excluded from PCO screening)	— Member
Chief, Attrition Section, DLOD, DPRM	— Head, Secretariat

2. PRO Screening Committee

Asst. Chief, RPHRDD	— Chairman
Asst. Chief, RIDMD	— Vice Chairman
All Assistant Chiefs of the other Functional Staff	— Members
Representative from the Regional Legal Service	— Member
Assistant Chief, Regional Health Service	— Member
Chief Clerk, RPHRDD (excluded from PCO screening)	— Member
Chief, Attrition Section, RPHRDD	— Head, Secretariat

3. NSU Screening Committee

Asst. Chief, ADPRM	— Chairman
Asst. Chief, ADIDM	— Vice Chairman
All Assistant Chiefs of other Functional Staff	— Member
Representative Legal Service	— Member
Representative Health Service	— Member
Chief Clerk, ADPRM (excluded from PCO screening)	— Member
Chief, Attrition Section, ADPRM	Head, Secretariat

4. NHQ Medical Screening Committee

Deputy Director, Health Service	— Chairman
Chief, PNPGH	— Vice Chairman
Chief of Clinics	— Member
Chief, Orthopedics	— Member
Chief, General Surgery	— Member
Chief, Internal Medicine	— Member
Chief, Neuro Psychiatry	— Member
Chief, Urology	— Member
Chief, OB Gyne	— Member
Chief, EENT	— Member
Chief, Dental	— Member
Legal Service Representative	— Member
HRDD Representative for PFT	— Member
Chief, Benefits and Pension Administration Division,	— Member
	DPRM
Chief, Physical Examination Section	— Head, Secretariat

d. Functions

1. The Screening Committees shall have the following functions:

a) To receive, review and process a personnel action on attrition and determine the probable existence of a means of attrition; cCSEaA

b) To direct respondent to answer the personnel action for attrition;

c) To investigate and assess the personnel action on attrition and submit, through the secretariat, its findings to the concerned Attrition Board;

d) To administer oaths, summons witnesses, require the production of documents, records, books or other supporting pieces of evidence, as may be necessary; and

e) To require the attendance of expert witness/es who may shed light on the case and perform other processes as may be necessary. LLjur

2. The Attrition Boards shall have the following functions:

a) To deliberate and decide on the findings submitted by the concerned Attrition Screening Committee on the personnel action on attrition in accordance with the circular;

b) To mark all pieces of evidence through the Board Secretariat;

c) To act on the motion for reconsideration filed by the concerned party;

d) To recommend to the proper authority, through a resolution, the retirement, separation or retention of the PNP member subjected to attrition proceedings.

e. Jurisdiction

1. Jurisdiction of Screening Committees

a) The NHQ Screening Committee shall have authority to determine whether a PNP member organic to offices at the National Headquarters shall be recommended for attrition proceedings. cCHITA

b) The PRO Screening Committee shall have authority to determine whether a PNP member organic to a particular Police Regional Office shall be recommended for attrition proceedings.

c) The NSU Screening Committee shall have authority to determine whether a PNP member organic to a particular National Support Unit shall be recommended for attrition proceedings.

d) The NHQ Medical Screening Committee shall have authority to determine whether a PNP member shall be recommended for attrition proceedings due to physical and/or mental incapacity. cICHTD 

2. Jurisdiction of Attrition Boards

a) The NHQ 3rd level PCO Attrition Board shall have jurisdiction over attrition cases of Police Commissioned Officers holding the rank of Police Senior Superintendent and above.

b) The NHQ 2nd level PCO Attrition Board shall have jurisdiction over attrition cases of Police Commissioned Officers holding the rank of Police Inspector to Police Superintendent.

c) The NHQ PNCO Attrition Board shall have jurisdiction over attrition cases of Police Non-Commissioned Officers organic to offices of National Headquarters and all cases referred by the Medical Screening Committee. TCIEcH

d) The PRO and NSU PNCO Attrition Boards shall have jurisdiction over attrition cases of Police Non-Commissioned Officers organic to their units.

SECTION 6. Attrition Proceedings. —

a. Commencement of Personnel Action on Attrition

1. How Initiated — A personnel action on attrition may be initiated by the filing of a formal and verified statement with evidence in support thereof before the DPRM or DHRDD or its PRO/NSU counterparts;

2. Who may Initiate — The following may initiate a personnel action on attrition: cDCaTS

a) The head of office or unit or immediate supervisor; and

b) Any PNP member or NAPOLCOM Personnel who has personal knowledge that a member of the PNP is subject for possible attrition.

 Any civilian who has personal knowledge that a PNP member is a subject for possible attrition due to mental and/or physical incapacity, may submit a verified report to the concerned PNP unit.

3. Where to File — The personnel action on attrition against a PNP member shall be filed before the concerned Screening Committee through the concerned Attrition Section as provided in this Circular. EcAISC

4. Contents of the Personnel Action — The personnel action on attrition shall contain the following:

a) Rank, full name, and office/unit of the respondent;

b) Means of attrition;

c) A narration of pertinent facts and data that will help the Screening Committee in its deliberation;

d) Rank, full name and designation of the person initiating the personnel action; and

e) Verification. STHAID

b. Procedure before the Screening Committees

1. Recording of Personnel Action — A personnel action on attrition shall, upon receipt, be stamped on its face the date and time of its receipt with an assigned reference number and shall be recorded in the committee journal exclusively maintained for that purpose.

2. Initial Assessment and Inquiry — Upon receipt of a personnel action on attrition, concerned Screening Committee will review, investigate and assess the same to determine the probable existence of a means of attrition and submit to the concerned Attrition Board its findings and forward all relevant documents within ten working (10) days from receipt thereof as follows:

a) The screening committee shall, within five (5) days upon receipt, notify the respondent of such personnel action on attrition and direct him/her to answer the action within five (5) days upon receipt;

b) Failure of respondent to file an answer within the reglementary period shall be considered as a general denial of the charges; and

c) Proceed with the investigation and submit findings to the Board, through the secretariat, within five (5) days from filing of the answer by respondent or after the lapse of respondent's reglementary period to file an answer, copy furnished the respondent. HTIEaS

d) Evaluation by the Screening Committee and Filing of Findings before the Attrition Board.

c. Procedure before the Medical Screening Committee

1. The following may be the basis for evaluation of physical and/or mental incapacity of any PNP uniformed personnel:

a) Referral from DPRM, DHRDD or its PRO/NSU counterparts. Advise walk-in applicant for TPPD at Philippine National Police General Hospital (PNPGH) to get referrals from DPRM. EISCaD

b) Recommendation of Attending Physician from PNPGH.

2. Physical Examination and Profiling of PNP uniformed personnel:

a) Assignment of Attending Physician (AP) — After receiving the communication from BPAD, DPRM, the C, PNPGH shall immediately assign an attending physician (AP) specializing on the nature of the complaint or sickness of the PNP uniformed personnel. cHITCS

b) Conduct of Initial Physical Examination (PE) — The AP shall conduct the initial physical examination. He/she shall complete his/her initial diagnosis within fifteen (15) working days after endorsement from DPRM, HRDD or its PRO/NSU counterparts. The AP shall:

1) Recommend confinement/admission at PNPGH, if necessary;

2) Conduct thorough PE & necessary diagnostic work-up;

3) Evaluate the physical and/or mental fitness of the PNP personnel in accordance with the medical conditions enumerated in PNP Circular No. 2000-010 and other relevant circulars;

4) Profile the patient-examinee into P1, P2, P3 or P4; and

5) Submit findings of any patient categorized as Profile 4 (P4) to the Medical Screening Committee (MSC),through the MSC Secretariat (PE Section) not later than two (2) days after completing his physical examination for proper disposition. SCIacA

3. Physical and Mental Screening of PNP Personnel:

a) The MSC shall convene within five (5) days from the submission of reports/findings of the AP.

b) Review and Confirmation — The MSC shall review the physical examination of the AP and recommend confirmation of findings not later than three (3) days after completing review and evaluation, in the form of a MSC Resolution stating, among others, the need to separate or retire the PNP personnel due to physical or mental incapacity. The MSC shall: TcSaHC

1) Recommend the PNP uniformed personnel to return to unit upon completion of confinement in case he/she is not categorized as P4;

2) Recommend to DPRM through a Medical Screening Committee Resolution, the separation from the police service of the PNP uniformed personnel who is a candidate for attrition by means of TPPD if the respondent consents; and

3) Submit to the attrition board its findings for attrition proceedings if the respondent refuses to avail of TPPD including findings on whether a respondent can perform alternative PFT. EDHTAI

SECTION 7. Attrition Proceeding Proper. —

a. Filing before the Attrition Board

The personnel action on attrition shall be deemed formally filed and pending before the Attrition Board upon receipt and entry of the same in the official journal of the board. The Board, tasked to maintain the official journal of attrition proceedings, shall inform the Directorate for Personnel and Records Management (DPRM) of the status of all proceedings, as well as the PNP unit where the respondent is assigned.

b. Summons

Within three (3) days from receipt of the personnel action on attrition by the Board, the Head Secretariat shall summon the respondent, directing him/her to submit his/her memorandum within five (5) days from receipt thereof, together with evidence to prove his/her non-attritability from the police service. The summons shall include the verified statement of the personnel action on attrition and evidence supporting the latter action. The summons shall also include an advice that the respondent may avail of his/her right to counsel. TAESDH

1. Memorandum — Respondent's memorandum shall be in writing, under oath and must contain material facts, which may either be a specific denial or affirmation of the allegations in the complaint. It shall be accompanied by documentary or other evidence, if there be any, in support of his/her defense. It shall also contain a list of witnesses and their individual addresses, whenever appropriate. The memorandum shall be filed with the concerned Board, through the Secretariat, in three (3) copies personally or by registered mail.

2. Any subsequent memorandum submitted to the Board may be done through registered mail and it is deemed filed on the date and hour of receipt stamped by the post office on the envelope. Said envelope shall be kept and made an integral part of the memorandum and records of the case. cDaEAS

3. Effects of Failure to file a Memorandum and to Appear — Failure of the respondent to file a memorandum within the reglementary period shall be considered a waiver of his/her to present evidence in his/her favor.

c. Convening of the Attrition Board

Within three (3) days upon receipt of the memorandum, the Head Secretariat shall immediately convene the Attrition Board requiring the personal appearance of the respondent. Failure of the respondent to appear before the concerned attrition board despite due notice shall be considered a waiver of his/her right to be present and to be heard. In the latter case, the attrition proceedings may then proceed ex-parte. HEcSDa

1. Order of Attrition Proceeding — The order of the attrition proceedings shall be as follows:

a) The Chairman of the concerned Screening Committee shall present its findings on the personnel action on attrition;

b) The respondent shall then present evidence in support of his non-attritability.

d. Nature of Proceeding

1. The proceeding is generally summary in nature. The presentation of witnesses may be allowed only upon the discretion of the Chairman of the Board. Documents presented during the proceeding may be examined by the other party. Sworn statements/affidavits of witnesses, after proper identification and affirmation on the truth of the contents thereof, shall take the place of their oral testimony. DScTaC

2. Clarificatory questions may be allowed, if requested by either party but shall be confined strictly to material and relevant matters in the interest of equity and justice.

3. Postponement — Postponement of the attrition proceeding should be discouraged and shall be allowed only in highly meritorious cases.

4. Allowable Motion — No motion or pleading shall be allowed except Motion to Dismiss and Motion for Reconsideration.

e. Termination of Attrition Proceedings

The attrition proceedings shall be terminated within twenty (20) working days from the date the Board first convened.

f. Submission of Position Papers

The Attrition Board may require the respondent to submit his Position paper within five (5) working days from the date the order to submit position paper is received. SDIaCT

g. Final Deliberation

A majority vote of the members present constituting a quorum, which is a simple majority among the regular members of the Attrition Board, can render a valid resolution. The chairman shall not vote on the resolution during the deliberation except to break a tie.

1. Submission of the Resolution — The Attrition Board shall submit its resolution to the appropriate approving authority. A copy shall likewise be furnished to the respondent. The Resolution shall contain the full name, rank and assignment of the respondent; the means of attrition and its elements; a brief statement of the material and relevant facts; the findings as established during the attrition proceedings based on applicable laws, rules and regulations, jurisprudence; conclusion; and recommendation. ECaTAI

2. Respondent Found Attritable for a Means of Attrition Different from which he was initially subjected to — A respondent may be attrited under a means different from which he was initially subjected to: Provided, that the elements of the said different means for which he/she may be attrited are proven after the respondent has been given the opportunity to contest the same.

h. Finality of Decision

The decision of the appropriate approving authority imposed upon a PNP member shall be final and executory when no Motion for Reconsideration or appeal within the period provided under this Memorandum Circular was filed. However, the filing of a motion for reconsideration shall stay the implementation of the decision.

1. Motion for Reconsideration — The respondent may file a motion for reconsideration from the decision rendered by the appropriate approving authority within ten (10) days from receipt of a copy of the decision. Only one (1) motion for reconsideration shall be allowed and the same shall be considered and decided by the disciplinary authority within five (5) days from receipt thereof. The filing of a Motion for Reconsideration by any party may be allowed on the following grounds: EDISaA

a. Newly discovered evidence which, if presented, would materially affect the resolution rendered; or

b. Errors of law or irregularities have been committed prejudicial to the substantial rights and interest of the movant.

2. Appeal — Except for third level PCO's, the decisions of the Approving Authority may be appealed to the Commission En Banc and shall be taken by the respondent by filing a notice of appeal with the Approving Authority within ten (10) days from receipt of a copy of the decision, copy furnished the concerned Attrition Board.

a. Notice of Appeal and Memorandum On Appeal — A Notice of Appeal shall be filed in three (3) legible copies which shall contain the following: 1) the material dates showing that it was filed on time; 2) the assignment of the specific errors of fact or law, or both, allegedly committed by the Approving Authority. HcACTE

b. The respondent-appellant shall submit a Memorandum on Appeal in three (3) legible copies not later than fifteen (15) days from the filing of the notice of appeal. However, the memorandum on appeal may be submitted upon filing of the notice of appeal. Proof that copy of the memorandum on appeal was served to the Attrition Board must be submitted by the respondent-appellant.

3. Alternative Remedies — Plea for optional retirement or other mode of separation from the police service by the respondent before the Attrition Board at any stage of the attrition proceedings before the final board deliberation shall automatically terminate the attrition action.

a. Effect of Death — Death of the respondent during the pendency of the attrition action shall terminate the proceedings. Barring legal impediments, the personnel concerned shall be posthumously retired if he has rendered at least twenty (20) years of accumulated service and posthumously separated if he has rendered less than twenty (20) years of accumulated service. ECcaDT

b. Records of Proceedings — The entire attrition proceedings proper shall be recorded and transcribed. A journal shall be maintained by the said Board and shall contain, among others, the following data of the proceedings: date and time of receipt from the Screening Committee, the case number, the name of the respondent, the means of attrition he is subjected to, the date decision was rendered; date the motion for reconsideration was filed; date the decision became final and certificate of finality was issued; and other relevant and material data.

 A journal shall be maintained by the said Board and shall contain, among others, the following data of the proceedings: date and time of receipt from the Screening Committee, the case number, the name of the respondent, the means of attrition he is subjected to, the date decision was rendered; date the motion for reconsideration was filed; date the decision became final and certificate of finality was issued; and other relevant and material data. HSCATc

SECTION 8. Approving Authority. — The following are the approving authorities for the attrition:

a. The President of the Philippines shall be the approving authority for the attrition of third level PCOs.

b. The Chief, PNP shall be the approving authority for the attrition of all second level PCOs and PNCOs organic to offices at the National Headquarters.

c. The Regional Director shall be the approving authority for the attrition of all PNCOs organic to their respective PRO.

d. The NSU Director shall be the approving authority for the attrition of all PNCOs organic to their respective NSU. cIaHDA

SECTION 9. General Guidelines. —

a. All PROs/NSUs shall create and activate their respective Attrition Section under RPHRDD/ADCPRM five (5) days after the effectivity of this Rules and Regulations.

b. All Screening Committees and Attrition Boards shall be organized, activated and constituted within five (5) days from the effectivity of this IRR.

c. The Chairpersons of the Attrition Boards and the Screening Committees shall ensure that their respective members are knowledgeable about the attrition system and these Rules and Regulations. cAIDEa

d. The Regional Directors, Directors NSUs shall conduct seminar workshop regarding this IRR in their respective offices fifteen (15) days upon the effectivity of this IRR and submit after activity reports to DPRM;

e. All Attrition Boards and Screening Committees shall have free access to all records; data, information and necessary support from any PNP office/unit in the implementation of this IRR.

f. All approved and final decisions in attrition actions shall be covered by appropriate NHQ orders. Orders issued by PRO/NSU shall be confirmed by NHQ through the issuance of confirmation orders by DPRM;

g. Administrative officers of NHQ offices, Chiefs, RPHRDDs of PROs, and ADPRMs of NSUs shall process-out the attrited personnel from the service without delay including payment of benefits due;

h. The board shall keep a record of attrition actions through the Secretariat. The attrition actions shall be properly entered into the record and given a corresponding number;

i. The Attrition Board shall submit its quarterly report to the C, PNP at the end of every quarter to include the following information;

1. Number of Attrition Cases received;

2. Number of Attrition Cases pending;

3. Number of Attrition Cases heard and decided;

4. Number of cases decided during the quarter; and,

5. Number of petitions for reconsideration filed/resolved.

SECTION 10. Amending Clause. — All issuances contrary to or inconsistent with the RRI Memorandum Circular are hereby amended accordingly. CSAcTa

SECTION 11. Separability Clause. — If any part or provision of this IRR is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.

SECTION 12. Penalty Clause. — Any violation of this IRR shall be a ground for administrative sanction in accordance with existing laws, rules and regulations.

SECTION 13. Effectivity. — This IRR shall take effect after fifteen (15) days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as the "Revised Administrative Code of 1987", as amended. AcaEDC

ADOPTED this 7th day of August 2008 at Camp Crame, Quezon City.

 

(SGD.) AVELINO I. RAZON, JR.Police Director General