The New Rules and Regulations on the Issuance of Short Firearms to PNP Personnel

April 23, 2018

NAPOLCOM MEMORANDUM CIRCULAR NO. 2018-0001

THE NEW RULES AND REGULATIONS ON THE ISSUANCE OF SHORT FIREARMS TO PNP PERSONNEL

WHEREAS, the National Police Commission is mandated under Article XVI, Section VI of the Constitution and its enabling law, Republic Act 6975 as amended by Republic Act 8551, to administer and control the Philippine National Police;

WHEREAS, NAPOLCOM Memorandum Circular No. 93-015 dated 23 September 1993, prescribed the rules and regulations on the issuance of sidearm to PNP members on permanent basis; HTcADC

WHEREAS, the policy on permanent issuance of short firearms to individual PNP uniformed personnel through the Supply Accountable Officer, PNP-LSS was issued mainly to address the perennial problem on double and/or multiple issued short firearms which persisted and threatened losses to the disadvantage of the government;

WHEREAS, the conduct of annual technical inspection and physical inventory of PNP assets and properties by the Installations and Logistics Service (ILS) in various PNP Offices/Units revealed that there are some PNP offices that have not fully implemented the said policy due to shortages of short firearms in the PNP inventory;

WHEREAS, the problem on unaccounted firearms is also attributed to the failure of the Supply Accountable Officer (SAO) and/or the Responsible Supply Police Non Commissioned Officer (RSPNCO) on their tasks to exercise due diligence on the proper issuance of property clearance requirements to relieved, transferred and/or separated from the service PNP uniformed personnel;

WHEREAS, the abovementioned policy on the permanent issuance of short firearms was in effect since 1993 and some provisions therein are no longer responsive and there is a need to introduce changes to improve adherence and harmonize with the existing policies presently being implemented;

NOW THEREFORE, the Commission, in the exercise of its constitutionally vested power of administration and control over the PNP, hereby promulgates and directs the following rules and regulations governing the issuance of short firearms to individual police personnel:

SECTION 1. Issuance. —

a) The issuance of short firearm to a PNP uniformed personnel shall be made on permanent basis for the exclusive use in the performance of official duties/functions for the duration of their active service;

b) The Directorate for Logistics (DL) shall have the sole authority to issue Supply Directives on newly procured short firearms for distribution to concerned offices/stations/units on permanent issue basis only; HTcADC

c) The Supply Accountable Officer, Logistics Support Service (SAO, LSS) shall have the exclusive authority to issue short firearm on permanent basis duly covered by a corresponding Property Acknowledgement Receipt (PAR) to individual PNP uniformed personnel as indicated in the Supply Directive;

d) The short firearm shall remain in the possession of the PNP uniformed personnel from the time of issuance until the day of separation from the service (retirement/resignation/dismissal/death);

e) New PNP recruits and uniformed personnel who are still without issued short firearm shall be given preference in the issuance thereof;

f) All organic or temporary issued short firearms by an office/station/unit to PNP uniformed personnel shall be converted to permanent issuance;

g) All short firearms issued by the Civil Security Group-Firearms and Explosives Office (CSG-FEO) to PNP uniformed personnel shall transfer its accountability from CSG-FEO to SAO-LSS and convert the same to permanent issuance;

h) A PNP uniformed personnel is authorized to have only one (1) issued short firearm.

SECTION 2. Accountability. —

a) A PNP uniformed personnel who will undergo schooling or leave outside the country for a period exceeding thirty (30) days shall turn-in his/her issued short firearm for safekeeping to the office/station/unit SAO or RSPNCO. The same shall be re-issued upon his/her return to active duty;

b) A PNP uniformed personnel who is about to retire with an issued short firearm must immediately return the issued short firearm within thirty (30) days prior to his/her retirement to relieve him/her from accountability;

c) The SAO/RSPNCO shall, upon receipt of the Order of separation from the service (retirement/resignation/dismissal) of a PNP uniformed personnel, shall issue a certification as to when the firearm was turned-in. Non-Property Accountability Clearance will be issued by the SAO-LSS.

SECTION 3. Inspection and Inventory. —

a) The head of office/unit/station shall ensure that the respective SAOs/RSPNCOs will perform physical inspection and inventory of short firearms and a monthly report of inventory will be submitted indicating therein the gains, losses and changes in unit assignment to the SAO, LSS.

SECTION 4. Renewal of Property Acknowledgement Receipt. —

a) The PAR of all short firearms must be renewed every three (3) years on individual's birth month in accordance with Chapter 10, Section 21 of the Government Accounting Manual. The serial number of the receiver, part number of the barrel, the manufacturer's marking of the slide assembly of the short firearm as indicated in the PAR should be stenciled therein. Failure of the individual PNP uniformed personnel to renew his/her issued short firearm is ground for disciplinary action.

SECTION 5. Accountability for Losses. —

a) The individual uniformed personnel shall be deemed primarily accountable for the care, maintenance and safeguard of the short firearm issued to his/her custody and shall be primarily liable for its money value based on the latest/updated cost valuation thereof;

b) The loss or failure to return or account the short firearm shall be cleared with the SAO, LSS under the generally accepted clearing procedures;

c) Request for relief of accountability for losses shall be governed by the provisions of Section 73 (1) PD No. 1445 or other similar provisions of law;

d) The immediate superiors of the PNP uniformed personnel having accountability over the short firearm who is either dismissed or separated from the service should vigorously pursue the return of the said firearm to the SAO, LSS. Should it be apparent that the efforts will be futile, appropriate criminal cases shall be immediately initiated against such PNP uniformed personnel.

SECTION 6. Unlawful and Prohibited Acts. —

a) Failure to turn-in the permanently issued short firearm by current end-user and any tampering of serial numbers, replacement of parts and unauthorized alterations and/or modifications on the original design of the short firearm shall be a ground for administrative and/or criminal action;

b) Replacement of issued short firearm with another type/caliber is prohibited, except when found defective or unserviceable as determined by the Director for Logistics. Appropriate investigation shall be conducted to determine whether the firearm was damaged due to negligence or carelessness of the end-user;

c) PNP uniformed personnel with more than one (1) issued short firearm from any PNP unit shall turn-in excess firearm/s to the SAO who issued said firearm/s or to the SAO-LSS. Non-compliance thereof shall be a ground for administrative and/or criminal case;

d) PNP uniformed personnel reassigned to another unit/office must execute an affidavit that they only have one (1) issued short firearm and acknowledge that they will be held both criminally and administratively liable in case their sworn statement is untrue.

SECTION 7. Repealing Clause. —

a) Memorandum Circular No. 93-015 series of 1993 and all rules and regulations and other issuances similar thereto that are inconsistent with this Memorandum Circular are hereby repealed or modified accordingly. aScITE

SECTION 8. Effectivity. — This Memorandum Circular shall take effect upon approval.

APPROVED this 23rd day of April, 2018, in Quezon City, Metro Manila, Philippines.

(SGD.) USEC. EDUARDO M. AÑOChairman, NAPOLCOM

(SGD.) ATTY. ROGELIO T. CASURAOCommissionerVice Chairman & Executive Officer

(SGD.) FELIZARDO M. SERAPIO, JR.Commissioner

(SGD.) JOB M. MANGENTECommissioner

(SGD.) ZENONIDA F. BROSASCommissioner

(SGD.) RONALD M. DELA ROSAEx-Officio Commissioner

Attested by:

(SGD.) ELVIRA M. BAUTISTAActing Chief, Secretariat