February 26, 1998

NAPOLCOM MEMORANDUM CIRCULAR NO. 07-98

PRESCRIBING THE PROCEDURAL GUIDELINES TO BE OBSERVED IN THE IMPLEMENTATION OF ITEMS 1 AND 2 OF NAPOLCOM MEMORANDUM CIRCULAR NO. 98-02 DATED JANUARY 9, 1998

WHEREAS, the Commission in the exercise of its administration and control functions over the Philippine National Police (PNP) had issued Memorandum Circular No. 98-02, on the subject "Guidelines in the Manner of Promotion and Assignment of PNP Personnel;

WHEREAS, Item 1 of Memorandum Circular No. 98-02 provides that "The promotion of a PNP officer to the rank of Police Inspector and up shall be coursed through the National Police Commission for review and confirmation";

WHEREAS, Item 2 of Memorandum Circular No. 98-02 provides that "The assignment of a police officer to the position of Chief of Police and up shall likewise be coursed through the NAPOLCOM for review and confirmation.";

WHEREAS, it is necessary that the aforequoted provisions of the Circular be further clarified to avoid confusion in its implementation and, to obviate any possible conflict with the authority of the Provincial Governor and City/Municipal Mayor in the selection of the Provincial Director and City/Municipal Chief of Police, respectively, as explicitly mandated in Section 51 of RA No. 6975;

NOW THEREFORE, this Commission has resolved to adopt, as it hereby adopts the following procedural guidelines in the implementation of Items 1 and 2 of NAPOLCOM Memorandum Circular No. 98-02; SDHTEC

1. In the assignment/designation of Chief of Police, the PNP Provincial Director, before submitting the names of five (5) qualified eligibles to the City/Municipal Mayor concerned for his required action under Section 51, RA No. 6975, shall first forward the same to the NAPOLCOM Regional Director for review and confirmation.

 Should the Napolcom Director find the list of recommendees in order, he shall confirm the same, and forthwith return it to the PNP Provincial Director for immediate transmittal to the City/Municipal Mayor for him to select his choice. If any of the submitted recommendees is not qualified for assignment as Chief of Police in accordance with existing NAPOLCOM issuances, the NAPOLCOM Director shall return the same to the PNP Provincial Director stating therein his reason/s with the specific instruction to replace him with one who is qualified.

 Within ten (10) days from receipt from the PNP Provincial Director of the list of the five (5) recommendees for assignment as Chief of Police, as confirmed by the NAPOLCOM Regional Director, the Mayor shall signify his choice in writing to the PNP Provincial Director, who shall thereupon issue the order of assignment accordingly.

 Should the Mayor fail to signify his choice from among the five (5) recommendees in the list within the prescribed period, the PNP Provincial Director shall issue an order of assignment in favor of any one in the list.

 The PNP Provincial Director may relieve for cause a Chief of Police duly designated in accordance with this Circular upon consultation with the Mayor. In case of conflict between the PNP Provincial Director and the Mayor, either of them may refer the matter to the NAPOLCOM Regional Director, whose decision shall be final, unless modified or reversed within 30 days from notice thereof by the Commission en Banc. AScHCD

2. In the assignment/designation of Provincial Director, the PNP Regional Director or the Chief, PNP, prior to the submission of the names of three (3) qualified eligibles to the Provincial Governor concerned for his immediate action under Section 51, RA No. 6975, shall first forward the list of recommendees to the Commission for review and approval. Thereafter, the Commission en banc shall transmit the same to the office of the President for clearance and return the list to the C, PNP, for implementation.

 Any disagreement or objection by the NAPOLCOM to any of the recommendees shall be returned to the PNP National Headquarters with specific instructions/corrective action.

3. All other assignments of police officers from the ranks of Police Inspector to Chief Inspector within the region, shall be made in consultation with the NAPOLCOM Regional Director thereat. Assignments and reassignment of Superintendents and higher to any position shall be subject to prior confirmation and/or indorsement by the Commission en banc.

4. In the assignment/designation of PNP Regional Directors and their deputies, the same shall first be reviewed and confirmed by the Commission en banc, before the same could be submitted to the President for approval.

5. All promotions made by the PNP for Police Inspector up to Superintendent shall be subject to review by the Commission and would only become effective upon confirmation by the Commission en banc. For Police Senior Superintendent, the same shall be subject to confirmation and indorsement by the Commission en banc to the President of the Philippines for approval.

All existing Issuances which are inconsistent with this Memorandum Circular are hereby amended or revoked accordingly.

This Memorandum Circular shall take effect immediately. AcICHD

Approved this 26th day of February 1998 at Makati City, Philippines.

(SGD.) EPIMACO A. VELASCOSecretary DILG, and

(SGD.) JOSE PERCIVAL L. ADIONGCommissioner

(SGD.) EDGAR DULA TORRESCommissioner

(SGD.) ALEXIS C. CANONIZADOCommissioner

(SGD.) ROGELIO A. PUREZACommissioner

Attested by:

(SGD.) ATTY. BERNARDO R. CALIBOCommission Secretary