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MANY CASES have reached our office particularly this Police Regional Appellate Board 5 (Board, for brevity) involving police officers who made themselves absent for duty for no apparent reasons. Usually, when a case of Serious Neglect of Duty by reason of their failure to file official leave is filed against them, they panic or seek the assistance of a lawyer. I am herewith re-printing the salient features of Napolcom Memorandum Circular No. 95-017 for information of the general public. This particular circular deals on the guidelines governing the personnel action of dropping from the rolls of officers and non-officers of the Philippine National Police (PNP) for incurring absences without official leave. In section of the said circular, the phrase “Absence without official leave”, in general, refers to the status of any official or employee who absents himself from work without approved leave of absence. As applied to the officers and non-officers of the PNP, it shall encompass, but shall not be limited to the following:
a) absence from place of work or assignment without approved vacation leave; b) failure to report for duty after the expiration of approved leave of absence; c) failure to give notice to his immediate superior officer the fact of his inability to report for work on account of sickness or injury; failure to file appropriate application for sick leave after his return for work attaching therewith the required medical certificate; e) abandonment of work or assignment without prior approval of his immediate superior officer; and f) failure to report to his new assignment/unit within three (3) days from receipt of the order of reassignment or for reporting to a unit where he is not officially assigned.
Any member of the PNP falling under any of the abovementioned categories who absents himself for a period of five (5) days or more but not to exceed thirty (30) calendar days shall be dropped from the rolls, after due notice, in accordance with the procedure prescribed in the circular
As regard an officer or employee who has been continuously absent without approved leave for thirty (30) calendar days or more, he or she shall be dropped from the rolls WITHOUT PRIOR NOTICE. However, he or she shall be informed of his separation from the service not later then five (5) days from its effectivity, which shall be sent to the address appearing on his latest 201 files or his present place of work or assignment.
It is the Chief, PNP as head of office and the appointing authority for all officers, excluding those holding the rank of Senior Superintendent or higher, and non-officers assigned at the national headquarters, and the PNP Regional Directors with respect to regional personnel, including officers and members of the administrative and operational support units assigned thereat, who are authorized to issue drop from the roll order. The Chief, PNP may delegate such authority in the interest of justice. His order shall be immediately executory without prejudice to the filing of motion for reconsideration within three (3) days from receipt of the Order of Dropped from the Rolls. An order issued by other PNP officers delegated to exercise such authority shall be appealable to the Chief, PNP with three (3) days from receipt of the Order of Denial. The Order of Dropped from the Roll issued by the Chief, PNP shall be final and executory.
With the above pronouncements, there is no reason for affected police officers to appeal to the Board. The board will accept the appeal and will necessarily issue a resolution denying the appeal for lack of jurisdiction.
The most important thing to remember is when a PNP member who has been found on continuous absence without official leave or incurred unauthorized absences, the disciplinary action such as the administrative complaint for Serious Neglect of Duty (AWOL) must be filed first while he or she is still in the police service. You may visit our website at www.napolcom.gov.ph.
