APPEARANCE OF PNP PERSONNEL AT THE SENATE, HOUSE OF REPRESENTATIVES AND THE COMMISSION ON HUMAN RIGHTS

a. 1987 Constitution, Article VI (Legislative Department) and Article XIII Section 17 (Human Rights);
b. PNP Memorandum Circular No. 2007-015 dated November 23, 2007;
c. PNP Issuances on Appearance in Congressional Hearing; and
d. Jurisprudence (Arnault vs. Nazareno 87 Phil 29; Simon vs. CHR GR No. 100150, Jan. 5, 1994)

2. PURPOSE:

This Circular aims to provide the proper guidelines for PNP
personnel invited and required to attend committee hearings, technical
working group, inquiries in aid of legislation and plenary deliberation
at the Senate or House of Representatives (HOR) or investigations
conducted by the Commission on Human Rights.

3. DEEFINITION OF TERMS:

a. Congressional Hearing is a meeting or session of a
Senate, HOR, Joint, or Special Committee of Congress, usually open to
the public, to obtain information and opinions on proposed legislation,
conduct an investigation, or evaluate/oversee the activities of a
government department or the implementation of a law.

b. Inquiry in aid of legislation may refer to the implementation or
re-examination of any law or appropriation or in connection with any
proposed legislation or the formulation of, or in connection with future
legislation, or will aid in the review or formulation of a new
legislative policy or enactment. They may also extend to any and all
matters vested by the Constitution in the House of Representatives or
the Senate.

c. Contempt for purposes of this policy shall mean willful disregard or disobedience to a public authority.

4. GUIDELINES:

a. Article VI of the 1987 Constitution provides the following:

Section 1: The Legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and a House
of Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.

Section 21: The Senate or the House of Representatives or any
of its respective committees may conduct inquiries in aid of
legislation in accordance with its duly published rules of procedure.
The rights of persons appearing in or affected by such inquiries shall
be respected.

b. Article XIII, Section 18 (1-2) of the 1987 Constitution states
that “The Commission on Human Rights shall have the following powers and
functions:

1) Investigate, on its own or on complaint filed by any party, all forms of human rights violations involving civil and political
rights;

2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court xxx

c. The power of Congress to punish for contempt is inherent as a
matter of self-preservation being one of the three independent and
coordinate branches of the government. In the old case of Arnault vs.
Nazareno, 87 Phil 29, the Supreme Court stated that “A legislative body
cannot legislate wisely or effectively in the absence of information
respecting the conditions which the legislation is intended to affect
or change; and where the legislative body does not itself possess the
requisite information which is infrequently true, recourse must be had
to others who possess it. xxx The power of investigation necessarily
includes the power to punish a contumacious witness for contempt.

d. With respect to the power of contempt by the Commission on Human
Rights, the Supreme Court mentioned in the en banc case of Brigido
Simon, et al vs. CHR, G.R. No. 100150, 1994 January 5 that “the power to
cite for contempt could be exercise against persons who refuse to
cooperate with the said bod y, or who would unduly withhold relevant
information, or who decline to honor summons, and the like, in pursuing
its investigative work xxx”.

e. PNP personnel who failed to attend the committee hearings,
deliberations, technical working group, inquiries in aid of legislation
and human rights investigations in the Senate, House of Representatives
or Commission on Human Rights may be held in contempt and may thereafter
be arrested by the Sergeant-at-Arms of the Senate/HOR.

5. PROCEDURES:

a. Invitations from the Senate/House of Representatives:

1) All invitations for the Senate of the Philippines (SENATE)
and the House of Representatives (HOR) must be officially received by
the Liaison Officer for Legislative Affairs (LOLA) – SENATE/HOR of the
Directorate for Plans (DPL).

In case the invitation was personally sent to the concerned PNP
personnel, office/unit, said PNP personnel, office/unit must inform DPL
thru the LOLA-SENATE/HOR as the case may be within the day of the
receipt of such invitation or summons.

2) The Legislative Affairs Division (LAD) of DPL shall prepare
the necessary Memorandum for the PNP attendees and coordinate with the
Directorate for Logistics for the transportation, Directorate for Comptrollership
for the funds and the Headquarters Support Service for the food of the
attendees to be signed by the Chief, Directorial Staff.

3) The LOLA-SENATE/HOR shall coordinate with the inviting
committee of the SENATE/HOR as to the essential details of the
hearing or deliberation. Any vital information or incident that would affect the PNP organization must be immediately relayed to TDPL and the
Command Group for the Chief, PNP’s guidance or instruction.

4) The DPL in coordination with the PNP officer from the lead
Directorate who attended the hearing, deliberation, inquiries or TWG
shall prepare the after conference report to be submitted to the Command
Group.

5) The attendees from the concerned D-Staff, NSU’s and PROs
shall thereafter submit their comments and recommendations on the
proposed bill and other data to the Directorate for Plans which shall
consolidate the same as position paper for signature of the Chief, PNP
prior to submission to the concerned SEN ATE/HOR Committee.

6) The PNP Legal Service shall also submit their legal opinion on
the proposed bill or inquiries made during the hearings to the
Directorate for Plans for consolidation, prior to submission of the PNP’s official position paper to the SENATE/HOR or CHR.

b. Invitations from the Commission on Human Rights:

1) Invitations from the Commission on Human Rights (CHR) must be
officially received by the Human Rights Affairs Office (HRAO). If the
invitation was personally sent to the concerned PNP personnel,
office/unit, said personnel, office/unit shall inform the C, HRAO of
said invitation.

2) The Chief, HRAO shall coordinate with the CHR as to the
schedule and names of attendees with regard to any investigation
pertaining to alleged violation of human rights. The Chief, HRAO shall
also inform the CHR that it shall be the central receiving office of the
PNP with regard to the service of summons or subpoena duces tecum issued by the CHR to ensure compliance thereof by those concerned.

3) The Chief, HRAO shall likewise furnish the DPL (attn:
Legislative Affairs Division) copies of CHR invitations and the Legal
Service (attn: Legal Assistance Division) of the summons or subpoena
duces tecum for appropriate action.

6. APPEARANCE AT THE SENATE, HOUSE OF REPRESENTATIVES and the COMMISSION ON HUMAN RIGHTS:

a) Only Senior Officers from the concerned D-Staff, NSUs, PROs,
preferably POLICE CHIEF SUPERINTENDENTS or POLICE SENIOR
SUPERINTENDENTS, shall attend committee hearings, technical working
group, inquiries in aid of legislation, plenary deliberations or
investigations. These officers may however be accompanied by junior
officers or technical staff but only to assist them during the
hearing/deliberations or investigations.

Provided, however that hearings or deliberations in the SENATE
Committee of Public Order and Illegal Drugs and the HOR Committee on
Public Order and Safety wherein the PNP Legislative Agenda are pending,
the attendee must be a POLICE CHIEF SUPERINTENDENT from the concerned
D-Staff, NSUs and PROs.

Provided, furthermore, that during BUDGET HEARINGS all the
Directors of the Directorial Staff and Regional Directors must attend,
except when such absence is authorized by the C, PNP.

b) If a junior officer (PSUPT and below) or a PNCO is explicitly
requested by the SENATE/HOR to attend the committee hearings, inquiries
in aid of legislation, or human rights investigations, his/her direct
immediate superior who is knowledgeable of the subject matter in issue
or other details thereof must accompany said officer/ PNCO during
his/her appearance,

c) The PNP Legal Service (preferably a senior legal officer) shall
assist the attendees in the committee hearings, deliberations,
inquiries in aid of legislation, plenary deliberation in the SENATE/HOR
or investigations in the CHR.

d) Be it noted that, appearance or attendance at such hearings are
considered mandatory regardless of whether the subject matters are sub judice or
under judicial determination. Such invocation may however, be raised
or manifested during the said hearings to avoid being questioned on
matters that are sub judice.

e) The DPL thru the LOLA-SENATE/HOR shall ensure the attendance
of PNP personnel. C, HRAO shall also ensure the attendance of PNP
personnel appearing at SENATE/HOR/CHR on inquiries related to human
rights. Names of absent invitees/ non-attendees shall be submitted to
the DIDM for appropriate action.

f) In case of issuance of arrest order from the Senate/HOR, the PNP
officer shall be delivered/surrendered by the PNP to the Senate/HOR.

7. PENAL CLAUSE:

The PNP personnel who failed to attend the committee hearings,
technical working group, inquiries in aid of legislation and plenary
deliberations at the SENATE and HOUSE OF REPRESENTATIVES or
investigations at the COMMISSION ON HUMAN RIGHTS shall be
administratively liable for SERIOUS NEGLECT OF DUTY subject to penalties
provided for by law and after observance of due process.

8. REPEALING CLAUSE:

All PNP issuances which are contrary to or inconsistent with this Circular are hereby amended or repealed accordingly.

9. EFFECTIVITY:

This Circular takes effect fifteen (15) days from the date of
filing of a copy thereof with the University of the Philippines Law
Center pursuant to Sections 3 and 4 of Chapter 2, Book VII of EO No.
292, otherwise known as the Administrative Code of 1987.

Adoptd: 12 March 2009

(SGD.) JESUS A. VERZOSA, CEO VI
Police Director General
Chief, PNP