Republic of the Philippines Derartment of the Interior and Local Government NATIONAL POLICE COMMISSION Makati City MEMORANDUM CIRCULAR NO. _ 2008. PRESCRIBING POLICIES AND GUIDELINES GOVERNING THE PAYMENT OF SALARY AND ALLOWANCES OF UNIFORMED PERSONNEL OF THE PHILIPPINE NATIONAL POLICE (PNP) MISSING IN ACTION (MIA), THE FINDING OF DEATH AND TERMINATION OF PAYMENT Pursuant to Sections 78, 79 and 80 of Republic Act No. 6975, otherwise known as the “Department of Interior and Local Government Act of 1990", the following policies and guidelines governing the payment of salary and allowances of PNP Uniformed Personnel Missing In Action, the finding of death and termination of payment are hareby promulgated Section 1. itie of the Rules.- These Rules shall be known and cited as Policies and Guidelines Governing the Payment of Salary and Allowances of Uniformed Personnel of tle Philippine National Police (PNP) Missing in Action {Mla\), the Finding of Death and Termination of Payment Section 2. Definition of Terms. — For purposes of these Rules, the following terms shall be understood to mean as follows: a. Captured seized or being held by force ' bp. Kidnapped — carried away unwillingly through unlawful force or fraud or seized and detained for the purpose of so carrying away cc. Lawless Elements — criminal, illegal, corrupt, fraudulent, wicked person(s)igroup (SV organization(s) d. Missing in Action (MIA) -- any PNP Uniformed Personnel who, while in the performance of duty or by reason of being an officer or member of the PNP, is Officially confirmed missing in ection, kidnapped or captured by lawless elements (Sec. 78, R.A. No, 6975) @. Next of Kin/Heirs - refers to the relatives of the missing PNP personne! who are entitied to receive the salary and allowances. For this purpose, the following are the next of kiry heirs in the order of precedence, to wit: 1, The spouse, legally married to the PNP member MIA and not legally separated by judicial decree issued on grounds not attributable to the receiving spouse and who have not abandoned the missing PNP member concerned without justifiable cause; 2. Legitimate, legally adopted and illegitimate children who are below 21 years of age and not yet emancipated by marriage;3. In the absence of any of those mentioned in the above paragraphs 1 and 2, legitimate parents of the PNP member MIA: and 4. In the absence of any of those mentioned in the above paragraphs 1, 2 and 3, legitimate brothers and sisters of the PNP member MIA who are dependent from him/her for support and must be below 21 years of age and not yet emancipated by marriege Section 3. Objectives. ~ The Rules are prescribed to attain the following objectives: 4. To promote prompt and speedy payment of salaries and allowances of PNP member officially confirmed MI To ensure that while so absent, his or her next of kin or heirs will receive the same pay and allowances due him or her at the time of the incident. g ¢. To ensure that compulsory ratirement of a PNP member missing in action shall be processed to allow his or her survivors to enjoy the retirement benefits, Section 4. Creation of PNP Personnel Missing in Action Board (MIA ‘A. To implement these rules, a PNP Personnel Missing in Action Committee (PNP MIA Committee) is hereby created in the NHQ, PNP, and shall be composed of the following: Deputy, DPRM - Chairman Deputy, HS - Vice Chairman Deputy, Di ~ Member Deputy, DIDM. - Member Deputy, Legal Service -Member Deputy, DO - Member Chief, BPAD ~ Member / Recorder B. Duties and functions of the Committee: 1. To receive, evaluate the reportirecommendation of the NSU/PRO having jurisdiction over the PNP member MIA and to determine the genuineness, authenticity, and completeness of the documents submitted; 2. To recommend to the Chief, PNP the payment of salaries and allowances after determination of the compliance with the requirements prescribed by these rules.Section 6. frocedure jn the Identification and Reporting _of PNP Personne! MIA : A. Within five (5) days foltowing a legitimate police operation oF reiated police action or an incident resulting in the kidnap or capture or a situation where a PNP uniformed personnel cannot be found, the Unit ChieffChief of Police/Office of the PNP personne! MIA shall make a report to NSU/PRO concermed, with the following information and attachment: 4. The name of police personnel MIA, rank, badge number, Office/Unit/Station of Assignment, date and place of operation or incident. 2. The name of the next of kinvheir, complete address, and his or her relationship to tne PNP personnel MIA. 3, After-Police Operation Report duly signed by the team leader of the police unit/o¥ize concemed that conducted the operation or a detailed police report in case the PNP member concerned was kidnapped or ‘captured or missing and cannot be found; 4, Original copy of undated Personal Data Sheet and Service Record of the PNP MIA to be sacured by respective liaison officet/s from RMD, DPRM; 5. Copy of PNP issued Dependent’s {D. In case of photocopy, it must be authenticated by the proper Administrative Officer or PHRDD Chief concemed: 6. If the claimant is the spouse, marriage contract duly authenticated by NSO must be submitted. Hf the claimant is a child, he/she shall submit Certificate of Live Birth duly authenticated by NSO and the marriage contract stated above. For legally adopted children, adoption papers and other documentary proofs shall be submitted. If the claimant is a brother or sister, parent's marriage contract and Certificate of Live Birth of the PNP member concerned and the claimant, duly authenticated by NSO shall be submitted. B. Flow Chart for payment of salary and allowances of PNP uniformed personnel MIA (Step [opr] Work Activity hea City /Municipat_ | - makes a report to the NSU/PRO through a formal Police Station / ‘communication within five (6) days | Provincial Police | - Submits necessary documents to facilitate the Office processing of the benefits to next of kinvheirs of L | the PNP personne! MIA 2 National Support| ~ validates the report ‘Unit/Police | ~ submits recommendation to tre PNP MIA Regional Office | Committee