ADMINISTRATIVE CIR. NO. 56 December 18, 1989
PHILIPPINE SUPREME COURT CIRCULARS
TO: THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI'A DISTRICT COURTS AND SHARI'A CIRCUIT COURTS
SUBJECT: Letter-Directive of Major Gen. of the Armed Forces of the Philippines (AFP), Ramon E. Montano, on Court Appearance of PC/INP Personnel.
Upon the request of Major Gen. Ramon E. Montano, AFP, we are disseminating herewith for your information and guidance this letter-directive on court appearance of the PC/INP.
December 18, 1989.
(Sgd.) MARCELO B. FERNAN
Chief Justice
REPUBLIC OF THE PHILIPPINES
Department of National Police
HEADQUARTERS PHILIPPINE CONSTABULARY/INTEGRATED
NATIONAL POLICE
Camp Crame, Quezon City
April 10, 1989
The Court Administrator
Supreme Court
Manila
Sir:
This has reference to PC/INP personnel who ignore, disobey and/or refuse to appear in court as witnesses despite service of subpoena which actuation in several cases resulted in the dismissal of the case to the prejudice of the private complainants and/or the government. This Headquarters has received so many reports from courts and prosecutors of these actuations prompting us to promulgate a letter directive which will serve a remedial measure to curb this inefficiency on the part of our law enforcers. This Headquarters strongly feels that our personnel must wholeheartedly cooperate with the courts/prosecutors because the task of the PC/INP is interrelated with that of the courts and other civil judicial authorities.
In this connection, we respectfully request your Honorable Office that copies of our letter directive which is hereto attached be disseminated to all the Regional Trial Courts, Metropolitan and Municipal Trial Courts throughout the country for their guidance and information.
It is hoped that with this letter directive the seeming inefficiency of our personnel can be earnestly corrected and will further strengthen our administration of justice.
Very truly yours,
(Sgd.) RAMON E. MONTANO
Major General, AFP
Chief of Constabulary/Director General, INP
Annex
7 April 1989
SUBJECT: Court Appearance of PC/INP Personnel
TO: All Commanders, PC/INP
1. References:
a. Circular No. 33, GHQ, AFP, dated 29 June 1966;
b. AFP Regulations G 131-252;
c. Memorandum of MND to CSAFP re Court Duty of Military Personnel, dated 11 March 1976; and
d. HPC/INP Letter Directive Subject: Court Appearance, dated 18 September 1979.
2. It has come to the attention of this Headquarters through reports from courts and prosecutors that many PC/INP personnel ignore, disobey, and/or refuse to appear in Court as prosecution witnesses or in hearing before prosecutors despite service of subpoena which actuation almost always resulted in the dismissal of cases to the prejudice of private complainants and the government.
3. The Actuation of these PC/INP personnel necessarily downgrade the image if not discredit the entire Philippine Constabulary/Integrated National Police because appearances in criminal prosecution, as witnesses, is part of law enforcement which is their primary task when they joined the organization. Besides, courts/prosecutors are vital pillars of our criminal justice system and such being the case, wholehearted cooperation should be extended to it considering that the task of the PC/INP is interrelated with that of the courts and other civil judicial authorities.
4. Henceforth, any PC/INP personnel found to have disobeyed and/or refused court's/prosecutor's order to appear as prosecution witnesses without justifiable reason shall be subjected to criminal and/or administrative proceedings if evidence warrants. This Headquarters does not and will not countenance such misdemeanors. On the contrary, we abhor these actuations.
5. Hereunder therefore, are the regulations which should be strictly followed whenever the attendance/appearance of PC/INP personnel is required by courts and/or prosecutors:
a. Subpoenas to PC/INP personnel who are witnesses in court trials and prosecutor's hearings shall be served through their respective Unit Commanders who will ensure their attendance and who will coordinate with the courts and prosecutor's office concerned in case of conflicting hearings. Failure of PC/INP personnel to appear before the court and the prosecutor's hearing inspite of proper service to them of subpoena shall be reported to the Unit Commanders concerned for appropriate criminal and/or administrative action against the erring personnel. When a PC/INP personnel witness is made to file their undertaking for subsequent hearing which are announced in open court or during prosecutor's hearings, said PC/INP personnel witness shall inform their Unit Commander. PC/INP personnel witness shall be advised to coordinate with the prosecutors concerned to prevent waste of valuable time in the court room.
b. Whenever a subpoena for the appearance of the PC/INP personnel as prosecution witness in a criminal case is received by a unit, the Unit Commander or on case of his absence/unavailability, the officer next in line Command and down the line until service is affected shall cause the personal service of the same to the PC/INP personnel concerned. No subpoena shall be returned to the issuing court or prosecutor's office, with information that the same has been duly served, except upon unmistakable proof of service thereof upon the personnel concerned.
c. When the subpoeneda PC/INP personnel is sick in hospital or is suddenly ill and his Commanding Officer is of the opinion that the state of health of the subpoened personnel is such that said personnel may not be able to comply with the subpoena on the scheduled date and time, said Commanding Officer shall notify the authority issuing the subpoena by the fastest available means of communication of such fact. Sickness is a circumstance or a legal reason to justify postponement of hearing.
d. When the subpoenaed personnel is actually on operation in the field and is expected that the operations will continue up to the time of the scheduled hearing, steps should be taken to recall such subpoenaed personnel therefrom in order to enable him to appear as required except in time of war when his absence from station would unduly prejudice the war effort if such personnel is a unit leader (platoon leaders and up) actually or operating in a place which is more than 50 kilometers from the place of trial. In this exceptive circumstance the Unit Commander should immediately communicate by the fastest available means preferably by wire, with the authority where the case is pending.
e. PC/INP Commanders shall be equally responsible as the subordinate whenever the latter is called upon for court duty in whatever capacity.
f. Pending such court or prosecutor's appearance, the PC/INP personnel concerned shall not be given a mission that will prevent him from complying with such order; neither shall such personnel be transferred to another unit until his court duty is completed.
g. Court duties shall take precendence over police duties except in cases involving national security.
h. All officers receiving copies of court or prosecutor's orders calling for the appearance of military personnel shall treat such communication under "rush" category.
i. PC/INP personnel who may be found disobeying these policy instructions shall in appropriate cases be summarily discharged or charged with disobedience, conduct unbecoming and/or prejudicial to good order and discipline under AW 96, 97 and/or 105 of the Articles of War whichever is appropriate in the case of PC personnel and PD 971, as amended in the case of INP personnel. These punitive measures shall be in addition to any punishment which the court may impose upon the erring PC/INP personnel.
6. For immediate and strict observance/compliance by all concerned.
(Sgd.) RAMON E. MONTANO
Major General, AFP
Chief of Constabulary/Director General, INP
Copy furnished:
The Court Administrator
Supreme Court
The Secretary of Justice
The Lawphil Project - Arellano Law Foundation
