QuestionsQuestions (NPC-IAS INTERIM GUIDELINES, APRIL 2, 2001)
The IAS is empowered to: (1) proactively conduct inspections/audits on PNP personnel units; (2) investigate complaints and gather evidence for an open investigation; (3) conduct summary hearings on PNP members facing administrative charges and dispose cases based on due notice and hearing; (4) submit periodic reports on character/behavior assessments to the Chief PNP and the Commission; (5) file appropriate criminal cases when evidence warrants; (6) assist the Office of the Ombudsman in cases involving PNP personnel; and (7) provide documents/recommendations regarding promotions or key assignments.
IAS must conduct motu proprio investigations on: (a) incidents where a police personnel discharges a firearm; (b) incidents where death, serious physical injury, or any human rights violation occurred in a police operation; (c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of a police personnel; (d) incidents where a suspect in police custody was seriously injured; and (e) incidents where established rules of engagement were violated.
A complaint is a written and sworn charge filed against any respondent PNP member.
Probable Cause means that, from facts and circumstances, there is a reasonable ground to believe an offense has been committed and that the respondent probably committed it. Substantial Evidence is the amount of evidence which, to an unprejudiced mind, is sufficient to support a decision.
Pre-charge investigation is conducted after the respondent submits counter-affidavit/within set periods, to determine whether probable cause exists and it must not exceed five (5) working days. If probable cause is found on automatic review, a summons is issued and the case proceeds to formal investigation where all parties are notified and heard.
Within three (3) days from receipt of the complaint (or after the after-mission report in motu proprio cases), the IAS issues the notice of complaint directing the respondent to submit counter-affidavit within five (5) days. After the counter-affidavit is received, the IAS immediately sets the case for pre-charge investigation.
The respondent must submit a counter-affidavit (and supporting documents) within five (5) days from receipt of the notice of complaint.
Failure to submit is considered a general denial, and the investigation proceeds ex-parte.
Preventive suspension is lifted only on these grounds: (1) in the exigency of service as certified by the respondent’s immediate superior; (2) after the complainant has rested his case; and (3) failure to resolve the case within ninety (90) days.
Proceedings before the IAS are summary in nature and conducted by duly designated summary hearing offices, and they must be terminated within fifteen (15) working days from the date of initial hearing.
The preliminary conference is for identifying and simplifying issues, admitting/stipulating facts, and marking documentary evidence (if any). After the preliminary conference, the case is deemed submitted for resolution based on evidence on record and additional evidence presented. Parties must submit position paper/memorandum within ten (10) days from termination of preliminary conference, attaching witness affidavits and documentary evidence.
If the complainant fails to appear during the preliminary conference for at least three (3) scheduled hearings despite due notice, dismissal for failure to prosecute is warranted. Exception: if the respondent’s culpability can be proven by evidence other than the complainant’s allegations, the preliminary conference proceeds even if the complainant is absent.
No motion for postponement shall be entertained except for extremely meritorious grounds such as illness or physical incapacity of the parties or counsel.
The Inspector General or the Director of the Regional IAS must render the decision in writing within twenty (20) days after the lapse of the period for submission of the memorandum (with or without said memorandum).
An appeal from a Regional IAS decision goes to the Office of the Inspector General within ten (10) days from receipt of the decision or denial of the motion for reconsideration. Decisions of the Inspector General may be appealed to the National Appellate Board (NAB) of the National Police Commission within the same period only in cases where the penalty is DISMISSAL, DEMOTION, or FORCED RESIGNATION.
Such decisions are immediately executory. If exonerated on appeal, the respondent is immediately reinstated without loss of rank and seniority and entitled to payment of back salaries, allowances, and other benefits missed. For demotion, the respondent is restored to the former rank with payment of the difference in salary not received.