Question & AnswerQ&A (PPSC BOT CIRCULAR NO. 03-2003)
The circular amends certain provisions of the PNPA Administrative Disciplinary Machinery to improve and expedite the disposition of cases against erring PNPA cadets while ensuring their right to due process.
It amends BOT Circular No. 7, s. 2001, which initially provided the rules and regulations for administrative proceedings against PNPA cadets.
Infraction a (Violation of the Honor Code such as cheating, stealing, lying, or tolerating Honor Code violations) and infraction e (Exceeding maximum allowable demerits) are deleted.
The amendments newly include 'Grave misconduct' and 'Violation of the PNPA Grievance Machinery' as serious offenses under Rule II, Sec. 2.
Proceedings must be commenced by a verified written complaint signed by the complainant or authorized representative or by a Delinquency Report signed by competent authority. The Command Inspector may also initiate proceedings based on submitted reports.
Respondents must submit an explanation with any supporting documents within two (2) days from receipt of the complaint or charges. No extension for filing the explanation is allowed.
Within one day from receipt of the case record, the respondent shall receive copies of the complaint, affidavits, and documents, and must answer within three (3) days by submitting an answer, counter-affidavit, or affirm the prior explanation along with pertinent evidence.
Either party may file one Motion for Reconsideration or Notice of Appeal personally and directly with the Office of the Director, PNPA. No other modes of filing are allowed, and the motion shall be resolved within two (2) days.
The PPSC President shall decide the appeal within ten (10) days after receiving the entire case records from the Director, PNPA.
Yes, the decision is final and executory unless a timely Motion for Reconsideration is personally filed within three (3) days. Only one Motion for Reconsideration is allowed, and its decision is immediately final, executory, and non-appealable.