Question & AnswerQ&A (Act No. 2054)
The Circular aims to clearly define and delineate the functions of the different Directorates and Offices involved in the disposition of administrative/disciplinary cases filed against members of the PNP to avoid overlapping or duplication of functions and to improve coordination and feedback mechanisms, ensuring expeditious administration of discipline within PNP ranks without ignoring due process.
It applies to and governs the disposition of information/reports and administrative complaints received or filed against both uniformed and non-uniformed personnel of the PNP.
Appellate Authorities refer to the Regional Appellate Board (for decisions by Police Regional Directors), the National Appellate Board (for decisions by the Chief, PNP), the Secretary of the Department of the Interior and Local Governments (from NAB and RAB decisions), and the Civil Service Commission in summary dismissal proceedings before the National Police Commission en banc.
The grounds include newly discovered evidence materially affecting the decision and errors of law or irregularities prejudicial to the substantial rights and interests of the movant.
Probable cause refers to the existence of facts and circumstances that would lead a reasonable mind to believe, based on facts within the knowledge of the investigating officer, that the PNP member is liable for the administrative offense and should be investigated.
A Summary Dismissal Case is one where the maximum penalty is dismissal from service and falls under any of these: serious charges with strong evidence, recidivism, serious offenses involving conduct unbecoming of a police officer, or absence without official leave for 30 or more days.
Pre-Charge Evaluation is the process to determine existence of probable cause based on complaint and evidence; Preliminary Investigation involves ex-parte examination of records and documents, submission of affidavits, and if necessary, parties' conference to determine if a prima facie case exists to warrant formal charges.
They include Chiefs of Police or their equivalent supervisors, Provincial Directors or equivalents, Regional Directors or equivalents, the Chief, PNP, and the NAPOLCOM en banc.
DIDM initiates investigation and evaluation of reports (especially sensational and high-ranking cases), receives and acts on complaints, conducts pre-charge evaluations, files administrative cases involving criminal acts, transmits cases with probable cause to DPRM for summary hearings, recommends preventive suspensions, prosecutes administrative cases, supervises Court Process Officers, initiates appellate actions, and performs other required functions.
DPRM receives pre-charge evaluation reports and complaint records, enters cases into official dockets, monitors timely disposition through summary hearings, manages motions for reconsideration and appeals, issues clearance of non-pending cases, maintains qualified Summary Hearing Officers, acts as repository of records, and implements decisions.