QuestionsQuestions (PNP MEMORANDUM CIRCULAR NO. 2010-021)
To clearly define and delineate the functions of PNP directorates/offices involved in the disposition of information/reports and administrative/disciplinary cases against PNP members, avoid overlapping or duplication of functions, improve coordination and feedback, and ensure expeditious discipline while still complying with due process.
It applies to and governs disposition of information/reports and administrative complaints received or filed against both uniformed and non-uniformed personnel of the PNP.
Administrative complaints/cases against any PNP member shall be filed before the Disciplinary Authority or IAS having territorial jurisdiction where the offense was committed, except certain citizen’s complaints under the cited rule.
Chiefs of Police or equivalent supervisors; Provincial Directors or equivalent supervisors; Regional Directors or equivalent supervisors; the Chief, PNP; and the NAPOLCOM en banc.
A process to determine the existence of probable cause based on allegations in the complaint and supporting evidence.
Such facts and circumstances as would excite belief in a reasonable mind, acting on facts within an investigating officer’s knowledge, that the PNP member is liable for the administrative offense for which he should be investigated.
A case where the maximum imposable penalty is dismissal from the service and the offense falls under situations including: serious charges with strong evidence; recidivists or repeatedly charged with reasonable grounds; serious offense involving conduct unbecoming of a police officer; or continuous AWOL of 30 days or more (with the stated rule on mutual exclusivity with serious neglect of duty).
Submitted to the Disciplinary Authority within ten (10) days from receipt of the decision copy, on grounds of newly discovered evidence materially affecting the decision, or errors of law/irregularities prejudicial to substantial rights.
A written notification filed with the Disciplinary Authority elevating the case on appeal to the NAPOLCOM appellate body, stating the material dates showing timeliness; a copy must also be furnished to the other party and to the appellate body.
After the lapse of fifteen (15) working days without motion or appeal being filed.
Newly discovered evidence that materially affects the decision; the decision is not supported by evidence on record; or errors of law/irregularities committed prejudicial to substantial rights.
An ex-parte examination of records/documents from the complainant and the person complained of, plus documents readily available from other government offices; parties may submit affidavits and counter-affidavits, and failure to submit a counter-affidavit is considered a waiver.
Among others: initiate investigation and evaluation (especially sensational cases involving Third Level Officers and above) in coordination with IAS/RIAS; receive complaints and conduct PCE; initiate filing of corresponding administrative cases; serve as repository of criminal case records; transmit records for summary hearing when probable cause exists; recommend preventive measures; prosecute in summary administrative proceedings; supervise CPOs for service of processes; initiate appellate actions for adverse decisions; and perform other required functions.
It dockets cases upon receipt of PCE and complete records; monitors timely disposition via summary administrative proceedings; reports SHOs who fail to resolve cases on time; transmits summary hearing reports/records to the Disciplinary Authority; resolves MRs/appeals with recommendations; furnishes and monitors implementation orders; initiates/terminates cases involving temporary appointment status; maintains pool of qualified SHOs and conducts training; serves as repository and implementer of decisions; issues clearance of non-pending cases; and sets policies/procedures for efficient discharge.
NHQ or Regional IAS shall: conduct motu proprio investigations; investigate complaints and gather evidence in coordination with DIDM/RIDMD; conduct summary hearings on PNP members facing administrative charges; submit periodic reports on assessment/evaluation of character and behavior; file appropriate criminal cases; and assist the Ombudsman in relevant cases.
To act on referrals from the DPRM/RPHRDD regarding draft decisions prepared by designated SHOs, but only on matters involving application of laws, rules and regulations; act on referrals/instructions from command group or Disciplinary Authority; and perform other required functions.
Regional Appellate Board (RAB), National Appellate Board (NAB), Secretary of the Department of the Interior and Local Government in cases from NAB/RAB, and the Civil Service Commission in summary dismissal proceedings instituted before the NAPOLCOM en banc.
By clearly delineating the functions of DIDM/RIDMD, DPRM/RPHRDD, IAS, and Legal Services, specifying where records are docketed, how probable cause leads to summary hearing, how motions/appeals are handled, and who prosecutes, resolves, implements, and monitors decisions.
Fifteen (15) days from the date of filing with the University of the Philippines Law Center, pursuant to EO 292, Sections 3 and 4 of Chapter 2, Book VII.