QuestionsQuestions (PPSC BOT CIRCULAR NO. 07, S. 2001, DECEMBER 20, 2001)
It aims to ensure uniformity in the investigation and disposition of administrative cases against PNPA cadets and sets out the organization, jurisdiction, powers, duties, and procedures for investigating and adjudicating such cases.
An act or omission in which a cadet may be administratively charged, including misconduct, violation of law, neglect of duty, irregularity in performance of duty, incompetence, oppression, dishonesty, and disloyalty to the government.
Examples include violation of the Honor Code (cheating/stealing/lying or tolerating), unauthorized possession of deadly weapons, conduct unbecoming/acts inimical to discipline, gambling inside camp, exceeding maximum allowable demerits, gross insubordination, habituality/recidivism, drinking alcoholic beverages, possessing/using dangerous drugs, AWOL/cutting classes/malingering/violating restriction orders, unauthorized presence in off-limits/restricted areas, causing physical injury, causing damage to government property, and other analogous offenses.
The officer in charge of the Inspectorate and Internal Affairs Office of the PNPA.
The Director, PNPA has summary disciplinary authority over all cadets. Decisions/orders involving suspension or dismissal are appealable to the President, Philippine Public Safety College (PPSC).
Admonition, reprimand, restriction to specified limits, withholding of privileges, suspension, or dismissal from the Academy.
By a verified written complaint signed by the complainant or his duly authorized representative, or by a Delinquency Report signed by a competent authority.
The respondent cadet’s name, rank, address, designation of the violation/infraction, place, date, and time of commission, and a brief statement of relevant and material facts, written clearly and concisely.
They are filed with the Office of the Director, PNPA. The Director then directs the Command Inspector to conduct the pre-charge investigation.
Within two (2) days from receipt of the complaint/delinquency report, the Command Inspector conducts preliminary inquiry and notifies and summons the complainant/respondent and their witnesses if any.
The respondent must submit the Explanation within three (3) days from receipt of the complaint and supporting documents. No extension to file the explanation is allowed.
The investigation proceeds ex-parte.
To: (1) dismiss for lack of jurisdiction and refer to appropriate authority; (2) impose demerit if the offense is not serious; (3) dismiss for lack of probable cause; or (4) order formal investigation if probable cause exists.
Upon approval by the Director of the Command Inspector’s recommendation for formal investigation, the case is referred immediately to the designated SHO for a summary hearing.
The respondent is given five (5) days from receipt of the complaint/charges and documents to file an answer/counter-affidavit (or affirm previous explanation). If the respondent fails/refuses to file within the period, he is deemed to have entered a plea of general denial.
Direct examination is dispensed with; sworn statements/affidavits of witnesses take the place of direct testimony subject to cross-examination. Cross-examination is limited to not more than fifteen (15) minutes per witness and only on material and relevant matters.
The Director must render the written, personally signed decision within five (5) days from receipt of the SHO’s report/evaluation. The decision must state the names of parties, offense charged, brief material facts, findings and conclusion, applicable laws/rules/regulations, and the disposition.
It becomes final and executory if no appeal or motion for reconsideration is perfected/ filed within the reglementary period. For appeals involving suspension or dismissal, the respondent must file and serve a notice of appeal within three (3) days from receipt of the decision/resolution; within 48 hours the Director forwards the records to the President, PPSC, who decides within ten (10) days from receipt of the entire records. A motion for reconsideration may be filed within three (3) days from receipt of the President’s decision, with only one motion allowed.