Question & AnswerQ&A (PPSC BOT CIRCULAR NO. 07, S. 2001, DECEMBER 20, 2001)
The purpose is to ensure uniformity in the conduct of investigation and disposition of administrative cases against erring cadets of the Philippine National Police Academy (PNPA), setting forth specific policies and rules for such procedures.
Administrative offenses refer to acts or omissions for which a cadet may be administratively charged, including misconduct, violation of law, neglect of duty, irregularity in duty performance, incompetence, oppression, dishonesty, and disloyalty to the government.
Serious infractions include: (a) Violation of the Honor Code (e.g., cheating, stealing, lying); (b) Unauthorized possession of firearms or deadly weapons; (c) Conduct unbecoming of an officer or acts prejudicial to discipline; (d) Engaging in gambling inside camp; (e) Exceeding maximum allowable demerits; among others.
The Director of the PNPA is the summary disciplinary authority over all cadets.
The Director can impose admonition, reprimand, restriction to specified limits, withholding of privileges, suspension, or dismissal from the Academy.
The proceedings must begin with a verified written complaint signed by the complainant or their authorized representative, or by a Delinquency Report signed by competent authority.
It must contain the name, rank, address of the respondent cadet, description of the violation or infraction, place, date and time of the commission, and a brief statement of relevant facts.
The Command Inspector conducts a preliminary inquiry, notifying both complainant and respondent, furnishes charges and evidence to the respondent, allows submission of explanation within three days, and may proceed ex-parte if respondent fails to appear or respond. Then a report with recommendations is submitted to the Director.
The respondent must be furnished with charges and evidence, can submit an answer or counter-affidavit within five days, may cross-examine witnesses within a limited time, is allowed to have counsel, and must appear on the date set or risk hearing being conducted ex-parte.
The Director must render a written decision within five (5) days from receipt of the Summary Hearing Officer's report.
Yes, decisions involving suspension or dismissal can be appealed to the President of the Philippine Public Safety College (PPSC) within three (3) days from receipt of the decision.
Grounds include: new material evidence discovered; decision not supported by evidence; errors of law or irregularities prejudicial to the movant; and penalty not commensurate to the offense.
The hearing must commence within 24 hours after the respondent's answer or period to answer, and be finished within five (5) successive days.
If the complainant fails to appear despite due notice, the complaint may be dismissed for failure to prosecute if the respondent's culpability cannot be established without the complainant's testimony.
The respondent is deemed to have entered a plea of general denial to the charge.