Question & AnswerQ&A (PNP MEMORANDUM CIRCULAR NO. 2005-007)
The purpose is to guide the speedy, impartial, inexpensive, and judicious conduct of Pre-Charge Investigation and classify some acts as Conduct Unbecoming of a Police Officer applicable to all levels of the PNP units exercising disciplinary authority.
The complaint must state the rank, name, present unit assignment of the respondent, the acts and/or omissions complained of, full name, address, and contact telephone number of the complainant, and must be filed with the Pre-Charge Investigation Division or equivalent.
Anonymous complaints are considered as investigation leads and must be verified from persons, offices, documents mentioned or from other sources to ascertain their truthfulness before any appropriate administrative or criminal action is taken.
Summons can be served personally by handing a copy to the respondent or through substituted service by leaving a copy at their office or residence with a person of suitable age and discretion. Service by registered mail with return card is also allowed if personal or substituted service cannot be effected.
Failure to submit a counter-affidavit within ten (10) days from receipt constitutes a waiver, and the investigation shall proceed ex parte.
No, the presence of complainant and respondent is not indispensable. Investigations can be resolved based on submitted evidence except when a clarificatory confrontation is extremely necessary or in cases involving Women and Children Concerns Division where mediation is conducted first.
It refers to any behavior or action of a policeman, official or private, that dishonors or disgraces himself as a policeman or gentleman, indicating a corrupt or vitiated moral character and seriously compromising his position in the PNP.
Willful failure to pay just debt, non-support, and abandonment are classified as Conduct Unbecoming of a Police Officer.
A PNP member has a pending case once the designated Senior Hearing Officer (SHO) takes cognizance after C, PNP approval that probable cause exists against the respondent.
Yes, filing a Motion for Reconsideration or Appeal precludes the Order or Decision from attaining finality, thus the case remains pending during the period of such motions.
No, but after probable cause is determined, a Presidential Clearance must be secured before the administrative summary hearing commences.
DIDM exercises general supervision over pre-charge investigations, reviews recommendations of the SHO/Board, advises the Chief PNP on merits of the case, and guides judicious decisions based on evidence and applicable laws.
It applies to all administrative proceedings, including cases involving non-support, abandonment, willful and unjustified non-payment of just debt conducted by all disciplinary authorities against erring PNP members.
Other parts not affected shall remain valid as per the repealing clause in the circular.