QuestionsQuestions (NAPOLCOM MEMORANDUM CIRCULAR NO. 2002-13)
IAS is the Internal Affairs Service created under Section 39 of RA 8551 within the PNP. As reflected in the Circular, IAS (1) investigates complaints and gathers evidence for an open investigation, (2) conducts summary hearings on PNP members facing administrative charges, and (3) conducts motu proprio/automatic investigations in specified cases, among other functions such as inspections/audits and assistance to the Ombudsman.
The Circular states that IAS is not a disciplinary authority (per NAPOLCOM MC No. 99-006). Therefore, IAS recommendations must be submitted to the proper PNP disciplinary authority for disposition or adjudication; IAS conducts investigation and/or summary hearing, while the disciplinary authority ultimately imposes the penalty.
A complaint must be in writing, subscribed and sworn to by the complainant, and accompanied by sworn statements/affidavits of witnesses and other supporting documents, including an affidavit of non-forum shopping. As much as possible, it must include (1) full name and address of complainant, (2) full name, rank, station/assignment of respondent, and (3) a narration of the facts showing acts/omissions constituting the alleged offense.
Generally, the complaint should be filed in the national/regional/provincial/city office where the offenses were committed. Requests to transfer venue within the same region are approved by the regional IAS; transfer outside the region requires approval from the national IAS.
Forum shopping is filing several complaints arising from the same cause of action involving the same parties with different disciplinary authorities. Willful and deliberate forum shopping and/or inclusion of a false certification is a sufficient basis to dismiss the complaint.
A pre-charge investigation is required in all administrative complaints filed with IAS. Exception: if a formal complaint is already prepared and duly accompanied by witness affidavits and documentary evidence, it is immediately forwarded to the Legal Affairs Division of the regional/national IAS for formal hearing.
(a) Within 3 days from receipt of the complaint (or submission of report in motu proprio), the investigating IAS notifies the respondent and directs him to submit answer within 5 days. (b) Within 3 days from receipt of the answer/counter-affidavit (with probable cause not exceeding 5 working days total, per the Circular), the investigating IAS evaluates probable cause. (c) The regional IAS office conducts automatic review within 3 days; if probable cause exists, it forwards the case to the designated Summary Hearing Officer; if none, it dismisses the complaint with notice.
Failure to submit counter-affidavit and controverting evidence is considered a general denial, and the complaint is deemed submitted for resolution based on the evidence on record.
It is summary in character and not governed by technical rules of evidence, but it must comply with administrative due process.
The Summary Hearing Officer issues summons within 3 days from receipt of formal complaint and records, attaching the complaint and documents, requiring the respondent to file his answer or other responsive pleadings within 5 days. Failure to file is treated as a general denial. No motion to dismiss or bill of particulars is allowed.
It defines/simplifies issues, enters admissions and stipulations of fact, marks documentary evidence, and resolves other relevant matters. It shall be completed in one (1) day, with proceedings recorded and signed by the parties/counsels.
Preventive suspension may be recommended during the formal hearing when (1) the charge is serious and evidence of culpability is strong, or (2) there is evidence the respondent is harassing/intimidating/coercing/unduly influencing the complainant or witnesses. The period cannot exceed 90 days; otherwise the respondent is automatically reinstated without prejudice to continuation of proceedings.
Preventive suspension may be lifted in (1) exigency of service with conformity of IAS conducting the hearing, (2) when prosecution/complainant rests upon certification by IAS, or (3) failure to resolve the case within 90 days where the delay is not the fault of the respondent.
Failure to appear is considered a waiver to be present and submit evidence; the hearing proceeds ex parte.
Dismissal is allowed if the complainant fails to appear for at least two scheduled hearings despite due notice, with proof of notice by the process server under oath. However, if respondent’s culpability can be proven by evidence other than complainant’s allegations, the hearing proceeds even in complainant’s absence.
Inspector General/Director of Regional IAS must forward decision within 15 days from receipt of Summary Hearing Officer’s investigation report. The PNP Disciplinary Authority must act within 30 days from receipt. Failure to act within the period renders the decision final.
A decision imposing dismissal from service is immediately executory. Filing a motion for reconsideration or appeal does not stay the decision. If the respondent is exonerated on appeal, he is immediately reinstated without loss of rank/seniority and entitled to back salaries/benefits.
Grounds include newly discovered evidence; errors of law or prejudicial irregularities; findings of fact not supported by records/substantial evidence; and penalty too harsh/ not commensurate. An appeal is perfected by filing a notice of appeal within 10 days from receipt of the decision/resolution.
Administrative offenses include neglect of duty/non-feasance, irregularity in performance of duty, misconduct/malfeasance, incompetency, oppression, dishonesty, disloyalty to government, and violation of law. “Violation of Law” requires a final conviction in court of a crime or offense penalized under the Revised Penal Code or a special law/ordinance, and its classification depends on seriousness and gravity of the court-imposed penalty.