Question & AnswerQ&A (NAPOLCOM MEMORANDUM CIRCULAR NO. 2002-13)
The IAS is a unit created under Section 39 of RA No. 8551 (Philippine National Police Reform and Reorganization Act of 1998) with the authority to investigate complaints against uniformed PNP personnel, conduct summary hearings on administrative charges, and initiate motu proprio investigations in specific cases.
Administrative due process is the right of a party to receive notice and a hearing to present evidence and defend themselves before adverse action is taken; essentially, the opportunity to be heard.
IAS shall conduct motu proprio investigations in incidents where police personnel discharge firearms; death, serious injury, or human rights violations occur during police operations; evidence is compromised or lost; a suspect in custody is seriously injured; engagement rules are violated; or to determine supervisory lapses.
A complaint must be in writing, sworn to by the complainant, contain full names and details of the parties, and a clear narration of facts showing the offense. It must be accompanied by affidavits and supporting documents, including a certification against forum shopping.
Filing multiple complaints for the same cause of action before different disciplinary authorities is prohibited. Complainants must certify under oath they have not commenced or filed other proceedings related to the same matter, and failure to do so may result in dismissal.
Complaints involving IAS-cognizable offenses are filed at the national, regional, provincial/city office where the offense occurred. Transfer of venue within the same region requires regional IAS approval, while transfers outside the region require national IAS approval.
Upon receiving a complaint, IAS must notify the respondent within 3 days, giving 5 days to file an answer. An evaluation for probable cause is done within 5 working days. Provincial and city IAS offices forward reports to regional IAS for automatic review within 3 days. Appeals from dismissal must be filed within 15 days, with resolution in 10 days.
Failure to submit a counter-affidavit will be considered a general denial of the charge, and the complaint will be deemed submitted for resolution based on the evidence on record.
Hearings are summary and informal but must comply with administrative due process. Summons are issued within 3 days with 5 days to answer. No motions to dismiss or for bills of particulars are entertained. The process includes a pre-hearing conference to simplify issues and a hearing proper possibly lasting up to 30 days.
Penalties include suspension, demotion/forced resignation, and dismissal. Administrative offenses are classified as light, less grave, and grave based on seriousness. Dishonesty, disloyalty, oppression, and incompetency are always considered grave offenses.
Mitigating circumstances include physical illness, good faith, length of government service, and similar factors. Aggravating circumstances include abuse of official position, undue advantage over subordinates, unauthorized disclosure of confidential information, habitual offenses, and offenses committed during work hours or premises.
Preventive suspension may be recommended during formal hearings if charges are serious and evidence strong or if the respondent is intimidating complainants or witnesses. It lasts up to 90 days, after which automatic reinstatement occurs if no resolution is reached.
Retirement does not affect pendency or payment of retirement benefits, which are subject to the case's final adjudication. Death terminates proceedings and results in exoneration upon submission of a death certificate.
Appeals may be filed against dismissal for lack of probable cause or decisions by IAS offices. Grounds include newly discovered evidence, errors of law, lack of substantial evidence, or harsh penalties. Appeals must be filed within 10 days from receipt and decided within 60 days by the appropriate appellate board.