Question & AnswerQ&A (NPC MEMORANDUM CIRCULAR NO. 96-010)
The purpose is to ensure guidance and uniformity in the conduct of summary hearings and to set forth policies and specific procedures for strict compliance in administrative proceedings involving PNP members under Republic Act No. 6975.
A complaint is a written and sworn charge filed against a respondent PNP member.
Complainants can be (a) private complainants—any person who suffered injury or harm due to acts of a PNP member, or (b) nominal complainants—any PNP officer required to file charges by reason of office or position.
A recidivist is a PNP member previously penalized for an offense involving at least three months suspension or demotion or previously convicted for a crime with arresto mayor or higher, even if the current or previous offenses are not under the same Revised Penal Code title.
Summary dismissal can be based on serious charges with strong evidence (including heinous crimes and crimes by organized groups), the respondent being a recidivist or repeatedly charged with grave offenses, or for conduct unbecoming of a police officer.
Jurisdiction depends on the rank of the PNP Disciplinary Authority: Chiefs of Police handle minor penalties, Provincial Directors can impose suspension up to 30 days, Regional Directors and higher can impose penalties up to 60 days including dismissal and demotion.
Within three days of receiving a complaint, the Command/Unit Inspector conducts a preliminary inquiry, summons parties and witnesses, and submits a report recommending dismissal for lack of jurisdiction or probable cause, or to proceed to formal investigation.
Preventive suspension may be ordered if the charge is serious or if the respondent is harassing complainants or witnesses, pending formal investigation. The suspension automatically ends after 90 days if no decision is rendered.
Once probable cause is found, the respondent is served with the complaint and given 5 days to answer. The hearing is conducted within 5 working days, can be ex-parte if the respondent fails to appear, relies on affidavits subject to cross-examination, and is concluded within 5 working days.
Appeals can be based on newly discovered material evidence, errors of law or irregularities prejudicial to appellant rights, findings not supported by substantial evidence, or penalties not commensurate with the offense.