QuestionsQuestions (NPC MEMORANDUM CIRCULAR NO. 96-010)
It is issued to ensure guidance and uniformity in the conduct of summary hearings and to set policies and specific procedures for strict compliance in administrative proceedings involving PNP members under Sections 41 and 42 of RA 6975, covering the powers/duties/responsibilities of PNP disciplinary authorities and the administrative due process rights of both complainant and respondent.
A “complaint” is a written and sworn charge filed against a PNP member. An “answer” is the responsive pleading containing the respondent’s defenses.
Any offense committed by a PNP member involving and affecting order and discipline within the police organization.
Either (a) specified PNP authorities (Chief PNP, support unit directors, PNP regional directors, provincial/district directors, chiefs of police) through a complaint sheet supported by an investigation/official report, or (b) any person upon sworn and verified complaint with sworn statements of witnesses and other supporting evidence.
Full name and address of complainant; full name, rank, and assignment/station of respondent; and a clear narration of relevant and material facts showing the acts/omissions constituting the offense, with documentary evidence attached if any.
The complainant must certify under oath that no other action/proceeding involving the same issue has been filed with another forum; none is pending; status is disclosed if any exists; and if a similar case is later filed/pending elsewhere, it will be reported within five (5) days. Willful deliberate forum-shopping or a false certification is a basis to dismiss the complaint.
A preliminary inquiry/pre-charge investigation to determine jurisdiction, probable cause, or necessity of formal investigation. It is conducted by the Command/Unit Inspector upon directive of the Disciplinary Authority, and it must commence within three (3) days from receipt of the complaint, after which the Inspector submits a Report of Investigation to the Disciplinary Authority with recommendation.
Dismissal for lack of jurisdiction (and referral to the proper authority); dismissal for lack of probable cause; or order formal investigation upon finding of probable cause.
Preventive suspension may be imposed upon probable cause and recommendation, when the administrative charge is serious or when the charge is not serious but there is sufficient evidence that the respondent is harassing the complainant/witnesses. If not decided within ninety (90) days from preventive suspension, the respondent is automatically reinstated.
Exigency of service upon recommendation of immediate superior; after prosecution has rested its case; or failure to resolve within ninety (90) days.
Within five (5) days from receipt of the complaint, attaching pertinent documents/evidence supporting the defense.
He is deemed to have entered a plea of general denial of the charge.
The hearing must be terminated within five (5) successive working days from commencement. Postponement is not allowed except for meritorious grounds.
It is considered a waiver of his right to testify, and the hearing will proceed ex-parte. Because the proceedings are fact-finding, the hearing officer must still propound questions, interrogate witnesses, and examine material evidence to establish truth and arrive at a fair conclusion.
It is a sufficient ground to dismiss the complaint for failure to prosecute where culpability cannot be established without the complainant’s testimony; if culpability can be proven through other evidence, non-appearance is not grounds to terminate the proceedings.
Sworn statements/affidavits replace oral direct testimony subject to cross-examination. Cross-examination must be limited to material and relevant matters and (insofar as compatible with justice) to not more than fifteen (15) minutes per witness, while prolonged arguments and dilatory proceedings are not entertained.
Dismissal from service is immediately executory. Demotion in rank or forced resignation becomes final and executory after ten (10) days from receipt if no motion for reconsideration is filed within that period; only one motion is allowed, resolved within three (3) days. Also, if exonerated on appeal from a dismissal, the respondent is considered to have been under preventive suspension during appeal and entitled to back salaries/allowances.
New and material evidence discovered but not previously available; errors of law or prejudicial irregularities; findings of fact not supported by substantial evidence; or the penalty not commensurate to the offense.