PNP admin/disciplinary case functions circular

Legal basis and referenced rules

The Circular is anchored on Sections 41(b)(3) and 42 of RA No. 6975, as amended by Sections 52 and 53 of RA No. 8551.
It is also anchored on Section 26 of RA No. 6975.
It incorporates NAPOLCOM Memorandum Circular (NMC) No. 2007-001, which provides the Uniform Rules of Procedure before Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police.
It aligns with the Revised Uniform Rules in the Disposition of Administrative Cases in the Civil Service (Revised URACCS [CSC Resolution No. 991936]).
It is guided by Supreme Court decisions on administrative cases.
It references LOI Patnubay II.

Purpose and policy objectives

The Circular requires the clear definition and delineation of functions of PNP directorates/offices involved in disposing administrative/disciplinary cases.
It aims to avoid overlapping or duplication of functions.
It aims to improve coordination and feedback mechanisms within PNP discipline processes.
It targets the expeditious administration of discipline within PNP ranks while maintaining due process of law requirements.

Coverage, persons, and venue rules

The Circular governs the disposition of information/reports and administrative complaints filed or received against uniformed and non-uniformed personnel of the PNP.
It covers administration of discipline processes for administrative complaints and cases against PNP members through designated disciplinary authorities.
It provides that administrative complaints or cases must be filed before the Disciplinary Authority or IAS having territorial jurisdiction where the offense was committed.
It provides an exception for citizen’s complaints falling under Rule 3 Section 1(d) of NAPOLCOM Memorandum Circular No. 2007-001.
It applies through functional coordination among the offices handling case initiation, pre-charge evaluation, summary hearing, internal affairs investigation, and legal review.

Core definitions and procedural concepts

Appellate Authorities include the Regional Appellate Board (RAB), National Appellate Board (NAB), the Secretary of the Department of the Interior and Local Governments for decisions of NAB and RAB, and the Civil Service Commission for summary dismissal proceedings instituted before the National Police Commission en banc.
Motion for Reconsideration is an application submitted to the Disciplinary Authority to set aside or modify a decision within ten (10) days from receipt, based on newly discovered evidence materially affecting the decision or errors of law/irregularities prejudicial to substantial rights.
Notice of Appeal is a written notification filed with the Disciplinary Authority that rendered an adverse decision, elevating the case to the applicable appellate body, and it must state material dates showing timeliness, with a copy furnished to the other party and the appellate body.
PNP Disciplinary Authorities include the Chiefs of Police/equivalent supervisors, Provincial Directors/equivalent supervisors, Regional Directors/equivalent supervisors, Chief, PNP, and the NAPOLCOM en banc.
Pre-Charge Evaluation is a process to determine probable cause based on allegations and supporting evidence.
Probable Cause means facts and circumstances that would excite a belief in a reasonable mind that the PNP member is liable for the administrative offense to be investigated.
Summary Dismissal Case is where the maximum penalty is dismissal from the service and the offense falls under: serious charge with strong evidence of guilt, recidivism or repeated charges with reasonable grounds to believe guilt, serious offense involving conduct unbecoming of a police officer, or continuous absence without official leave (AWOL) of 30 days or more, with a specific exclusion: when dropping from the rolls is used as the mode of separation, the police officer can no longer be charged for Serious Neglect of Duty arising from AWOL, and vice versa.
For PNP Non-Uniformed Personnel, Finality of Decision occurs after lapse of fifteen (15) working days without motion or appeal.
For PNP Non-Uniformed Personnel, Motion for Reconsideration must be grounded on newly discovered evidence, a decision not supported by evidence on record, or errors of law/irregularities prejudicial to substantial rights.
For PNP Non-Uniformed Personnel, Preliminary Investigation includes ex-parte examination of records and documents from complainant and respondent, plus readily available documents from other government offices; the parties are allowed affidavits and counter-affidavits, and failure to submit a counter-affidavit is treated as a waiver; if needed, a conference may be conducted; thereafter, the disciplining authority determines whether a prima facie case exists to issue a formal charge; fact-finding investigation may be conducted further or prior, and a preliminary investigation necessarily includes a fact-finding investigation.
Prima Facie Case is a quantum of proof greater than probable cause that, if unexplained or uncontradicted, is sufficient to sustain prosecution or establish facts warranting conviction.
Common defined instruments include: Complaint (written and sworn statement of wrong/grievance/injury), Complaint Sheet (clear, simple, concise complaint form with required contents including complainant/respondent details, narrated material facts, certified true copies of documentary evidence and affidavits of complainant’s witnesses if any, and certification/statement of non-forum shopping), Charge Sheet (written information with specific allegations constituting the offense charged), Decision (written disposition signed by the Disciplining Authority stating findings of fact and applicable legal provisions), Information/Reports (information/reports including accounts from tri-media, texts, and other sources), Nominal Complainant (initiates complaint as active prosecutor representing Disciplinary Authorities), Private Complainant (initiates complaint as complaining witness(es)), Public Complainant (initiates complaint as concerned government agency/office), Proof of Service (process server evidence of furnishing parties with the decision/resolution), Respondent (PNP personnel formally charged by the Disciplining Authority), Sensational Case (widely-publicized case involving PNP personnel intended to arouse strong curiosity/interest/reaction through exaggerated or lurid details), Summary Hearing Officer or Board (designated representative(s) who hear/carry out proceedings, receive/evaluate evidence, and prepare a report for reconsideration), Summary Administrative Proceedings (due process-consistent proceedings to determine culpability or innocence), and Venue (territorial filing before the Disciplinary Authority or IAS where the offense was committed, subject to the citizen’s complaint exception).

DIDM/RIDMD, DPRM/RPHRDD core functions

The DIDM / RIDMD (or equivalent in the NSU) must initiate investigation and evaluation of information/reports, particularly sensational cases involving PNP personnel and Third Level Officers (PSSUPT and above), in close coordination with the IAS/RIAS.
The DIDM/RIDMD must receive and act on all complaints against PNP personnel and conduct pre-charge evaluation as warranted under the cited NAPOLCOM rules and Revised URACCS procedures.
The DIDM/RIDMD must initiate filing of administrative cases against personnel for acts/omissions punishable by the Revised Penal Code and Special Laws, consistent with the cross-referenced provision on initiation and filing.
When probable cause is established, the DIDM/RIDMD must transmit the complete records to the DPRM (or counterpart in the PROs or NSUs) for Summary Hearing, and the venue of the summary hearing must be indicated in the PCE report when PCE was conducted by the DIDM itself.
The DIDM/RIDMD must recommend appropriate actions such as issuance of preventive suspension, restrictive custody, or filing of criminal cases against erring PNP personnel.
The DIDM/RIDMD must actively prosecute administrative cases forwarded to the summary hearing process, including appearing for the prosecution in all stages of the summary administrative procedure for grave and sensational cases.
The DIDM/RIDMD must supervise Court Process Officers (CPO) responsible for serving notices, subpoenas, and other legal processes and ensuring timely delivery to the parties.
The DIDM/RIDMD must initiate appellate actions for and on behalf of PNP against adverse decisions from appellate bodies including the RAB, NAB, SILG, and CSC.

Summary Hearing, docketing, MR/appeals, records

The DPRM / RPHRDD (or equivalent in the NSU) must, upon receipt of the pre-charge evaluation report and complete records, enter the case into its official docket by stamping the face of the report/complaint with the time and date of receipt and assigning an administrative case number, and the PCE docket number must not be omitted for monitoring.
The DPRM/RPHRDD must inform the DIDM/RIDMD (or equivalent) of pending cases and the PNP unit where the respondent is assigned.
The DPRM/RPHRDD must ensure timely disposition of cases through summary administrative proceedings and monitor the progress of each case.
The DPRM/RPHRDD must call the attention of the Summary Hearing Officer (SHO) if needed to resolve the designated case within the prescribed period.
The DPRM/RPHRDD must report SHOs who fail to resolve designated cases beyond the prescribed period without justifiable reasons to the DLOD (or its counterpart) for PCE.
The DPRM/RPHRDD must transmit the report of summary hearing to the Disciplinary Authority concerned with complete case records.
The DPRM/RPHRDD must resolve Motions for Reconsideration or appeals as applicable and submit recommendations to the Disciplinary Authority, and it must furnish DIDM with the MR/Appeal for comment or opposition before resolution.
The DPRM/RPHRDD must furnish offices concerned a copy of the order implementing the decision and require submission of a report on action taken on the order.
The DPRM/RPHRDD must initiate and dispose termination of cases against PNP personnel in temporary appointment status.
The DPRM/RPHRDD must maintain a pool of qualified SHOs and conduct quarterly training to develop skills in summary hearing and refresh knowledge on amended/new laws, rules, regulations, and current Supreme Court jurisprudence on administrative cases.
The DPRM/RPHRDD must act as repository of records and implementer of decisions rendered by the Disciplinary Authority.
The DPRM/RPHRDD must issue Clearance of Non-Pending Case to PNP personnel applying for leave abroad; UN mission; personal loan; promotion; transfer to other units; retirement, and resignation.
The clearance process also extends to issuance of clearance to any public or private personality requesting verification, when deemed appropriate, of the good standing of any PNP personnel on records subject for scrutiny.
The DPRM/RPHRDD must ensure efficient discharge of its functions through formulation of detailed or specific policy and procedures consistent with the cited NMC 2007-001, Revised URACCS, and other issuances.
The DPRM/RPHRDD must act as repository of all administrative cases involving PNP personnel and perform other functions as may be required.

Internal Affairs and legal support functions

The NHQ or Regional Internal Affairs Service (IAS/RIAS) must initiate necessary investigation under its motu proprio mandate.
The IAS/RIAS must investigate complaints and gather evidence to support an open investigation in coordination with DIDM/RIDMD.
The IAS/RIAS must conduct summary hearings on PNP members facing administrative charges.
The IAS/RIAS must submit periodic reports on assessment, analysis, and evaluation of the character and behavior of PNP personnel and units to the Chief, PNP and the Commission.
The IAS/RIAS must file appropriate criminal cases against PNP members in court when evidence warrants and assist in prosecution.
The IAS/RIAS must provide assistance to the Office of the Ombudsman in cases involving PNP personnel.
The NHQ or PRO Legal Service / Legal Officer (NSU) must act on referrals from the DPRM/RPHRDD (or equivalent in the NSU) on draft decisions prepared by designated SHOs, but only on matters involving the application of laws, rules, and regulations.
The NHQ/PRO Legal Service must also act on referrals or instructions made by members of the Command Group or the Disciplinary Authority concerned.
The NHQ/PRO Legal Service must perform other functions as may be required.

Repeal and inconsistency rule

All PNP issuances contrary to or inconsistent with PNP Memorandum Circular No. 2010-021 are amended or repealed accordingly.