Law Summary
Purpose of the Circular
- Clearly define and delineate functions of offices/directorates in administrative/disciplinary case disposition against PNP members.
- Avoid function overlap or duplication.
- Improve coordination and feedback mechanisms.
- Ensure expeditious discipline administration while observing due process.
Scope of Application
- Applies to disposition of information, reports, and administrative complaints against both uniformed and non-uniformed PNP personnel.
Definitions: Terms for PNP Uniformed Personnel
- Appellate Authorities: Regional and National Appellate Boards, Secretary of the DILG, Civil Service Commission in summary dismissal cases.
- Motion for Reconsideration: Request to set aside or modify decisions based on newly discovered evidence or errors of law within 10 days.
- Notice of Appeal: Written notification to elevate case for appellate review including timelines and grounds.
- PNP Disciplinary Authorities: Supervisors from Chiefs of Police to NAPOLCOM en banc.
- Pre-Charge Evaluation (PCE): Determination of probable cause based on complaint allegations and evidence.
- Probable Cause: Reasonable belief based on facts that the accused is liable.
- Summary Dismissal Case: Cases with dismissal as maximum penalty, involving strong evidence or serious offenses such as repeated charges, conduct unbecoming, or absence without official leave for 30+ days.
Definitions: Terms for PNP Non-Uniformed Personnel
- Finality of Decision: Decision final after 15 working days without motion or appeal.
- Motion for Reconsideration: Based on newly discovered evidence, lack of evidence, or legal errors.
- Notice of Appeal: Notification for appeal filed with disciplinary authority including grounds and timeline.
- Preliminary Investigation: Ex-parte examination of records and documents, allowing submission of affidavits and conference for clarification.
- Prima Facie Case: Quantum of proof sufficient to sustain prosecution or establish facts overcoming presumption of innocence.
Common Definitions
- Complaint: Written sworn statement outlining grievance against a PNP member.
- Complaint Sheet: Detailed complaint form including personal identities, facts, evidence, and certifications.
- Charge Sheet: Written document detailing specific allegations.
- Decision: Written findings and dispositions by disciplinary authority.
- Information/Reports: Various sources of information including media accounts.
- Nominal Complainant: Initiates complaint as active prosecutor representing disciplinary authorities.
- Private Complainant: Initiates complaint as private witness.
- Proof of Service: Evidence that parties were served with decisions or notices.
- Public Complainant: Government agency or office complaining party.
- Respondent: PNP personnel formally charged.
- Sensational Case: Widely publicized and often exaggerated cases involving PNP personnel.
- Summary Hearing Officer (SHO)/Board: Person(s) conducting administrative hearings and preparing reports.
- Summary Administrative Proceedings: Administrative process consistent with due process.
- Venue: Jurisdiction based on territorial location of the offense.
Delineation of Functions: DIDM or RIDMD (NSU Equivalent)
- Investigate and evaluate complaints especially sensational cases and cases involving senior officers.
- Receive complaints, conduct pre-charge evaluations per applicable rules.
- Initiate filing of administrative cases for offenses under special laws and Penal Code provisions.
- Transmit case records to DPRM or counterpart for summary hearings upon probable cause.
- Recommend preventive suspension, restrictive custody, or criminal filing.
- Prosecute cases, especially grave/sensational ones, at summary hearings.
- Supervise Court Process Officers ensuring timely service of legal documents.
- Initiate appellate actions for adverse decisions.
- Perform additional required functions.
Delineation of Functions: DPRM or RPHRDD (NSU Equivalent)
- Docket cases and assign administrative case numbers upon receipt of PCE reports.
- Inform relevant offices of pending cases and monitor timely disposition.
- Call attention or report SHOs failing to resolve cases on time.
- Transmit hearing reports and complete case records to disciplinary authorities.
- Resolve motions for reconsideration/appeals and provide recommendations.
- Distribute implementation orders and monitor compliance.
- Initiate and dispose cases involving temporary appointees.
- Maintain pool of trained SHOs and conduct quarterly training.
- Act as repository of administrative case records.
- Issue clearance of non-pending cases for various personnel purposes.
- Formulate procedural policies in line with applicable rules.
Delineation of Functions: NHQ or Regional Internal Affairs Service (RIAS)
- Conduct motu proprio investigations.
- Investigate and gather evidence in coordination with DIDM/RIDMD.
- Conduct summary hearings on administrative charges.
- Submit periodic reports on character and behavior assessments of personnel.
- File criminal cases as warranted and assist prosecution.
- Provide assistance to the Office of the Ombudsman in related cases.
Delineation of Functions: NHQ or PRO Legal Service and NSU Legal Officer
- Act on referrals from DPRM or RPHRDD regarding draft decisions involving legal issues.
- Respond to directives from command or disciplinary authorities.
- Perform other necessary legal functions.
Repealing Clause
- All PNP issuances inconsistent with this Circular are amended or repealed.
Effectivity
- Circular takes effect 15 days after filing with the University of the Philippines Law Center in accordance with EO 292.