Title
Supreme Court
PNP admin/disciplinary case functions circular
Law
Pnp Memorandum Circular No. 2010-021
Decision Date
Nov 3, 2010
The PNP Memorandum Circular No. 2010-021 establishes clear roles and procedures for the investigation and resolution of administrative and disciplinary cases against Philippine National Police personnel, ensuring efficient coordination and adherence to due process.

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.

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