Law Summary
Rationale
- Absence of standardized guidelines and procedures for monitoring and tracking administrative complaints and cases in Philippine National Police - Internal Affairs Service (PNP-IAS).
- Different IAS offices use varied reporting formats without standard reference or docket number assignments.
Purpose
- Provide standardized guidelines for monitoring and tracking all administrative complaints and cases filed before IAS.
- Establish a transparent, reliable repository of information and data.
- Use uniform monitoring forms designed by the Planning and Research Division (PRO).
- Facilitate analysis and evaluation of PNP personnel character and behavior.
- Support submission of substantiated reports to Chief, PNP and NAPOLCOM.
Definition of Terms
- Analysis: Breaking down information into manageable forms.
- Assessment: Estimating value or worth.
- Behavior: Actions, conduct, and performance of police personnel.
- Breach of Internal Discipline: Offenses affecting police order and discipline.
- Character: Personality, moral fiber, nature.
- Complaint: Written and sworn statement on wrong or grievance with evidentiary support and Certificate of Non-forum Shopping.
- Decision: Written case disposition by Disciplinary Authority with findings, laws, and conclusions.
- Evaluation: Measuring impact by comparing conditions.
- Motu-Proprio Investigation: IAS-initiated investigation based on incident facts.
- Non-Motu Proprio Investigation: Investigation from citizen complaints, correspondence, or anonymous letters.
- Penalty Imposed: Sanctions including withholding privileges, restriction, custody, forfeiture, suspension, demotion, dismissal.
- PNP Personnel: Organic members, uniformed or non-uniformed.
- Pre-Charge Evaluation: Assess probable cause from complaint and evidence.
- Types of Offenses: Includes Neglect, Irregularity, Misconduct, Incompetency, Oppression, Dishonesty, Disloyalty, Violation of Law, each with specific meanings and examples described.
Guidelines and Procedures
- Four monitoring forms:
- FORM A (Motu-Proprio Investigation)
- FORM B (Non-Motu Proprio Investigation)
- FORM C (Case Monitoring)
- FORM D (Appeals Monitoring)
- All IAS offices must use these forms for monitoring and submit reports monthly, quarterly, and annually in hard and soft copies.
- Reporting deadlines set for various periods with specific submission format for emails.
- Data correctness is mandated; misrepresentation triggers formal explanation or Pre-Charge Evaluation.
- Standardized numbering system for:
- REFERENCE NUMBER (11 digits/letters) for initial complaint or motu-proprio investigations.
- PCE NUMBER (14 digits/letters) for Pre-Charge Evaluation assignments.
- DOCKET NUMBER (16 digits/letters) for formal administrative case charges.
- Number codes indicate region, province, investigation type, year, and sequential tracking.
- Transfer of venue requires new docket numbers with original unit indicated.
- Classification of offenses by:
- Nature (Grave, Less Grave, Simple)
- Type (Misconduct, Irregularities, Neglect, Incompetency, Oppression, Dishonesty, Disloyalty)
- Specific offenses enumerated under rules.
- Handling of cases:
- Dropped and Closed (evaluation phase only)
- Case Dismissed (after summary hearing)
- Appeals pertain to complaints dropped and closed.
Penalty Clause
- Violations by IAS personnel in regard to this Circular lead to Pre-Charge Evaluation and/or investigation.
- Possible charges filed as per NMC 2007-001, Revised Rules on Administrative Cases in Civil Service, and other laws.
- Failure to submit required reports results in suspension of Monthly Operational and Other Expenses (MOOE).
- Persistent non-compliance is subject to appropriate disciplinary actions.
Repealing Clause
- All IAS issuances inconsistent with this Circular are repealed or amended.
Effectivity
- The Circular takes effect 10 days after filing at the University of the Philippines Law Center as per Administrative Code of 1987 provisions.