Legal basis and governing framework
- Republic Act No. 6975 provides the legal basis for the administrative disciplinary machinery for PNPA cadets through Sections 66, 67 and 68.
- Republic Act No. 8551 amends Republic Act No. 6975 (as referenced for the same legal basis).
- The Circular operates in line with institutional rules embodied in PPSC Operations Manual (Section 6, Rule IV) and PPSC Education and Training Code (Rule X).
- Administrative investigations and adjudications under the Circular must follow the procedures and rules it establishes for PNPA cadets.
Purpose, scope, and coverage
- The purpose is to ensure uniformity in the conduct of investigation and disposition of administrative cases against erring PNPA cadets.
- The rules delineate the organization, jurisdiction, powers, duties and procedures for investigating and adjudicating cases against PNPA cadets.
- The disciplinary machinery is titled “PNPA Disciplinary Machinery.”
Key definitions for offenses
- An Administrative Offense is an act or omission for which a cadet may be administratively charged, including misconduct, violation of law, neglect of duty, irregularity in the performance of duty, incompetence, oppression, dishonesty, and disloyalty to the government.
- A Serious Infraction of PNPA Rules and Regulations is an act or acts in violation of the PNPA Cadet Guide punishable by commensurate penalty, including dismissal from the Academy, and includes the following:
- Violation of the Honor Code, including cheating, stealing, lying, or tolerating the violation of the Honor Code.
- Unauthorized possession of firearms, ammunitions, explosives and other forms of deadly weapon.
- Conduct unbecoming of an officer or acts inimical or prejudicial to good order and discipline.
- Engaging in any form of gambling inside camp.
- Exceeding maximum allowable demerits.
- Gross insubordination.
- Habituality or recidivism.
- Drinking alcoholic beverages or liquor.
- Possessing, using, or pushing of dangerous drugs.
- Unauthorized absence or neglect of assigned duties.
- Causing physical injury to another.
- Causing damage or destruction to any government facility or property.
- Absence Without Official Leave (AWOL), cutting classes, malingering, violation of restriction orders.
- Unauthorized presence in off limits or restricted areas.
- Other analogous offenses that the Director or Commandant may determine.
- A Command Inspector is the officer in charge of the Inspectorate and Internal Affairs Office of the PNPA.
Disciplinary authority and penalties
- The Director, PNPA is the summary disciplinary authority over all cadets of the PNPA.
- The decisions or orders of the Director, PNPA involving suspension or dismissal are appealable to the President, Philippine Public Safety College (PPSC).
- The Director, PNPA may impose the following penalties: admonition, reprimand, restriction to specified limits, withholding of privileges, suspension, or dismissal from the Academy.
Initiation and pre-charge investigation
- All proceedings must begin with a verified written complaint signed by the complainant or a duly authorized representative against any cadet(s) believed responsible, or with a Delinquency Report signed by competent authority.
- A Complaint or Delinquency Report must be clear, simple, brief and concise, and must contain:
- the name of the respondent cadet,
- the rank,
- the address,
- the designation of the violation or infraction complained of,
- the place, date and time of commission, and
- a brief statement of relevant and material facts.
- Complaints and delinquency reports involving administrative offenses or serious infraction of PNPA rules are filed with the Office of the Director, PNPA.
- After filing, the Director, PNPA must direct the Command Inspector to conduct the pre-charge investigation.
- Within two (2) days from receipt, the Command Inspector conducts a preliminary inquiry where:
- complainant(s), respondent(s), and witnesses (if any) are notified and summoned to appear;
- the respondent(s) are furnished with a copy of the complaint/charges, witness affidavits, and pertinent documents; and
- the respondent(s) are ordered to submit an Explanation with supporting documents within three (3) days from receipt.
- No extension is allowed to file the Explanation.
- If the respondent(s) fails, despite due notice, to appear or to submit the Explanation within the prescribed period, the investigation proceeds ex-parte.
- During preliminary inquiry, the complainant may identify the respondent(s).
- Within two (2) days after preliminary inquiry, the Command Inspector submits a Report of the investigation to the Director, PNPA with a recommendation to:
- dismiss for lack of jurisdiction and refer to the proper disciplinary authority,
- impose demerit if the offense is not serious,
- dismiss for lack of probable cause, or
- order formal investigation if probable cause exists.
- Upon approval by the Director, PNPA of the recommendation to conduct a formal investigation, the case is immediately referred to the Summary Hearing Officer (SHO) for a summary hearing.
Summary hearing procedures and evidence handling
- Within one (1) day from receipt of the case record, the SHO must furnish the respondent a copy of the complaint/charges, including witness affidavits and other documents submitted (if any), and direct the respondent to submit:
- an answer or counter-affidavit, or
- to affirm the previously submitted explanation,
- within five (5) days from receipt,
- attaching pertinent documents/evidence for the defense.
- If the respondent fails or refuses to file an answer or counter-affidavit within the allowed period, the respondent is deemed to have entered a plea of general denial.
- The hearing must be conducted within twenty-four (24) hours after receipt of the respondent’s answer or expiration of the period to answer.
- The hearing must be finished not beyond five (5) successive days from its commencement.
- If the respondent, despite due notice, fails to appear during the scheduled hearing, the failure is a waiver of the right to testify, and the SHO conducts the hearing ex-parte.
- The SHO must profound questions, interrogate witnesses, and examine material and relevant evidence to establish truth and reach a fair, just, and adequate conclusion.
- Within five (5) days from termination of the hearing, the SHO submits a report or evaluation to the Summary Disciplinary Authority (SDA).
- Failure of the complainant to appear, despite due notice, is a sufficient ground to dismiss the complaint for failure to prosecute when culpability cannot be established without the complainant’s testimony.
- If culpability can be proved by evidence other than the complainant’s testimony, the complainant’s non-appearance does not end the proceedings.
- Because the hearing is summary in nature:
- direct examination of witnesses is dispensed with,
- sworn statements or affidavits serve as direct testimony subject to cross-examination,
- cross-examination must be limited to material and relevant matter, and
- cross-examination is limited to not more than fifteen (15) minutes for each witness.
- Either party may avail the services of a counsel of his choice.
- Parties and witnesses are summoned to appear on the scheduled date for summary hearing.
- Postponement of hearing is not allowed, except on meritorious grounds.
Decision, service, finality, and reconsideration
- The Director, PNPA must render a written decision personally signed by him within five (5) days from receipt of the SHO’s report or evaluation.
- The decision must contain:
- names of the parties,
- the offense charged,
- a brief statement of material and relevant facts,
- findings and conclusion,
- the applicable laws and rules/regulations obtaining in the case, and
- the disposition.
- The decision must be served:
- personally to both complainant and respondent wherever they may be found, or
- by registered mail with return card at their last known address,
- within two (2) days from rendition.
- Proof of service must be attached to the records to determine jurisdiction on appeal.
- The Director’s decision is final and executory if no appeal or motion for reconsideration is perfected or filed within the reglementary period to appeal.
Motions for reconsideration and appeal
- A motion for reconsideration may be filed by either party within the period to appeal the Director’s decision.
- Only one (1) motion for reconsideration is allowed.
- The motion for reconsideration must be resolved within two (2) days from filing.
- Grounds for motion for reconsideration or appeal for the respondent include:
- discovery of new evidence materially affecting the decision,
- the decision is not supported by evidence on record,
- errors of law or irregularities prejudicial to the movant,
- the penalty imposed is not commensurate to the offense committed.
- The President, PPSC has appellate jurisdiction over Director decisions imposing suspension from training or dismissal from the Academy.
- An appeal is perfected by filing and serving on the Director, PNPA a notice of appeal within three (3) days from receipt of the decision/resolution subject of appeal.
- Within forty-eight (48) hours from receipt of the notice of appeal, the Director must forward the numbered and initialed records and properly marked exhibits, including the summary record of proceedings, to the Office of the President, PPSC.
- Position paper or record on appeal or memorandum may be filed by the appellant.
- The President, PPSC must decide the appeal within ten (10) days after receipt of the entire records of the case from the Director.
- The President’s decision/resolution/order on appeal is final and executory, unless a timely motion for reconsideration is filed within three (3) days from receipt by the appellant.
- Only one (1) motion for reconsideration is allowed in the President’s office, and it must be resolved within five (5) days from receipt thereof.
- All parties must be furnished with a copy of the President, PPSC’s decision/resolution/order.
Final provisions: repeal, separability, effectivity
- Inconsistent rules and issuances, or portions thereof, are repealed or modified accordingly.
- If any provision is declared illegal, the validity of the other provisions remains unaffected.
- The Rules take effect upon approval by the Board of Trustees.