Purpose and Scope
- Provides guidelines for the speedy, impartial, inexpensive, and judicious conduct of Pre-Charge Investigations.
- Applies to all Philippine National Police (PNP) units exercising disciplinary authority.
- Includes classification of certain acts as Conduct Unbecoming of a Police Officer.
Pre-Charge Investigation Procedures
- The Directorate for Investigation and Detective Management (DIDM) exercises general supervision over pre-charge investigations.
- Verified complaints must be prepared by the complainant or their attorney, indicating respondent's details and acts/omissions.
- Complaints are filed with the Pre-Charge Investigation Division (PCID) or equivalent PNP investigative body.
Handling of Complaints
Complaint:
- Must include the rank, name, present unit of respondent, acts or omissions alleged.
- Complainant's full contact details required.
- Sufficient complaint copies for respondents must be provided.
Anonymous Complaints:
- Treated as investigative leads only.
- Verification from multiple sources is necessary.
- Verified anonymous complaints may lead the PCID to file complaints or refer to appropriate law enforcement.
Notification and Service to Respondent
- Respondent to be formally notified; service of summons can be personal, substituted, or by registered mail.
- Notices must include the complaint and pertinent documents.
- Respondent required to submit a counter-affidavit within 10 days of receipt.
- Failure to submit counter-affidavit results in a waiver, allowing ex parte proceedings.
Confrontation Rules
- Physical presence of complainant and respondent is not mandatory.
- Investigations primarily based on submitted evidence.
- Clarificatory confrontations reserved for necessary cases, notably those involving Women and Children Concerns Division.
- Intended to reduce cost, harassment, and frivolous lodging of complaints.
Classification of Offenses: Conduct Unbecoming of a Police Officer
- Willful failure to pay just debt, abandonment, and non-support are categorized as Conduct Unbecoming.
- Defined as behavior dishonoring or disgracing a police officer in both official and private capacities.
- Such classification leads to the application of appropriate penalties under existing rules.
Status of Administrative Cases
- A case is deemed pending once the Station Hearing Officer (SHO) accepts it post approval by the Chief, PNP confirming probable cause.
- Pending status continues until final disposal, including during motions for reconsideration or appeals.
- For Presidential Appointees: Pre-charge investigation can proceed without Presidential Clearance, but clearance must be secured before the summary hearing after establishing probable cause.
Review and Recommendation Process
- SHO or Hearing Board's recommendations are reviewed by DIDM before approval by Chief, PNP.
- DIDM guides the Chief, PNP on merits and recommended course of action based on the evidence.
Final Provisions
- The guidelines apply to all administrative proceedings including issues of non-support, abandonment, and willful non-payment.
- If any provision is declared invalid, remaining provisions stay effective.
- The guidelines take effect immediately upon approval.