Legal basis and referenced rules
- The Circular is anchored on Section 11, Article III of the 1987 Constitution.
- It is guided by Omnibus Rules Implementing Book V of EO 292.
- It is also guided by Civil Service Law, Rules and Regulations.
- It cites NAPOLCOM Memorandum Circular No. 95-017, NAPOLCOM Memorandum Circular No. 93-024, NAPOLCOM Memorandum Circular No. 96-010, and NAPOLCOM Memorandum Circular No. 99-006.
- It recognizes the Family Code of the Philippines and the Civil Code of the Philippines.
- It references DIDM Memorandum Circular No. 00-01 dated May 5, 2001.
- It implements and aligns with NAPOLCOM MC No. 96-010 for classification of certain acts.
Purpose and policy direction
- The Circular establishes guidelines to ensure speedy, impartial, inexpensive, and judicious Pre-Charge Investigation.
- The guidelines govern the classification of certain acts as Conduct Unbecoming of a Police Officer.
- The Circular states that it applies to all level of the PNP Units exercising Disciplinary Authority.
- The Circular directs adoption of a process consistent with the powers of the Directorate for Investigation and Detective Management (DIDM) over pre-charge investigation through general supervision over subordinate units/personnel.
Pre-charge investigation—complaints and filing
- Any complaining party must prepare a verified complaint and attach the affidavits of witnesses.
- The verified complaint is prepared by the complainant or the complainant’s Attorney.
- A legible copy of the verified complaint must be filed with the Pre-Charge Investigation Division (PCID) Docket Section or other equivalent investigative body of the PNP.
- The complaint must state the rank, name, and present unit assignment of the respondent.
- The complaint must state the acts and/or omissions complained of and must include the complainants’ full name, address, and contract telephone number.
- The complainant must be responsible to provide the PCID or equivalent investigative body with the copy of the complaint equivalent to the number of the respondent’s (as required for service/record copies in the process).
Anonymous complaints as investigation leads
- Anonymous letter/complaints do not comply with prescribed form but must be considered as investigation leads by the PCID, DIDM, or other equivalent investigative body.
- Information from anonymous complaints must be verified not only from persons, offices, or documents mentioned, but also from other sources where the truth may be inferred.
- If the veracity of allegations is verified—whether from sources mentioned or not—the Chief, PCID or other equivalent investigative body must:
- Execute the appropriate administrative complaint as nominal complainant; and/or
- Refer the case to the CIDG or other appropriate law enforcement office for investigation and/or filing of appropriate criminal action.
Notice to respondent and counter-affidavit
- The respondent must be apprised of the complaint filed against him/her.
- When practicable, summons must be served by handing a copy to the PCO, PNCO, or NUP concerned in person, with proof of receipt and signature.
- If the PCO/PNCO/NUP refuses to receive and sign, summons may be served by tendering it to him/her.
- If personal or substituted service cannot be done for justifiable causes, service may be made through substituted service by leaving a copy of the summons at the PCO/PNCO/NUP office or residence with a person of suitable age and discretion.
- Registered mail with return card may be availed of where personal or substituted service cannot be effected.
- Proof of service and the notice must form an integral part of the pre-charge investigation records.
- The notice/summons must include:
- a copy of the complaint and its pertinent documents; and
- a requirement that the respondent submits a counter-affidavit at the PCID, DIDM, National Headquarters Building, Camp Crame, Quezon City, or equivalent investigative body within ten (10) days from receipt of the complaint.
- The counting of the ten (10) days period is based on the date of actual receipt by the respondent.
- Failure to submit the counter-affidavit within the reglementary period constitutes a waiver, and the investigation proceeds ex parte.
Confrontation, mediation, and streamlined resolution
- The presence of the complainant and respondent before the investigator-on-case is not indispensable to pre-charge investigation.
- The investigator-on-case must endeavor to resolve the pre-charge investigation immediately based on the evidence submitted by the parties.
- The investigator may resolve without requiring presence except where a clarificatory confrontation is extremely necessary.
- Initial cases cognizable by the Women and Children Concerns Division of the DIDM or equivalent investigative body must resort to mediation before conducting pre-charge investigation.
Classification as conduct unbecoming of a police officer
- Willful and unjust failure to pay just debt, abandonment, and/or non-support must be treated and categorized as Conduct Unbecoming of a Police Officer.
- The classification applies regardless of how the acts are framed, so long as the acts constitute willful and unjust failure to pay just debt, and/or involve abandonment and/or non-support.
- NAPOLCOM MC No. 96-010 defines Conduct Unbecoming of a Police Officer as behavior or action of a policeman, in official or private/unofficial capacity, done in a manner that dishonors or disgraces him as a policeman or as a gentleman, indicating vitiated or corrupt moral character, compromising his position as a member of the PNP, and exhibiting moral unworthiness to remain in the police organization.
- Once classified as Conduct Unbecoming of a Police Officer, the imposable penalty therein shall apply.
Status, Presidential clearance, and approvals
- A PNP member is deemed to have a pending case against him/her once the designated SHO takes cognizance of the case after approval by the C, PNP that probable cause exists against the respondent.
- When the SHO takes cognizance, the SHO acquires jurisdiction over the case and the respondent.
- The pendency subsists from the date the SHO takes cognizance until final disposition.
- A Motion for Reconsideration filed by either party, or an Appeal filed by the respondent, precludes the Order/Decision of the Disciplinary Authority from attaining finality.
- A pending case subsists during the pendency of the motion for reconsideration and/or appeal.
- Pre-charge investigation against a Presidential Appointee may be conducted without securing the appropriate Presidential Clearance before pre-charge investigation.
- After determination of probable cause against a Presidential Appointee, a Presidential Clearance for the conduct of the administrative summary hearing must first be secured before summary proceedings commence.
SHO/Board recommendation review and PNP disciplinary scope
- The recommendation of the SHO/Board must be reviewed by the DIDM prior to approval by the C, PNP.
- The DIDM must guide the C, PNP in making a judicious decision or resolution based on the evidence in the records.
- The DIDM must apprise the C, PNP of matters at issue and advise on the merits of the case in accordance with existing laws, rules, and regulations governing the PNP.
- The DIDM may recommend the course of action to resolve the case for the C, PNP’s perusal and approval.
- The guidelines apply to administrative proceedings involving, among others, non-support, abandonment, and willful and unjustified non-payment of just debt, conducted by disciplinary authority including:
- Regional Directors
- Provincial Directors
- Municipal and/or City Chiefs of Police
- Station Commanders
Separability and repealing rule
- The Circular provides separability: if any part, section, or provision is declared invalid or unconstitutional, the remaining parts not affected remain valid.