Title
PNP Internal Affairs Administrative Rules
Law
Napolcom Memorandum Circular No. 2002-13
Decision Date
Dec 11, 2002
The NAPOLCOM Memorandum Circular No. 2002-13 establishes the procedural rules for investigating and resolving administrative complaints against uniformed personnel of the Philippine National Police, ensuring due process and uniformity in handling such cases through the Internal Affairs Service.

Law Summary

Purpose of the Rules of Procedure

  • To ensure uniformity in complaint investigation processes.
  • To uphold administrative due process for all parties involved.
  • The rules prescribed provide guidelines on investigations, hearings, administrative offenses, penalties, and procedural safeguards.

Definitions of Key Terms

  • Includes terms such as Administrative Due Process, Affidavit, Answer, Breach of Internal Discipline, Complaint, Decision, Exoneration, Motu Proprio Investigation, Probable Cause, Summary Hearing, Venue, and others.
  • Definitions clarify procedural and substantive concepts critical to administrative investigations and hearings.

Venue of Complaints

  • Complaints are filed where the offense occurred (national, regional, provincial, or city office).
  • Transfer of venue within the same region approved by regional IAS; transfers outside the region require national IAS approval.

Prohibition of Forum Shopping

  • Complainants must certify under oath that no similar complaints are filed in other disciplinary forums.
  • Must report if any similar suits are pending elsewhere within five days of discovery.
  • Willful forum shopping or false certification may result in dismissal of the complaint.

Pre-Charge Investigation

  • Required for all complaints except those already supported by formal affidavits and evidence.
  • Formal complaints with affidavits are forwarded immediately for formal hearings.

Investigation of Presidential Appointees

  • Complaints against Senior Superintendent and higher ranks require clearance from the Office of the President via the Executive Secretary before formal hearings.
  • Investigation reports are submitted through the National Police Commission for final disposition.

IAS Organization, Powers, and Jurisdiction

  • IAS organized nationally, regionally, and provincially for effective functioning.
  • Powers include proactive inspections, complaint investigations, summary hearings, reporting, filing criminal cases, and assisting Ombudsman.
  • Has motu proprio jurisdiction to investigate cases such as firearm discharges, deaths, human rights violations, compromised evidence, police custody injuries, violations of engagement rules, and administrative lapses.

Filing of Complaints and Pre-Charge Procedures

  • Complaints must be sworn, in writing, with supporting affidavits and documentary evidence.
  • Within three days of receipt, respondents are notified and given five days to file answers.
  • Pre-charge investigation evaluating probable cause must be completed typically within five working days.
  • Regional IAS reviews pre-charge findings and may dismiss or forward complaints for formal hearings.
  • Complainants may appeal dismissal decisions within fifteen days.

Formal Hearing Procedures

  • Conducted by a designated Summary Hearing Officer in summary fashion but consistent with due process.
  • Summons issued requiring respondent’s answer within five days; failure deemed general denial.
  • No motions to dismiss or motion for bill of particulars allowed.
  • Pre-hearing conferences simplify issues, enter admissions, and mark evidence.
  • Formal hearings, if required, must be completed within thirty days.
  • Position papers may be filed within ten days after hearings.

Preventive Suspension

  • May be recommended if charges are serious with strong evidence or if respondent intimidates witnesses.
  • Suspension period not to exceed ninety days.
  • Suspension may be lifted for exigency of service, case resolution, or delay not due to respondent.

Failure to Appear

  • Complainant’s absence for two hearings may result in dismissal unless respondent’s guilt is proven independently.
  • Respondent’s failure to appear results in ex-parte proceedings.

Decisions and Implementation

  • Decisions must be rendered within fifteen days of concluding hearing, submitted to PNP Disciplinary Authority for disposition within thirty days.
  • Decisions include names, charges, facts, findings, legal basis, and penalties.
  • Decisions served personally or by registered mail to parties or their counsel.
  • Decisions imposing dismissal are immediately executory; others become final after lapse of appeal period.

Appeals

  • Allowed from dismissal resolutions and decisions from regional or national IAS bodies.
  • Grounds include new evidence, errors of law, unsupported findings, or disproportionate penalties.
  • Appeals filed to National IAS or appropriate Appellate Boards within ten days.
  • Decisions on appeals rendered within sixty days.

Enumerated Administrative Offenses

  • Offenses include neglect of duty, irregularity in performance, misconduct, incompetency, oppression, dishonesty, disloyalty, and violation of law.
  • Classification into light, less grave, and grave offenses guides penalty application.

Administrative Penalties

  • Penalties: Suspension, Demotion/Forced Resignation, and Dismissal.
  • Penalties vary in duration depending on offense classification.
  • Mitigating and aggravating circumstances affect penalty severity.
  • Guidelines ensure uniform penalty application and consider multiple charges.
  • Penalties carry administrative disabilities such as cancellation of eligibility, forfeiture of benefits, and disqualification from service or promotion.

Final Provisions

  • Repeals inconsistent regulations.
  • Contains separability clause.
  • Violations constitute grounds for further administrative action.
  • Effective fifteen days after publication, ensuring procedural clarity and governance authority over PNP complaints and discipline.

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