Admin Rules for Security Personnel Cases

To establish uniform procedures for the investigation and disposition of administrative cases
Ensures expeditious handling of cases involving security sector personnel and agencies

Investigations and hearings are summary in nature
Not bound by technical rules of procedure and evidence applicable in judicial settings

"Answer": Pleading filing defenses
"Appellate Authority": Chief, PNP and Director, Civil Security Group; Regional Director for Regional FESAGS cases
"Complaint": Written, sworn statement alleging wrongdoing or injury
"Decision": Written disposition citing facts and law
"Finality": No motion for reconsideration or appeal filed within 10 days
Other terms include Formal Charge, Hearing Officer, Jurisdiction, Summary Proceeding, Summons, Security Personnel, Private Security Training Institution, among others

In NCR, complaints filed with SAGSD, CSG Complaint and Investigation Section
Elsewhere, filed with Regional FESAGS with territorial jurisdiction
Complainant may opt to file where they work, reside, or respondent’s principal office

Mandated mediation/arbitration for complaints involving security agencies and personnel before filing administrative case
PADPAO resolves within 30 days
Cases involving damage, death, or interest conflict may bypass mediation and be filed directly
PADPAO’s arbitration decisions with fines forwarded to regulatory offices for investigation

Complaints must be in writing, clear, sworn, and systematic
Can be initiated by PNP or CSG officials or through sworn complaint by any person with supporting evidence
Contents: Complainant and respondent identity, specification of charges, narration of factual basis
Grounds: Any violation of RA 5487 or implementing rules

Summons issued within 3 days directing respondent to file answer within 5 days
Answer under oath, specifically denying or affirming allegations, with evidence and witness list
Failure to answer considered general denial
Admission by respondent proceeds to determine penalty
Preliminary conference to attempt settlement and simplify issues
Summary hearing to be held within 5 days after preliminary conference

Hearing officer may require position papers within 10 days post-hearing
Parties have right to counsel but hearings proceed regardless of counsel presence

Postponements allowed only for meritorious reasons, supported by medical certificate if illness involved
Maximum two postponements per party
Complainant’s failure to appear at two successive hearings may lead to dismissal unless culpability proven without complainant
Desistance before evidence presentation results in dismissal after verification
Respondent’s failure to appear deemed waiver of right to present evidence

Hearing officer submits resolution within 30 days including investigation report and Charge Sheet
Resolution contents: facts, issues, applicable law, findings, disposition
For suspension/cancellation of Temporary License To Operate, approval by Director, CSG; for Regular License, approval by Chief, PNP
Served to parties within 5 days of approval

Decision final and executory if no motion or appeal filed within prescribed time
Final order served within 1 day post-reglementary period

Notice of Appeal filed within 10 days accompanied by memorandum stating errors
Case records forwarded within 3 days to appellate body
Non-compliance results in dismissal
Appellate body decides within 30 days
Failure to decide makes initial decision final, but appeal to Chief, PNP allowable

Pending grave offense cases bar license processing and may invoke Cease and Desist Orders
Non-compliance with final order bars renewal applications
Interim licenses may be issued pending final disposition
Clearance/certification of case status issued upon request with fee

Repeals conflicting rules and regulations
Separability clause ensures validity of remaining provisions if any part declared unenforceable
Circular effective 15 days post-publication in two newspapers