Law Summary
Definitions of Key Terms
- Complaint: Written, sworn charge filed against a PNP member.
- Answer: Responsive pleading containing respondent's defense.
- Affidavit: Sworn statement before authorized officer.
- Breach of Internal Discipline: Offense affecting police order and discipline.
- Command/Unit Inspector: Officer in charge of PNP Inspectorate Service at Commands/Units.
- Complainant: Private person/entity harmed or PNP officer required to file charges.
- Recidivist: Policeman previously penalized or sentenced for serious offenses under administrative or criminal law.
- Repeatedly Charged: Policeman charged three or more times with grave offenses, possibly facing dismissal.
- Conduct Unbecoming of a Police Officer: Behavior dishonoring the policeman and compromising moral character.
- Heinous Crime: Grave felony or offense revolting to common sensibilities, including murder, drug trafficking, smuggling, etc.
PNP Disciplinary Authorities and Jurisdiction
- Breach of Internal Discipline cases handled by Supervisors at various levels with specified penalty limits.
- Summary Dismissal Authorities: Chief PNP and Regional Directors adjudicate serious cases including heinous crimes and recidivist offenses.
- Senior officers appointed by the President require presidential clearance and referral for final disposition.
Complaint Initiation and Requirements
- Complaints initiated by PNP officials or sworn individuals with supporting documents.
- Must contain clear, concise facts and include full particulars of complainant and respondent.
- Prohibits multiple complaints and forum shopping; requires sworn certification against these practices.
Pre-Charge Investigation Procedures
- Conducted by Command/Unit Inspector within 3 days from complaint receipt.
- May dismiss complaints for lack of jurisdiction or probable cause, or recommend formal investigation.
- Preventive suspension may be imposed pending investigation if charges are serious or harassment is evident.
- Suspension automatically lifted if no decision in 90 days.
Summary Hearing Process
- Respondent furnished with complaint and must answer within 5 days.
- Failure to answer deemed general denial; hearing conducted within 5 working days and completed within another 5 working days.
- Hearing proceeds ex-parte if respondent fails to appear; direct examination dispensed with.
- Cross-examination limited to sworn statements, with time limits to prevent delay.
- Nonappearance of complainant may lead to dismissal unless other evidence proves guilt.
- Decision rendered within 10 days, containing detailed findings and penalties.
- Decision served personally or by registered mail; proof of service required.
- Decision imposing dismissal immediately executory; other penalties final after 10 days if no reconsideration filed.
Appeals Process
- Grounds include new evidence, errors of law/procedure, insufficient evidence, or inappropriate penalty.
- Appeal perfected by filing Notice within 10 days, records forwarded to NAPOLCOM Appellate Board.
- NAPOLCOM Appellate Board must decide appeal within 60 days; failure results in finality with further appeal possible.
- Decisions served to parties; failure to implement promptly constitutes administrative offense.
Jurisdiction of NAPOLCOM Appellate Boards
- National Board handles appeals from Chief, PNP involving severe penalties.
- Regional Boards handle appeals from Mayors, PNP Regional Directors, and equivalent supervisors.
- Dropping from the rolls is appealable within 10 days from order receipt.
Final Provisions
- Supersedes prior inconsistent memoranda and circulars.
- Separability clause preserves validity of provisions if any declared unenforceable.
- Effective upon approval (July 31, 1996).