Administrative Machinery Flashcards
Revised Rules of Procedure before the Administrative Disciplinary Authorities and
The Internal Affairs Service of the Philippine National Police
NMC No. 2016-002
NMC NO. 2016-002 was signed on *
March 9, 2017
Pre-Charge Evaluation based on complaint
Pre-Charge Proceedings
NMC 2007-01
- Initial Evaluation of Complaint
- Pre-Charge Investigation
- Motion for Re-investigation
Pre-Charge Proceedings
NMC 2016-002
- Pre-Hearing Conference
* Trial or Position Paper
Summary Proceedings
NMC 2007-001
- Pre-Hearing Conference
- Position Paper
- Clarificatory Hearing
Summary Proceedings
NMC 2016-002
Grave Misconduct –Violation of RPC or special laws and Dishonesty
Offenses
NMC 2007-001
- Re-classification of offenses according to gravity of penalty
- Re-classification of Dishonesty according to CSC rules
Offenses
NMC 2016-002
Reprimand is not a penalty
Penalties
NMC 2007-001
Reprimand is a penalty
Penalties
NMC 2016-002
SD Cases – Directors NSUs are Disciplinary Authority
Disciplinary Authority
NMC 2007-001
SD Cases – Directors, NSUs are not Disciplinary Authority
Disciplinary Authority
NMC 2016-002
Dismissal of the admin cases regardless of stage
Effect of Death
NMC 2007-001
No automatic dismissal of the admin cases
Effect of death
NMC 2016-002
is a written and sworn statement regarding a wrong, grievance or injury sustained by a person.
Complaint
pertains to the determination of jurisdiction and thereby docket the same for:
a. Pre-Charge Investigation; or
b. Formal charge before PLEB; or
c. Refer it to appropriate disciplinary authority; or
d. Treat it as grievance/request for assistance
Initial Evaluation of the Compliant
The Initial Evaluation Report recommending for the dismissal of the complaint or referral to appropriate Disciplinary Authority or Grievance Committee shall be approved by *
Disciplinary Authority or IAS or their authorized officer.
is the preliminary examination and investigation of the complaint for the purpose of determining the existence or non-existence of probable cause
Pre-Charge Investigation
Pre-Charge Investigation
This pertains to the following process:
a. () the approved Initial Evaluation Report;
b. () pre-charge investigator;
c. give the respondent a () and its supporting documents within 3 days from docketing thereof;
d. give the respondent a chance to submit () within 5 days from receipt and failure to submit shall be deemed a waiver thereof;
e. no motion for **shall interrupt the 5-day period;
f. parties may be called for *** and may affirm their respective pieces of evidence;
g. Termination of investigation within *** from receipt of answer or from expiration of 5-day period
- docket
- *assign and designate
- **copy of complaint
- ***counter-affidavit/answer
- **extension of time
- *****clarificatory questioning
- ****10 days
Pre- Charge Investigation Report
- Report shall be prepared within 5 days from the *
- The Report shall be submitted to ** for approval
- The complete records and the *** shall be attached to the report
- Each page of the case record should be chronologically arranged and numbered
- In the absence of probable cause, the complaint shall be dismissed by the ** and the complainant shall be informed about the dismissal of his/her complaint
- termination of pre-charge investigation
- *Disciplinary Authority or IAS
- **formal charge
- ***Disciplinary Authority or IAS
- The complainant may file a (*) to the Disciplinary Authority or IAS within 3 days from the receipt of the report of dropping and closing the complaint for lack of probable cause
- The basis for re-investigation can be ** in the appreciation of the complaint, counter-affidavit and other supporting evidence
- Only *** motion for re-investigation shall be allowed
- The motion shall be ** within 15 days from the receipt thereof.
- motion for re-investigation
- *palpable mistake
- **one
- ***resolved
- Assignment of approved Pre-Charge Investigation Report with probable cause to (*) within 5 days from the receipt thereof;
- The SHO shall issue ** within 3 days from receipt of case records, and serve the same to the respondent directing him to submit his/her answer within non-extendible period of 7 working days from the receipt thereof;
- *** motion for clarification, bill of particulars or motion to dismiss shall be entertained; and
- Failure to file answer, the case shall be decided according to the **;
- Summary Hearing Officer (SHO)
- *summons
- **No
- ***available records
- shall be conducted within 15 days from receipt answer or expiration of the 7 working days to file answer;
Purposes:
- defining and simplifying the issues of the case;
- Entering into admissions and/or stipulation of facts;
- marking of exhibits after proper identification by parties/signatories;
- threshing out other matters relevant to the case
The proceedings in the pre-hearing conference shall be recorded and duly signed by both parties and the SHO.
*Pre-Hearing Conference
- The SHO shall direct the parties to file (*) within 15 days from the termination of Pre-Hearing Conference
- The verified position paper is in lieu of a full blown hearing taking into account the summary nature of administrative proceedings
- The position paper shall contain only those charges, defenses and other claims contained in the affidavits and pleadings filed by the parties
- Any additional relevant affidavits and/or documentary evidence may be attached by the parties to their position papers
- Upon receipt of the position paper by the parties, may consider the case submitted for resolution;
- Failure of any of the parties to submit position paper shall be deemed a waiver thereof
*position paper
Clarificatory Hearing
- Within 5 days from receipt of the position paper of the parties or after the expiration of the period to file the same, a party may move or the SHO may issue an order for the conduct of (*)
- Both parties shall be afforded the opportunity to be present and submit written clarificatory questions to the SHO.
- SHO shall determine whether or not the ** are necessary and relevant to the fact in issue.
- Both parties may be assisted by counsel during the clarificatory hearing.
- Only one *** is allowed in clarificatory hearing.
- Both parties may submit their respective ** for the consideration of the SHO in arriving at its findings and conclusion.
*ONE-TIME CLARIFICATORY HEARING.
- *questions
- **postponement
- ***proposed draft decision
-initiated by any person on account of injury or damage as a result of irregular or illegal act or omission of PNP personnel
Citizen Complaint
Withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof for a period not exceeding 15 days
Citizen Complaint
COP
Simple Offense
Withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof for a period not less than 16 days but not exceeding 30 days
Citizens Complain
Mayor
Simple Offense
Withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof for a period not exceeding 30 days; demotion or dismissal from police service
Citizens Complaint
Less grave offenses
Grave Offenses
PLEB
- offense affecting order and discipline within PNP organization
- simple misconduct
- negligence
- insubordi-nation
- frequent absences and tardiness
- gambling
Breach of
Internal Discipline
Admonition; reprimand; withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination of the foregoing provided that in all cases, the total period shall not exceed 15 days
Breach of internal discipline
Simple Offenses
COP
Equivalent supervisors of COP in the breach of internal discipline
C, PPSC
C, DPSB
C, PS (MPD)
C, PS (QCPD)
Admonition; reprimand; withholding of privileges, restrictive custody, suspension or forfeiture of salary or any combination of the foregoing provided that in all cases, the total period shall not exceed 30 days
Breach of internal discipline
Simple offenses
Provincial Director
Equivalent Supervisor of Provincial Director for Breach of Internal Discipline
Director, CPO
C, RPSB
C, Regional
NSUs
Admonition or reprimand withholding of privileges, restrictive custody, suspension or forfeiture of salary ; demotion or dismissal from police service or any combination of the foregoing provided that in all cases, the total period shall not exceed 60 days
Breach of Internal Discipline Simple •Less grave offenses •Grave Offenses Regional Director
Equivalent supervisor of Regional Director in Breach of internal discipline
- District Director of NCRPO
* Director, NSUs
Dismissal from police service, demotion, suspension or forfeiture of salary or any combination thereof for a period not exceeding 180 days.
Breach of internal discipline •Simple •Less grave offenses •Grave Offenses C, PNP
Disciplinary Authorities for Citizens Complaint
COP
MAYOR
PLEB
Disciplinary Authorities for Breach of Internal Discipline
COP
PD
RD
CPNP
- charge is serious and evidence is strong
- Recidivist or repeatedly charge and there is reasonable ground that he/she is guilty of the charge
- guilty of serious offense involving conduct of unbecoming of police officer
-AWOL for a continuous period of 30 calendar days
(Serious Neglect of Duty)
SUMMARY DISMISSAL CASES
MAXIMUM PENALTY:
DISMISSAL FROM POLICE SERVICE
Summary Dismissal Cases Grave offenses NAPOLCOM CPNP Regional Director
conduct motu proprio investigation on the following cases:
- incidents where a police personnel discharges a firearm;
- incidents where death, serious physical injury or any violation of human rights occurred in the conduct of police operation
- incidents where evidence are compromised, tampered with, obliterated, or lost while in the custody of police personnel
- incidents where a suspect in the custody of the police was seriously injured
- incidents where the established rules of engagement have been violated
Internal Affairs Service
the immediate supervisor or superior of the personnel of a unit being investigated under any of the above cases shall be automatically included in the investigation of the IAS to exclusively determine lapses in administration or supervision.
Inclusion of Superior or Supervisors in IAS investigation –
is recommendatory in nature and shall be submitted to Disciplinary Authority for final disposition of the case
IAS resolution
Effect of Death
1.In situation where death occurred while the case pending investigation:
- Case should not be dismissed if the respondent was afforded due process by receipt of notice where he/she filed his/her * his/her right to file answer.
- Case should be dismissed, If respondent dies before he/she could file his **.
answer or waived
answer
Effect of Death
- In situation where the death occurred after the respondent has perfected his/her appeal before Appellate Body
- The appeal shall continue until its *
- In case the deceased respondent-appellant wins the appeal, material benefits shall accrue to legal heirs subject to **
- final determination
* *Law on Succession.
Classification of Offenses
Simple Misconduct
Less Grave Misconduct
Grave Misconduct
- Commit any act or omission that constitutes a crime punishable under RPC or special laws where the duration of imposable penalty is imprisonment of one day to one month (1-30 days)
- Simple dishonesty
Simple Misconduct
- Commit any act or omission that constitutes a crime punishable under RPC or special laws where the duration of imposable penalty is imprisonment of one month and one day to six months (31-180 days)
- Less Grave dishonesty
Less Grave Miscounduct
- Commit any act or omission that constitutes a crime punishable under RPC or special laws where the duration of imposable penalty is imprisonment not lower than six months and one day (181 days and above)
- Grave dishonesty
Grave Misconduct
For light offenses, first offender shall be given a penalty of *
reprimand
It is now a penalty
Reprimand
should be invoked by the respondent
The mitigating
should be alleged or pleaded by the party concerned
The aggravating
