NMC 2016-002 Flashcards
Revised Rules of Procedure before the Administrative Disciplinary Authorities and The Internal Affairs Service of the Philippine National Police
SIGNED: _________
March 9, 2016
Basic Difference Between NMC 2007-001 and NMC 2016-002
Voice
NMC No. 2016-002 - FLOW CHART ON REVISED RULES OF PROCEDURE
Voice
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 Complaint
The ___________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.
Initial Evaluation Report
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-Change Investigation
This pertains to the following process:
a. docket the approved Initial Evaluation Report;
b. assign and designate pre-charge investigator;
c. give the respondent a copy of complaint and its supporting documents within 3 days from docketing thereof;
d. give the respondent a chance to submit counter-affidavit/answer within 5 days from receipt and failure to submit shall be deemed a waiver thereof;
e. no motion for extension of time shall interrupt the 5-day period;
f. parties may be called for clarificatory questioning and may affirm their respective pieces of evidence;
g. Termination of investigation within 10 days from receipt of answer or from expiration of 5-day period
Pre- Charge Investigation Report
•Report shall be prepared within 5 days from the termination of pre-charge investigation
•The Report shall be submitted to Disciplinary Authority or IAS for approval
•The complete records and the formal charge 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 Disciplinary Authority or IAS and the complainant shall be informed about the dismissal of his/her complaint
Motion for Re- investigation
• The complainant may file a motion for re-investigation 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 palpable mistake in the appreciation of the complaint, counter-affidavit and other supporting evidence
• Only one motion for re-investigation shall be allowed
• The motion shall be resolved within 15 days from the receipt thereof.
Initial Actions of Summary Hearing Officer (SHO)
Assignment of approved Pre-Charge Investigation Report with probable cause to Summary Hearing Officer (SHO) within 5 days from the receipt thereof;
2.The SHO shall issue summons 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;
3.No motion for clarification, bill of particulars or motion to dismiss shall be entertained; and
4.Failure to file answer, the case shall be decided according to the available records;
shall be conducted within 15 days from receipt answer or expiration of the 7 working days to file answer;
Pre-Hearing Conference
Pre-hearing conference purpose
- 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.
Submission of Position Paper
•The SHO shall direct the parties to file position paper within______ 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
15 days
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 questions are necessary and relevant to the fact in issue.
•Both parties may be assisted by counsel during the clarificatory hearing.
•Only one postponement is allowed in clarificatory hearing.
•Both parties may submit their respective proposed draft decision for the consideration of the SHO in arriving at its findings and conclusion
ONE-TIME CLARIFICATORY HEARING.
-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
Disciplinary Authorities of Citizen Complaint
COP- Simple Offeses
Mayor - Simple Offenses
PLEB - Less grave offenses & Grave Offenses
Withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof for a period not exceeding 15 days
Citizens Complaint
COP - Simple Offenses
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
Citizen’s Complaint
Mayor - Simple Offenses
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
Citizen’s Complaint
PLEB - Less Grave Offenses and Grave Offense
- 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 COP - Simple Offenses 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 Provincial Director - Simple Offenses 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 Regional Director -Simple -less Grave Offenses -Grave Offense
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 CPNP -Simple -less Grave Offense -Grave Offenses
- 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 Grave Offenses NAPOLCOM CPNP Regional Director Dismissal from the police service
- conduct motu proprio investigation on the following cases:
1. incidents where a police personnel discharges a firearm;
2. incidents where death, serious physical injury or any violation of human rights occurred in the conduct of police operation 3. incidents where evidence are compromised, tampered with, obliterated, or lost while in the custody of police personnel
4. incidents where a suspect in the custody of the police was seriously injured
5. 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 ____________ if the respondent was afforded due process by receipt of notice where he/she filed his/her answer or waived his/her right to file answer.
•Case should _____________ , If respondent dies before he/she could file his answer.
2. In situation where the death occurred after the respondent has perfected his/her appeal before Appellate Body
•The appeal shall _________ until its final determination.
•In case the deceased respondent-appellant wins the appeal, material benefits shall accrue to legal heirs subject to __________
1) •not be dismissed •be dismissed 2) •continue •Law on Succession
Classification of Offenses:
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 day to one month (1-30 days)
•Simple dishonesty
Less 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 month and one day to six months (31-180 days)
- Less Grave dishonesty
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 not lower than six months and one day (181 days and above)
- Grave dishonesty
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 Misconduct
- 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
Imposable Penalties
•Reprimand is now a penalty
•For light offenses, first offender shall be given a penalty of ________
reprimand
Appreciation of Mitigating and Aggravating Circumstances
•The mitigating should be invoked by the ___________
•The aggravating should be alleged or pleaded by the ___________
- respondent
* party concerned
Repealing Clause:
Memorandum Circular Number 93-014, 96-010, 98-014, 99-006, 99-014, 2002-010, 2002-013 and 2007-001 are __________ . All other NAPOLCOM issuances or portions thereof inconsistent with this Memorandum Circular are hereby superseded or modified accordingly.
repealed
Application to Pending Cases:
These Rules shall apply to pending administrative investigation/cases with the different Disciplinary Authorities, Appellate Bodies and IAS in so far as practical and applicable. Provided however, that the offenses and penalties reclassified under these Rules shall have retroactive effect insofar as they are__________ to the respondent
favorable
Penal Clause:
Any public official or employee who violates any of the provisions in this Circular shall be ____________
dealt with accordingly.
