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(NAR) VOL. 7 NO. 3 / JULY-SEPTEMBER 1996

[ NPC MEMORANDUM CIRCULAR NO. 96-010, July 31, 1996 ]

RULES AND REGULATIONS IN THE DISPOSITION OF ADMINISTRATIVE CASES INVOLVING PNP MEMBERS BEFORE THE PNP DISCIPLINARY AUTHORITIES

Pursuant to Sections 41 and 42 of Republic Act 6975, and in implementation thereof, the following rules and regulations are hereby promulgated:

A. General Provisions

SECTION I. Purpose and Scope —

1.01 Purpose — To ensure guidance and uniformity in the conduct of summary hearings, the ensuing rules and regulations set forth the policies and specific procedures for strict compliance.

1.02 Scope — These rules and regulations cover the power, duties, and responsibilities of the PNP Disciplinary Authorities as well as the right to administrative due process of both complainant/s and respondent/s in every administrative proceeding under Section 41 and Section 42 of Republic Act No. 6975.

SECTION II. Definition of Terms —

1.03 Complaint — is a written and sworn charge filed against respondent PNP member.

1.04 Answer — means the responsive pleading containing the respondent’s defense.

1.05 Affidavit — refers to a sworn statement voluntarily made before a notary public or other officer authorized to administer oaths.

1.06 Breach of Internal Discipline — refers to any offense committed by a member of the PNP involving and affecting order and discipline within the police organization.

1.07 Command/Unit Inspector — refers to the officer in charge of the PNP Inspectorate Service in the different Commands/National Support Units.

a. Private Complainant — any person, natural or juridical, who suffered injury, harm or disturbance through an act or omission attributable to a respondent PNP member.

b. Nominal Complainant — Any PNP officer who is required to institute and file charges by reason of his office or position.

1.09 Recidivist — when used in reference to administrative cases, the word recidivist imparts a broader connotation than its verbal meaning under our criminal statutes.

A recidivist refers to a policeman who, while facing administrative investigation before any of the PNP Disciplinary Authorities or whose case is pending decision thereat, shall have been previously penalized by any administrative body for an administrative offense involving the penalty of not less than three (3) months suspension or demotion in rank or previously sentenced by a court for a crime involving the penalty of arresto mayor or higher. It is not necessarily that the crime committed by the policemen concerned be embraced under the same Title of the Revised Penal Code as the term Recidivist is defined therein.

1.10 Repeatedly Charged — refers to a policeman who is administratively or criminally charged three (3) times or more separate causes of action, the decision on all of which cases need not have become final and executory and the PNP Disciplinary Authority, after conducting a pre-charge investigation, has found all the charges to be grave and there is reasonable ground to believe that respondent is probably guilty thereof as to warrant the penalty of dismissal from the service.

1.11 Conduct Unbecoming of a Police Officer — refers to any behavior or action of a policeman, irrespective of rank, done in his official capacity, which, in dishonoring or disgracing himself as a policeman, seriously compromises his character and standing as a gentleman in such a manner as to indicate his vitiated or corrupt state of moral character. It may also refer to an act or behavior of a policeman in an unofficial or private capacity which, in dishonoring or disgracing himself as a gentleman, seriously compromises his position as a member of the PNP and exhibits himself as morally unworthy to remain as a member of the police organization.

1.12 Heinous Crime — refers to a grave felony as defined in the Revised Penal Code or an offense punishable under special law committed in a manner that is revolting or shocking to the common sensibilities of man, whether deliberately sought or not, such as those attended by cruelty, ignominy, treachery, and similar circumstances.

Heinous crimes and those committed by organized/syndicated crime groups as enumerated and defined in Section 4 of Executive Order No. 3 dated July 7, 1992, wherein PNP members are involved shall always be considered serious offenses. Such offenses, for purposes of summary proceedings shall include, but not limited to, the following: murder, gunrunning, illegal logging, robbery, kidnapping for ransom, white slave trade, illegal recruitment, carnapping, smuggling, piracy, drug trafficking, falsification of land title and other government forms, large scale swindling, film piracy, counterfeiting and bank frauds.

SECTION I. Jurisdiction —

2.01 Breach of Internal Discipline — Complaint on any breach of internal discipline under Section 41 of RA 6975 shall be brought before any of the following PNP Authorities vested with the corresponding administrative disciplinary authority: