Implementing Rules and Regulations (IRR) of the NAPOLCOM Memorandum Circular No. 2016-002 Otherwise Known as the "Revised Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police" Particularly in the Conduct of Pre-Charge Investigation of Complaints and Prosecution of Cases Instituted Against PNP Uniformed Personnel before the Internal Affairs Service

September 16, 2016

PNP IAS MEMORANDUM CIRCULAR NO. 001-16

IMPLEMENTING RULES AND REGULATIONS (IRR) OF THE NAPOLCOM MEMORANDUM CIRCULAR NO. 2016-002 OTHERWISE KNOWN AS THE "REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE" PARTICULARLY IN THE CONDUCT OF PRE-CHARGE INVESTIGATION OF COMPLAINTS AND PROSECUTION OF CASES INSTITUTED AGAINST PNP UNIFORMED PERSONNEL BEFORE THE INTERNAL AFFAIRS SERVICE

1. References:

a. Republic Act No. 6975, as amended;

b. Section 39-51, Title V in relation to Title VI of Republic Act No. 8551, as amended;

c. Executive Order 101; and

d. NAPOLCOM Memorandum Circular No. 2016-002.

2. Rationale:

The Philippine National Police-Internal Affairs Service (PNP-IAS) is the lead agency for the PNP organization in its campaign against all forms of misconduct in the police service. The IAS has crafted an innovative Guide for Pre-Charge Investigators and Prosecutors to systematically and expeditiously investigate and/or resolve administrative complaints as provided under Rule 14 of NAPOLCOM MEMORANDUM CIRCULAR 2016-002 otherwise known as the "Revised Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs of the Philippine National Police."

3. Purpose:

This Memorandum Circular provides the standard guidelines and procedures in the conduct of Pre-Charge Investigation of administrative complaints and filed before the IAS. It is a simplified step-by-step scheduled procedure which shall be followed by pre-charge investigators from the time an administrative complaint against uniformed personnel has been filed until the prosecution of the case. This guide includes, among others, a flowchart to visually aid investigators and prosecutors in implementing the process.

4. Definition of Terms:

As used in this Rules, the following terms shall be understood, to mean as follows: HTcADC

a. Answer — a responsive pleading containing the respondent's negative and affirmative defenses;

b. Appellate Bodies — shall refer to the Regional Appellate Board (RAB) and National Appellate Board (NAB) of the Commission; the Secretary of the Interior and Local Government (SILG); and the Civil Service Commission (CSC);

c. Breach of Internal Discipline — any offense committed by a member of the PNP involving "minor offenses" affecting the order and discipline within the police organization. "Minor Offense" refers to an act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include, but not limited to simple misconduct; negligence; insubordination; frequent absences and tardiness; habitual drunkenness; and gambling prohibited by law;

d. Citizen Complaint — a complaint initiated by a natural or juridical person or his/its duly authorized representative or guardian on account of an injury, damage or disturbance sustained, as a result of an irregular or illegal act or omission of a PNP member;

e. Commission — shall refer to the National Police Commission;

f. Complaint — a written and sworn statement regarding a wrong, grievance or injury sustained by a person;

g. Complainant — one who initiates a complaint against a uniformed member of the PNP, either as complaining witness or as a concerned agency or office;

h. Decision — the written disposition of the case by any Disciplinary Authority, IAS or Appellate Body stating clearly the facts and the law upon which it is based;

i. DisciplinaryAuthorities — shall refer to the city or municipal mayors; chief of police or equivalent supervisors; provincial directors or equivalent supervisors, regional directors or equivalent supervisors; People's Law Enforcement Board (PLEB); Chief of the PNP; and National Police Commission;

j. EquivalentSupervisors — PNP Officers occupying positions/designations equivalent to that of Chief of Police, Provincial Director and Regional Director who are vested with disciplinary authority over personnel of their respective, offices, charged with minor offenses involving breach of internal discipline as provided under Section 41 (b) of R.A. 6975, as amended;

 For purposes of these rules, the following are considered equivalent supervisors:

1. Chief of Police

a. Chief, Provincial Public Safety Company

b. Chief, District Public Safety Battalion

c. Chief, Police Station of Manila Police District and Quezon City Police District

2. Provincial Director

a. Director, City Police Office of Highly Urbanized or Chartered Cities;

b. Chief, Regional Public Safety Battalion;

c. Chief, Regional Administrative Support Unit; and

d. Chief, Regional Operational Support Unit

3. Regional Director

a. Director, Police District Office, National Capital Region Police Office;

b. Director, National Administrative Support Unit; and

c. Director, National Operational Support Unit.

In case the head of any of the above-enumerated offices/units of the PNP is only an officer-in-charge, he/she may conduct investigation and submit his recommendation to the next higher Disciplinary Authority.

k) Finality of Decision — there is finality of decision when upon the lapse of ten (10) days from receipt or notice of such decision, no motion for reconsideration or appeal has been filed in accordance with these Rules;

l) Forfeiture of Salary — a penalty imposed upon the respondent who is found culpable of the offense charged which consists of taking his salary for a certain period but in no case shall exceed one (1) month; the respondent who is penalized with forfeiture of salary is required to report for duty;

m) Formal Charge — a complaint initiated before any of the Disciplinary Authorities or IAS after finding the existence of probable cause.

n) Forum Shopping — the filing of several complaints arising from one and the same cause of action involving the same parties asking for the same relief with the different administrative Disciplinary Authorities, the Internal Affairs Service and the Office of the Ombudsman;

o) Jurisdiction — the authority vested by law to hear and decide a case;

p) Moral Turpitude — includes everything which is done contrary to justice, honesty, modesty, or good morals. It is an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen or to society in general, contrary to the accepted and customary rule of right and duty between man and woman; aScITE

q) Newly Discovered Evidence — that evidence which could not have been discovered and produced during the hearing of the case despite due diligence, and if presented, would probably alter the decision;

r) Pending Case — refers to a case when the respondent has been formally charged before any Disciplinary Authority or IAS or the Office of the Ombudsman; or an appeal is pending with any of the Appellate Bodies;

s) Pre-Charge Investigation — is the preliminary examination and evaluation of the complaint for the purposes of determining the existence or non-existence of probable cause;

t) Probable Cause — the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the investigator, that the respondent is probably guilty of a specific administrative offense or offenses;

u) Recidivist — a person who has been previously penalized for a grave administrative offense and is again charged of another or the same grave administrative offense;

v) Reglementary Period — the period required by law or these Rules to perform a specific act. In the computation of a period of time, the first day shall be excluded, and the last day shall be included unless it falls on a Saturday, Sunday or a legal holiday, in which case the last day shall fall on the next working day;

w) RepeatedlyCharged — when a police officer is formally charged administratively of a less grave or light offense for at least three (3) times and was found culpable in any one of them;

x) Resolution — refers to a decision, declaration or formal statement of a competent tribunal;

y) RestrictedCustody — is a disciplinary measure that may be imposed by the Chief, PNP, the PNP Regional Director or Equivalent Supervisor, the PNP Provincial or Equivalent Supervisor during the pendency of a grave administrative or criminal charge filed against a subordinate police officer/s which may consist of confinement within the camp with proper accounting and monitoring of their activities: Provided, that when situation warrants and they are required to go outside of the camp, they should be properly escorted on a one-on-one basis with proper recording of activities, the place of destination, time of departure, time of arrival and the names of the escorts: Provided further, that a police personnel under restrictive custody is required to turn over his issued firearm to the responsible supply officer within the same period of custody;

z) Restriction to Specified Limits — a penalty which prohibits the respondent to be at a specified area;

aa) Serious Charge — refers to a complaint involving an offense where the maximum imposable penalty is dismissal from the service;

bb) Subpoena Ad Testificandum — a process directed to a person to appear and testify in an investigation or hearing;

cc) Subpoena Duces Tecum — a process directing a person to appear and bring with him books, documents or things under his control in an investigation or hearing;

dd) Substantial Evidence — such relevant evidence as a reasonable mind might accept as adequate to support a conclusion;

ee) Summary Hearing Officer — an officer designated by the Disciplinary Authority or IAS to conduct the summary hearing proceeding and to submit a report of investigation;

ff) Summary Proceeding — an expeditious administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent; and

 

gg) Summons — is a written notice informing the respondent that he is charged with an offense and directing him to file his answer.

5. Specific Guidelines and Procedures:

Internal Affairs Service[Rule 6, NAPOLCOM Memo Circular No. 2016-002]

SECTION 1. Powers and Functions. — The Internal Affairs Service (IAS) towards the end of effectively and efficiently implementing the NAPOLCOM Memorandum Circular No. 2016-002 shall perform the following powers and functions:

a. Investigate complaints and gather evidence in support of an open investigation;

b. Conduct summary hearings on PNP members facing administrative charges;

c. File appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case; and

d. Provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP. HEITAD

The IAS shall conduct motu proprio investigation in 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 operational;

3. Incidents where evidence was 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; and

5. Incidents where the established rules of engagement have been violated.

SECTION 2. Inclusion of Supervisor and Superiors in IAS Investigation. — The immediate superior or supervisor of the personnel or units being investigated motu proprio under Section 1 hereof shall be automatically included in the investigation of the IAS to exclusively determine lapses in administration or supervision.

SECTION 3. Disciplinary Recommendations of the IAS. — (a) Any uniformed member of the PNP found culpable under Section 1 hereof and any immediate superior or supervisor found negligent under the immediately preceding Section shall be recommended automatically for dismissal or demotion, as the case may be;

(b) Recommendations by the IAS for the imposition of disciplinary measures against uniformed member of the PNP, once final, cannot be revised, set aside, or unduly delayed by any disciplining authority without just cause.

SECTION 4. Appeals from IAS Resolution Dismissing an Administrative Complaint. — Resolutions of the Provincial IAS dismissing an administrative complaint shall be forwarded to the Regional IAS for review while decisions of the Regional IAS dismissing the administrative case may be appealed to the Inspector General. Decisions of the Inspector General affirming the resolutions of Regional IAS dismissing an administrative complaint shall be appealed to the National Appellate Board.

Commencement of ComplaintNAPOLCOM Memo Circular No. 2016-002]

SECTION 3. Initial Evaluation of the Complaint. — Upon receipt of the complaint from the Intelligence and Investigation Division (IID), IAS, the Chief Clerk of the Prosecution Division (PD) or equivalent officers in the RIAS/DIAS and CIAS shall immediately record in a logbook and raffle the same to investigating officer for the conduct of initial evaluation of the complaint to determine if it has jurisdiction or refer it to the appropriate disciplinary authority; or treat it as grievance/request for assistance; or refer it to the concerned office.

The Initial Evaluation Report of the investigating officer recommending for the conduct of Pre-Charge Investigation; dismissal of the complaint; or referral to the appropriate Disciplinary Authority or Regional IAS office; or grievance committee shall in all cases be approved by the Chief, Prosecution Division, IAS.

Complaints filed before the Regional IAS, the Initial Evaluation Report of the investigating officer recommending for its Pre-Charge Investigation; dismissal of the complaint; or referral to the appropriate Disciplinary Authority; or referred to grievance committee, shall in all cases be approved by the Director of concerned RIAS.

Complaints filed before the District, Provincial and City IAS, the Initial Evaluation Report of the investigating officer recommending for its Pre-Charge Investigation; dismissal of the complaint; or referral to the appropriate Disciplinary Authority; or referred to grievance committee, shall in all cases be approved by the District, Provincial and City Superintendent.

All administrative complaints referred to concerned Disciplinary Authorities or other units shall be monitored until its termination in matrix form by the responsible PNP member or the Chief Clerk of Prosecution Division, RIAS, DIAS, PIAS or CIAS.

Pre-Charge InvestigationNAPOLCOM Memo Circular No. 2016-002]

A. Complaint Driven Pre-Charge Investigation

SECTION 1. Pre-Charge Investigation. — Upon approval of the initial evaluation report, the Prosecution Division, (PD) or the Chief, IID, RIAS or the District, Provincial, and City IAS shall direct its responsible PNP member or Chief Clerk in docketing the Pre-Charge Investigation in a docket book by stamping on the face of the complaint and its approval, the time and date of receipt, recording and assigning a case number to it; and designate the investigating officer who shall conduct the investigation. The investigation shall include the examination of records and documents submitted by the complainant and the PNP member complained of as well as documents readily available from other government offices for the purpose of determining the existence of probable cause.

Sample of Stamp Pad

PROSECUTION DIVISION, NIAS

Date & Time Received	:	__________________
Case Number	:	__________________
Name of Investigator	:	__________________
Received by	:	__________________
		(Name of Chief Clerk)

B. Motu Proprio Pre-Charge Investigation

Internal Affairs ServiceNAPOLCOM Memo Circular No. 2016-002]

SECTION 1, Rule 6. Authority to Conduct Motu Proprio Investigation. — The IAS shall conduct motu proprio investigation on the following cases:

a) Incidents where a police personnel discharges a firearm; ATICcS

b) Incidents were death, serious physical injury, or any violation of human rights occurred in the conduct of police operation;

c) Incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;

d) Incidents where a suspect in the custody of the police was seriously injured;

e) Incidents where the established rules of engagement have been violated.

Upon IG's approval of the Investigation Report (IR) on Motu Proprio cases, the Prosecution Division, IAS shall conduct Pre-Charge Investigation.

Investigation Report (IR) on motu proprio cases conducted by the District, Provincial and City IAS shall be reviewed by the Deputy Director, RIAS and shall be approved by the RIAS Director. Pre-charge investigation of motu proprio cases shall in all cases be conducted by PD, IAS and IID, RIAS.

SECTION 2. Duration of the Investigation. — Upon approval of the initial evaluation report, the designated investigating officer shall commence the pre-charge investigation by furnishing the PNP member complained of with a copy of the complaint and its supporting documents not later than three (3) days from docketing thereof.

Within three (3) days from the approval and docketing of the initial evaluation report, the investigating officer shall furnish the complaint and its supporting documents to the PNP member complained of thru radiographic message and/or by registered mail at his/her official/last known address as stated in his/her Personal Data Sheet.

If practicable, the investigating officer shall serve the copy of the complaint and its supporting documents personally to the PNP personnel complained of. He/she shall sign and indicate the time and date of receipt of the proof of service. In any case, the investigating officer shall execute an Affidavit of Proof of Service.

If personal service is not possible or when the PNP personnel refuses to receive the notices and complaint to include its supporting documents, service may be made by leaving a copy of the same with the Administrative Officer at his official station or with any responsible member of the respondent's household at his last known address.

The PNP personnel complained of may then submit his comment/counter-affidavit within five (5) days from receipt of the complaint to the investigating officer, provided however, that failure of the PNP personnel complained of to submit his comment/counter-affidavit shall be construed as a waiver thereof.

Upon receipt of the counter-affidavit or comment, the pre-charge investigator may now determine whether probable cause exists to warrant the filing of a formal charge. The pre-charge investigation shall be terminated within ten (10) days from receipt of the comment/counter-affidavit or upon the expiration of the period to submit the same.

However, if necessary, the parties may be required to appear for clarificatory questioning, provided that they are notified three (3) days before the scheduled appearance. The parties may already identify and affirm their respective pieces of evidence. The investigator before whom said documents were identified and affirmed must so indicate such facts in the minutes of proceedings, to include matters clarified and attach the same with the records of the case.

No motion for extension of time to submit comment/counter-affidavit or any other dilatory motions shall be allowed except upon meritorious causes and the filing thereof does not interrupt the reglementary period for the submission of the comment/counter-affidavit.

SECTION 3. Pre-Charge Investigation Report. — Within five (5) days from the termination of the pre-charge investigation or upon submission of comment/counter-affidavit by the PNP personnel complained or the expiration of the period to submit the same, the investigating officer shall submit the Pre-Charge Investigation Report (PCIR) together with the complete case records to include the formal charge for review by the Chief, Complaint and Evaluation Section, Prosecution Division or the Chief, IID, RIAS. Likewise, the Chief, Prosecution, IAS or the Deputy Regional Director of RIAS will recommend for the approval or disapproval on the findings of the investigating officer. In all cases, the formal charge shall be approved or signed by the DIG, IAS or Director of RIAS.

Any recommendation by the investigating officer in the District, Provincial or City IAS, shall in all cases, be reviewed by the Chief, IID of concerned RIAS and shall be approved or disapproved by the RIAS Director.

Any recommendation by the investigating officer dropping and closing an administrative complaint for lack of probable cause shall, in all cases, be approved by the DIG, IAS or the RIAS Director.

a. Appeals from IAS Resolution Dismissing an Administrative Complaint. Resolutions of the Provincial IAS dismissing an administrative complaint shall be forwarded to the Regional IAS for review while decisions of the Regional IAS dismissing the administrative case may be appealed to the Inspector General. Decisions of the Inspector General affirming the resolutions of Regional IAS dismissing an Administrative complaint shall be appealed to the National Appellate Board. (Section 4, Rule 8, NMC 2016-002) TIADCc

Note: Resolutions of the Provincial IAS dismissing or dropping and closing an administrative complaint shall be in the form of Pre- Charge Investigation Report (PCIR).

b. Decisions of the Inspector General affirming the Resolution of the Regional IAS dismissing the complaint for lack of probable cause shall be appealed to the National Appellate Board. (Section 2(b), Rule 8, NMC 2016-002)

SECTION 5. Docket Entries. — In all instances, during the pre-charge investigation and until its termination, appropriate docket entries must be made by a responsible PNP member or Chief Clerk of the unit.

Filing and Assignment of Cases to Summary Hearing OfficersNAPOLCOM Memo Circular No. 2016-002]

SECTION 1. Formal Charge. — After finding of probable cause, the investigating officer shall formally charge, under oath, the PNP member complained of. The formal charge shall contain (1) a specification of the charge/s; (2) a brief statement of material or relevant facts; and (3) the presence, if any, of aggravating circumstance/s. It shall be accompanied by certified true copies of the documentary evidence, if, any including the sworn statements or judicial affidavits of witnesses.

Prosecution of Cases. — Once the DIG, IAS or Directors, RIAS has approved the Pre-Charge Investigation Report (PCIR), the case folder together with the Pre-Charge Investigation Report and the Formal Charge shall be forwarded to the Legal Affairs Division for Summary Hearing. Prosecutors will appear in court in all scheduled Summary Hearings and prepare the required Position Paper and Draft Decision.

When Respondent is a Presidential Appointee. — After the formal charge is filed, a respondent who is a presidential appointee can only be subjected to summary proceeding after a clearance for such purpose is obtained from the Office of the President. The report of investigation together with the complete original records of the case shall be submitted to the Office of the President through the Commission. [Section 6, Rule 15, NAPOLCOM Memo Circular No. 2016-002]

Prosecution, Summary Proceedings and Disposition of Administrative CasesNAPOLCOM Memo Circular No. 2016-002]

SECTION 1. Summons. — The designated summary hearing officer shall issue summons within three (3) days from receipt or docketing of the complaint, as the case maybe, to be served upon the respondent directing him/her to submit his/her answer within an inextendible period of seven (7) working days from receipt hereof.

SECTION 2. Answer. — The answer shall be in writing, under oath and must contain material facts, which may either be a specific denial or affirmation of the allegations in the complaint as well as the presence of mitigating circumstance/s, if any. The respondent/s may attach therewith documentary evidence in support of his defense, copy furnished the complainant.

The answer shall be filed either personally or by registered mail, with proof of appropriate service to the complainant. If the answer is sent by registered mail, it is deemed filed on the date of receipt stamped by the post office on the envelope. Said envelope shall be kept and made an integral part of the answer and records of the case.

The disciplinary authority shall not entertain request for clarification, bill of particulars, motion to dismiss, and any other motion which are obviously designed to delay the administrative proceedings. If any of these pleadings are filed by the respondent, the same shall not toll the reglementary period for filing an Answer.

SECTION 3. Effect of Failure/Refusal to File Answer. — If the respondent fails or refuses to file an answer within the period provided, he/she shall be considered to have waived his/her right to submit the same and the case shall be decided based on available records.

SECTION 4. Effect of Admission by Respondent. — When the respondent in his answer admits his culpability to the charge, the Summary Hearing Officer shall determine the penalty commensurate to the offense committed taking into account the presence of mitigating circumstance/s invoked by the respondent and aggravating circumstance/s alleged by the prosecution.

SECTION 5. Pre-Hearing Conference. — Within fifteen (15) days from receipt of the answer, the Summary Hearing Officer shall conduct the pre-hearing conference for the purpose of: a) defining the issues of the case; b) entering into admissions and/or stipulation of facts; c) marking of exhibits after proper identification by the parties/signatories; and d) threshing out other matters relevant to the case.

A Notice of Pre-Hearing Conference shall be served to the parties and/or their respective counsels, if there be any;

The said notice shall be served at least five (5) days prior to the scheduled date of pre-hearing conference, as indicated therein;

The entire proceedings during the pre-hearing conference shall be recorded duly signed by the parties and Summary Hearing Officer. It shall be taken in shorthand or stenotype, if there is a stenographer; AIDSTE

The stenographer shall immediately transcribe the transcript of stenographic notes (TSN) taken, but in no case beyond five (5) days from the date of termination of pre-hearing conference. A transcript of the records made and certified to as correct by the official stenographer or steno typist shall be prima facie correct statement of the proceedings;

The use of electronic devices such as tape or phone recorders is allowed;

In areas and cases, where services of a stenographer are not available, a detailed minutes or substantial account of the proceedings duly certified to as correct by the Summary Hearing Officer (SHO) shall suffice.

SECTION 6. Submission of Position Papers. — The Summary Hearing Officer shall direct the parties to file, within fifteen (15) days from the termination of the pre-hearing conference, their respective verified position papers in lieu of a full blown hearing taking into account the summary nature of administrative proceedings. The position papers 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.

As an indispensable aid in the preparation, making and subsequent filing of position papers, a party shall not be denied of a copy of the duly transcribed transcript of stenographic notes (TSN) and/or detailed minutes or substantial account of the proceedings, once a prior request has been made;

The request may be made verbal or in writing at any time but prior to the termination of pre-hearing conference;

The balance of the period for transcription and submission of position papers, in which case — the ten (10)-day period, shall not commence to run until the day after the actual receipt by the requesting party concerned of the copy of duly transcribed TSN and/or detailed minutes or substantial account of the proceedings duly certified to as correct by the Summary Hearing Officer (SHO).

Upon receipt of the position papers, affidavits and other pleadings filed, the Summary Hearing Officer may consider the case submitted for resolution. The failure of any party to submit position paper shall be considered as a waiver thereof.

SECTION 7. Clarificatory Hearing. — Within five (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 Summary Hearing Officer may issue an order, for the conduct of a one-time clarificatory hearing where the parties shall be afforded the opportunity to be present and submit written clarificatory questions to the Summary Hearing Officer which will determine whether or not the questions are necessary and relevant to the fact in issue.

Thereafter, the parties may submit their respective proposed draft decision for the consideration of the Summary Hearing Officer in arriving at its findings and conclusions. The failure of any party to submit the same shall be deemed a waiver thereof. In which case, the position paper previously filed shall be adopted and considered as the proposed draft of decision.

SECTION 8. Qualifications of IAS Prosecutor(s). — There shall be designated prosecutor(s) at the IAS-NHQ and regional offices with qualifications, to wit:

1. Preferably, lawyers or members of the Bar;

2. In the absence of lawyers, any uniformed or non-uniformed IAS personnel with a degree of Bachelor of Laws; or

3. Any uniformed or non-uniformed IAS personnel who possesses and approximates the qualifications of a lawyer and/or with appropriate prosecutorial training or course for the purpose.

SECTION 9. Duties and Functions of IAS Prosecutor(s). — The duly designated IAS prosecutor in a case shall:

a. Appear and represent the private complainant and his/her witnesses during the entire summary proceedings; and

b. More particularly, assist in the preparation and submission of his/her pleadings, motions, position papers and other documents as may be necessary in the successful prosecution of the case.

SECTION 10. Assistance of Counsel. — Parties may be assisted by counsel in the preparation and submission of their pleadings and during the clarificatory hearing.

Private Counsel appearing for the complainant shall be under the direct supervision and control of the designated IAS prosecutor who is a member of the Bar.

All pleadings submitted by the private counsel of the complainant shall be with the conformity of the IAS prosecutor.

SECTION 11. Special Allowance for Prosecutors (SAP). — Personnel of the Internal Affairs Service assigned with the Prosecution Division, IAS-NHQ and regional offices shall in addition to other allowances authorized under existing laws be granted special allowance of One Thousand Pesos (P1,000.00) a month. This pay shall not be considered a forfeiture of other remuneration and allowances which are allowed under existing laws. AaCTcI

6. Penal Clause:

IAS personnel who through acts or omission commit any violation of this Memorandum Circular shall be subjected to pre-charge investigation pursuant to NAPOLCOM MEMORANDUM CIRCULAR No. 2016-002 otherwise known as the "Revised Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs of the Philippine National Police."

7. Repealing Clause:

All IAS issuances contrary to or inconsistent with this Circular are hereby repealed or amended accordingly.

8. Effectivity:

This IAS Memorandum Circular shall be effective after fifteen (15) days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4 of Chapter 2, Book VIII of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987," as amended.

(SGD.) ALEXANDER L. ROLDANPolice Director

ATTACHMENT

SAMPLE FORMAT

Republic of the PhilippinesNATIONAL POLICE COMMISSIONNATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICEINTERNAL AFFAIRS SERVICECamp Crame, Quezon City

MEMORANDUM

1. References:

2. Facts of the Case:

3. Evaluation/Recommendation:

SPO4 ARMANDO T. VIDUYA

Noted by:

ATTY. PEARL SHEILA S. MAGBANUA

SAMPLE FORMAT

Republic of the PhilippinesNATIONAL POLICE COMMISSIONNATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICEINTERNAL AFFAIRS SERVICECamp Crame, Quezon City

MEMORANDUM

 

Pre-Charge Investigation Report

I. REFERENCES:

II. MATTERS TO BE INVESTIGATED:

III. FACTS OF THE CASE:

A. VERSION OF COMPLAINANT

B. VERSION OF RESPONDENT

IV. DISCUSSION:

V. CONCLUSION:

VI. RECOMMENDATION:

VII. SO RECOMMENDED

Respectfully Submitted by:

SPO4 ARMANDO T. VIDUYA

REVIEWED/EVALUATED BY:

PSUPT. REYNANTE F. RODRIGO

RECOMMENDING APPROVAL:

ATTY. PEARL SHEILA S. MAGBANUA

APPROVE/DISAPPROVE:

ALEXANDER L. ROLDAN

SAMPLE FORMAT

Republic of the PhilippinesNATIONAL POLICE COMMISSIONNATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICEINTERNAL AFFAIRS SERVICECamp Crame, Quezon City

IN RE: ADMINISTRATIVE PROCEEDINGS	ADM CASE NO. ____________
AGAINST: ___________________________	(Referral Docket No. _________)
	FOR: Grave Misconduct
	(Violation of Article 266 "Slight
	Physical Injuries" of the RPC)
	Respondent
x------------------------------------------------------x

 

Formal Charge

The Prosecution Division, Internal Affairs Service, Philippine National Police, represented by the undersigned nominal complainant, in his/her capacity as _______________, hereby charges respondent, ___________________________, for Grave Misconduct (Section 2C (3r) — [Slight Physical Injury — Art. 266 of the Revised Penal Code], Rule 21 of NAPOLCOM Memorandum Circular No. 2016-002) committed as follows: EcTCAD

"That on or about April 3, 2016, around 2:45 p.m., in Quezon City, the respondent, did then and there, willfully, unlawfully and feloniously assault and attack complainant, Jackson Rhod S. Javier, by punching his forehead, thereby causing injuries upon him, which required medical attention for a period of less than nine (9) days, to his damage and prejudice."

The attendant aggravating circumstances are as follows: 1) The respondent took advantage of his official position as police officer; 2) The respondent is intoxicated during the commission of the offense.

Act of respondent in violation of NAPOLCOM rules and regulations, prejudicial to the police service and subject to disciplinary sanctions.

Prayer

WHEREFORE, premises considered, it is respectfully prayed that a summary hearing be conducted against respondent, _________________________________, pursuant to Sections 39 (c) and 49 of RA 8551, and Rule 21 of NAPOLCOM Memorandum Circular No. 2016-002, that he be found guilty as charged and meted with appropriate administrative penalty.

_________________________

SUBSCRIBE AND SWORN to before me this ________ day of ____________ 2016 at IAS, Camp Crame, Quezon City, Philippines.

_________________________

DRAFT FORMAT

Republic of the PhilippinesNATIONAL POLICE COMMISSIONNATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICEINTERNAL AFFAIRS SERVICECamp Crame, Quezon CityTel. no.: 7230401 local 4482 Email: [email protected]

IN RE: ADMINISTRATIVE COMPLAINT	ADMIN DOCKET/CASE NR: _____
AGAINST : PO1 Jose Dela Cruz	(Referral Docket No. ____________)
	FOR: Grave Misconduct
	(Violation of Article 266 "Slight
	Physical Injuries" of the RPC)
x------------------------------------------------------x

 

Notice/Order to File Comment/Counter-Affidavit

TO: PO1 Jose Dela Cruz  Barangay Murphy, Cubao  Quezon City

GREETINGS:

Pursuant to the provisions of Republic Act 8551 in relation to sections 1 & 2, Rule 14 of NAPOLCOM Memorandum Circular No. 2016-002 and its Implementing Rules, you are hereby notified that a formal administrative complaint for aforecited offense/s has been filed against you.

WHEREFORE, you are directed to file your Comment/Counter-Affidavit together with the Affidavit/s of your witness/es and documentary pieces of evidence in support of your defense, if any, within five (5) days from receipt of this Notice at the Prosecution Division, IAS (Attn: Name of Pre-Charge Investigator), Camp Crame, Quezon City.

Attached hereto are copies of the complaint, sworn statements and other documents submitted by the complainant.

Failure to file Comment/Counter-Affidavit within the aforementioned period shall be deemed as a waiver thereof.

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Proof of Service

I have this ___________ day of July 2016 served personally a copy of the foregoing process.

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Received By: ____________________

DRAFT FORMAT

Republic of the Philippines) ) S.S

AFFIDAVIT OF PROOF OF SERVICE

I, ________________________________ of legal age, _________, Filipino and with postal address at _________________________________ after having duly sworn to in accordance with law, do hereby depose and say that;

That, on (Date), I have personally notified Name of PNP personnel complained of that a formal administrative complaint for Grave Misconduct ([r] Violation of Article 248 "Murder" of the Revised Penal Code) has been filed against him/her, pursuant to the provisions of Republic Act 8551 in relation to sections 1 & 2, Rule 14 of NAPOLCOM Memorandum Circular No. 2016-002 and its Implementing Rules.

That, I have directed Name of PNP personnel complained of to file his/her Comment/Counter-Affidavit together with the Affidavit/s of his/her witness/es and documentary pieces of evidence in support of his/her defense, if any, within five (5) days from receipt of Notice at the Prosecution Division, IAS (Attn: Name of Pre-Charge Investigator), Camp Crame, Quezon City. HSAcaE

That, I furnished him copies of the complaint, sworn statements and other documents submitted by the complainant.

That, I informed Name of PNP personnel complained of that his/her failure to file Comment/Counter-Affidavit within the aforementioned period shall be deemed as a waiver thereof.

That, I attest to the truthfulness of this undertaking and I submit to the legal and administrative consequences, thereof, if ever the statements above are wanting in truth and in substance.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of ___________ 2016 at Camp Crame, Quezon City, Philippines.

__________________________

SUBSCRIBED AND SWORN TO before me, this _________ day of __________ 2016 at Camp Crame, Quezon City, Philippines.

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Flowchart of Pre-Charge InvestigationNMC 2016-002)

Flowchart of Motu-Proprio Investigation(Section 1, Rule 6, NMC 2016-002)

Matrix in Monitoring Administrative Complaints