Internal Rules Governing the Conduct of En Banc Meetings of the Commissioners of the National Police Commission in Adjudicating Summary Dismissal Cases of PNP Uniformed Personnel under Section 42 of Republic Act No. 6975, As Amended

May 20, 2016

NAPOLCOM RESOLUTION NO. 349-A-16

INTERNAL RULES GOVERNING THE CONDUCT OF EN BANC MEETINGS OF THE COMMISSIONERS OF THE NATIONAL POLICE COMMISSION IN ADJUDICATING SUMMARY DISMISSAL CASES OF PNP UNIFORMED PERSONNEL UNDER SECTION 42 OF REPUBLIC ACT NO. 6975, AS AMENDED

WHEREAS, Republic Act No. 6975, as amended by Republic Act No. 8551, placed the Philippine National Police (PNP) under the administrative control and operational supervision of the National Police Commission (NAPOLCOM);

WHEREAS, under Section 42 of Republic Act No. 6975, as amended by Section 53 of Republic Act No. 8551, the NAPOLCOM, Chief of the PNP and PNP Regional Directors are vested with Summary Dismissal Powers over grave offenses committed by uniformed personnel of the PNP;

WHEREAS, in the exercise of its administrative control and operational supervision over the PNP, the NAPOLCOM issued 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 (PNP)";

WHEREAS, in order to ensure the expeditious and judicious decisions by the NAPOLCOM in adjudicating summary dismissal cases against erring PNP uniformed personnel, there is a need to prescribe internal rules that shall govern the exercise of such function;

NOW, THEREFORE, the NAPOLCOM, pursuant to its constitutional and statutory mandates, HEREBY RESOLVES TO PRESCRIBE, AS IT HEREBY PRESCRIBES, the following rules:

SECTION 1. NAPOLCOM as Collegial Body. — All decisions on summary dismissal cases of PNP uniformed personnel filed before the NAPOLCOM shall be rendered as a collegial body.

SECTION 2. Quorum and Voting. — The presence of the Chairman or the Vice-Chairman and Executive Officer (VCEO), and three (3) other members of the NAPOLCOM En Banc are required to constitute a quorum. caITAC

To carry out a valid decision, the vote of the majority of the members of the NAPOLCOM En Banc is required. Authorized representatives of any member may appear and participate in the deliberation but their presence shall not be considered in the determination of quorum. Accordingly, authorized representatives shall have no voting right.

Any member who dissents to the proposed decision or resolution, in whole or in part, shall sign on the space above his/her name with the phrase "I dissent", or "I inhibit" in case of inhibition, with or without an accompanying statement on the reason/s for such dissent or inhibition. In case of a tie, a decision which is more favorable to the respondent shall be adopted.

SECTION 3. Voting Venue. — The members of the NAPOLCOM En Banc shall meet on the 2nd Thursday of every month at 9:30 in the morning, at the NAPOLCOM Main Conference Room, DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, Quezon City, to deliberate and decide summary dismissal cases of PNP uniformed personnel within its jurisdiction. However, the NAPOLCOM En Banc is not precluded to hold special En Banc meetings for the same purpose as may be called by the Chairman, or the VCEO. In both instances, the approved decision or resolution shall bear the date of the meeting.

SECTION 4. Confidentiality of the Proceedings. — All matters including documents related to the cases subject of the deliberation of the NAPOLCOM En Banc shall be treated with utmost confidentiality. Only Officials and personnel listed in the Notice of Meeting duly signed by the VCEO shall be allowed to attend the proceedings. This is, however, without prejudice to the right of authorized representatives of any member to appear and/or participate in the proceedings on behalf of their principal.

Any official or employee who violates this Section shall be administratively charged under the existing rules and regulations of the Civil Service Commission.

SECTION 5. Administrative Guidelines. —

a. The Case Management and Court Representation Division (CMCRD), Legal Affairs Service shall act as Secretariat for the En Banc meeting.

b. The CMCRD as Secretariat shall prepare the notice of En Banc meeting at least five (5) working days prior to the scheduled regular meeting, or at least three (3) working days in case of special meeting to be signed by the VCEO.

c. The notice of En Banc meeting shall include the calendar of administrative cases for deliberation together with photocopies of the proposed decision or resolution contained in a sealed envelope distributed to the said members within the same period prescribed above.

d. The Summary Hearing Officer or the drafter or a lawyer from the Legal Affairs Service shall present the facts of the case as "ponente" with the supervision of the LAS Staff Service Chief and/or the Assistant Staff Service Chief.

e. The Secretariat of the Commission shall provide administrative support in the conduct of meeting, to include, but not limited to, coordination, preparation of the venue, taking down of minutes of the meeting and audio recording of the proceedings.

SECTION 6. Effectivity. — This Resolution shall take effect fifteen (15) days upon its filing with the Office of the National Administrative Register. ICHDca

ADOPTED this 20th day of May 2016 in Quezon City, Philippines.

(SGD.) MEL SENEN S. SARMIENTOSecretary, DILG and Chairman, NAPOLCOM

ATTY. ROGELIO T. CASURAOCommissioner

(SGD.) FELIZARDO M. SERAPIO, JR.Commissioner

(SGD.) JOB M. MANGENTECommissioner

(SGD.) ZENONIDA F. BROSASCommissioner

(SGD.) RICARDO C. MARQUEZCommissioner

Attested by:

(SGD.) ADELMALYN A. MUNIEZAChief, NAPOLCOM Secretariat