PNP Comprehensive Internal Disciplinary Mechanism

October 3, 2016

PNP MEMORANDUM CIRCULAR NO. 062-16

PNP COMPREHENSIVE INTERNAL DISCIPLINARY MECHANISM

1. REFERENCES:

a. NAPOLCOM Memorandum Circular No. 2016-002 dated March 7, 2016 re: Revised Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police;

b. PNP Manual-DO-DS-3-3-15 (Managing Patrol Operations Manual-June 2015);

c. PNP Manual-DPRM-14-01 (Compendium on Disciplinary Policies with Quick Guide-2014);

d. PNP Memorandum Circular No. 2013-020 (PATNUBAY III);

e. PNP Pre-Charge Evaluation and Summary Hearing Guide (PNP Internal Discipline Mechanism) 2011;

f. Revised Rules on Administrative Cases in the Civil Service (RRACCS) dated November 21, 2011;

g. DPRM Discipline, Law and Order Manual dated January 20, 2009;

h. Letter of Instructions No. 21/08 (PATNUBAY II) dated April 30, 2008;

i. NAPOLCOM Memorandum Circular No. 2007-001 dated March 6, 2007;

j. Letter of Instructions (PATNUBAY) dated July 31, 1998; and

k. RA No. 6975 as amended by RA No. 8551 dated February 25, 1998, and further amended by RA No. 9708.

2. RATIONALE:

This Memorandum Circular (MC) provides clear and simplified guidelines and procedures on disciplinary mechanism to be observed by the Philippine National Police (PNP) and Internal Affairs Service (IAS).

3. SITUATION:

Despite the presence of other disciplinary bodies such as NAPOLCOM, OMBUDSMAN, People's Law Enforcement Board (PLEB),Civil Service Commission (CSC),and regular courts that govern the PNP, the number of administrative cases both disciplinary and non-disciplinary in nature increases. Also, despite the increasing number of PNP personnel involved in various grave offenses who were dismissed from the service, still some PNP personnel continue to commit the same offenses. CAIHTE

4. PURPOSE:

This PNP MC simplifies the present disciplinary mechanism that is being observed by the PNP and IAS. Also, this MC shall specify the authority to investigate the complaint, the period to resolve and dispose administrative complaints/charges pursuant to R.A. No. 6975 as amended by R.A. No. 8551 and implemented by NMC No. 2016-002, the intervention to be administered to individual personnel depending on the status and nature of offenses, and a system of monitoring of individual personnel to determine their fitness to continue their police service.

5. OBJECTIVES:

a. To simplify the disciplinary procedure and delineate the jurisdiction of offenses between PNP and IAS to facilitate the resolution of administrative cases;

b. To strengthen the coordination system between and among the disciplinary bodies;

c. To initiate an intervention program to prevent the increasing number of personnel committing breach of internal discipline and criminal offenses;

d. To initiate an intervention program to reform the penalized personnel and reintegrate them back to the PNP mainstream with proper doctrine and values; and

e. To create an office which shall be dedicated solely to monitor and track all the actions, activities, and behavior of personnel affecting the PNP operation and administration.

6. SCOPE:

This PNP Comprehensive Internal Disciplinary Mechanism shall institutionalize the simplified disciplinary procedure and facilitate disciplinary actions which shall be adopted by the PNP and IAS.

7. DEFINITION OF TERMS:

a. Absence without Official Leave (AWOL) — in general, it refers to the status of any official or employee who absents himself from work without an approved leave of absence.

b. Acknowledgement Receipt of Equipment (ARE) — a document used to acknowledge the receipt of property and equipment for official use from the "Property Officer."

c. Administrative Officer — refers to the Administrative Officer of the Command Group, Directorial and Personal Staff in the National Headquarters, Regional Headquarters, National Support Units, and Provincial Headquarters down to the lowest level of every office/unit in the District, City, Municipal police stations, and sub-stations.

d. Answer — a pleading in which a respondent or other adverse party sets forth the negative and affirmative defenses upon which he/she relies.

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

f. Applicant — refers to any PNP uniformed personnel charged with a case arising from an incident related to the performance of his/her official duty who is requesting direct legal representation under this MC.

g. Authorized Lawyer — refers to a PNP lawyer authorized to provide direct legal representation in accordance with PNP MC No. 2012 LS-001 as amended by PNP MC No. 2016 LS-2014.

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

i. Case Monitoring and Clearance System (CMCS) — a central database of administrative and criminal cases, and clearances of the PNP.

j. Certificate of Finality — it is a written document issued by the Disciplinary Authority when there is finality of decision as provided in NMC No. 2016-002.

k. Certificate of Implementation — it is a written document issued by the Disciplinary Authority concerned certifying that an Order, Decision or Resolution is subject for implementation either because of the denial of an MR, or pendency of an appeal from an Order or Decision with a penalty or the absence of a Temporary Restraining Order (TRO),Preliminary Injunction or Prohibition.

l. Citizen's Complaint — a complaint initiated by a natural or juridical person or his/her 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.

m. Chief/Head of Office — refers to the highest ranking PNP Officer-in-Command of the PNP office/unit, to include the Directorial and Personal Staff.

n. Commission — shall refer to the National Police Commission as constituted pursuant to Republic Act No. 6975 as amended.

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

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

q. Conduct Unbecoming of a Police Officer — any act or behavior of a police officer, irrespective of rank, done in his/her official or private capacity which, in dishonoring or disgracing himself/herself as a police officer, seriously compromising his/her character and standing in the PNP in such a manner as to indicate vitiated or corrupt state of moral character which shows his/her unworthiness to remain in the police service.

r. Courts — refer to the trial and appellate courts including the Sandiganbayan.

s. Criminal Case — refers to a case involving crimes and offenses defined under the Revised Penal Code of the Philippines and under special penal laws.

t. Decision — the written disposition of the disciplinary authority or appellate body stating clearly the facts and the law upon which it is based.

u. Delinquency Report — refers to a report which cites the minor infraction(s) committed by the police personnel, the format of which is prescribed in this MC.

v. Demerit — a mark in numerical value made against a police personnel committing a minor infraction; (Demerit System Matrix and Sample Delinquency Report Form are hereto attached as Annexes "A" and "B," respectively and are made as integral part of this MC).

w. Direct Legal Representation — refers to the appearance of an authorized PNP lawyer before the prosecutor's office, the court, or any competent body on behalf of a qualified applicant in a service-connected case, including the preparation of pleadings, the rendition of legal advice, and the performance of other legal services.

x. Disciplinary Authorities — shall refer to the city or municipal mayors; chiefs 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; National Police Commission (NAPOLCOM).

y. Equivalent Supervisors — 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 RA No. 6975, as amended.

z. Dropping from the Rolls — a non-disciplinary administrative sanction by which the name of the PNP personnel is deleted from the roster of personnel.

aa. Finality of Decision — there is finality of Decision when upon the lapse of 10 days from receipt of notice of such Decision, no Motion for Reconsideration (MR) or appeal has been filed in accordance with NAPOLCOM Memorandum Circular No. 2016-002.

bb. Formal Charge — a complaint initiated before any of the disciplinary authorities or IAS after finding the existence of probable cause.

cc. 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.

dd. Individual Performance Evaluation Rating (IPER) — used to assess the performance of PNP personnel in terms of his/her contribution to the attainment of the PNP mission and vision, his/her skills, competencies, and attitude towards work.

ee. Intervention — refers to the programs to be initiated to prevent the commission of administrative cases and to subject the penalized/reinstated personnel to reformation programs and counter-intelligence measures.

ff. Immediate Supervisor — refers to the Police Commissioned Officer (PCO) who exercises direct administrative control and/or operational supervision over the applicant.

gg. IP Card — refers to the Individual Performance Card which indicates the name, position/designation, badge number of the uniformed personnel (UP) or plantilla (item number) of the Non-Uniformed Personnel (NUP) and the individual's specific duties and responsibilities and the accompanying enabling actions.

hh. Jurisdiction — the authority vested by law to hear and decide a case.

ii. Just Debt — shall apply only to claims with court adjudication or an obligation admitted by respondent.

jj. Legal Assistance Boards — refer to the Regional Legal Assistance Board (RLAB),National Support Unit Legal Assistance Board (NSU LAB),Legal Service Legal Assistance Board (LS LAB),the composition and functions of which are hereby revised.

kk. Legal Assistance Program — refers to all existing and future projects carried out by the PNP, through the PNP Legal Service and its various Legal Assistance Boards, to ensure effective and efficient implementation of Section 49 of RA No. 6975 as amended by Section 56 of RA No. 8551 such as Legal Consultation, Legal Counselling, Legal Lectures/Seminars, and "Panyerong Pulis 24/7."

ll. Loafing — an act of loitering or lazing around to pass the time or stand about idly or to hang about. aDSIHc

mm. Mandatory Drug Test — it is a drug test required or commanded by the authority to the PNP personnel in some instances, such as schooling, promotion, etc.,in order to detect the use of illegal or dangerous drugs.

nn. Minor Infractions — acts or omissions committed by a police personnel whether during office hours or beyond, as provided in the policy on Delinquency Report System.

oo. Minor Offense — any 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.

pp. Moral Turpitude — includes everything which is done contrary to justice, honesty, modesty, or good morals.

qq. 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.

rr. Notice — is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties.

ss. Next Higher Supervisor — refers to the Police Commissioned Officer (PCO),in the hierarchy, who exercises direct administrative control and/or operational supervision over the applicant and his/her immediate supervisor.

tt. Optional Retirement — retirement upon accumulation of at least 20 years of satisfactory active service upon the request of the PNP personnel and with the approval of the NAPOLCOM (Sec. 40 of RA No. 6975).

uu. Partner Legal Service Providers — refer to the entities that provide legal service to PNP uniformed personnel including, but not limited to, the Public Attorney's Office (PAO), in accordance with the guidelines provided under DOJ Department Circular No. 78 dated October 26, 2009 and PAO Memorandum Circular No. 002, series of 2010, dated January 27, 2010; the NAPOLCOM, in accordance with the guidelines provided under NAPOLCOM MC No. 2008-014 dated September 28, 2008; and the Integrated Bar of the Philippines (IBP), in accordance with the provisions of its existing Memorandum of Agreement (MOA) with the PNP dated February 20, 2006.

vv. Pending Administrative Case — refers to a case when the respondent PNP personnel had been formally charged before any of the disciplinary authorities or IAS; or an appeal is pending with any of the appellate bodies.

ww. Performance of Official Duty — refers to the performance of duties in good faith by PNP uniformed personnel in accordance with the law, PNP Police Operational Procedures, and other pertinent rules and regulations.

xx. PNP Personnel — pertains to uniformed and non-uniformed members of the PNP in active service.

yy. Probable Cause — refers to 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 investigating officer, that the PNP member complained of is liable for the administrative offense for which he/she should be formally investigated.

zz. Qualified Applicant — refers to any PNP uniformed personnel whose application for direct legal representation has been approved in accordance with PNP MC No. 2012 LS-001 as amended by PNP MC No. 2016 LS-2014.

aaa. Random Drug Test — a drug test conducted to PNP personnel without specific pattern, plan or order to detect the use of illegal or dangerous drugs.

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

ccc. Reglementary Period — is the period required by law 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.

ddd. Repeatedly Charged — 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.

eee. Reporting Officers — any personnel who is equal or senior in rank or grade to the offender, including all Administrative Officers and Chief Clerks/ESPOs, including Duty PCOs and PNCOs of the day of every office/unit, regardless of rank, in their respective jurisdiction, and Duty personnel of HSS stationed along hallways, pathways, driveways, camp premises, and the like within the PNP National Headquarters, and their equivalent in the PROs.

fff. Resolution — the written disposition of the disciplinary authority or appellate body resolving the motion for reconsideration of the aggrieved party, stating clearly the facts and the law upon which it is based.

ggg. Restrictive Custody — refers only to nominal restraint which is beyond the ambit of habeas corpus.It is neither actual nor effective restraint. It is a permissible precautionary measure to assure the PNP authorities that the police officer concerned is always accounted for.

hhh. Retirement (under Sec. 14 of RA No. 8551) — retirement of PNP personnel who are 50 years of age and above and have served the government for at least 20 years.

iii. Return to PNP Control — refers to the status of PNP personnel who, before the issuance of an order officially dropping him/her from the rolls, reported back to his/her unit and was restored to duty status without prejudice to disciplinary proceedings that shall be taken against him/her.

jjj. Service-Connected Case — refers to a criminal, civil, or administrative case filed against the applicant arising from an incident related to the performance of his/her official duty, wherein the PNP or its duly authorized agent is not the complainant.

kkk. Subpoena Ad Testificandum — a process directed to a person requiring him/her to appear and testify in an investigation or hearing.

lll. Subpoena Duces Tecum — a process directing a person to appear and bring with him/her books, documents or things under his/her control in an investigation or hearing.

mmm. Substantial Evidence — such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

nnn. Summary Hearing Officer — an officer designated by the disciplinary authority or IAS to conduct the formal hearing, and to submit a report of investigation.

ooo. Summary Proceeding — an expeditious administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent.

ppp. Summons — is a written notice informing the respondent that he/she is charged with an offense and directing him/her to file his/her Answer.

qqq. Suspension — a temporary cessation from work.

rrr. Termination Proceedings — the conduct of investigation or review of the case against any PNP member under temporary status (PO1/Technical and Line Lateral Officers) who manifested unsatisfactory conduct or performance or committed administrative offenses which could warrant termination of service.

sss. Visible Tattoos — refer to tattoos which are not completely covered by authorized PNP athletic t-shirt, shorts and GOA/uniform.

8. GUIDELINES:

a. Procedures:

Pursuant to R.A. No. 8551, the primary jurisdiction to conduct investigation and summary proceedings against PNP personnel is vested upon the PNP investigating units, IAS and other disciplinary bodies such as PLEB, NAPOLCOM, CSC, OMBUDSMAN, and regular courts. This MC is designed to simplify the administrative procedure being utilized by both the PNP and IAS, to have a delineated jurisdiction of offenses and to prescribe timeline/period to resolve the cases according to its nature. Also, to establish a coordination system between and among disciplinary bodies in order to consolidate and monitor all the administrative and criminal cases filed against PNP personnel nationwide. TIADCc

The Directorate for Personnel and Records Management (DPRM),Directorate for Investigation and Detective Management (DIDM),Directorate for Intelligence (DI),and Directorate for Human Resource and Doctrine Development (DHRDD) with all its functional groupings and IAS shall compose the "PNP Disciplinary Team." TDPRM shall be the overall chairman who shall oversee and direct all the activities of the PNP Disciplinary Team.

The framework for this Comprehensive Internal Disciplinary Mechanism shall consist of four stages, namely: Intervention, Investigation, Prosecution and Adjudication, and the Case Monitoring and Clearance. These stages are inter-related and feedback mechanism for adjustments and control are integrated in order to protect its credibility and integrity.

1) Intervention Stage covers both pro-active and reactive measures. This is the start of the disciplinary mechanisms where all newly appointed PNP personnel both Uniformed Personnel and Non-Uniformed Personnel shall be given programs in order to inculcate the sense of discipline in each individual personnel. Also, this stage shall include the initiation of activities to determine the compliance of PNP personnel with the continuing requirements provided by Section 14 under RA No. 8551 and other disciplinary policies as well as introduction of requirements to be complied by penalized/reinstated personnel to ensure professional fitness of PNP personnel in the performance of their duty. Further, this stage shall deal with the activities to be carried out to all penalized or exonerated PNP personnel.

a) Prevention Phase is an introduction of pro-active measures to prevent any commission of offenses or engagement in any illegal activities by and among PNP personnel:

a.1) All newly appointed PO1s/PINSPs/PSINSPs (Lateral Entry/PNPA) shall undergo a 3-day orientation on LOI SUGO and CMC PAGGABAY, LOI LUSOG KAISIPAN, and LOI PAMANA which includes Code of Conduct and Ethical Standards (RA No. 6713), Anti-graft and Corrupt Practices Act (RA No. 3019), Anti-Red Tape Act of 2007 (RA No. 9485), PNP Disciplinary Machinery, Civil Service Administrative Code, and other laws governing public officers;

a.2) All newly appointed NUP after oath-taking shall undergo a 3-day orientation on LOI SUGO and CMC PAGGABAY, LOI LUSOG KAISIPAN and LOI PAMANA which includes Code of Conduct and Ethical Standards (RA No. 6713), Anti-graft and Corrupt Practices Act (RA No. 3019), Anti-Red Tape Act of 2007 (RA No. 9485), PNP Disciplinary Machinery and Civil Service Administrative Code, and other laws governing public officers;

a.3) All newly appointed PINSPs/PSINSPs and PO1s who shall commit offenses while in temporary status shall be subjected to Termination Proceedings (NUP shall be governed by RRACCS) and shall not be recommended/endorsed for permanency of appointment until the final disposition of the case;

a.4) All RPHRDD/RPRMD/ARMD/Admin Personnel shall conduct monthly inspection to all PNP personnel for accounting of individual's well grooming, issued firearms, IP Card, Miranda Doctrine Card, and other uniform paraphernalia;

a.5) All PNP offices/units through Crime Laboratory Group (CLG) and Health Service (HS) shall conduct annual random drug test and neuropsychiatric examination among their personnel;

a.6) All PNP offices/units through its RPHRDD/ARMDs shall initiate annual stress management, values/spiritual enhancement and disciplinary policies seminars;

a.7) All head of offices/units shall monitor the activities of their respective personnel who are reportedly involved in illegal activities and illegal drugs and shall initiate appropriate actions to address or resolve the situation;

a.8) All personnel who shall be reported involved in illegal activities and illegal drugs shall be included in the watch list of Directorate for Intelligence (DI) and/or Intelligence Group (IG) for counter-intelligence monitoring; AIDSTE

a.9) All personnel who shall be found involved in illegal activities and illegal drugs as per report with substantial evidence validated by DI, DIDM, and IAS shall be immediately relieved from position and be appropriately charged;

a.10) All personnel who shall be found positive in drug test as per confirmed report submitted by CLG shall be immediately relieved from position and be appropriately charged;

a.11) All PNP personnel who shall be relieved from present assignment/designation/position shall conduct formal inventory of all records/documents/properties under his/her custody in the presence of his/her immediate supervisor and shall turn over the same to his/her successor in the position prior to the issuance of a property clearance;

a.12) All PNP personnel who shall be designated/assigned in a certain position shall conduct inventory to counter-check the records/documents/property of such unit and receive the same from his/her predecessor;

a.13) In case no inventory and proper turn-over has taken place, the successor has the duty to conduct the inventory and initiate appropriate charges against the predecessor;

a.14) All submitted Statement of Assets, Liabilities and Net Worth (SALN) shall be reviewed, validated, and evaluated by an ad hoc committee created by the CPNP for the purpose thereof;

a.15) All personnel shall be rated according to the accomplishment of targets as set in the scorecards, no personnel serving suspension or AWOL or detained or under restrictive custody or in floating status who has no accomplishment or scorecards shall receive "Very Satisfactory" rating in his/her IPER within the rating period or semester;

a.16) All personnel who are wounded in action and need prolonged medication, as per validation of HS, shall be given a "Very Satisfactory" rating in his/her IPER within the rating period or semester; and

a.17) All PNP personnel charged with service-connected cases as per validation, deliberation, and adjudication of Regional/NSU Legal Assistance Board, shall be given legal representation to be designated by Director, Legal Service.

b) Reformation Phase is the initiation of reactive measures wherein individual personnel charged with disciplinary and non-disciplinary actions shall undergo various activities depending on the resolution or penalty imposed by disciplinary/appointing authority:

b.1) All PNP personnel shall observe the Delinquency Report System and all personnel with more than 15 but not exceeding 20 demerits per month shall undergo "Balik sa Kampo" program in the Police Regional Office;

b.2) All PNP personnel with more than 20 demerits per month shall be administratively charged for simple neglect of duty;

b.3) All reinstated personnel (from dismissal, DFR or AWOL) shall be initially assigned in PHAU or its equivalent office in PROs/NSUs for maximum period of 30 days and undergo medical/neuropsychiatric examination and drug test as provided by RA No. 8551 as requirement for the restoration of pay, salary and allowances;

b.4) All reinstated personnel shall undergo a 3-day re-orientation on LOI SUGO and PAGGABAY, LOI LUSOG KAISIPAN, and LOI PAMANA which includes Code of Conduct and Ethical Standards (RA No. 6713), Anti-graft and Corrupt Practices (RA No. 3019), Civil Service Administrative Code, and other laws governing public officers as requirement for the assignment to operational field units;

b.5) All reinstated personnel shall be assigned only to operational field units within his/her PRO/NSU after undergoing basic training on operation and rendering one year patrol duties; AaCTcI

b.6) All reinstated personnel (AWOL/DFR) shall be qualified for promotion three years after the reinstatement provided that the qualification standard for promotion shall be observed;

b.7) All reinstated personnel shall not be allowed to return to former position or last assignment but instead be assigned to other field assignment within his/her respective PRO/NSU and shall be included in the list of personnel under Counter-Intelligence Monitoring;

b.8) All reinstated personnel with adjudication of being illegally dismissed by final judgment shall be exempted from rendering one year patrol duties and may be allowed to return to their former/last unit assignment;

b.9) All personnel exonerated from the administrative charge/s or reinstated (from dismissal or DFR) shall be subjected to counter-intelligence monitoring. This includes those PO1s/PCOs who were exonerated from Termination Proceedings;

b.10) All personnel who travel abroad without travel authority shall be administratively charged and shall be relieved from the position until the final disposition of the administrative case;

b.11) All personnel who shall be absent without official leave (AWOL) shall not receive any salary under the principle of "NO WORK, NO PAY" and the number of AWOL shall be deducted from the length of service with corresponding deduction in leave credits;

b.12) All decisions granting the Motion for Restoration (MR) on Dropped from Rolls (DFR) cases shall include that the respondent shall be subjected to physical and mental examination and drug test and shall be subjected to Pre-Charge Investigation and if probable cause exist be subjected to Summary Hearing Proceedings. Prior to the restoration of salary, pay and allowances, the respondent must have passed the drug test and NP examination. In case of non-compliance with the above requirements, he/she shall be separated or retired from the PNP pursuant to Section 14 of RA No. 8551, amending Section 30 of RA No. 6975 except if found positive for drugs;

b.13) Upon the return of the personnel who had been ordered Absent without Official Leave (AWOL),an order of return to active duty, not an order lifting the AWOL status, shall be issued. The order shall indicate that the subject is assigned to Personnel Holding and Accounting Unit (PHAU) or its equivalent office in the PROs/NSUs in compliance with the above provisions;

b.14) All reinstated personnel shall be accounted for firearms issued and other money/property accountability prior to his or her previous separation/dismissal from the service;

b.15) In case of restoration, the period of DFR shall be deducted from the years of service rendered and also be deducted from the leave credits earned by PNP personnel which shall negatively affect the SLL ranking of concerned personnel;

b.16) All "restrictive custody" orders shall be issued only by the duly authorized officer as provided under NMC No. 2016-002. Such order shall be terminated upon final disposition of administrative case or issuance of Warrant of Arrest by court of proper jurisdiction or upon issuance of order lifting the restrictive custody by the issuing authorized officer;

b.17) All respondents under restrictive custody shall be under the custody of Headquarters Support Service or its equivalent unit in the PROs which shall be responsible for the accounting and securing of the subject personnel;

b.18) In case the penalty of suspension is imposed, the respondent uniformed personnel shall turn in his/her issued firearm, ammunition and other paraphernalia covered by an acknowledgment receipt of equipment (ARE) to his/her immediate supervisor (COP/Division Chief/D, NSU, Group Leader) who will then indorse the said equipment to the Supply Accountable Officer (RSAO/DSAO/Logistics Officer) for safekeeping. The subject equipment shall only be re-issued to the suspended uniformed personnel upon the latter's return to active duty;

b.19) All first time offenders sanctioned by administrative penalties except dismissal/separation from service shall be prioritized to undergo one day stress management and spiritual counseling to be monitored by DLOD/DLOS;

b.20) All offenders repeatedly sanctioned by administrative penalties except dismissal/separation from service shall be assigned to PHAU/RHAU or any equivalent offices, for five days and shall undergo psychological assessment and evaluation, stress management and spiritual counseling, as requirement for their assignment to field units other than their former assignment/office (except NUP);

b.21) All personnel demoted in rank shall only be promoted to the next rank upon completion of appropriate time-in grade reckoning from the time of the attestation of demoted rank;

b.22) All personnel detained shall be issued an order of automatic leave of absence without pay by Chief, Admin and be accounted by PHAU or its equivalent office in the PROs/NSUs; and

b.23) All personnel promoted in ranks with pending criminal cases after found guilty by final judgment shall be subjected to the provisions of RA No. 9708.

2) Investigation Stage — shall include initial evaluation of the complaint as well as the immediate recording in the logbook, determination of jurisdiction, and referral for pre-charge investigation.

a) All personnel ordered AWOL or DFR shall be verified before the Bureau of Immigration (BI) for possible travel activities during the period of their unauthorized absences which will serve as basis in resolving a Motion to lift DFR/AWOL status or appeal for reinstatement. A positive finding from the BI of travel abroad without justifiable reasons during the period of his/her AWOL shall be a ground for the denial of the Motion/Appeal for Reinstatement; SDHTEC

b) Personnel on AWOL cases shall be referred for Pre-Charge Investigation and subjected to Summary Hearing Proceedings;

c) All anonymous letters or complaint letters or formal complaints shall be investigated, verified, and validated by the Investigation and Intelligence Section/s of offices/units for the determination of prima facie case;

d) All verified anonymous letters and complaint letters or formal complaints shall be processed by the Investigation Section of said office for immediate uploading to Case Monitoring and Clearance Section of DLOD, DPRM within 72 hours;

e) The investigator-on-case must ascertain the facts, determine the issues involved and identify the probable laws, rules and regulations violated and shall prepare the investigation outline;

f) The investigator shall assist the complainant in the preparation of his/her affidavit or request complainant to affirm his/her letter and reduce the same into an affidavit in case of a formal complaint;

g) The investigator of the case shall inform the complainant and the witness/es to appear and corroborate to substantiate the allegations in the complaint;

h) All necessary documentary and object evidence gathered during the investigation shall be submitted to the Pre-Charge Investigation Section of appropriate office of proper jurisdiction after five days upon receipt of the complaint;

i) All reported criminal charges filed against PNP personnel shall be referred to Investigation Section of appropriate office with proper jurisdiction with attached pertinent court records;

j) All complaints and reports against PNP personnel submitted and received by the Investigation Section of any PNP Offices/Units shall be recorded by respective DLOS and uploaded to Case Monitoring and Clearance Section of DLOD, DPRM within 72 hours;

k) The investigator shall refer the complaint to the following proper office:

WHERE COMPLAINTS MAY BE FILED
OFFICES	REVISED PENAL CODE	SPECIAL LAWS	BREACH OF INTERNAL DISCIPLINE
MUNICIPAL POLICE STATION (MPS) or Equivalent Office/Unit			Minor or Simple Offenses (1-15 days suspension)
PPOs, CPOs, Regional Offices, NSUs or Equivalent Office/Unit	Simple Offenses (Arresto Menor)	Simple Offenses (1-30 days imprisonment)	Minor or Simple Offenses (1-30 days suspension)
PROs or Equivalent Office/Unit	Less Grave Offenses (Arresto Mayor)	Less Grave Offenses (31-180 days imprisonment)	Minor/Simple, Less Grave and Grave Offenses
NSUs	- Simple Offenses (Arresto Menor)	- Simple Offenses (1-30 days imprisonment)	Minor/Simple, Less Grave and Grave Offenses
NHQ	- Less Grave Offenses (Arresto Mayor)	- Less Grave Offenses (31-180 days imprisonment)
IAS/RIAS/PIAS	Grave Offenses in violation of RPC and Special Laws in addition to Motu Proprio Authority provided in R.A. No. 8551

l) The IAS is tasked primarily to investigate, prosecute, and summarily resolve all administrative cases involving grave offenses under the Revised Penal Code (RPC) and special laws in addition to the offenses/circumstances which the IAS has motu proprio authority to investigate as provided in RA No. 8551;

m) The PNP and IAS may conduct parallel investigation on any offenses but in case of pre-charge investigation and summary hearing, the immediately preceding provision shall be observed but the final disposition or adjudication thereof shall be decided by the disciplinary authority as provided by R.A. 6975 as amended by R.A. No. 8551; and

n) Any complaint uploaded to Case Monitoring and Clearance Section of DLOD, DPRM shall be subject to close monitoring and proper coordination to facilitate the resolution and final disposition of complaint/s.

3) Prosecution and Adjudication Stage

a) All Pre-Charge Investigation (PCI) Reports shall be submitted and approved by the Disciplinary Authority or IAS;

b) All approved Pre-Charge Investigation Reports involving a Third Level Officer/s as respondent/s shall be forwarded by DLOD/DLOS to the Office of the President of the Republic of the Philippines through NAPOLCOM for the issuance of Presidential Clearance; AScHCD

c) All infractions and violations committed by newly appointed PNP personnel (recruit/lateral) in temporary status shall be subjected to termination proceedings as provided in NMC No. 2007-009 as amended by NMC No. 2011-001 and NMC No. 2011-004, and NMC No. 2008-006;

d) All Pre-Charge Investigation Reports pertaining to simple breach of internal discipline initiated in the MPS, CPOs, PPOs, and Regional Offices, NSUs or equivalent offices/units shall be submitted and approved by the respective Chief of Police, City Director, Provincial Director, and Regional Chief or equivalent supervisors, copy furnished the DLOS in the respective offices/units;

e) Only referral for PCI on simple offenses involving breach of internal discipline shall be taken cognizance by the Municipal Police Stations or equivalent offices/units. The C, PCI Section/Unit shall act as Prosecutor and the Deputy Chief of Police and the MESPO, shall be the Summary Hearing Officers (SHOs) for PCO and PNCO respondents;

f) Only referral for PCI on simple offenses involving breach of internal discipline and light offenses involving violation of RPC and special laws shall be taken cognizance by the PPOs, CPOs, Regional Offices, NSUs or equivalent offices/units. The Chief, PCI Section/Unit, of PIDMB shall act as Prosecutor and the Deputy, PD and Deputy, Provincial Staff and PESPO shall be the SHOs for PCO and PNCO respondents;

g) Only referral for PCI on simple offenses or less grave offenses or grave offenses involving breach of internal discipline and light offenses or less grave offenses involving violation of RPC and special laws shall be taken cognizance by PROs and NSUs or equivalent offices/units. The Chief, PCI Section of RIDMD or equivalent offices in NSUs/DPOs shall act as Prosecutor and the Deputy Chief, Regional Staff or its equivalent officer in NSUs/DPOs and RESPO or equivalent officer in NSUs/DPOs shall be the SHOs for PCO and PNCO respondents;

h) Only referral for PCI on simple offenses or less grave offenses or grave offenses involving breach of internal discipline and light offenses or less grave offenses involving violation of RPC and special laws shall be taken cognizance by NHQ. The Chief, PCIED of DIDM shall act as Prosecutor and the Command Group of NSUs/D-Staff/P-Staff and all the Division Chiefs and Section Chiefs in NHQ and CESPO shall be the SHOs for PCO respondents and PNCO respondents;

i) Only referral for PCI on grave offenses involving violation of RPC and special laws shall be taken cognizance by IAS/RIAS in addition to the authority provided by RA No. 8551;

j) The SHO for NUP respondent/s shall be the NUP supervisor of their respective offices (except for IAS organic personnel) while, the SHO of NUP supervisors shall be any PNP personnel higher in salary grade;

k) In no case that the SHO shall be lower in rank or salary grade than that of any of the respondents (except for IAS cases).The following are the SHOs and prosecutors in respective offices and units in addition to their functions and duties;

Offices/Units	SHOs	Prosecutors
Municipal Police Station,	Deputy Chief of Police,	C, Pre-charge
Provincial Public Safety	Station ESPO,	Investigation
Company, District Public	NUP Supervisor	Section/Unit
Safety Battalion
Police Provincial Office,	Deputy Provincial Director,	C, Pre-charge
Regional Public Safety	Deputy Regional Public Safety	Investigation
Battalion	Battalion, Chief of Provincial	Section/Unit
	Staff, PESPO, NUP Supervisor
City Police Office	Deputy City Director, Division	C, Pre-charge
	Chiefs, City ESPO, NUP	Investigation
	Supervisor	Section/Unit
Regional Units of NSUs	Deputy Regional Chief, Chief	C, Pre-charge
	Clerk, NUP Supervisor	Investigation
		Section/Unit
National Support Units	Division Chiefs, ESPO, NUP	C, Pre-charge
	Supervisor	Investigation
		Section/Unit
PROs, Regional Police	Regional Staff, Deputy Regional	C, Pre-charge
District Office	Staff, RESPO, NUP Supervisor	Investigation
		Section
National Headquarters	Command Group of D-	C, Pre-charge
	Staff/NSUs,	Investigation
	Division Chiefs, CESPO, NUP	Division
	Supervisor

l) All infractions committed by head of offices shall be subjected to investigation, prosecution and summary hearing proceedings by the next higher office or IAS provided the Summary Hearing Officer/s (SHOs) shall be higher in rank or salary grade; AcICHD

m) The SHOs shall not be involved in investigation, prosecution, and review of administrative cases to avoid conflict of interest;

n) In case the designated SHOs in the office/unit is the respondent or one of the respondents, his/her administrative case shall be referred to higher office for summary hearing proceedings and decision of next higher disciplinary authority;

o) The investigator shall in no case be designated as Prosecutor or Summary Hearing Officer or part of DLOS, the same with other members of the Disciplinary Team in a unit;

p) All the positions identified in the table below as Investigator, Prosecutor, and SHOs shall be in addition to the current duties and responsibilities. They shall form part of the Disciplinary Team in their respective unit;

Procedure	Disciplinary Team	Period
Evaluation of the Complaint	Investigator from PCEID, DIDM or its equivalent in	Maximum of 10 working days upon receipt of the complaint
- MPS	(Complaint Evaluation Report shall be approved by TDIDM or its equivalent officer in PROs/NSUs or IAS)
- PPOs/CPOs
- Regional Units of NSUs
- PROs
Pre-Charge Investigation Report	Prosecutors:	Maximum of 23 working days upon receipt of the counter-affidavit
- C, PCI Section/Unit in MPS	(MR shall be resolved within 15 days)
- C, PCI Section/Unit in PIDMBs
- C, PCI Section/Unit in NSUs
- C, PCI Section in RIDMD
- C PCIS in PCIED, DIDM
Summary Hearing	Summary Hearing Officers:	Assignment to SHO — 5 days from receipt and docketing of approved PCI report
- Deputy COP and MESPO in MPS
- Deputy PD/CD/RC, Deputy Provincial/City Staff/Division and PESPO/CESPO in PPO/CPO/RO, NSUs	Summons — within 3 days from receipt of the case
- Deputy Regional Staff and RESPO in PROs
- All PCOs and CESPO/ESPOs in D-Staff, P-Staff and NSUs	Answer — 7 working days from the receipt of summons
- NUP Supervisors
	Pre-hearing Conference — within 15 days from receipt of answer or lapse of the period to file answer
	Submission of Position Paper — within 15 days from the termination of Pre-Hearing Conference
	Clarificatory Hearing (if requested) — within 5 days from receipt of position paper
	Submission of report of investigation — within 30 days from the time the case is submitted for resolution
Review and Approval of Decision	Disciplinary Authority	Period to render Decision — 30 days from the receipt of Report of Investigation
Proof of service
- 10 days from the receipt of signed decision of disciplinary authority
Period to file MR
- 10 days from the receipt of copy of the decision
Period to resolve MR
- 15 days from the receipt of MR
Implementation of Decision
Recording, Monitoring and Issuance of Clearance	DLOD/DLOS	- 5 days from receipt of decision
(C, DLOS shall be the C, Admin of MPS, CPOs, PPOs and Regional Units of NSUs)
- Scanning of decision
- Drafting of correspondence
- Drafting of letters/referrals
- Issuance of orders
- Maintain database and generate statistics

q) All offices of the PNP and IAS shall observe the prescribed period set in each stage as presented in the table above. The DLOD/DLOS shall be primarily tasked to monitor compliance thereof;

r) Pre-Charge Investigation shall consist of docketing of the complaint, submission of counter-affidavit of the respondent, determination of probable cause and approval of the Pre-Charge Investigation Report and formal charge;

s) The complainants may file motion for re-investigation within three days upon receipt of resolution dropping and closing of the complaint for lack of probable cause;

t) The formal investigation shall consist of docketing of the formal charge, summons, submission of answer, pre-hearing conference, submission of position paper and one-time clarificatory hearing if necessary;

u) All referrals for Pre-Charge Investigation and Summary Hearing against uniformed and non-uniformed PNP personnel shall comply with due process of notice and opportunity to be heard; TAIaHE

v) In case of non-appearance of respondent uniformed and non-uniformed personnel despite due notice, the proceedings shall proceed ex-parte;

w) Any separation from PNP service due to death, resignation, AWOL, DFR, dismissal from other cases or retirement of the respondent/s shall not result in the automatic dismissal of administrative case but shall be resolved based on the merits of the evidence, provided that the administrative due process of notice and opportunity to be heard was afforded to the respondent/s;

x) No administrative case shall be sent to archive due to non-appearance of complainant/s or any reason of separation of respondent/s but instead it shall be resolved based on the evidence at hand;

y) All complaints filed for purely "non-payment of debt" should be accompanied by any documentary evidence proving that the obligation due is considered "just debt." As defined in the RRACCS "Just Debt" shall apply only to claims with court adjudication or an obligation admitted by respondent (the admission shall only apply for NUP);

z) All personnel subjected to random drug testing and found positive thereon, shall be subjected to the provisions of NMC No. 2016-002 and PNP MC No. 2016-057 in relation with Sections 15 and 28 of R.A. No. 9165 and shall be referred to IAS for investigation;

aa) All offices/units are allowed to form a "Board" in the conduct of disciplinary proceedings provided that the above jurisdiction of offenses and the period to resolve the administrative cases are strictly observed;

bb) All offices/units involved in administrative proceedings shall produce documentary records in triplicate and scanned copy thereof shall be maintained by said office and uploaded to Case Monitoring and Clearance Section of DLOD, DPRM within 72 hours;

cc) The DLOD/DLOS shall process and review the resolution submitted by SHOs or IAS and draft the decision for approval and signature of the disciplinary authority;

dd) The SHOs and IAS/RIAS shall submit the resolution with the complete records of administrative case to DLOD/DLOS in original form for purposes of review and drafting of decision and in no case shall a resolution be furnished to all parties;

ee) The DLOD/DLOS shall be given only five days per case to review and draft a decision and prepare the necessary endorsement to be signed by TDPRM/Chief, RPHRDD/RPRMD/ARMD/Admin;

ff) The review of resolutions submitted by SHOs or IAS/RIAS by Legal Service or its equivalent office in PROs/NSUs is not required unless referred by disciplinary authority for legal opinion;

gg) The Legal Service shall render legal opinion within 10 working days from the receipt of the administrative case to avoid delay in the disposition of the case;

hh) All signed administrative decision/s and resolution/s shall be served to both parties through proper mode of service by DLOD/DLOS, copy furnished the SHOs or IAS/RIAS;

ii) All signed administrative decision/s rendered involving a Third Level Officer/s as respondent/s shall be forwarded to NAPOLCOM for confirmation of the Office of the President of the Republic of the Philippines by DLOD/DLOS copy furnished the SHOs or IAS/RIAS;

jj) In all cases, only one Motion for Reconsideration (MR) is allowed to both parties, resolution of MR shall cause the issuance of Certificate of Implementation and corresponding implementing orders subject to the provision of preceding paragraph;

kk) All decisions on administrative cases signed by a Disciplinary Authority against a Uniformed PNP personnel shall be implemented upon the denial of his/her Motion for Reconsideration (MR) or after the expiration of the period within which to file an MR. Decisions against NUP shall be implemented pursuant to the provisions of Rule 12, RRACCS;

ll) All resolutions of MR shall be served to all parties in their present assignment/office/unit/address as reflected in their Police Personnel File (201 file); cDHAES

mm) All decisions of Disciplinary Authorities reversed by Appellate Bodies may be appealed by the delegated prosecution office/unit within the prescribed period upon receipt of the concerned prosecution office/unit;

nn) All Disciplinary Authorities shall issue a Certificate of Finality when no motion for reconsideration or appeal is filed by the respondent uniformed personnel within 10 days from receipt of a copy of the Decision by the party adversely affected;

oo) All summary dismissal cases under Section 42 of R.A. No. 6975 as amended by R.A. No. 8551 which the D, NSUs have already decided must be submitted to CPNP for confirmation;

pp) Summary dismissal cases under Section 42 of R.A. No. 6975 as amended by R.A. No. 8551 decided by District Directors, NCRPO must be submitted to RD, NCRPO for confirmation;

qq) In no case, an Officer-in-Charge (OIC) shall approve and sign administrative decision. The DLOD/DLOS has the responsibility to refer the administrative case/s to next higher office in case the Head of Office is only in OIC status; and

rr) All certificates of implementation or certificates of finality shall be submitted to DLOD/DLOS for issuance of implementing orders and for subsequent recording and uploading to Personnel Clearance System (PCS).

4) Case Monitoring and Clearance Stage

a) All complaints or reports against PNP personnel shall be submitted for initial evaluation and referred to proper Investigation Office/Unit/Section of MPS, CPOs, PPOs, PROs, NSUs, and IAS and immediately uploaded to Case Monitoring and Clearance Section of DLOD, DPRM within 72 hours DLOD, DPRM;

b) All criminal and administrative complaints filed before PLEB, NAPOLCOM, CSC, OMBUDSMAN, and regular court shall be consolidated by every DLOD/DLOS and be uploaded to Case Monitoring and Clearance Section, DLOD, DPRM;

c) All criminal and administrative complaints recorded and uploaded shall be regularly monitored by DLOD/DLOS;

d) Personnel charged with service-connected cases shall be referred to PNP Legal Service or its equivalent offices in PROs/NSUs for deliberation to avail legal assistance;

e) All decisions of PLEB, NAPOLCOM, and CSC received by DLOD shall be served to the concerned offices/units thru its DLOS, in case of Final and Executory decisions, the same shall be implemented accordingly by DLOD/DLOS copy furnished the concerned offices/units;

f) All decisions of the OMBUDSMAN received by DLOD shall be accordingly implemented copy furnished the concerned offices/units thru its DLOS;

g) All queries regarding the status of cases filed before the PNP, IAS, PLEB, NAPOLCOM, CSC, OMBUDSMAN, and regular courts against PNP personnel who are about to compulsorily retire within the 9-month period shall be checked and monitored by DLOD thru its DLOS to facilitate its resolution;

h) Pending administrative case shall not be a bar for mandatory training and promotion;

i) All reinstated personnel shall be referred by DLOD/DLOS to HS, CHS, HRAO, TS, CLG, and RSD, DPRM for the conduct of medical/neuropsychiatric examination and drug test and other intervention programs as well as for the assignment to field units other than their former/last assignment;

j) All exonerated personnel shall be referred by DLOD/DLOS to DI/IG for the conduct of continuous counter-intelligence monitoring to determine their possible involvement in illegal activities;

k) All sanctioned, penalized, suspended, and demoted personnel shall be referred by DLOD/DLOS to HS, CHS, HRAO, and TS for appropriate interventions;

l) All office orders regarding sanctioned personnel in relation with violation of DR System shall be uploaded to Case Monitoring and Clearance Section of DLOD, DPRM within 72 hours;

m) All the names of personnel who violated the DR System and received 16 demerits or more per month shall be consolidated by DLOS and the same shall be submitted to the DLOD/RPHRDD/RPRMD/ARMDs for inclusion in the list of personnel who will undergo "Balik sa Kampo" program at PROs;

n) All approved Decisions of Disciplinary Authorities against uniformed and non-uniformed personnel shall be scanned and submitted to DLOD through its field offices, DLOS in the MPS, PPOs, CPOs, PROs, NSUs, and District Offices of NCRPO;

o) All criminal and administrative cases decided by other disciplinary authorities shall be encoded by every DLOS in field offices/units and uploaded to the database of DLOD;

p) All subpoenas received by DLOD/DLOS shall be served to the concerned personnel, and their compliance shall be monitored. In case of failure to comply with the subpoena issued by court/quasi-judicial bodies, the DLOD/DLOS shall initiate the investigation against the concerned PNP personnel;

q) All offices responsible for providing interventions shall organize monthly schedules for the conduct of intervention programs and submit reports of those who completed the courses to DLOD for recording and further monitoring measures;

r) The DLOD, DPRM shall issue personnel clearance and certification through office to office transactions. No individual request shall be entertained by DLOD, DPRM without office/unit endorsement and certification of non-pending case;

s) All offices concerned in the processing for UN deployment, promotion, leave abroad, travel abroad, placement/designation, loan application and other personnel transactions that require DLOD clearance shall submit their request to DLOD, DPRM for record check and issuance of personnel clearance;

t) The DLOD through DLOS shall conduct quarterly validation of data on criminal and administrative cases filed against PNP personnel;

u) The DLOD shall generate CLEAN LIST of personnel with administrative cases, monitor all personnel who are repeatedly charged, and recidivists and subject them to appropriate interventions provided by this MC;

v) The DLOD through coordination with Records Management Division of DPRM shall transport the individual case records to the individual Personnel Data Sheet (PDS) of concerned personnel and all delinquency, administrative, criminal records of every PNP personnel shall be recorded in PAIS and reflected in the PDS of concerned personnel.

b. General Guidelines:

1) DPRM

a) OPR in the implementation of this MC; cTDaEH

b) Spearhead the adoption of "Lambat Sibat" concept in the administrative and criminal cases filed against PNP personnel;

c) Draft PNP Internal Disciplinary Manual covering all disciplinary policies, issuances, and directives issued by PNP, NAPOLCOM, CSC and other authorities;

d) Request and allocate funds for the incentives of SHOs, drafters, and reviewers involved in the preparation of decision and resolution of offenses to be approved and signed by CPNP;

e) Request and allocate funds for the publication and production of PNP Internal Disciplinary Manual to be distributed to all offices, units and SHOs, nationwide;

f) Conduct training on PNP Internal Disciplinary Mechanism with stress management and spiritual counseling in all PROs/NSUs every 2nd Quarter of the year;

g) Issue awards and incentives to all SHOs in all offices/units;

h) Responsible in maintenance of database and monitoring of criminal and administrative cases;

i) Implement the MC on PNP Personnel Clearance System; and

j) Perform other tasks as directed.

2) DIDM

a) Assist the DPRM in the implementation of this MC;

b) Request and allocate funds for the incentives of the investigators involved in the conduct of pre-charge proceedings pertaining to grave offenses;

c) Participate in the training of SHOs, PCIs, and DLOD's drafters and reviewers;

d) Include the PNP Internal Disciplinary Mechanism in the POI for investigation trainings; and

e) Perform other tasks as directed.

3) DC

a) Provide and allocate funds for the implementation of this MC; and

b) Perform other tasks as directed.

4) DI

a) Assist in the conduct of validation of all anonymous complaints and letters;

b) Conduct continuous counter-intelligence monitoring on all exonerated and reinstated personnel;

c) Conduct verification and case build-up on all personnel reportedly involved in illegal activities and illegal drugs; and

d) Perform other tasks as directed.

5) DO

a) Provide support in the implementation of this MC;

b) Assist in the deployment of all reinstated personnel to patrol duties in high-risk areas; and

c) Perform other tasks as directed.

6) DL

a) Provide logistical support in the monitoring of criminal and administrative complaints by DLOD/DLOS;

b) Provide logistical support in the conduct of DR inspection by Disciplinary Teams of DPRM/RPHRDD/RPRMD/ARMD;

c) Provide support in the implementation of this MC; and

d) Perform other tasks as directed.

7) DPCR

a) Assist in the monitoring of the implementation of this MC; and

b) Perform other tasks as directed.

8) DICTM

a) Provide technical support in the maintenance of case monitoring and clearance system program; and

b) Perform other tasks as directed.

9) DHRDD

a) Initiate the monthly conduct of "Balik sa Kampo" in NHQ and PROs through TS;

b) Draft POI for "Balik sa Kampo" in coordination with DPRM, TS, CHS, HS, HRAO, and IAS;

c) Initiate the conduct of monthly training on internal disciplinary machinery; and cSaATC

d) Perform other tasks as directed.

10) PNP TS

a) Schedule the monthly "Balik sa Kampo" trainings/seminars in NHQ/PROs;

b) Coordinate with DHRDD for the inclusion of LOI SUGO/CMC PAGABAY, LOI LUSOG KAISIPAN, and LOI PAMANA in the POI for "Balik sa Kampo";and

c) Perform other tasks as directed.

11) IAS

a) Assist TDPRM in the implementation of this MC;

b) Assist in the monitoring of all administrative and criminal cases initiated by their office and its field offices;

c) Submit resolution with original complete records and soft copy for review of the proper disciplinary authority;

d) Observe the periods set for the resolution of administrative cases;

e) Provide lecturers for the conduct of seminar on the PNP Internal Disciplinary Mechanisms; and

f) Perform other tasks as directed.

12) HS

a) Conduct mental and physical examination to all reinstated from AWOL or DFR PNP personnel and on all repeatedly charged/penalized personnel;

b) Schedule and conduct annual random mental and physical examination to all PNP personnel;

c) Schedule monthly LOI LUSOG KAISIPAN and stress management seminar to all penalized PNP personnel in coordination with DHRDD; and

d) Perform other tasks as directed.

13) CLG

a) Schedule annual random drug test to all newly appointed PNP personnel;

b) Schedule drug test to all reinstated personnel; and

c) Perform other tasks as directed.

14) CHS

a) Schedule monthly LOI SUGO/CMC PAGABAY and spiritual counseling to cater to all reinstated, penalized, and repeatedly charged personnel;

b) Coordinate with DHRDD for the inclusion of LOI SUGO/CMC PAGABAY in the POI for "Balik sa Kampo";and

c) Perform other tasks as directed.

15) HRAO

a) Initiate the conduct of Human Rights Training to all newly appointed PNP personnel;

b) Coordinate with DHRDD for the inclusion of LOI PAMANA in the POI for "Balik sa Kampo";

c) Initiate inclusion of HR module in the mandatory trainings of PNP personnel; and

d) Perform other tasks as directed.

16) LS

a) Assist in the implementation of this MC;

b) Strengthen the NLAB/RLAB for service-connected cases;

c) Coordinate with DLOD for the inclusion of Legal Assistance Module in the Training/Workshop of the SHOs, Evaluators, Investigators, and Drafters;

d) Provide lecturers on Disciplinary Procedure; and

e) Perform other tasks as directed.

17) PCRG

a) Provide support in the dissemination of this MC to all PNP offices/units; and

b) Perform other tasks as directed.

18) CIDG

a) Initiate case build-up and in-depth investigation to all complaints of illegal activities against PNP personnel;

b) Initiate appropriate administrative charges on all PNP personnel charged with criminal cases;

c) Coordinate with local courts to extract data on PNP personnel with criminal charges and submit the same to DPRM for case monitoring and clearance system; and cHDAIS

d) Perform other tasks as directed.

19) PIO

a) Provide assistance in the implementation of this MC; and

b) Perform other tasks as directed.

20) ITMS

a) Provide technical assistance in maintenance of case monitoring and clearance system program; and

b) Perform other tasks as directed.

21) HSS

a) Submit monthly reports on all PNP personnel reinstated and assigned at PHAU or its equivalent office;

b) Submit monthly reports on all PNP personnel relieved for cause and assigned at PHAU or its equivalent office;

c) Submit monthly reports on the status of those under restrictive custody;

d) Initiate Attrition of all PNP personnel (floating status) assigned at PHAU or its equivalent office for two years or more; and

e) Perform other tasks as directed.

22) PROs/NSUs

a) Prepare their respective IMPLAN to this MC;

b) Create DLOS under the supervision of RPHRDDs/RPRMD/ARMDs;

c) Create DLOS in every PPO, CPO, and MPS and provide computer equipment, facilities, and office space to ensure the immediate uploading of all incidents involving PNP personnel;

d) Submit the names of DLOS personnel to DPRM for consolidation and monitoring of their assigned functions in this MC;

e) Issue directive to ensure the timely uploading of every incident involving PNP personnel thru DLOS;

f) Conduct quarterly "Balik sa Kampo" training in coordination with DHRDD for POI and instructors from CHS, HRAO, and HS;

g) Initiate inventory of personnel who are assigned in admin holding (in floating status) for two years or more and initiate attrition proceedings as provided by NMC No. 2008-005;

h) Request for funds for the equipment needed for the establishment of online database of administrative and criminal cases;

i) Submit an inventory of scanned, approved and signed decisions complete with pertinent attachments;

j) Request for continuous unit training, stress management seminars and enhancement training for all SHOs, drafters and reviewers of DLOS; and

k) Perform other tasks as directed.

c. Coordinating Instructions:

1) Delegation of Authority — The CPNP hereby orders/delegates his authority to the following:

a) IAS as primary office to conduct investigation, Pre-Charge investigation and summary hearing proceedings of all grave offenses in violation of Revised Penal Code and special laws in addition to the motu proprio authority/power of IAS as provided in R.A. No. 8551;

b) The DIDM or its equivalent office in PROs/NSUs and IAS shall be the approving authority of Complaint Evaluation Report. Further, the said office shall serve as prosecutor in all administrative cases that will initiate appellate action in case of reversal of the administrative decision by appellate bodies; and

c) DLOD/DLOS shall act as the primary office to process all reports of investigation of SHO and IAS/RIAS, draft the decision for signature of Disciplinary Authority, serve the decision to parties, resolve the MR filed by the respondent and implement the decision.

2) All administrative adjudications involving NUP shall be approved by the appointing authority pursuant to RRACCS;

3) The DPRM shall spearhead the restructuring of DLOD and creation of Case Monitoring and Clearance Section (CMCS).The DLOD/DLOS functions shall be strengthened through the establishment of DLOS in all police stations, PPOs, CPOs, PROs, and NSUs; ISHCcT

4) The DPRM through DLOD is hereby authorized to coordinate with concerned offices for verification and issuance of one national clearance for all PNP personnel purposely for promotion, transfer, placement, leave abroad, official travel abroad, UN deployment, restoration, and retirement as part of simplification of processing of necessary documents;

5) All PROs/NSUs and IAS/RIAS are hereby directed to provide personnel, office space, facility, and computer equipment solely dedicated in monitoring and recording all administrative/criminal cases filed against PNP personnel;

6) The approved plantilla for NUP intended for Case Monitoring and Clearance System Encoders shall be appropriated to DLOD/DLOS/IAS to fill up the personnel requirements of said units;

7) All the SHOs, PCIs/Investigators and DLOD/DLOS personnel including the corresponding officers in IAS shall receive appropriate incentives or awards/medals upon completion of at least 75% of complaints/cases received within the Calendar Year;

8) The DPRM thru DLOD shall be tasked to initiate lateral coordination with DOJ, OMBUDSMAN, CSC, NAPOLCOM, PLEB, and IAS to monitor all cases filed before their offices against PNP personnel;

9) The DPRM shall be the OPR for the grant of appropriate incentives/awards/medals to all the members of Disciplinary Teams every first week of December of Calendar Year; and

10) HS, HRAO, CHS, and other offices which will conduct the above enumerated trainings/seminars shall submit their respective Program of Instruction and budget requirements to DPRM for consolidation and submission of the same to DHRDD for approval of the CPNP through the concurrence of TUC and Command Group.

9. PENALTY CLAUSE:

Any violation of this MC shall be dealt with in accordance with existing disciplinary policies. The violator's direct supervisor or the field commander shall be administratively charged under the doctrine of command responsibility.

10. RESCISSION:

All existing PNP directives and other issuances which are contrary to or inconsistent with the provisions of this MC are hereby rescinded or modified accordingly.

11. SEPARABILITY CLAUSE:

Any portion of this MC inconsistent with the organic law or declared unconstitutional shall not affect the validity of other provisions.

12. EFFECTIVITY:

This MC shall take effect after 15 days from filing of a copy thereof at the UP Law Center in consonance with Section 3, Chapter 2, Book VII of the Executive Order No. 292 otherwise known as the "Revised Administrative Code of 1987," as amended.

(SGD.) RONALD M. DELA ROSAPolice Director General