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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION DILG-NAPOLOOM Center, EDSA Corner Quezon Avene, ‘West Triangle, Quezon City MEMORANDUM CIRCULAR NO, 2016-002 REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE, Pursuant to Republic Act No. 6975 otherwise known as the “Department of the Interior and Local Government Act of 1990” as amended by Republic Act No. 8551 otherwise known as the “Philippine National Police Reform and Reorganization Act of 1998’ the provisions of NAPOLCOM Memorandum Circular No. 2016-002 (NMC 2016-002) are hereby prescribed and promulgated. RULE 1 PRELIMINARY PROVISIONS Section 1. Title ~ These Rules shall be known and cited as the Revised Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police. Section 2. Scope and Application. - These Rules shall apply to all administrative cases filed against uniformed members of the Philippine National Police (PNP) before the different administrative Disciplinary Authorities and the Internal Affairs Service (LAS). Section 3. Construction. ~ These Rules shall be liberally construed to attain just and expeditious disposition of administrative complaints and cases against PNP members, ensure public accountability and utmost discipline in the police service. Section 4, Nature of Proceedings. — The investigation and hearing before the administrative Disciplinary Authorities and the IAS shall be summary in nature and shall not strictly adhere to the technical rules of procedure and evidence applicable in judicial proceedings. The provisions of the Civil Service Law, Rules and Regulations as well as the Revised Rules of Court shall be suppletorily applicable. PARTI ADMINISTRATIVE DISCIPLINARY AUTHORITIES, INTERNAL AFFAIRS SERVICE, APPELLATE BODIES, AND THEIR RESPECTIVE JURISDICTION RULE 2 GENERAL PROVISIONS Section 1. Definition of Terms. ~ As used in these Rules, the following terms shall be understood to mean as follows: b) d) e) 2) Page 20f37| Answer — a responsive pleading containing the respondent's negative and affirmative defenses; Appeliate 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 (SLLG); and the Civil Service Commission (CSC); Breach of Internal Discipline ~ any offense committed by a member of the PNP involving “minor offense” affecting the order and dit ipline 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; Citizen's 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; Commission ~ shall refer to the National Police Commission; Complaint — 2 written and swom statement regarding a wrong, grievance or injury sustained by a person; 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; 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; 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); 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 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 . Chief, Police Station of Manila Police District and Quezon City Police District Page 30837 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 4, Chief, Regional Operational Support Unit 3. Regional Director a, Director, Police District Office, National Capital Region Police Office b. Director, National Administrative Support Unit 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; }) 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 Diseipli the Office of the Ombudsman; y Authorities, the Internal Affairs Service and 0) Jurisdiction — the authority vested by law to hear and decide a case; p) Moral Turpicade~ includes everything which is done contrary to justice, honesty, modesty, or good morals. It is an act of baseness, vileness or depravity im 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. 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; +) Pending Case — refers to a case when the respondent has been formally charged before any Disciplinary Authority or LAS or the Office of the Ombudsman; or an appeal is pending with any of the Appellate Bodies;