1. What is the Internal Affairs Service?
2. Who is the head of this office?
3. Is judge Canonizado a civilian?
4. What is the status of IAS in relation to the PNP?
5. What are the powers of IAS?
6. How does one become a member of IAS?
7. Who appoints the members of the IAS?
8. How about the civilian components of IAS?
9. What exactly is the disciplinary mechanism in the IAS?
10. In what particular instances may a PNP member be dismissed from the service?
11. More specifically, what are these cases?
12. What liability has the supervisor or superior of the erring PNP member, if any?
13. Does the IAS performs similar functions as the People’s Law Enforcement Board (PLEB)?
14. What are the incentives provided by law joining the IAS?
15. What is the organization/composition of IAS?
16. What are the special features of IAS as an organization?
17. What are the major functions of the IAS?
18. Under the investigation and adjudication function if the IAS, does the IAS have prescribed rules of procedure?
19. Under the audit and inspection function of the IAS, how does it relate to the same function of NAPOLCOM?
20. What is the organizational structure of the IAS?
21. What is the clear intent of the Congress in creating the IAS?
22. Does the IAS have any authority to investigate a citizen’s complaint?
23. Where can a person, who wants to file a complaint against a PNP member, go in order to seek redress?
24. Can a complainant initiate a complaint against a PNP member without the assistance of counsel?
25. Is it necessary for a complainant to be assisted by counsel during the formal hearing of his complaint?
26. Can the IAS on its own initiative, conduct investigation of a PNP member?
27. Can the disciplinary authority in the PNP revise the decision of IAS?
28. What is the liability of a disciplining authority who fails to act or who acts with abuse of discretion on the recommendation of IAS in the imposition of penalty?
29. Where can a complaint against an IAS personnel or office be brought?
30. How does one become a member of IAS?
31. What are the prohibitions on PNP members who join the IAS?

 

1. What is the Internal Affairs Service?

It is an agency of the Philippine National Police created pursuant to the provisions of Title V, Republic Act 8551 otherwise known as the “PNP Reform and Reorganization Act of 1998”.

2.Who is the head of this office?

The head of the office is Judge Alexis Cortez Canonizado, a lawyer, former Senior State Prosecutor of the Department of Justice, Regional Trial Court Judge and Commissioner of the National Police Commission. His position title is Inspector.

3. Is judge Canonizado a civilian?

RA 8551 explicitly provided that the head of IAS must be a civilian if only to stress the civilian character of the police service. This is the first in the history of the police organization that a civilian is appointed Inspector General.

4. What is the status of IAS in relation to the PNP?

Executive Order No. 101 mandates that the IAS is the institutional watchdog for the PNP organization in the campaign against all forms of misconduct in the police service. It is accorded the status of an independent, impartial and objective investigative and adjudicatory body within the PNP as provided under Sec. 3 of Executive Order No. 101.

5. What are the powers of IAS?

Generally, the IAS is empowered to inquire into the state of discipline, efficiency, economy, training, morale and readiness of the PNP organization.

Specifically, the IAS exercises the following powers and functions as enumerated in Section 39, RA 8551:

The Internal Affairs Service also conducts motu-propio automatic investigation of the following cases:

6. How does one become a member of IAS?

Entry to the IAS is voluntary and subject to rigid screening where only PNP personnel who have at least five (5) years experience in law enforcement and who have no derogatory records shall be considered. Members of the bar may enter the service laterally.

7. Who appoints the members of the IAS?

 Initial appointments of the heads of offices in the IAS shall be made by the President. Thereafter, appointments and promotions shall be made by the Inspector General based on a career pattern and criteria to be promulgated by NAPOLCOM.

8. How about the civilian components of IAS?

Appointments of non-uniformed personnel to the IAS shall be made by the Inspector General either from within or without (outside) the PNP organization.

9. What exactly is the disciplinary mechanism in the IAS?

The pre-charge investigation is conducted by the Provincial/District IAS. Its findings/recommendations are submitted to the Regional IAS for review. Once a probable cause is found to exist, the Regional IAS will conduct summary hearings and thereafter, decide the case. Decisions of the Regional IAS is subject to appeal to the National IAS and the decisions of the latter are appeasable to the National Appellate Board of NAPOLCOM or to the Court as may be appropriate.

10. In what particular instances may a PNP member be dismissed from the service?

Once found culpable for violation of any of the cases mentioned in Sec. 39, RA 8551 as well as other administrative offenses provided under NAPOLCOM Memorandum Circular No. 93-024, and other existing laws and Civil Service Rules and Regulations.

11. More specifically, what are these cases?

Under Sec. 39, RA 8551, these cases are:

Under NAPOLCOM Memorandum Circular No. 93-024, these cases are:

12. What liability has the supervisor or superior of the erring PNP member, if any?

The immediate superior or supervisor of the erring PNP member shall be included in the investigation to determine lapses in administration and supervision.

13. Does the IAS performs similar functions as the People’s Law Enforcement Board (PLEB)?

The IAS exercises concurrent jurisdiction with the PLEB as decided in the case of Albao vs. Henry Mendoza et. al., CA-G.R. SP.58225. However, the summary dismissal powers of the Chief, PNP and PNP Regional Directors under Sec. 42, RA 6975 shall remain valid.

Also, in the case of Rudy L. Celis vs. Regional Internal Affairs Service (CA G. R. No. SP72845, March 28, 2003), the Court held that the IAS has the mandate, among others, to investigate complaints and gather evidence in support of an open investigation, conduct summary hearings on PNP members facing administrative charges; and to hear and decide the case.”

14. What are the incentives provided by law joining the IAS?

These are:

15. What is the organization/composition of IAS?

The IAS is organized in the national, regional and provincial levels. The national IAS is headed by the Inspector General. He is assisted by the Deputy Inspector General with the rank of Police Director while the regional IAS offices maybe headed by a Police Chief Superintendent, Police Senior Superintendent pr Police Superintendent. The provincial offices of IAS shall be headed by a Superintendent.

16. What are the special features of IAS as an organization?

Under RA 8551, the IAS has:

 

Under Executive Order No. 101, the IAS is mandated to formulate, develop and maintain the following programs:

17. What are the major functions of the IAS?

 The IAS under RA 8551 has three (3) vital functions namely:

 18. Under the investigation and adjudication function if the IAS, does the IAS have prescribed rules of procedure?

Yes. On September 14, 2000, the Inspector General issued the Interim Guidelines in the Conduct of Investigation and Disposition of Administrative Cases against PNP Members which provides the guidelines under which an erring PNP member maybe administratively charged and proceeded against. However, on December 11, 2002, the National Police Commission has issued Memorandum Circular No. 2002-013 prescribing the rules of procedure in the investigation and disposition of administrative proceedings.

19. Under the audit and inspection function of the IAS, how does it relate to the same function of NAPOLCOM?

 The IAS shall conduct inspection and audit of PNP personnel and units principally for the purpose of determining the state of behavioral discipline of personnel and operational preparedness of PNP units.

The Inspection Monitoring and Investigation Service (IMIS) of NAPOLCOM is focused on determining the state of effectiveness of all levels and units of the PNP organization and the degree of compliance with establish policies and standards of the police service as promulgated by the Commission.

20. What is the organizational structure of the IAS?

The IAS is organized in the national, regional and provincial levels. The national office is composed of the Office of the Inspector General and the Office of the Deputy Inspector General. Its staff offices are:

The Regional IAS Office is composed of the Regional Director and Deputy Regional Director. Its staff office are:

21. What is the clear intent of the Congress in creating the IAS?

 The philosophy and clear intent of Congress in creating the IAS is to establish an agency that is independent and autonomous with its own separate hierarchy and career path for its members. Based on their studies, they found out that the most effective and successful mechanism in the discipline of police officers used in other countries is the creation of a police within a police. It was on June 1, 1999, when NHQ PNP issued General Order No. DPL 99-004 dated June 1, 1999, for the organization and operationalozation of the IAS. The order also deactivated the Inspectorate and Internal Affairs Office (IIAO) in the various PNP offices nationwide. In turn, IG IAS issued Staff Memorandum Nos. 99-001, 99-002, 99-003 and 99-004 to constitute the IAS Interim Offices at the national, regional, provincial/district/city levels.

22. Does the IAS have any authority to investigate a citizen’s complaint?

 Yes. There is no express prohibition under the law precluding the IAS from taking cognizance of a citizen’s complaint. The law provides that the IAS shall investigate complaints and gather evidence in support of an open investigation and to conduct summary hearings of PNP members facing administrative charges without any qualifications or distinctions.

23. Where can a person, who wants to file a complaint against a PNP member, go in order to seek redress?

He can lodge his complaint against any pnp member before the District Internal Affairs Service in Metro Manila or before any of the provincial/city or regional offices of the IAS nationwide where the offense was committed. He can also file his complaint directly with the Prosecution Division, Internal Affairs Service, Camp Crame, Quezon City.

24. Can a complainant initiate a complaint against a PNP member without the assistance of counsel?

Yes. Any person who has a valid complaint against any PNP member will be assisted by any IAS investigator on duty in any of the IAS offices nationwide.

25. Is it necessary for a complainant to be assisted by counsel during the formal hearing of his complaint?

It is not necessary as the IAS prosecutor assigned to the case or, in his absence, the Summary Hearing Officer will assist in the complainant in the presentation of his evidence. Similarly, a respondent who is not represented by the counsel will be assisted by the IAS Summary Hearing Officer.

26. Can the IAS on its own initiative, conduct investigation of a PNP member?

 Yes. The IAS can conduct motu-propio, automatic investigation of several incidents without the need of any directive or order from higher headquarters of the PNP as provided under Section 39 of RA 8551.

27. Can the disciplinary authority in the PNP revise the decision of IAS?

 Recommendations of the IAS in the imposition of disciplinary measures against an erring PNP personnel, once final, cannot be revised, set aside, or unduly delayed by any disciplining authority without just cause.

28. What is the liability of a disciplining authority who fails to act or who acts with abuse of discretion on the recommendation of IAS in the imposition of penalty?

Any disciplining authority who fails to act or who acts abuse of discretion on the recommendation of IAS in the imposition of penalty shall be made liable for gross neglect of duty.

29. Where can a complaint against an IAS personnel or office be brought?

A complaint against any personnel or office of IAS shall be brought to the Inspector General’s Office or to the Commission as may be appropriate.

30. How does one become a member of IAS?

Entry to IAS is voluntary and subject to rigid screening where only PNP personnel who have at least five (5) years experience in law enforcement and who have no derogatory records shall be considered, except members of the BAR may enter the service laterally.

31. What are the prohibitions on PNP members who join the IAS?

 Any personnel who join the IAS may not thereafter join any other unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a committee deliberating on the appointment, promotion or assignment of any PNP personnel.

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