Quality Police Service Is Your Right The motto of the Philippine National Police is: "We Serve and Protect." This Agency is dedicated to providing the best police service possible. In order to continue to provide efficient police service to the community, we need your assistance. This is your Police and we welcome your comments. We encourage you to let us know about the quality of service you receive from our personnel whether a police or civilian employee. If you wish to commend the actions of employees of PNP, you may do so by writing a letter to the Chief of Police of the station in your area, or to the Chief PNP. Verbal commendations may also be given to any area supervisor. You can also commend a PNP employee by sending email to feedback@pnp.gov.ph. Please check the contact us section. If you believe that the conduct of an employee was inappropriate, you may request to speak to a supervisor at any police station, Internal Affairs Service, or the National Police Commission. This will result in the immediate investigation of your complaint. Internal Affairs Service website: www.iaspnp.org and the National Police Commission web site : www.napolcom.gov.ph for telephone numbers, location and mailing address information. Procedures in filling of an Administrative Complaints (Internal Affairs Service) Stage 1 Pre Charge Investigation a. For a Walk- in Complainant Proceed to the nearest Internal Affairs Service Office of every police regional, provincial, and district in that area. There you will be referred to the Prosecution Division which is responsible for handling all kinds of complaints against any PNP personnel. The complainant and his witnesses will be assisted and interviewed by an investigator to determine the nature of the complaint, the jurisdiction and the sufficiency of the complaint. If the complain is sufficient in forum and substance, the complainant will be required to sign a prepared Complaint Sheet and a Certificate of Non Forum and they that the complainant's statements. If a complaint has a prepared affidavit of complaint, all he has to do is submit the same to the investigator. At this point the investigator will assist the complainant on the things to do and prepare. Complainant will also be required to submit evidences to substantiate his complaint. A notice of complaint will sent to the respondent police officer together with a copy of the complainant's sworn statement/affidavit and other documentary evidence and will be required to submit an answer or counter affidavit within five (5) days from receipt of the Notice of Complaint. Within 10 days the investigator will submit a Pre-Charge Investigation Report/Resolution to establish probable or non probable cause to be approved by the Inspector General or the Regional Director. If there is a filing of probable cause a Charge Sheet will be prepared by the Prosecutor and will be filed with the Legal Affairs Division for the conduct of a Summary Hearing. b. For Letter Complaints No. 2 to 6 will be applied. Stage 2 Summary Hearing with the Legal Affairs Division Making Complaints What can you do if you think a Police Officer does something that is wrong? You can make a complaint!!! If you believe the Police Officer really did something wrong. You should not make a complaint, if the Police Officer was just upholding the law, and it is the law that upset you. Where do you make a complaint? For a serious complaint, you can go to the Internal Affairs Service Field Office in your locality. If the Police Officer has broken the law, that would be very serious. For example, the Police Officer might use violence when there is no need to do so. What is a Less Serious Complaint? Here are some examples: The Police Officer is rude to you. How do you make a complaint? SERIOUS COMPLAINTS – For a serious complaint, you can go to any Police Station. Or, if you do not want to go to a Police Station, you can make your complaint to us at the Internal Affairs Service Field Office in your locality. You can talk to us: by telephone, or fax, or e-mail, or letter, or in person, or by using our online Complaints/Information form. Remember: The Police do not make the law. They are there to make sure you don’t break the law. LESS SERIOUS COMPLAINTS – For a less serious complaint, go to the Police Station where the Police Officer works, or to any Police Station. You can: go there yourself, or telephone, or send a letter. What should you say in your complaint? Give as much detail as possible. Say: what happened Tell us what you want to happen. For example, do you want: an apology? SERIOUS COMPLAINTS Whenever possible, we at the IAS ask the Police Regional Office concerned to deal with serious complaints. This is because the IAS believes that all government agencies, including the Police Service, need to take more responsibility for the wrongdoing that happens in their own backyard. But we will investigate some serious complaints ourselves. And we can check on the way the Police deal with complaints. So, if you make a serious complaint, you may have to go for an interview with the Police or IAS investigators. The IAS investigators will conduct interview on you. They will ask you about what happened. Disciplined (this could be a reprimand, or a caution, or they could even lose their job), or These are usually handled in one of two ways. Sometimes there is managerial resolution. This means that the Chief of Police at the Police Station helps you and the Police Officer you complained about to talk about the problem. Together you can decide on a way to sort it out. Sometimes there is meditation. This is like managerial resolution, but the person who helps you work out the problem is a trained independent Mediator. Mediators can work for another area of government or they can be from the Police. But remember: the Police Service will decide what to do. The Internal Affairs Service, Philippine National Police is committed to supporting people, who complain, victims and witnesses. You can find out more about what the IAS will do to help you in the Prosecution Division, IAS National Office, Camp Crame, Quezon City or at the various IAS Offices around the country, or at www.iaspnp.org DISCIPLINARY MACHINERY / APPELLATE BOARD(NAPOLCOM)
NATIONAL APPELLATE BOARD (NAB)
The decision rendered by the NAB disposing an appealed case becomes final and executory unless a Motion for Reconsideration is filed within ten (10) days from receipt thereof in which case it becomes final and executory only upon receipt by the appellant of the NAB resolution denying, modifying or affirming the decision. In 1998, Congress passed into law RA 8551 which provided for the reform and reorganization of the PNP as well as the amendment of certain provisions of RA 6975. One such significant amendment is Section 54 of said law which provided for the re-composition of the Napolcom National Appellate Board into a single appellate body chaired by the Commission Executive Officer with the four (4) other regular commissioners as members thereby abolishing the four (4) NAB divisions which used to function as such pursuant to the mandate of RA 6975. Under Section 50 of RA 8551, the NAB is also mandated to review appeal decisions on administrative cases rendered by the national office of the PNP Internal Affairs Service. CASE DISPOSITION IN THE REGIONAL APPELLATE BOARDS (RAB)
Relatedly, Sec. 44 of RA 6975 provides that there shall be at least one (1) Regional Appellate Board per administrative region in the country to be composed of a senior officer of the Regional Commission as Chairman and one (1) representative each from the PNP and the Regional Peace and Order Council as members. The Commission may create additional Regional Appellate Boards as the need arises. The disciplinary action imposed upon a member of the PNP shall be final and executory. Provided, that a disciplinary action imposed by the PNP Regional Director or its equivalent or by the PLEB involving demotion or dismissal from the service may be appealed to the Regional Appellate Board within ten (10) days from receipt of the copy of the notice of decision; provided furthermore, that the Regional Appellate Board, as the case may be, shall decide the appeal within sixty (60) days from receipt of the notice of appeal. The failure of the Regional Appellate Board to act on the appeal within said period shall render the decision final and executory without prejudice, however, to the filing of an appeal by either party with the Secretary. Napolcom Memorandum Circular No. 96-010 prescribing the rules and regulations in the disposition of administrative cases involving PNP members before the PNP disciplinary authorities provides that the respondent may file an appeal with the appropriate Napolcom Appellate Board on the following grounds: a. That new and material evidence has been discovered which appellant could not, with reasonable diligence have discovered and produced at the hearing, and which if presented would probably change the decision; b. That errors of law or irregularities have been committed during the hearing prejudicial to the substantial rights of the appelant; c. That the findings of fact of the Disciplinary Authority are not supported by substantial evidence; or d. That the penalty imposed is not commensurate to the offense committed. An appeal shall be perfected by the respondent by filing and serving upon the Disciplinary Authority a Notice of Appeal within ten (10) days from receipt of the decision/resolution subject of the appeal; within three (3) working days from receipt of the Notice of Appeal, the deciding disciplinary authority concerned shall forward the entire records of the case, duly numbered and initialed, and the exhibits properly marked to include the summary record of proceedings to the Napolcom Appellate Board concerned. (Sec. 11, (6.02) MC No. 96-010). Decisions, resolutions or orders promulgated by the Regional Appellate Board shall be referred to the proper PNP authorities for implementation by personal service or by registered mail to the parties affected. Failure and/or refusal to serve and/or implement the said legal processes within three (3) days upon receipt thereof shall be considered as an administrative offense subject to disciplinary punishment for Serious Neglect of Duty/Insubordination. CONDUCT OF PRE-CHARGE INVESTIGATION Republic Act No. 8551 which amended R.A. No. 6975 grants the National Police Commission the summary dismissal power over PNP members with administrative cases. The Inspection, Monitoring and Investigation Service of the Commission, which is mandated to investigate police anomalies and irregularities, upon receipt of a letter-complaint, official report or any paper or document denouncing a police officer for alleged of official conduct, which on the face thereof falls within the jurisdiction of the Commission as Summary Dismissal Authority, forthwith conduct pre-charge investigation. In the conduct of the pre-charge investigation, both the complainant and the respondent and their witnesses, if any are summoned to appear and submit their respective affidavit/s and country affidavit/s. Failure or refusal of the respondent to appear despite due notice shall be sufficient ground to proceed with the investigation ex-parte. The Inspection, Monitoring and Investigation Service and the regional offices of the Commission may, motu propio, initiate the filing of a complaint against a PNP member after conducting the appropriate pre-charge investigation. As provided for in Rule III, Napolcom Memorandum Circular No. 98-014 dated October 30, 1998, the following are rules and regulations governing the conduct of summary dismissal proceedings involving members of the PNP before the National Police Commission as Summary Dismissal Authority. Rule III PROCEDURE Section 1. Complaint. - All proceedings must be commenced by a complaint in writing under oath, by the aggrieved party of his duly authorized representative or guardian against any member of the PNP, accompanied by sworn statements of witnesses and other evidence thereof. Three (3) copies of the complain shall be filed with the Commission. Section 2. Formal Requirements of a Complaint. - The complainant shall be written in clear, simple and concise language as to apprise the police officer of the nature and cause of the charge(s) against him to enable him to intelligently prepare his answer and other responsive pleadings. The complaint shall contain the following: a) Full name and address of the complainant; b) Full name, rank and station or assignment of the respondent; and c) A narration of the relevant and material facts which show the acts or omissions constituting the offense allegedly committed by the officer. Section 3. Action on the Complaint. - Within three (3) days from receipt of the complaint which is sufficient in form and substance, the Commission shall evaluate the same to determine if it falls under the jurisdiction and whether, based on the complaint and supporting documents submitted in support thereto, a prima facie case exists as to warrant the conduct of formal hearing. If it finds that the complaint falls within the jurisdiction and there exist a prima facie case, the Commission as Summary Dismissal Authority may itself conduct the formal hearing thereof, or may designate a Summary Hearing Officer to conduct the formal reception of evidence. However, if on the basis of such papers a prima facie case is found not to exist, the Commission shall dismiss the case. Section 4. Summons and Order to Answer. - After a finding of prima facie case, the Commission shall cause the issuance of summons, attaching therewith a copy of the complaint and other supporting documents, upon the respondent requiring to file his answer or other responding pleadings within three (3) days from receipt. Only one (1) motion for extension of time to file answer is allowed. Section 5. Answer. - The answer shall be in writing and must contain material facts, which may either be specific denial or affirmation of the allegations in the complaint and shall be accompanied by documents or other evidence, if there be any, in support of the defense, copy furnished the complainant. Failure to file an answer shall be considered as a general denial of the charge. Section 6. Hearing Proper. - Within five (5) days after receipt of respondent's answer, the Commission of its designated Summary Hearing Officer, Board or Committee shall conduct a formal hearing, which shall be terminated within five (5) successive working days from its commencement. The order of hearing shall be as follows: a) The complainant shall adduce evidence with proper identification and marking of his exhibits. b) The respondent shall then present evidence in support of his defense with proper identification and marking of his exhibits. c) The proceedings being summary in nature, direct examination of witnesses shall be dispensed with, and the sworn statements/affidavits of witnesses, after proper identification and affirmation on the truth of the contents thereof, shall take the place of their oral testimony; d) Clarificatory examination, if requested by either party, shall be confined to material and relevant matters and, insofar as may be compatible with the ends of justice, shall be limited to no more than fifteen (15) minutes of each witnesses. When the formal reception of evidence is conducted by a Summary Hearing Officer, Board or Committee, the Officer, Board or Committee shall submit to the Commission a report of investigation containing the corresponding recommendation, within ten (10) days after the termination of the proceedings. Despite the termination of the formal hearing conducted by the Summary Hearing Officer, Board or Committee, the Commission in the interest of justice, and if it believes that there are matters to be clarified, may set a hearing to propound clarificatory questions to the parties or their witnesses during which the parties shall be afforded an opportunity to be present but without the right to examine or cross-examine. If the parties so desire, they may submit questions to the Commission which the latter may propound to the parties or witnesses concerned. Section 7. Period for Rendition of Decision. - The Commission shall decide the case within ten (10) days after termination of hearing or submission of the report of investigation by the designated Summary Hearing Officer, Board or Committee. Section 8. Contents of the Decision. - The decision shall contain the name of the parties, the finding of fact(s) by the Commission as established during the hearing, the conclusion of law upon which they based, the disposition thereof by mentioning the offense to which respondent was exonerated or found culpable, and the appropriate penalty to be imposed, signed by a majority of the members of the Commission. Section 9. Service of Decision. - Decisions of the Commission shall be served either personally or by registered mail at respondent's place of assignment or at his last known address within three (3) days from rendition thereof. Complainant shall be sent a copy of the decision for his information. In all cases, proof of such service shall be attached to the records for information and ready reference. Section 10. Finality of Decision. - A decision of the Commission imposing upon the respondent a penalty of dismissal from the police service shall be immediately executory, notwithstanding the filing of a motion for reconsideration. A penalty of demotion in rank, forced resignation or suspension shall become final and executory after (7) regular working days from respondent's receipt of a copy of the decision if no motion for reconsideration is filed. Section 11. Motion for Reconsideration. - Either party may file a motion for reconsideration of the decision rendered by the Commission within ten (10) days from receipt thereof. Only one (1) motion for reconsideration is allowed which shall be resolved within ten (10) days from the filing thereof. Section 12. Prohibition Against Multiple Complaints and Forum Shopping. - When an administrative complaint is filed against a police officer before an administrative disciplinary authority or body, no other administrative case involving the same cause of action shall be filed to any other disciplinary authority or body. For this purpose, the complainant shall certify under oath in the pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the following acts and undertakings: a) That he has not heretofore commenced any other action or proceeding involving the same issues in other disciplinary action; b) That to the best of his knowledge, no such action or proceeding is pending in other police administrative disciplinary machinery or authority. c) That if there is any such action or proceeding which is either pending or may have been terminated, he must state the status thereof; and d) That is he should thereafter learn that a similar action or proceeding has been filed or is pending before any other police disciplinary authority, he must undertake to report that fact within five (5) days therefrom to the disciplinary authority where the original complaint or pleading has been filed. Any willful and deliberate forum shopping by the complainant to ensure a favorable action or advantage over the respondent, as well as the inclusion of a false certification in connection thereof, shall be a sufficient basis to dismiss the complaint. Section 13. Preventive Suspension. - The Commission may, at any time during the formal hearing, place the respondent on preventive suspension under the following circumstances: a) That the charge is serious; or b) Although the charge is not serious, there is evidence to show that the respondent is exerting efforts to harass, intimidate, coerce, or unduly influence complainant or any of his witnesses into withdrawing his complaint or retracting his sworn statement or that of his witnesses against the respondent. The period or preventive suspension shall not exceed ninety (90) days. Upon the expiration thereof, the suspended police officer shall automatically be reinstated, without prejudice to the continuation of the proceedings against him. While under preventive suspension, respondent shall not receive his salary and other benefits. However, in case of exoneration, respondent shall be reinstated with full payment of back-salaries and such emoluments which he failed to receive during such suspension. Section 14. Lifting of Preventive Suspension. - The preventive suspension issued by the Commission may be lifted on any of the following grounds: a) In the exigency of the service as recommended by respondent's superior or immediate supervisor/chief of police; b) When the prosecution or complainant has rested his case; c) Other reasons or justification which respondent may submit for the consideration of the Commission. Section 15. Effect of Failure or Refusal of Complainant to Prosecute. - The failure or refusal of the complainant to appear and to prosecute the case during the hearing, despite due notice, shall be a sufficient ground to drop the complaint where the culpability of the respondent could not be established or proven without the testimony of the complainant. The Commission shall endeavor to pursue the hearing by securing the attendance of complainant and vital witnesses to avoid miscarriage of justice. Section 16. Effect of Failure or Refusal of Respondent to Appear. - If the respondent, despite due notice, fails or refuses to appear during the scheduled hearing, he is deemed to have waived his right to be present, and to submit evidence in his favor. The scheduled hearing shall proceed ex-parte. Section 17. Postponement. - Postponement of hearing shall be discouraged. It shall be allowed only in case of illness on the part of either the complainant or respondent which shall be supported by a duly sworn medical certificate. Only one (1) for postponement shall be allowed regardless of the grounds invoked. Section 18. Records of Proceedings. - There shall be a record of proceedings, containing a substantial account of each hearing, certified to as correct by the Summary Hearing Officer, Board or Committee.
Pursuant to a Joint Memorandum Circular entitled "Prescribing the Rules and Regulations Implementing Section 49 of Republic Act No. 6975, As Amended" dated February 2, 2000, executed by and between the Department of Justice (DOJ), Philippine National Police (PNP) and National Police Commission (Napolcom), the latter thru the LAS and its regional offices provide legal assistance to members of the Philippine National Police (PNP) who are charged before the prosecutors office, the court or any competent body for service-connected offenses. It includes legal service, consultation, advice or representation to be rendered in favor of a PNP member in all stages of a criminal or administrative proceeding, subject to the procedural requirements stated therein. The LAS likewise renders legal advice to walk-in clients particularly the public on matters pertaining to the National Police Commission and the Philippine National Police. PROVISION OF LEGAL ADVICES AND CONSULTANCY SERVICES TO THE PEOPLE'S LAW ENFORCEMENT BOARDS (PLEBs)
The same law also mandated the Commission to assign the present NAPOLCOM hearing officers to act as legal consultants of the PLEBs and provide, whenever necessary, legal services, assistance and advise to the PLEBs in hearing and deciding cases against officers and members of the PNP, especially those involving difficult questions of law.
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