THE National Police Commission enacted a new policy aimed at hastening the resolution of administrative cases filed against erring members of the police force.
This developed shortly after the commission issued memorandum circular 2016-002 on March 7 amending the uniform rules of procedure before the administrative disciplinary authorities and the Philippine National Police Internal Affairs Service.
The memorandum became effective last June 15, 2016 and was applied in the administrative cases against three of the five police generals allegedly coddling members of illegal drug syndicates and promised to come up with a decision after one month.
President Rodrigo Duterte identified the five as retired generals Marcelo Garbo and Vicente Loot, former Metro Manila police director Joel Pagdilao, former Quezon City police chief Edgar Tinio and former Davao region police director Bernardo Diaz.
Napolcom Vice-Chairman and Executive Officer Rogelio Casurao said the commission amended certain provisions of Memorandum Circular No. 2007-001 particularly on summary hearings which has been the cause of the backlog of cases before different disciplinary authorities.
“Instead of a full-blown hearing, both parties are required to submit their respective verified position papers taking into account the summary nature of administrative proceedings. If necessary, a one-time clarificatory hearing may be conducted where the parties shall be afforded the opportunity to be present and submit written clarificatory questions,” Casurao said.
The revised rules of procedure intends to expedite the resolution of cases by explicitly prescribing the reglementary period within which to resolve administrative complaints and cases filed against PNP members from the time of the filing of complaints to the final disposition of cases.
The new memorandum specifically provides for a reglementary period of 150 days for the different disciplinary authorities and the IAS to resolve administrative cases filed before their respective jurisdiction.
Only complaints that have been found to have probable cause during the pre-charge investigation are submitted for summary proceedings where the PNP members complained of are formally charged; otherwise, complaints are dismissed.
If the complaint is dismissed, the complainant may file one motion for reinvestigation within three days from receipt of the resolution, which shall be resolved by the concerned disciplinary authority within 15 days from receipt of the motion.
To expedite the disposition of cases, the different administrative disciplinary authorities and the IAS shall not entertain request for clarification, bill of particulars, motion to dismiss or any other motion which are obviously designed to delay the administrative proceedings.
Complaints against PNP members may be filed before the IAS or in any of the following disciplinary authorities: City or Municipal Mayors, People’s Law Enforcement Board (PLEB), Chiefs of Police or equivalent supervisors, PNP Provincial Directors or equivalent supervisors, PNP Regional Directors or equivalent supervisors, Chief of the PNP, or Napolcom.
The equivalent supervisors of the Chief of Police are as follows: Chief, Provincial Public Safety Company; Chief, District Public Safety Battalion; and Chief, Police Station of Manila Police District and Quezon City Police District.
The equivalent supervisors of the PNP Provincial Director are the Director, City Police Office of Highly Urbanized or Chartered Cities; Chief, Regional Public Safety Battalion; Chief, Regional Administrative Support Unit; and Chief, Regional Operational Support Unit.
The equivalent supervisors of the PNP Regional Director are the Director, Police District Office, NCRPO; Director, National Administrative Support Unit; and Director, National Operational Support Unit.
“With the issuance of the revised rules of procedure, the Commission assures the public as well as the police of a just and expeditious disposition of administrative complaints and cases to ensure public accountability and utmost discipline in the police service,” Casurao said.