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(NAR) VOL. 13 NOS. 1-2 / JANUARY-MARCH 2002

[ PPSC BOT CIRCULAR NO. 07, S. 2001, DECEMBER 20, 2001, December 20, 2001 ]


Pursuant to Sections 66, 67 and 68 of Republic Act No. 6975, dated December 13, 1990 as amended by RA 8551 dated February 20, 1998, Section 6, Rule IV of PPSC Operations Manual and Rule X of PPSC Education and Training Code, dated January 15, 1997, the Investigation, Adjudication or Disposition of Administrative Cases Against the PNPA Cadets shall be in accordance with the following Rules:

Purpose, Scope and Title

SECTION 1. Purpose — To ensure uniformity in the conduct of investigation and disposition of administrative cases against erring cadets of the Philippine National Police Academy (PNPA), the procedure sets forth the specific policies and rules to be observed in the conduct of such investigation and disposition.

SECTION 2. Scope — These rules and regulations delineate the organization, jurisdiction, powers, duties and procedures to be observed in investigating and adjudicating cases against erring PNPA cadets.

SECTION 3. Title — This procedure shall be known as “PNPA Disciplinary Machinery”.

Definition of Terms

SECTION 1. Administrative Offense — refers to an act or omission in which a cadet may be administratively charged, and shall include, but not be limited to misconduct, violation of law, neglect of duty, irregularity in the performance of duty, incompetence, oppression, dishonesty and disloyalty to the government.

SECTION 2. Serious Infraction of PNPA Rules and Regulations — refers to act(s) in violation of the PNPA Cadet Guide and punishable by commensurate penalty including dismissal from the Academy. It shall include, but not limited to the following:

a. Violation of the Honor Code (i.e., cheating, stealing, lying, or tolerating the violation of the Honor Code).

b. Unauthorized possession of firearms, ammunitions, explosives and other forms of deadly weapon;

c. Conduct unbecoming of an officer or acts inimical or prejudicial to good order and discipline;

d Engaging in any form of gambling inside camp;

e. Exceeding maximum allowable demerits;

f. Gross insubordination;

g. Habituality or recidivism;

h. Drinking alcoholic beverages or liquor;

i. Possessing, using, or pushing of dangerous drugs;

j. Unauthorized absence or neglect of assigned duties;

k. Causing physical injury to another;

l. Causing damage or destruction to any government facility or property;

m. Absence Without Official Leave (AWOL), cutting classes, malingering, violation of restriction orders;

n. Unauthorized presence in off limits or restricted areas;

o. Other analogous offenses as the Director or Commandant may determine.

SECTION 3. Command Inspector — refers to the officer in charge of the Inspectorate and Internal Affairs Office of the PNPA.

Summary Disciplinary Authority

SECTION 1. Director, PNPA — The Director, PNPA shall be the summary disciplinary authority over all cadets of the PNPA. All decisions or orders of the Director, PNPA involving suspension or dismissal is appealable to the President, Philippine Public Safety College (PPSC).

SECTION 2. Penalties — The Director, PNPA has the authority to impose the following penalties; admonition, reprimand, restriction to specified limits, withholding of privileges, suspension, or dismissal from the Academy.

Commencement of Administrative Action

SECTION 1. Complaint or Delinquency Report — All proceedings must be commenced by a verified written complaint signed by the complainant or his duly authorized representative against any cadet(s) who appears to be responsible therefor. The proceedings may also be commenced by a Delinquency Report signed by competent authority.

SECTION 2. Form of a Complaint or Delinquency Report — The Complaint or Delinquency Report, which shall be drawn in clear, simple, brief and concise language, must contain the name of respondent cadet, rank, address, designation of violation or infraction complained of, the place, date and time of commission, and a brief statement of relevant and material facts.

SECTION 3. Where to File the Complaint or Delinquency Report — All complaints and delinquency reports involving administrative offenses or serious infraction of PNPA rules and regulations shall be filed with the Office of the Director, PNPA. Thereafter, Director, PNPA shall direct the Command Inspector to conduct the pre-charge investigation.

Pre-Charge Investigation

SECTION 1. Procedure —

a. Within two (2) days from receipt of the Complaint or Delinquency Report from the Summary Disciplinary Authority, the Command Inspector shall conduct preliminary inquiry wherein both the complainant(s) and the respondent(s) and their witnesses, if any, shall be notified of the complaint or Delinquency Report and summoned to appear before the investigating officer.

b. The respondent(s) shall be furnished with a copy of the complaint or charges, affidavit(s) of witness(es), and pertinent documents submitted by the complainant(s), and an Order directing him to submit Explanation, attaching therewith any pertinent documents in support of his defense, should there be any, within three (3) days from receipt of the complaint. No extension to file explanation is allowed.

c. Failure on the part of the respondent(s), despite due notice, to appear during the preliminary inquiry, or to submit his Explanation within the prescribed period shall be a basis for the investigation to proceed ex-parte.

d. During the preliminary inquiry, the complainant shall be allowed to identify the respondent(s).

SECTION 2. Report of Investigation — Within two (2) days after the preliminary inquiry, the Command Inspector shall submit to the Director, PNPA, his Report of the investigation together with his recommendation for either of the following actions:

a. To dismiss the complaint for lack of jurisdiction and, thereafter, to refer the same to other disciplinary authority which has appropriate jurisdiction over the case;

b. To impose demerit if the offense committed turns out to be not serious;

c. To dismiss the complaint for lack of probable cause, or;

d. To order the formal investigation of the case after finding that probable cause exists against the respondent cadet(s).

SECTION 3. Referral of the Case to the Summary Hearing Officer — Upon approval by the Director, PNPA of the Command Inspector’s recommendation for the conduct of formal investigation, the case shall immediately be referred to the Summary Hearing Officer (SHO) duly designated by the Disciplinary Authority concerned, for the conduct of summary hearing.

Summary Hearing

SECTION 1. Notification of Complaint/Charges and Order to Answer — Within one (1) day from receipt of the record of the case, the Summary Hearing Officer shall furnish, the respondent a copy of the complaint or charges filed against him, to include copies of the affidavits of witnesses and other documents submitted by the complainant, should there be any, and shall be directed to submit an answer or counter-affidavit or affirm his previously submitted explanation and other pertinent documents within five (5) days from receipt of the complaint, attaching therewith pertinent documents or evidence in support of his defense.

SECTION 2. Failure or Refusal to File Answer — If the respondent fails or refuses to file his answer or counter affidavit within the period allowed under these Rules, he shall be deemed to have entered a plea of general denial of the charge.

SECTION 3. Duration of Summary Hearing — Within twenty-four (24) hours after receipt of respondent’s answer or expiration of the period to answer, the Director, PNPA or his duly designated Summary Hearing Officer shall conduct the hearing, which shall be finished not beyond five (5) successive days from its commencement. Should the respondent, despite due notice, fail to appear during the scheduled hearing, such failure shall be considered a waiver of his right to testify and the SHO shall conduct the hearing ex-parte. The SHO shall profound questions, interrogate witnesses, and examine material and relevant evidence in order to establish the truth and to arrive at a fair, just and adequate conclusion.

SECTION 4. Report of Summary Hearing Officer — Within five (5) days from the termination of the hearing, the SHO shall submit to the Summary Disciplinary Authority (SDA) his report or evaluation.

SECTION 5. Failure of Complainant to Appear — Failure of complainant to appear during the scheduled hearing, despite due notice, shall be a sufficient ground to dismiss the complaint for failure to prosecute, where the culpability of the respondent cannot be established without the testimony of the complainant. If the culpability of the respondent can be proved by evidence other than the testimony of the complainant, his non-appearance shall not be a ground to terminate the proceedings.

SECTION 6. Affidavits of Witnesses to Serve as Direct Testimony — Being summary in nature, direct examination of witnesses shall be dispensed with and the sworn statements of witnesses or their affidavits shall take the place of their direct testimony subject to cross-examination. Either party shall limit cross-examination only on material and relevant matter. Cross-examination shall be limited to not more than fifteen (15) minutes for each witness.

SECTION 7. Services of Counsel — Either party may avail the services of a counsel of his choice.

SECTION 8. Notice or Summons to the Parties — The parties and witnesses shall be summoned to appear on the date set for summary hearing. Postponement of hearing shall not be allowed, except on meritorious grounds.


SECTION 1. Period to render decision — The Director, PNPA shall render his decision in writing and personally signed by him within five (5) days from receipt of Summary Hearing Officer’s Report or Evaluation.

SECTION 2. Contents of the Decision — The decision shall contain the names of the parties, the offense charged, a brief statement of the material and relevant facts, the findings and conclusion, the applicable laws, rules and regulations obtaining in the case and the disposition thereof.

SECTION 3. Service of Decision — The decision of the Director, PNPA shall be served personally to both complainant and respondent wherever they may be found or by registered mail with return card at their last known address within two (2) days from rendition thereof.

In all cases, proof of such service, shall be attached to the records of the case for purposes of determining jurisdiction in case of appeal.

SECTION 4. Finality of Decision — The decision of the Director, PNPA is considered final and executory if no appeal or motion for reconsideration is perfected or filed within the reglementary period to appeal.

Motion for Reconsideration

SECTION 1. Who May File a Motion for Reconsideration — Either party may file a motion for reconsideration on the decision rendered by the Director, PNPA within the period to appeal. Only one (1) motion for reconsideration is allowed, which shall be resolved within two (2) days from the filing thereof.

SECTION 2. Grounds for Motion for Reconsideration or Appeal — The respondent may file a motion for reconsideration or notice of appeal with the Office of the Director, PNPA based on the following grounds:

a. New evidence has been discovered which materially affects the decision rendered;

b. The decision is not supported by evidence on record;

c. Errors of law or irregularities have been committed prejudicial to the interest of the movant; and,

d. The penalty imposed is not commensurate to the offense committed.

Appellate Jurisdiction

SECTION 1. Appellate Jurisdiction of President, PPSC — The decision of the Director, PNPA imposing the penalty of suspension from training or dismissal from the Academy may be appealed to the President, PPSC.

SECTION 2. Perfection of Appeal — An appeal shall be perfected by the respondent by filing and serving upon the Director, PNPA a notice of appeal within three (3) days from receipt of the decision or resolution subject of appeal within three (3) days from receipt of the decision or resolution subject of appeal. Within forty-eight (48) hours from receipt of the notice of appeal, the Director, PNPA, shall forward the records of the case, duly numbered and initialed, and the exhibits properly marked, to include the summary record of proceedings to the Office of the President, PPSC. Position paper or record on appeal or memorandum may be filed by the appellant.

SECTION 3. Period to Decide Appeal — The President, PPSC shall decide the appeal within ten (10) days after receipt of the entire records of the case from the Director, PNPA. The decision/resolution/order rendered by the President PPSC on cases brought to his Office on appeal shall be final and executory, unless a timely motion for reconsideration is filed with his Office within three (3) days from receipt of the said decision or resolution or order by the appellant only one (1) motion for reconsideration is allowed which shall be resolved within five (5) days from receipt thereof.

SECTION 4. Service of Decision — All parties shall be furnished with a copy of the decision or resolution or order rendered by the President, PPSC.

Final Provisions

SECTION 1. Repealing Clause — All rules and regulations and other issuances, or portions thereof, inconsistent with the Rules of Procedure are hereby repealed or modified accordingly.

SECTION 2. Separability Clause — In the event that any provisions of these Rules are declared illegal, the validity of the other provisions shall not be affected by such declaration.

SECTION 3. Effectivity — These Rules of Procedure shall take effect upon approval by the Board of Trustees.

Adopted: 20 Dec. 2001

Police Director General
Chief, PNP/Member

Police Director Acting President, PSC/Ex-Officio Member

Secretary, DILG/Chairman


Board Secretary

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