(NAR) VOL. 15 NOS. 1-2 / APRIL - JUNE 2004
a. when the charge is serious and the evidence of guilt is strong;
b. when the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges;
c. when the respondent is guilty of a serious offense involving conduct unbecoming of a police officer; and
d. when the respondent is on absence without official leave for a continuous period of thirty (30) days or more;
1. A complaint against any uniformed member of the PNP can be filed with the Regional Investigation Unit (RIU) or Napolcom Provincial Officer who shall, within three (3) days from receipt of the complaint, conduct a pre-charge investigation and submit its or his report of investigation to the Chief of the Technical Division.
In the conduct of pre-charge investigation, Napolcom Memorandum Circular No. 99-014 which dwells on the matter shall be strictly observed.
2. If the offense charged and investigated is within the summary dismissal jurisdiction of the Commission and there exists probable cause, the Chief of the Technical Division shall within three (3) days initiate the filing of a formal complaint against subject police officer with the Napolcom Regional Director. Forthwith, the Regional Director shall designate a Summary Hearing Office or Ad Hoc Committee to conduct the formal hearing. However, if there is no probable cause, the Chief of the Technical Division shall prepare a resolution recommending the dismissal of the case to the Regional Director or when appropriate refer it to the other disciplinary authorities. Provided however, that if the complaint was dismissed for lack of probable cause, the Commission may, motu proprio reopen the case in the interest of justice.
For this purpose, the office of the Vice-Chairman and Executive Officer shall be furnished by the Regional Directors with a copy of the Resolution dismissing the case.
3. To ensure adherence to the requirements of administrative due process, the designated Summary Hearing Officer or Ad Hoc Committee, as the case may be, shall in the conduct of the formal investigation comply with Napolcom Memorandum Circular No. 98-014 on the subject, "Rules and Regulations Governing the Conduct of Summary Dismissal Proceedings Involving Members of the Philippine National Police Before the National Police Commission as Summary Dismissal Authority.
4. The designated Summary Hearing Officer or Ad Hoc Committee shall, within five (5) days from conclusion of the investigation, submit his/its report of investigation containing his/its findings and recommendation to the Napolcom Regional Director who shall within two (2) days from receipt thereof transmit the same together with the entire records of the case to the Commission for rendition of decision.
(SGD.) JOSE D. LINA, JR. | |
Chairperson | |
(SGD.) LINDA L. MALENAB-HORNILLA | |
Commissioner | |
OIC, OVC/EO | |
(SGD.) CELIA V. SANIDAD-LEONES | (SGD.) MIGUEL G. CORONEL |
Commissioner | Commissioner |
Attested by: | |
(SGD.) ADELMAlYN A. MUNIEZA | |
Chief, Secretariat |