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Flashcards in Administrative Machinery Deck (54)
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1

Revised Rules of Procedure before the Administrative Disciplinary Authorities and
The Internal Affairs Service of the Philippine National Police

NMC No. 2016-002

2

NMC NO. 2016-002 was signed on *

March 9, 2017

3

Pre-Charge Evaluation based on complaint

Pre-Charge Proceedings
NMC 2007-01

4

•Initial Evaluation of Complaint
•Pre-Charge Investigation
•Motion for Re-investigation

Pre-Charge Proceedings
NMC 2016-002

5

•Pre-Hearing Conference
•Trial or Position Paper

Summary Proceedings
NMC 2007-001

6

•Pre-Hearing Conference
•Position Paper
•Clarificatory Hearing

Summary Proceedings
NMC 2016-002

7

Grave Misconduct –Violation of RPC or special laws and Dishonesty

Offenses
NMC 2007-001

8

•Re-classification of offenses according to gravity of penalty
•Re-classification of Dishonesty according to CSC rules

Offenses
NMC 2016-002

9

Reprimand is not a penalty

Penalties
NMC 2007-001

10

Reprimand is a penalty

Penalties
NMC 2016-002

11

SD Cases – Directors NSUs are Disciplinary Authority

Disciplinary Authority
NMC 2007-001

12

SD Cases – Directors, NSUs are not Disciplinary Authority

Disciplinary Authority
NMC 2016-002

13

Dismissal of the admin cases regardless of stage

Effect of Death
NMC 2007-001

14

No automatic dismissal of the admin cases

Effect of death
NMC 2016-002

15

is a written and sworn statement regarding a wrong, grievance or injury sustained by a person.

Complaint

16

pertains to the determination of jurisdiction and thereby docket the same for:

a.Pre-Charge Investigation; or
b.Formal charge before PLEB; or
c.Refer it to appropriate disciplinary authority; or
d.Treat it as grievance/request for assistance

Initial Evaluation of the Compliant

17

The Initial Evaluation Report recommending for the dismissal of the complaint or referral to appropriate Disciplinary Authority or Grievance Committee shall be approved by *

Disciplinary Authority or IAS or their authorized officer.

18

is the preliminary examination and investigation of the complaint for the purpose of determining the existence or non-existence of probable cause

Pre-Charge Investigation

19

Pre-Charge Investigation

This pertains to the following process:

a. (*) the approved Initial Evaluation Report;

b. (**) pre-charge investigator;

c. give the respondent a (***) and its supporting documents within 3 days from docketing thereof;

d. give the respondent a chance to submit (****) within 5 days from receipt and failure to submit shall be deemed a waiver thereof;

e. no motion for *****shall interrupt the 5-day period;

f. parties may be called for ****** and may affirm their respective pieces of evidence;

g. Termination of investigation within ******* from receipt of answer or from expiration of 5-day period

*docket
**assign and designate
***copy of complaint
****counter-affidavit/answer
*****extension of time
******clarificatory questioning
*******10 days

20

Pre- Charge Investigation Report

•Report shall be prepared within 5 days from the *

•The Report shall be submitted to ** for approval

•The complete records and the *** shall be attached to the report

•Each page of the case record should be chronologically arranged and numbered

•In the absence of probable cause, the complaint shall be dismissed by the **** and the complainant shall be informed about the dismissal of his/her complaint

*termination of pre-charge investigation
**Disciplinary Authority or IAS
***formal charge
****Disciplinary Authority or IAS

21

•The complainant may file a (*) to the Disciplinary Authority or IAS within 3 days from the receipt of the report of dropping and closing the complaint for lack of probable cause

• The basis for re-investigation can be ** in the appreciation of the complaint, counter-affidavit and other supporting evidence

• Only *** motion for re-investigation shall be allowed

• The motion shall be **** within 15 days from the receipt thereof.

*motion for re-investigation
**palpable mistake
***one
****resolved

22

1. Assignment of approved Pre-Charge Investigation Report with probable cause to (*) within 5 days from the receipt thereof;
2.The SHO shall issue ** within 3 days from receipt of case records, and serve the same to the respondent directing him to submit his/her answer within non-extendible period of 7 working days from the receipt thereof;
3. *** motion for clarification, bill of particulars or motion to dismiss shall be entertained; and
4.Failure to file answer, the case shall be decided according to the ****;

*Summary Hearing Officer (SHO)
**summons
***No
****available records

23

* shall be conducted within 15 days from receipt answer or expiration of the 7 working days to file answer;

Purposes:

1. defining and simplifying the issues of the case;

2. Entering into admissions and/or stipulation of facts;

3. marking of exhibits after proper identification by parties/signatories;

4. threshing out other matters relevant to the case

The proceedings in the pre-hearing conference shall be recorded and duly signed by both parties and the SHO.

*Pre-Hearing Conference

24

•The SHO shall direct the parties to file (*) within 15 days from the termination of Pre-Hearing Conference

•The verified position paper is in lieu of a full blown hearing taking into account the summary nature of administrative proceedings

•The position paper shall contain only those charges, defenses and other claims contained in the affidavits and pleadings filed by the parties

•Any additional relevant affidavits and/or documentary evidence may be attached by the parties to their position papers

•Upon receipt of the position paper by the parties, may consider the case submitted for resolution;

•Failure of any of the parties to submit position paper shall be deemed a waiver thereof

*position paper

25

Clarificatory Hearing

•Within 5 days from receipt of the position paper of the parties or after the expiration of the period to file the same, a party may move or the SHO may issue an order for the conduct of (*)

•Both parties shall be afforded the opportunity to be present and submit written clarificatory questions to the SHO.

•SHO shall determine whether or not the ** are necessary and relevant to the fact in issue.

•Both parties may be assisted by counsel during the clarificatory hearing.

•Only one *** is allowed in clarificatory hearing.

•Both parties may submit their respective **** for the consideration of the SHO in arriving at its findings and conclusion.

*ONE-TIME CLARIFICATORY HEARING.

**questions
***postponement
****proposed draft decision

26

-initiated by any person on account of injury or damage as a result of irregular or illegal act or omission of PNP personnel

Citizen Complaint

27

Withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof for a period not exceeding 15 days

Citizen Complaint
COP
Simple Offense

28

Withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof for a period not less than 16 days but not exceeding 30 days

Citizens Complain
Mayor
Simple Offense

29

Withholding of privileges, restriction to specified limits, suspension or forfeiture of salary or any combination thereof for a period not exceeding 30 days; demotion or dismissal from police service

Citizens Complaint
Less grave offenses
Grave Offenses
PLEB

30

-offense affecting order and discipline within PNP organization

-simple misconduct

-negligence

-insubordi-nation

-frequent absences and tardiness

-gambling

Breach of
Internal Discipline