presentation1 disciplinary proceedings pnp
TRANSCRIPT
ADMINISTRATIVE ADMINISTRATIVE DISCIPLINARY DISCIPLINARY
PROCEDURES OF PROCEDURES OF PNP UNIFORMED PNP UNIFORMED
PERSONNELPERSONNEL
LEGAL BASIS ARE R.A 6975, AS LEGAL BASIS ARE R.A 6975, AS AMENDED BY R.A. 8551AMENDED BY R.A. 8551
FURTHER IMPLEMENTED BY FURTHER IMPLEMENTED BY PERTINENT NAPOLCOM PERTINENT NAPOLCOM ISSUANCES PARTICULARLY ISSUANCES PARTICULARLY M.C. 2007-001M.C. 2007-001
Disciplinary AuthoritiesDisciplinary Authorities City or Municipal MayorsCity or Municipal Mayors Chief of Police or equivalent Chief of Police or equivalent
supervisorssupervisors Provincial Directors or equivalent Provincial Directors or equivalent
supervisorssupervisors Regional Directors or equivalent Regional Directors or equivalent
supervisorssupervisors PLEBPLEB Chief of the PNPChief of the PNP Napolcom En BancNapolcom En Banc
Equivalent SupervisorsEquivalent Supervisors
They are vested with disciplinary They are vested with disciplinary authority for minor offenses involving authority for minor offenses involving breach of internal discipline.breach of internal discipline.
Chief of Police – Group Director, Chief of Police – Group Director, Provincial Mobile GroupProvincial Mobile Group
Provincial Police Director – Group Provincial Police Director – Group Director, Regional Mobile GroupDirector, Regional Mobile Group
- Chief of the Regional Unit of - Chief of the Regional Unit of Administrative Administrative and Operational and Operational National Support UnitsNational Support Units
Continuation……..Continuation……..
Regional Police Director – Regional Police Director – Director, PNP Administrative Director, PNP Administrative National Support UnitNational Support Unit
- Director, PNP Operational - Director, PNP Operational National Support UnitNational Support Unit
- Director, Police District Office, - Director, Police District Office, National National Capital Region Police Capital Region Police OfficeOffice
ORIGINAL ORIGINAL JURISDICTIOJURISDICTIO
NN
Citizen’s ComplaintCitizen’s Complaint
Chief of Police or Director of City Chief of Police or Director of City Police OfficesPolice Offices
Mayors of Cities and Mayors of Cities and MunicipalitiesMunicipalities
People’s Law Enforcement Board People’s Law Enforcement Board (PLEB)(PLEB)
Provincial or Regional Internal Provincial or Regional Internal Affairs ServiceAffairs Service
Breach of Internal Breach of Internal DisciplineDiscipline
Chiefs of Police or Equivalent Chiefs of Police or Equivalent Supervisors (15 days)Supervisors (15 days)
Provincial Directors or Provincial Directors or Equivalent Supervisors (30 days)Equivalent Supervisors (30 days)
Regional Directors or Equivalent Regional Directors or Equivalent Supervisors (60 days)Supervisors (60 days)
Chief of the PNP (180 days)Chief of the PNP (180 days)
Summary Dismissal Summary Dismissal PowersPowers
A. Exercisable by the ff.:A. Exercisable by the ff.:1. Napolcom1. Napolcom2. Chief PNP2. Chief PNP3. PNP Regional Directors3. PNP Regional Directors
B. Conditions for its exerciseB. Conditions for its exercise1. Imposable penalty is dismissal from the 1. Imposable penalty is dismissal from the serviceservice2. The offense falls under any of the ff. cases:2. The offense falls under any of the ff. cases:
a. The charge is serious and evidence of a. The charge is serious and evidence of guilt is guilt is strong. strong.
b. Respondent is a recidivist or has been b. Respondent is a recidivist or has been repeatedly charged and there are reasonable repeatedly charged and there are reasonable grounds to believe that he is guilty of the chargegrounds to believe that he is guilty of the charge
Continuation……..Continuation……..
When respondent is guilty of a When respondent is guilty of a serious offense involving conduct serious offense involving conduct unbecoming of a police officer.unbecoming of a police officer.
AWOL cases AWOL cases
VenueVenue
PNP Regional Directors or PNP Regional Directors or Directors of the National Support Directors of the National Support UnitsUnits
Chief of the PNPChief of the PNP Napolcom En BancNapolcom En Banc
Internal Affairs ServiceInternal Affairs Service National, Regional and Provincial National, Regional and Provincial
OfficesOffices Powers and Functions:Powers and Functions:
-pro-actively conduct inspection and -pro-actively conduct inspection and audits on PNP personnel and unitsaudits on PNP personnel and units-investigate complaints and gather -investigate complaints and gather evidence in support of an open evidence in support of an open investigationinvestigation-file appropriate criminal cases againts -file appropriate criminal cases againts PNP members before the court as PNP members before the court as evidence warrantsevidence warrants
Continuation…….Continuation…….
-submit a periodic report on the -submit a periodic report on the assessment, analysis and assessment, analysis and evaluation of the character and evaluation of the character and behavior of PNP personnel and behavior of PNP personnel and units to the Chief PNP and the units to the Chief PNP and the CommissionCommission
-provide assistance to the Office of -provide assistance to the Office of the Ombudsman in cases involving the Ombudsman in cases involving the personnel of the PNP.the personnel of the PNP.
JurisdictionJurisdiction Incidents where a police personnel Incidents where a police personnel
discharges a firearmdischarges a firearm Incidents where death, serious physical Incidents where death, serious physical
injury or any violation of human rights injury or any violation of human rights occurred in the conduct of police operationoccurred in the conduct of police operation
Incidents where evidence was compromised, Incidents where evidence was compromised, tampered with, obliterated, or lost while in tampered with, obliterated, or lost while in the custody of police personnelthe custody of police personnel
Incidents where a suspect in the custody of Incidents where a suspect in the custody of the police was seriously injuredthe police was seriously injured
Incidents where the established rules of Incidents where the established rules of engagement have been violated.engagement have been violated.
AppellateAppellate
JurisdictionJurisdiction
Regional Appellate BoardRegional Appellate Board CompositionComposition
-Senior Officer of the Napolcom Regional Office-Senior Officer of the Napolcom Regional Office-One representative each from the PNP and the -One representative each from the PNP and the RPOCRPOC
Cases AppealableCases Appealable-Decisions of the PLEB-Decisions of the PLEB-Decisions of the PNP RD or equivalent -Decisions of the PNP RD or equivalent supervisorsupervisor-Decisions of City and Municipal mayors-Decisions of City and Municipal mayors- Disciplinary recommendations of the Regiional - Disciplinary recommendations of the Regiional IAS which were not acted upon by the Chief PNP IAS which were not acted upon by the Chief PNP within 30 days from submission where the within 30 days from submission where the recommended penalty is either demotion or recommended penalty is either demotion or dismissal.dismissal.
National Appellate BoardNational Appellate Board CompositionComposition
-Four regular Commissioners to be chaired by the -Four regular Commissioners to be chaired by the Vice-ChairpersonVice-Chairperson
Cases AppealableCases Appealable-Decisions of the Chief PNP where the penalty imposed -Decisions of the Chief PNP where the penalty imposed is demotion or dismissalis demotion or dismissal-Disciplinary recommendations of the Inspector -Disciplinary recommendations of the Inspector General IAS that were not acted upon by the Chief General IAS that were not acted upon by the Chief PNP within 30 days from submission PNP within 30 days from submission -Decisions of the Inspector General affirming the -Decisions of the Inspector General affirming the Resolution of the regional IAS dismissing the Resolution of the regional IAS dismissing the complaint for lack of probable cause.complaint for lack of probable cause.
Secretary of the DILGSecretary of the DILG
Party adversely affected shall file Party adversely affected shall file a Notice of Appeal with the a Notice of Appeal with the Disciplinary AuthorityDisciplinary Authority
Copy furnish the adverse party Copy furnish the adverse party and the Appellate Bodyand the Appellate Body
Within 10 daysWithin 10 days File a Memorandum on Appeal (3 File a Memorandum on Appeal (3
copies) with the SILG within 15 copies) with the SILG within 15 days from the filing of the Noticedays from the filing of the Notice
Civil Service CommissionCivil Service Commission
Within 15 days from noticeWithin 15 days from notice Without prejudice to the filing of Without prejudice to the filing of
a Motion for Reconsiderationa Motion for Reconsideration
Appeal to the Regular Appeal to the Regular CourtsCourts
Court of AppealsCourt of Appeals Supreme CourtSupreme Court