NMC No.

2016-002
Revised Rules of Procedure before the
Administrative Disciplinary Authorities
and
The Internal Affairs Service of the
Philippine National Police

Signed: March 9, 2016

Effectivity: June 15, 2016
 SUMMARY OF BASIC DIFFERENCES
PROVISIONS NMC 2007-001 NMC 2016-002
Pre-Charge Proceedings • Pre-Charge Evaluation based • Initial Evaluation of Complaint
on complaint • Pre-Charge Investigation
• Motion for Re-investigation
Summary Proceedings • Pre-Hearing Conference • Pre-Hearing Conference
• Trial or Position Paper • Position Paper
• Clarificatory Hearing
Offenses • Grave Misconduct –Violation • Re-classification of offenses
of RPC or special laws and according to gravity of penalty
Dishonesty • Re-classification of Dishonesty
according to CSC rules
Penalties • Reprimand is not a penalty • Reprimand is a penalty
Disciplinary Authority • SD Cases – Directors NSUs • SD Cases – Directors, NSUs are
are Disciplinary Authority not Disciplinary Authority
Effect of Death • Dismissal of the admin cases • No automatic dismissal of the
regardless of stage admin cases

BACK
NMC No. 2016-002 - FLOW CHART ON REVISED RULES OF
PROCEDURE
DIDM or its equivalent offices
PRE-CHARGE REPORT
INITIAL Approved by
COMPLAINT INVESTIGATION
EVALUATION OF DA or IAS
COMPLAINT 18 days 5 days

SUBMISSIO PRE-
With
N OF HEARING Refer to Dropped
Probable
POSITION CONFERENC SHO and closed
Cause
PAPER E
ONE
15 days 15 days
CLARIFICATOR
Motion for Re-
Y HEARING investigation
5 days
3 days
DPRM or its equivalent offices

RESOLUTIO Granted Resolution

15 days
N
30 days

Decision MR OR IMPLEMENTATIO Denied

30 days APPEAL N OF DECISION
10 days 5 days
Complaint
is a written and sworn statement regarding a wrong, grievance or injury sustained by
a person.

Initial Evaluation of the Compliant – 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

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.

BACK
Pre- Charge Investigation Report

• Report shall be prepared within 5 days from the termination of pre-

charge investigation

• The Report shall be submitted to Disciplinary Authority or IAS for

approval

• The complete records and the formal charge 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 Disciplinary Authority or IAS and the complainant shall be
informed about the dismissal of his/her complaint
BACK
Motion For Re-investigation

• The complainant may file a motion for re-investigation 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 palpable mistake in the

appreciation of the complaint, counter-affidavit and other supporting
evidence

• Only one motion for re-investigation shall be allowed

• The motion shall be resolved within 15 days from the receipt

thereof.
BACK
Initial Actions of Summary Hearing Officer (SHO)

1. Assignment of approved Pre-Charge Investigation Report with

probable cause to Summary Hearing Officer (SHO) within 5 days from
the receipt thereof;

2. The SHO shall issue summons 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. No 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

available records;
BACK
Pre –Hearing Conference

Pre-Hearing Conference 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.
BACK
Submission of Position Paper

• The SHO shall direct the parties to file position paper 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
BACK
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 ONE-TIME CLARIFICATORY HEARING.

• 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 questions are necessary and relevant to the
fact in issue.

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

• Only one postponement is allowed in clarificatory hearing.

• Both parties may submit their respective proposed draft decision for the consideration
of the SHO in arriving at its findings and conclusion.
BACK
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction

COP • Simple Offenses Withholding of privileges, restriction to

Citizen specified limits, suspension or forfeiture
Complaint of salary or any combination thereof for a
period not exceeding 15 days
-initiated by Mayor -
any person • Simple Offenses Withholding of privileges, restriction to
specified limits, suspension or forfeiture
-On account of salary or any combination thereof for a
of injury or period not less than 16 days but not
damage exceeding 30 days
--as a result
of irregular PLEB - • Less grave Withholding of privileges, restriction to
or illegal act offenses specified limits, suspension or forfeiture
or omission • Grave Offenses of salary or any combination thereof for a
of PNP period not exceeding 30 days; demotion
personnel or dismissal from police service
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction
Breach of COP C, PPSC • Simple Offenses Admonition; reprimand; withholding of
Internal C, DPSB privileges, restriction to specified limits,
Discipline C, PS (MPD) suspension or forfeiture of salary or any
C, PS combination of the foregoing provided that in
-offense (QCPD) all cases, the total period shall not exceed 15
affecting order days
and discipline Provincial Director, CPO • Simple Offenses Admonition; reprimand; withholding of
within PNP Director C, RPSB privileges, restrictive custody, suspension or
organization C, Regional forfeiture of salary or any combination of the
NSUs foregoing provided that in all cases, the total
-simple period shall not exceed 30 days
misconduct
Regional - District • Simple Admonition or reprimand withholding of
-negligence Director Director of • Less grave privileges, restrictive custody, suspension or
NCRPO offenses forfeiture of salary ; demotion or dismissal
-insubordi- - Director, • Grave Offenses from police service or any combination of the
nation NSUs foregoing provided that in all cases, the total
period shall not exceed 60 days
-frequent
absences and CPNP - • Simple Dismissal from police service, demotion,
tardiness • Less grave suspension or forfeiture of salary or any
offenses combination thereof for a period not exceeding
-gambling • Grave Offenses 180 days.
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction
SUMMARY DISMISSAL NAPOLCOM - Grave Offenses
CASES
CPNP - Grave Offenses
-charge is serious and
evidence is strong
MAXIMUM PENALTY:
-Recidivist or repeatedly
charge and there is reasonable DISMISSAL FROM POLICE
ground that he/she is guilty of Regional - Grave Offenses SERVICE
the charge Director

-guilty of serious offense

involving conduct of
unbecoming of police officer

-AWOL for a continuous

period of 30 calendar days
(Serious Neglect of Duty)
Internal Affairs Service:
conduct motu propio investigation on the following cases:

1. incidents where a police personnel discharges a firearm;

2. incidents where death, serious physical injury or any violation of human
rights occurred in the conduct of police operation
3. incidents where evidence are compromised, tampered with, obliterated, or
lost while in the custody of police personnel
4. incidents where a suspect in the custody of the police was seriously injured
5. incidents where the established rules of engagement have been violated

Inclusion of Superior or Supervisors in IAS investigation – the immediate

supervisor or superior of the personnel of a unit being investigated under any of the
above cases shall be automatically included in the investigation of the IAS to
exclusively determine lapses in administration or supervision.

IAS resolution is recommendatory in nature and shall be submitted to Disciplinary

Authority for final disposition of the case
Effect of Death

1. In situation where death occurred while the case pending investigation:

• Case should not be dismissed if the respondent was afforded due process by
receipt of notice where he/she filed his/her answer or waived his/her right
to file answer.

• Case should be dismissed, If respondent dies before he/she could file his
answer.

2. In situation where the death occurred after the respondent has perfected
his/her appeal before Appellate Body

• The appeal shall continue until its final determination.

• In case the deceased respondent-appellant wins the appeal, material

benefits shall accrue to legal heirs subject to Law on Succession.
Classification of Offenses:
Simple Misconduct
• Commit any act or omission that constitutes a crime punishable under RPC or
special laws where the duration of imposable penalty is imprisonment of one
day to one month (1-30 days)
• Simple dishonesty

Less Grave Misconduct

• Commit any act or omission that constitutes a crime punishable under RPC or
special laws where the duration of imposable penalty is imprisonment of one
month and one day to six months (31-180 days)
• Less Grave dishonesty

Grave Misconduct
• Commit any act or omission that constitutes a crime punishable under RPC or
special laws where the duration of imposable penalty is imprisonment not lower
than six months and one day (181 days and above)
• Grave dishonesty
Imposable Penalties

• Reprimand is now a penalty

• For light offenses, first offender shall be given a penalty of

reprimand

Appreciation of Mitigating and Aggravating Circumstances

• The mitigating should be invoked by the respondent

• The aggravating should be alleged or pleaded by the party

concerned
Repealing Clause:
Memorandum Circular Number 93-014, 96-010, 98-014, 99-006, 99-014, 2002-
010, 2002-013 and 2007-001 are repealed. All other NAPOLCOM issuances or
portions thereof inconsistent with this Memorandum Circular are hereby superseded or
modified accordingly.

Application to Pending Cases:

These Rules shall apply to pending administrative investigation/cases with the
different Disciplinary Authorities, Appellate Bodies and IAS in so far as practical and
applicable. Provided however, that the offenses and penalties reclassified under
these Rules shall have retroactive effect insofar as they are favorable to the
respondent

Penal Clause:
Any public official or employee who violates any of the provisions in this Circular
shall be dealt with accordingly.
END OF PRESENTATION
 CONFLICTING PROVISIONS

NMC 2007-001 RRACCS

 Pre-Charge Investigation/Evaluation • Preliminary Investigation
- Based on complaint - with Notice to respondent to file
- No Notice to respondent to file answer/ Counter Affidavit
answer
• Determination of prima facie
• Determination of probable cause
• Formal charge
• Charge Sheet

Administrative Case of PO2 Marlon F Bondad

- Dismissed from police service by RD, PRO4A

- Decision was set aside due to lack of due process by CSC because the Pre-Charge
Investigation and Charge Sheet pursuant to NMC No. 2007-001 do not conform to the
provisions of the RRACCS.
- Hence, the Decision rendered is fatally defective and it must be struck down for being
violative of due process”
 Timetable for the
Disposition of Administrative Proceedings
  Action to be Undertaken Time Provided Duration
Issuance of Summons to Within three (3) days from receipt of complaint/case
a Three (3) days
Respondent folder
Submission of Answer (by the Within an inextendible seven (7) days from receipt
b Seven (7) days
Respondent) of the summons
c Pre-Hearing Conference Within fifteen (15) days from receipt of Answer Fifteen (15) days

Submission of verified Position

Within fifteen (15) days from the termination of Pre
d Paper in lieu of a full blown Fifteen (15) days
hearing Conference
hearing

One (1) time Clarificatory Within five (5) days from receipt of position papers
e Five (5) days
Hearing or after the expiration of the period to file the same

Drafting of Report of Within thirty (30) days from the date the case is
f Thirty (30) days
Investigation and Decision submitted for resolution

Seventy-five (75)
  Total  
days
 The timeframe provided herein is without
prejudice to possible unforeseen events such as
failure to notices and conflicts in schedules which
cause delay. Be that as it may, “The Summary
Hearing Officer, upon receipt of the case folder,
shall have at most sixty (60) days to resolve the
case.” (Section II, para 1, PNP Pre-Charge
Evaluation and Summary Hearing Guide).
 
 The term “within” a certain number of days means that
the SHO may perform the action without waiting for the
maximum number of days to elapse.
For instance, the SHO may conduct the pre-hearing
conference three (3) days after receipt of the respondent’s
Answer as the rules require that the same be conducted “within
fifteen (15) days” from receipt of the answer.
Same is true with the service of summons which can be
done on the day that the case folder is received without having
to wait for three (3) days.
Lastly, one (1) postponement shall be granted to each
parties which may be granted only on the ground of illness of
the party concerned or his/her counsel or other valid causes.