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

 ALL ABOUT NMC 2016-002
Effectivity: JUNE 15, 2016

Scope and Application : ALL ADMINISTRATIVE CASES FILED AGAINST

PNP UNIFORMED PERSONEL BEFORE DAs AND IAS

Construction: LIBERALLY CONSTRUED

Nature of Proceedings: SUMMARY IN NATURE; CSC LAWS AND

RULES AND RULES OF COURT SUPPLETORILY APPLICABLE
 SUMMARY OF BASIC DIFFERENCES
PROVISIONS NMC 2007-001 NMC 2016-002

Pre-Charge Proceedings • Pre-Charge Evaluation based on • Initial Evaluation of Complaint

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 of RPC or • Re-classification of offenses according to

special laws and Dishonesty gravity of penalty
• Re-classification of Dishonesty according
to CSC rules

Penalties • Reprimand is not a penalty • Reprimand is a penalty

Disciplinary Authority • SD Cases – Directors NSUs are • SD Cases – Directors, NSUs are not
Disciplinary Authority Disciplinary Authority

Effect of Death • Dismissal of the admin cases • No automatic dismissal of the admin
regardless of stage cases
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

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

RESOLUTION
Granted Resolution
15 days
30 days

Decision MR OR IMPLEMENTATIO Denied

30 days APPEAL N OF DECISION
10 days 5 days
Venue : DAs or IAS which has territorial jurisdiction where the offense is
committed.

Transfer of Venue:
1.Harassment, intimidation, etc.
2.Imminent and direct threat to the life and limb of the parties
3.Parties are harmed due to investigation
4.Better serve the ends of justice
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction

COP • Simple Offenses Withholding of privileges, restriction to

Citizen specified limits, suspension or forfeiture of
Complaint salary or any combination thereof for a period
not exceeding 15 days
-initiated by
any person
Mayor -
-On account •Simple Offenses Withholding of privileges, restriction to
of injury or specified limits, suspension or forfeiture of
damage salary or any combination thereof for a period
not less than 16 days but not exceeding 30 days
--as a result of
irregular or
illegal act or PLEB - • Less grave offenses Withholding of privileges, restriction to
omission of • Grave Offenses specified limits, suspension or forfeiture of
PNP personnel salary or any combination thereof for a period
exceeding 30 days; demotion 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 privileges,

Internal C, DPSB restriction to specified limits, suspension or forfeiture
Discipline C, PS (MPD) of salary or any combination of the foregoing provided
C, PS (QCPD) that in all cases, the total period shall not exceed 15
-offense days
affecting order
and discipline Provincial Director Director, CPO • Simple Offenses Admonition; reprimand; withholding of privileges,
within PNP C, RPSB restrictive custody, suspension or forfeiture of salary or
organization C, Regional any combination of the foregoing provided that in all
NSUs cases, the total period shall not exceed 30 days
-simple
misconduct
Regional Director - District • Simple Admonition or reprimand withholding of privileges,
-negligence Director of • Less grave offenses restrictive custody, suspension or forfeiture of salary ;
NCRPO • Grave Offenses demotion or dismissal from police service or any
-insubordi- - Director, combination of the foregoing provided that in all cases,
nation NSUs the total period shall not exceed 60 days

-frequent
absences and
tardiness CPNP - • Simple Dismissal from police service, demotion, suspension or
• Less grave offenses forfeiture of salary or any combination thereof for a
-gambling • Grave Offenses period not exceeding 180 days.
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction
SUMMARY DISMISSAL CASES NAPOLCOM - Grave Offenses

-charge is serious and evidence is CPNP - Grave Offenses

strong

-Recidivist or repeatedly charge and MAXIMUM PENALTY:

there is reasonable ground that
he/she is guilty of the charge Regional - Grave Offenses DISMISSAL FROM POLICE
Director SERVICE
-guilty of serious offense involving
conduct of unbecoming of police
officer

-AWOL for a continuous period of

30 calendar days
(Serious Neglect of Duty)
 COMPLAINT
 is a written and sworn statement regarding a wrong, grievance or
injury sustained by a person.
 Subscribed and sworn to
 Accompanied by non-forum shopping, if none, submit within 5
days or complaint dismissed
Initial Evaluation of the Complaint – 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.

BAC
K
 PRINCIPLE OF EXCLUSIVITY
 Heard and decided exclusively by DA or IAS which first acquired
jurisdiction
 OMB original jurisdiction – violations of RA 1379 (ill gotten); RA 3019;
RA 6713; RA 7080 (plunder); RA 9184; RA 9485 (red tape); bribery,
malversation; violation of graft laws
 NAPOLCOM – grave admin cases
 PNP – breach of internal discipline or minor offenses
 Violation of DA or IAS, Investigator or SHO liable for serious
irregularity in the performance of duty
Pre-Charge Investigation:
Preliminary examination and investigation of the complaint for the
purpose of determining the existence or non-existence of probable cause
This pertains to the following process:
a. docket the approved Initial Evaluation Report;
b. assign and designate pre-charge investigator;
c. give the respondent a copy of complaint and its supporting documents
within 3 days from docketing thereof – commencement of PCI;
d. give the respondent a chance to submit counter-affidavit/answer within 5
days from receipt and failure to submit shall be deemed a waiver thereof;
e. no motion for extension of time shall interrupt the 5-day period;
f. parties may be called for clarificatory questioning and may affirm their
respective pieces of evidence;
g. Termination of investigation within 10 days from receipt of answer or from
expiration of 5-day period
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 (contain specific charge, brief
statement of relevant facts and aggravating circumstance if any) shall be
attached to the report

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

numbered. Entry in the official docket and assignment of case no.
• 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
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.
Initial Actions of (DLOD/S) 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, waiver of right to submit the same and the case shall be decided
according to the available records;
5.Admission of guilt, SHO shall determine penalty
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.
 PREVENTIVE SUSPENSION
• Preventive suspension: upon motion, at any time before
submission of position paper of the complainant or conduct of
clarificatory hearing. Not exceeding 90 days.

Grounds:

Charge is serious and

evidence to show harassment, intimidate etc. to withdraw case or

retract affidavit or tamper evidence
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
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 and may be
assisted in preparation of pleading.

•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.
Internal Affairs Service:
conduct motu propro 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
 Prohibition of reassignment of transfer during pendency except
when certified by Das or IAS
 Effect of compulsory retirement: does not affect pendency of
case but retirement benefits subject to final disposition of the
case
Effect of Death

1.Death occurred while the case pending investigation:

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

2. 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.
Respondent found liable for an offense separate and distinct from which
he was charged –allowed provided acts were alleged and there was
opportunity to answer

MR – one MR to be decided within 15 days

1.Newly discovered evidence

2. Errors of law or irregularities prejudicial to respondent

3. Decision not supported by evidence on record

 Appeal
RAB –

1.decisions of city and municipal mayors as DAs

2.PLEB and RD (CC)imposing penalty of demotion & dismissal
3.RD & equivalent supervisors (ID) with same penalties
4.RD under SDP
NAB

1.CPNP

2. IG affirming reso of RIAS and Prosec Div dismissing complaint

SILG
1. RAB & NAB

CSC
1. SILG’s appellate jurisdiction except NAB affirming
dismisssal of complaint
2. NAPOLCOM En Banc SDP except approval dismissing of
complaint
 Punishable Offenses

Neglect of Duty/nonfeasance
Irregularities/misfeasance
Misconduct/malfeasance
Dishonesty
Conduct unbecoming
Incompetence
Oppression
Disloyalty to the government
Classification of offenses:
Light offenses

Less grave offenses

Grave offenses
Classification of dishonesty
Simple – no damage to govt, not related to duties, no gain

Less grave – damaged to govt, not serious & did not take advantage of
position

Grave –damaged to govt, taking advantage of position, fraud etc.

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:
A Reprimand

B Withholding of privileges

C Restriction to specified limits

D Restrictive custody

E Forfeiture of salary

F Suspension

G combination of a to f except f & e

H one rank demotion

I dismissal
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

END OF PRESENTATION