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| INSPECTION AND AUDIT OF PNP OFFICES/UNITS DISCIPLINARY MACHINERY / APPELLATE BOARD NATIONAL
APPELLATE BOARD (NAB) The decision rendered by the NAB disposing an appealed case becomes final and executory unless a Motion for Reconsideration is filed within ten (10) days from receipt thereof in which case it becomes final and executory only upon receipt by the appellant of the NAB resolution denying, modifying or affirming the decision. In 1998, Congress passed into law RA 8551 which provided for the reform and reorganization of the PNP as well as the amendment of certain provisions of RA 6975. One such significant amendment is Section 54 of said law which provided for the re-composition of the Napolcom National Appellate Board into a single appellate body chaired by the Commission Executive Officer with the four (4) other regular commissioners as members thereby abolishing the four (4) NAB divisions which used to function as such pursuant to the mandate of RA 6975. Under Section 50 of RA 8551, the NAB is also mandated to review appeal decisions on administrative cases rendered by the national office of the PNP Internal Affairs Service. CASE DISPOSITION IN THE REGIONAL APPELLATE BOARDS (RAB) Relatedly, Sec. 44 of RA 6975 provides that there shall be at least one (1) Regional Appellate Board per administrative region in the country to be composed of a senior officer of the Regional Commission as Chairman and one (1) representative each from the PNP and the Regional Peace and Order Council as members. The Commission may create additional Regional Appellate Boards as the need arises. The disciplinary action imposed upon a member of the PNP shall be final and executory. Provided, that a disciplinary action imposed by the PNP Regional Director or its equivalent or by the PLEB involving demotion or dismissal from the service may be appealed to the Regional Appellate Board within ten (10) days from receipt of the copy of the notice of decision; provided furthermore, that the Regional Appellate Board, as the case may be, shall decide the appeal within sixty (60) days from receipt of the notice of appeal. The failure of the Regional Appellate Board to act on the appeal within said period shall render the decision final and executory without prejudice, however, to the filing of an appeal by either party with the Secretary. Napolcom Memorandum Circular No. 96-010 prescribing the rules and regulations in the disposition of administrative cases involving PNP members before the PNP disciplinary authorities provides that the respondent may file an appeal with the appropriate Napolcom Appellate Board on the following grounds: a. That new and material evidence has been discovered which appellant could not, with reasonable diligence have discovered and produced at the hearing, and which if presented would probably change the decision; b. That errors of law or irregularities have been committed during the hearing prejudicial to the substantial rights of the appelant; c. That the findings of fact of the Disciplinary Authority are not supported by substantial evidence; or d. That the penalty imposed is not commensurate to the offense committed. An appeal shall be perfected by the respondent by filing and serving upon the Disciplinary Authority a Notice of Appeal within ten (10) days from receipt of the decision/resolution subject of the appeal; within three (3) working days from receipt of the Notice of Appeal, the deciding disciplinary authority concerned shall forward the entire records of the case, duly numbered and initialed, and the exhibits properly marked to include the summary record of proceedings to the Napolcom Appellate Board concerned. (Sec. 11, (6.02) MC No. 96-010). Decisions, resolutions or orders promulgated by the Regional Appellate Board shall be referred to the proper PNP authorities for implementation by personal service or by registered mail to the parties affected. Failure and/or refusal to serve and/or implement the said legal processes within three (3) days upon receipt thereof shall be considered as an administrative offense subject to disciplinary punishment for Serious Neglect of Duty/Insubordination. CONDUCT OF PRE-CHARGE INVESTIGATION Republic Act No. 8551 which amended R.A. No. 6975 grants the National Police Commission the summary dismissal power over PNP members with administrative cases. The Inspection, Monitoring and Investigation Service of the Commission, which is mandated to investigate police anomalies and irregularities, upon receipt of a letter-complaint, official report or any paper or document denouncing a police officer for alleged of official conduct, which on the face thereof falls within the jurisdiction of the Commission as Summary Dismissal Authority, forthwith conduct pre-charge investigation. In the conduct of the pre-charge investigation, both the complainant and the respondent and their witnesses, if any are summoned to appear and submit their respective affidavit/s and country affidavit/s. Failure or refusal of the respondent to appear despite due notice shall be sufficient ground to proceed with the investigation ex-parte. The Inspection, Monitoring and Investigation Service and the regional offices of the Commission may, motu propio, initiate the filing of a complaint against a PNP member after conducting the appropriate pre-charge investigation. As provided for in Rule III, Napolcom Memorandum Circular No. 98-014 dated October 30, 1998, the following are rules and regulations governing the conduct of summary dismissal proceedings involving members of the PNP before the National Police Commission as Summary Dismissal Authority. Rule III PROCEDURE Section 1. Complaint. - All proceedings must be commenced by a complaint in writing under oath, by the aggrieved party of his duly authorized representative or guardian against any member of the PNP, accompanied by sworn statements of witnesses and other evidence thereof. Three (3) copies of the complain shall be filed with the Commission. Section 2. Formal Requirements of a Complaint. - The complainant shall be written in clear, simple and concise language as to apprise the police officer of the nature and cause of the charge(s) against him to enable him to intelligently prepare his answer and other responsive pleadings. The complaint shall contain the following: a) Full name and address of the complainant; b) Full name, rank and station or assignment of the respondent; and c) A narration of the relevant and material facts which show the acts or omissions constituting the offense allegedly committed by the officer. Section 3. Action on the Complaint. - Within three (3) days from receipt of the complaint which is sufficient in form and substance, the Commission shall evaluate the same to determine if it falls under the jurisdiction and whether, based on the complaint and supporting documents submitted in support thereto, a prima facie case exists as to warrant the conduct of formal hearing. If it finds that the complaint falls within the jurisdiction and there exist a prima facie case, the Commission as Summary Dismissal Authority may itself conduct the formal hearing thereof, or may designate a Summary Hearing Officer to conduct the formal reception of evidence. However, if on the basis of such papers a prima facie case is found not to exist, the Commission shall dismiss the case. Section 4. Summons and Order to Answer. - After a finding of prima facie case, the Commission shall cause the issuance of summons, attaching therewith a copy of the complaint and other supporting documents, upon the respondent requiring to file his answer or other responding pleadings within three (3) days from receipt. Only one (1) motion for extension of time to file answer is allowed. Section 5. Answer. - The answer shall be in writing and must contain material facts, which may either be specific denial or affirmation of the allegations in the complaint and shall be accompanied by documents or other evidence, if there be any, in support of the defense, copy furnished the complainant. Failure to file an answer shall be considered as a general denial of the charge. Section 6. Hearing Proper. - Within five (5) days after receipt of respondent's answer, the Commission of its designated Summary Hearing Officer, Board or Committee shall conduct a formal hearing, which shall be terminated within five (5) successive working days from its commencement. The order of hearing shall be as follows: a) The complainant shall adduce evidence with proper identification and marking of his exhibits. b) The respondent shall then present evidence in support of his defense with proper identification and marking of his exhibits. c) The proceedings being summary in nature, direct examination of witnesses shall be dispensed with, and the sworn statements/affidavits of witnesses, after proper identification and affirmation on the truth of the contents thereof, shall take the place of their oral testimony; d) Clarificatory examination, if requested by either party, shall be confined to material and relevant matters and, insofar as may be compatible with the ends of justice, shall be limited to no more than fifteen (15) minutes of each witnesses. When the formal reception of evidence is conducted by a Summary Hearing Officer, Board or Committee, the Officer, Board or Committee shall submit to the Commission a report of investigation containing the corresponding recommendation, within ten (10) days after the termination of the proceedings. Despite the termination of the formal hearing conducted by the Summary Hearing Officer, Board or Committee, the Commission in the interest of justice, and if it believes that there are matters to be clarified, may set a hearing to propound clarificatory questions to the parties or their witnesses during which the parties shall be afforded an opportunity to be present but without the right to examine or cross-examine. If the parties so desire, they may submit questions to the Commission which the latter may propound to the parties or witnesses concerned. Section 7. Period for Rendition of Decision. - The Commission shall decide the case within ten (10) days after termination of hearing or submission of the report of investigation by the designated Summary Hearing Officer, Board or Committee. Section 8. Contents of the Decision. - The decision shall contain the name of the parties, the finding of fact(s) by the Commission as established during the hearing, the conclusion of law upon which they based, the disposition thereof by mentioning the offense to which respondent was exonerated or found culpable, and the appropriate penalty to be imposed, signed by a majority of the members of the Commission. Section 9. Service of Decision. - Decisions of the Commission shall be served either personally or by registered mail at respondent's place of assignment or at his last known address within three (3) days from rendition thereof. Complainant shall be sent a copy of the decision for his information. In all cases, proof of such service shall be attached to the records for information and ready reference. Section 10. Finality of Decision. - A decision of the Commission imposing upon the respondent a penalty of dismissal from the police service shall be immediately executory, notwithstanding the filing of a motion for reconsideration. A penalty of demotion in rank, forced resignation or suspension shall become final and executory after (7) regular working days from respondent's receipt of a copy of the decision if no motion for reconsideration is filed. Section 11. Motion for Reconsideration. - Either party may file a motion for reconsideration of the decision rendered by the Commission within ten (10) days from receipt thereof. Only one (1) motion for reconsideration is allowed which shall be resolved within ten (10) days from the filing thereof. Section 12. Prohibition Against Multiple Complaints and Forum Shopping. - When an administrative complaint is filed against a police officer before an administrative disciplinary authority or body, no other administrative case involving the same cause of action shall be filed to any other disciplinary authority or body. For this purpose, the complainant shall certify under oath in the pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the following acts and undertakings: a) That he has not heretofore commenced any other action or proceeding involving the same issues in other disciplinary action; b) That to the best of his knowledge, no such action or proceeding is pending in other police administrative disciplinary machinery or authority. c) That if there is any such action or proceeding which is either pending or may have been terminated, he must state the status thereof; and d) That is he should thereafter learn that a similar action or proceeding has been filed or is pending before any other police disciplinary authority, he must undertake to report that fact within five (5) days therefrom to the disciplinary authority where the original complaint or pleading has been filed. Any willful and deliberate forum shopping by the complainant to ensure a favorable action or advantage over the respondent, as well as the inclusion of a false certification in connection thereof, shall be a sufficient basis to dismiss the complaint. Section 13. Preventive Suspension. - The Commission may, at any time during the formal hearing, place the respondent on preventive suspension under the following circumstances: a) That the charge is serious; or b) Although the charge is not serious, there is evidence to show that the respondent is exerting efforts to harass, intimidate, coerce, or unduly influence complainant or any of his witnesses into withdrawing his complaint or retracting his sworn statement or that of his witnesses against the respondent. The period or preventive suspension shall not exceed ninety (90) days. Upon the expiration thereof, the suspended police officer shall automatically be reinstated, without prejudice to the continuation of the proceedings against him. While under preventive suspension, respondent shall not receive his salary and other benefits. However, in case of exoneration, respondent shall be reinstated with full payment of back-salaries and such emoluments which he failed to receive during such suspension. Section 14. Lifting of Preventive Suspension. - The preventive suspension issued by the Commission may be lifted on any of the following grounds: a) In the exigency of the service as recommended by respondent's superior or immediate supervisor/chief of police; b) When the prosecution or complainant has rested his case; c) Other reasons or justification which respondent may submit for the consideration of the Commission. Section 15. Effect of Failure or Refusal of Complainant to Prosecute. - The failure or refusal of the complainant to appear and to prosecute the case during the hearing, despite due notice, shall be a sufficient ground to drop the complaint where the culpability of the respondent could not be established or proven without the testimony of the complainant. The Commission shall endeavor to pursue the hearing by securing the attendance of complainant and vital witnesses to avoid miscarriage of justice. Section 16. Effect of Failure or Refusal of Respondent to Appear. - If the respondent, despite due notice, fails or refuses to appear during the scheduled hearing, he is deemed to have waived his right to be present, and to submit evidence in his favor. The scheduled hearing shall proceed ex-parte. Section 17. Postponement. - Postponement of hearing shall be discouraged. It shall be allowed only in case of illness on the part of either the complainant or respondent which shall be supported by a duly sworn medical certificate. Only one (1) for postponement shall be allowed regardless of the grounds invoked. Section 18. Records of Proceedings. - There shall be a record of proceedings, containing a substantial account of each hearing, certified to as correct by the Summary Hearing Officer, Board or Committee. RENDITION OF LEGAL SERVICES The Legal Affairs Service (LAS) acts as the legal counsel of the Commission, and as such, provides varied legal and other counselling services involving the administration and enforcement of PNP laws, rules and regulations. Pursuant to a Joint Memorandum Circular entitled "Prescribing the Rules and Regulations Implementing Section 49 of Republic Act No. 6975, As Amended" dated February 2, 2000, executed by and between the Department of Justice (DOJ), Philippine National Police (PNP) and National Police Commission (Napolcom), the latter thru the LAS and its regional offices provide legal assistance to members of the Philippine National Police (PNP) who are charged before the prosecutors office, the court or any competent body for service-connected offenses. It includes legal service, consultation, advice or representation to be rendered in favor of a PNP member in all stages of a criminal or administrative proceeding, subject to the procedural requirements stated therein. The LAS likewise renders legal advice to walk-in clients particularly the public on matters pertaining to the National Police Commission and the Philippine National Police. PROVISION OF LEGAL ADVICES AND CONSULTANCY SERVICES TO THE PEOPLE'S LAW ENFORCEMENT BOARDS (PLEBs) The assistance provided by the Legal Affairs Service to the People's Law Enforcement Boards (PLEBs) which is created under RA 6975 (PNP Law) to hear and decide citizen's complaints or cases filed before them against erring officers and members of the Philippine National Police, includes the regular conduct of PLEBs training-workshops with the end-in-view of enhancing their capability in the discharge of their statutory mandate in the investigation of administrative disciplinary cases against erring PNP members, specifically in enhancing their skills in the art of administrative investigation and decision making to the optimum, as well as improve their knowledge and appreciation of relevant laws, rules and regulations, policies and issuances, as well as pertinent decisions, opinions and rulings. The same law also mandated the Commission to assign the present NAPOLCOM hearing officers to act as legal consultants of the PLEBs and provide, whenever necessary, legal services, assistance and advise to the PLEBs in hearing and deciding cases against officers and members of the PNP, especially those involving difficult questions of law. GRANT OF TESTIMONIAL ELIGIBILITY In compliance with the Board of Officers' Resolution No. 04 and Napolcom Resolution No. 91-20 pursuant to R.A. No. 6975, the National Police Commission is empowered to grant testimonial eligibilities in various categories to qualified PNP members for change of appointment status from temporary to permanent as well as for purposes of promotion. As per Resolution No. 04, the following shall be eligible for the grant of testimonial eligibility: "For officers and non-officers of the PC and INP with the rank higher than Police Officer I and who are absorbed into the PNP, pursuant to Phase I, Section 85 of Republic Act No. 6975, and who do not meet the requirements under par (e), Section 30 of R.A. 6975 in their absorption ranks shall be granted the testimonial eligibilities corresponding to their present ranks." Interested applicants may submit the following documents to the Examining Division, PAS, 4th Floor, National Police Commission, 371 Sen. Gil Puyat Avenue, Makati City: Service Record Absorption Order Personal Data Sheet Republic of the Philippines
Department of the Interior and Local Government NATIONAL POLICE COMMISSION Makati City PNP EXAMINATION ANNOUNCEMENT The National Police Commission, pursuant to its constitutional mandate to administer and control the Philippine National Police (PNP), will conduct nationwide the PNP ENTRANCE for the following categories: POLICE OFFICER The PNP ENTRANCE EXAMINATION is open to civilians who comply with the age, height and educational requirements as provided herein, as well as to PNP members with the rank of Police Officer I (PO1) whose appointments are temporary for lack of appropriate eligibility. Those who pass this examination are conferred the “PNP Entrance “ eligibility which is appropriate for appointment to the rank of Police Officer I in the PNP by the Napolcom. The PROMOTIONAL EXAMINATIONS are open exclusively to all qualified uniformed members of the PNP who meet the minimum qualification standards for examination in terms of rank, number of years in the service or experience, education, training and eligibility as provided herein. Those who pass the promotional examinations shall be conferred eligibilities appropriate for promotion to the ranks corresponding to the examination’s Eligibility Rank Coverage (ERC). The eligibilities acquired through the PNP Entrance and Promotional Examinations are the eligibilities required for appointment/promotion of PNP uniformed personnel, as prescribed under Sec. 30 of Republic Act No. 6975, as amended by Republic Act No. 8551. Clik Here for more information PERMANENT TOTAL DISABILITY BENEFITS (Benefits under R.A. 4864 (Police Act of 1966, as amended by Presidential Decrees Nos. 448 and 1148) A Philippine National Police (PNP) member who contracts sickness, suffers injuries and/or becomes permanently incapacitated due to reasons which are service-connected, can avail of the benefits under Presidential Decree No. 448 which was signed on May 9, 1974. This Decree, amended certain sections of Republic Act No. 4864, otherwise known as the "Police Act of 1966", and Presidential Decrees No. 12 and 12-A. BENEFITS GRANTED UNDER R.A. 4864, as amended by PDs 448 and 1184 (Permanent Total Disability)
Survivorship Benefit is a 5-year guaranteed pension period. If the member who has been retired under Permanent Total Disability die within five (5) years from his retirement, the surviving legal spouse or in the absence thereof, the surviving dependent legitimate children (below 21 years old) may request for the transfer of the monthly pension benefits for the remainder of the five (5) years guaranteed period. FILING OF CLAIM The application for benefit claim, together with pertinent required documents, may be filed with the Napolcom Provincial Officer of the province or city where such member is stationed. If the member is incapable to file his own claim, any of the following members of his family may file in his behalf, to wit:
REQUIRED DOCUMENTS FOR PERMANENT TOTAL DISABILITY BENEFITS 1. Letter of application in quadruplicate and under oath addressed to the Napolcom Regional Director concerned. 2. Recommendation of the Director-General, PNP for the member's compulsory retirement by reason of his illness or injury. 3. Certificate from the appropriate medical officer that member is
unfit to further perform the duties of a public safety 4. Service Record duly authenticated by the Chief of Police (Station Commander) 5. Detailed Investigation Report from the Chief of Police (Station
Commander) or his duly authorized representative as 6. Certified true xerox copy of the appointment of the claimant. 7. Information sheet of the claimant. 8. Certificate of clearance re: money and property accountability. 9. Official receipts, duly dated and numbered, for reasonable medical
and hospitalization expenses incurred on account 10. Certificate from the Chief of Police (Station Commander) or his
authorized representative indicating the claimant's 11. Certificate from the Napolcom Regional Office that the PNP member (claimant) has no pending case. 12. Copy of the criminal complaint or information in cases of a benefit
claim for an injury which is the subject of a 13. Member's latest payslip (Benefits under R.A. 4864 (Police Act of 1966), as amended by Presidential Decree Nos. 446 and 1184) A PNP member who sustains an injury or sickness while performing his/her official functions and thereafter results to death or is killed in line of duty is entitled to death benefits under Presidential Decree No. 1184, otherwise known as the "Integrated National Police Personnel Professionalization Law of 1977," which took effect on August 26, 1977, amending R.A. 4864. Benefits Granted Under R.A. 4864, as amended by PDs 448 and 1184 (Death Benefits)
The claim, together with pertinent required documents, may be filed with the Napolcom Provincial Officer of the province or city where the member had been stationed prior to his death. BeneficiariesListed hereunder are the following beneficiaries, according to the order of precedence, who can claim the benefits:
Required Documents for Death Benefits Claim
Procedures in the Processing of Claim
The Regional Office shall send a letter to the claimant notifying him if the claim is approved or denied. If a claim is denied, the claimant will be furnished with a copy of the Resolution and he/she can file his/her appeal to the Napolcom Regional Appellate Board (RAB) concerned within ten (10) days from receipt of the decision/resolution. EDUCATIONAL/SCHOLARSHIP BENEFIT (Benefits under Republic Act No. 6963) Republic Act No. 6963, otherwise known as "An Act Granting Special Financial Assistance and Benefits to the Family or Beneficiary of any Police or Military Personnel or Firearm Killed or Permanently Incapacitated while in the performance of his Duty or by Reason of his Office or Position and for Other Purposes" was enacted on November 20, 1990. The Napolcom Scholarship Program applies to elementary, high school, vocational and college degrees in a non-exclusive institution. The scholarship privilege shall be limited to the payment of tuition and miscellaneous fees payable to the school and shall be remitted by the National Police Commission (Napolcom) upon presentation of required documents such as, approved enrollment or registration form. The grant shall not apply to pre-school and post graduate courses. BENEFICIARIES All surviving legitimate children of the deceased or permanently incapacitated member of the PnP who was killed or becomes permanently incapacitated/disabled while in the performance of duty or by reason of his office or position on November 30, 1990 up to the present. The deceased police officer must not have committed any crime of human rights violations by final judgment on such occasion. APPLICATION FOR SCHOLARSHIP
PROCEDURES IN THE PROCESSING OF APPLICATION
The LAS within fifteen (15) days from receipt of the records, shall evaluate the same, prepare and submit the corresponding Memorandum/Resolution to the Vice-Chairman and Executive Officer for approval of payment. CONTINUITY/FORFEITURE OF SCHOLARSHIP BENEFIT
a) shifting is done only once during the entire scholarship grant period; b) shifting will not prolong the residence in the course; and c) grantee does not have deficiency of more than six (6) units. Shifting after the second year of the course is not allowed Transfer to another school - A grantee who wants to transfer from one school to another should first seek the approval of the Commission. Dropping of subjects - Dropping of subjects must be within the approval of the school registrar, copy furnished the Napolcom. If a grantee stops or fails to continue during the semester or school year due to sickness or justifiable reasons, he/she must inform the Commission either in writing, in person or thru his authorized representative and submit medical certificate and/or supporting documents relative to his failure to finish the semester or school year. He/She must enroll in the next semester or school year following the period when he stopped. Retaking of all the subject shall be at the expense of the grantee if the Commission had already reimbursed the necessary expenses for the semester or school year which he/she did not finish. |
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