AFTER so many years of luck luster performance, especially on the aspect of speedy resolution of administrative cases against the members of the Philippine National Police, the National Police Commission on Friday said it will implement a new guideline that would pave the way for the speedy disposition of cases filed.
In a statement, NAPOLCOM Vice Chair Rogelio Casurao said the new guidelines contained in Memorandum Circular (MC) No. 2016-002 dated March 7, 2016 will revise uniform rules of procedure before the administrative disciplinary authorities and the PNP Internal Affairs Service (IAS). He added that the MC became effective on June 15, 2016; 15 days after its publication in two (2) newspapers of general circulation.
The new MC amended certain provisions of Memorandum Circular No. 2007-001 particularly the conduct of several summary hearings, which has been the main cause of the high number of backlog cases before the different disciplinary authorities and the IAS.
“Instead of a full blown hearing, both parties are required to submit their respective verified position papers taking into account the summary nature of administrative proceedings. If necessary, a one-time clarificatory hearing may be conducted where the parties shall be afforded the opportunity to be present and submit written clarificatory questions,” Casurao explains.
The revised rules of procedure intends to expedite the resolution of cases by explicitly prescribing the reglementary period within which to resolve administrative complaints and cases filed against PNP members from the time of the filing of complaints to the final disposition of cases. It specifically provides for a reglementary period of 150 days for the different disciplinary authorities and the IAS to resolve administrative cases filed before their respective jurisdiction.
Only complaints that have been found to have probable cause during the pre-charge investigation are submitted for summary proceedings where the PNP members complained of are formally charged; otherwise, complaints are dismissed. If the complaint is dismissed, the complainant may file one motion for re-investigation within three (3) days from receipt of the resolution, which shall be resolved by the concerned disciplinary authority within 15 days from receipt of the motion.
To expedite the disposition of cases, the different administrative disciplinary authorities and the IAS shall not entertain request for clarification, bill of particulars, motion to dismiss or any other motion which are obviously designed to delay the administrative proceedings.
Complaints against PNP members may be filed before the PNP-IAS or in any of the following disciplinary authorities: City or Municipal Mayors, People’s Law Enforcement Board (PLEB), Chiefs of Police or equivalent supervisors, PNP Provincial Directors or equivalent supervisors, PNP Regional Directors or equivalent supervisors, Chief of the PNP, or NAPOLCOM.
“With the issuance of the revised rules of procedure, the Commission assures the public as well as the police of a just and expeditious disposition of administrative complaints and cases to ensure public accountability and utmost discipline in the police service,” Vice-Chairman Casurao said.