Revised Rules of Procedure

Monina P. Cayabyab
Attorney V
NAPOLCOM-NCR
 TITLE
NAPOLCOM MEMORAMDUM CIRCULAR -
2016-002

Revised Rules of Procedure before the Administrative

Disciplinary Authorities and the Internal Affairs Service
of the Philippine National Police (PNP)
 JURISDICTION and VENUE

 The administrative complaints or cases against any

PNP member shall be filed before the disciplinary
authority or IAS having TERRITORIAL JURISDICTION
WHERE the offense was committed.
 COMMENCEMENT OF COMPLAINT

Where to file Citizen’s Complaint?

The administrative complaints or cases against any PNP

member shall be filed before the disciplinary authority or
IAS having territorial jurisdiction where the offense was
committed. (Sec .1, Rule 12, NMC 2016-002)
INITIAL EVALUATION

 Initial Evaluation of the Complaint – Upon receipt of the

complaint, the Disciplinary Authority or IAS or their
authorized officer shall immediately record it in a logbook
and conduct the initial evaluation to determine if it has
jurisdiction and thereby docket the same for pre-charge
investigation and for formal charge in cases before the
PLEB or refer it to appropriate disciplinary authority; or
treat it as grievance/request for assistance which may be
referred to the concerned office
CITIZEN’S COMPLAINT

 It is a formal charge initiated by a natural or juridical

(legal entity created by law-corporation) person or his
duly authorized representative or guardian on account of
an injury, damage or disturbance sustained as a result of
an irregular or illegal act or omission of a PNP member
[Sec 41 (a)) RA 6975 as amended]
PLEB’S JURISDICTION ON CITIZEN’S
COMPLAINT

 People’s Law Enforcement Board, where the offense is

punishable by withholding of privileges, restriction to
specified limits; suspension or forfeiture of salary; or any
combination thereof for a period exceeding thirty (30)
days; demotion or by dismissal from the service (Rule 3,
Sec. 1, c.)

 Light offenses
 Less grave offenses
 Grave offenses
COMPLAINT: HOW INITIATED

 by filing a written sworn statement accompanied by:

1. affidavits of witnesses, if any;
2. a Certificate of Non-Forum Shopping duly subscribed
and sworn to by the complainant
If the complaint is not accompanied by a Certificate of
Non-Forum Shopping:
the PLEB shall require the complainant to submit
within five (5) days from notice, otherwise, the
complaint shall be dismissed (Sec. 1, Rule 13 MC No.
2016-002)
PRE-CHARGE INVESTIGATION
Under the present Rules of Procedure, is the
PLEB required to conduct the Pre-Charge
Investigation before a Respondent can be
formally charged?

NO
Who will execute the Formal Charge against the
Respondent?
 FORMAL CHARGE
 the Private Complainant shall formally charge,
under oath, the PNP member complained of
which shall contain:
(1) a specification of the charge/s;
(2) a brief statement of material or relevant facts; and
(3) the presence, if any, of aggravating circumstance/s

 A Case against the Respondent shall be

deemed formally filed and pending upon receipt
and entry of the same in the official docket
FORMAL INVESTIGATION
 Preventive Suspension
Rule 16 MC No. 2016-002
 The PLEB, upon motion of the complainant may at
any time after the case is formally filed but before the
submission of complainant’s position paper or conduct
of clarificatory hearing, place the respondent/s on
preventive suspension for a period not exceeding ninety
(90) days under the following:
a. That the charge is serious or grave and the evidence
of guilt is strong; and
b. There is evidence to show that the respondent is
exerting efforts to harass. intimidate, coerce, or unduly
influence the complainant or his/her witnesses into
withdrawing the complaint or retracting the sworn
statement against the respondent or to tamper with the
evidence
May the PLEB request for Preventive
Suspension of the Respondent who is
formally charged before it?

YES.
In the following cases the superior
officer of the PNP shall not deny
the request of PLEB for preventive
suspension:
a. When the respondent refuses to heed the
PLEB’s summons or subpoena;
b. When the PNP personnel have been
charged with offenses involving bodily harm
or grave threats;
c. When the respondent is in a position to
tamper with evidence; and
d. When the respondent is in a position to
unduly influence the witness.
 Issuance of Summons and Filing of
Answer
Secs. 1 & 2, Rule 17 MC No. 2016-002

 The PLEB shall issue summons within three (3)

days upon docketing, as the case may be, to be
served upon the respondent directing him/her to
submit his answer within an inextendible period
seven (7) working days from receipt thereof.

 Summons how served?

 Service of Summons
Sec. 1, Rule 18 MC No. 2016-002

1. Personal Service; or
2. Registered Mail
All notices and summons shall be served to the
respondent in person by the process server or
by registered mail at his/her official station/last
known place of assignment or last known
address as stated in his/her Personal Data
Sheet
3. Constructive Service- If personal service is not
possible or when the respondent refuses to
receive the notices or summons, service may be
made by leaving a copy of the same with the
Administrative Officer at his official station or
with any responsible member of respondent’s
household at his last known address provided
that if the latter also refuses to receive the
summons or notices, service may be made to
the official of the barangay office in the area
 ANSWER

 filed within seven (7) working days from receipt of

the summons
 invoke the presence of mitigating circumstance/s,
if any
 attach documentary evidence, if any, in support
of his/her defense
 How ANSWER is filed?
 The answer shall be filed either personally or by
registered mail, with proof of appropriate service
to the complainant.

If the answer is sent by registered mail, it is deemed

filed on the date of receipt stamped by the post
office on the envelope. Said envelope shall be kept
and made an integral part of the answer and
records of the case.
 The PLEB shall not entertain request for
clarification, bill of particulars, motion to dismiss,
and any other motion which are obviously
designed to delay the administrative
proceedings

If any of these pleadings are filed by the

respondent, the same shall not toll the
reglementary period for filing an Answer.
 Failure/Refusal to File Answer

 the respondent fails or refuses to file an answer

within the period provided, he/she shall be
considered to have waived his/her right to
submit the same and the case shall be decided
based on the documents available period.
Effect of Admission by Respondent

 When the respondent in his answer admits his

culpability to the charge, the PLEB shall
determine the penalty commensurate to the
offense committed taking into account the
presence of mitigating circumstance/s invoked
by the respondent and aggravating
circumstance/s alleged by the prosecution. (Sec.
4, Rule 17 MC No. 2016-002).
 PRE-HEARING CONFERENCE

 Within fifteen (15) days from receipt of the answer, the

PLEB shall conduct the pre-hearing conference for the
purpose of:
a. defining and simplifying the issues of the case;
b. entering into admissions and/or stipulations of facts;
c. marking of exhibits after proper identification by the
parties/signatories; and
d. threshing out other matters relevant to the case.
 Proceedings shall be recorded and duly signed by the
parties and PLEB
 FORMAL CHARGE

Preventive
Suspension

Issuance of Summons

Pre-Hearing
Filing of Answer
Conference
 SUBMISSION OF POSITION PAPER
 the PLEB shall direct the parties to file their
respective position paper in lieu of a full blown
hearing taking into account the summary nature
of the proceedings.
 submit within fifteen (15) days from termination
of pre-hearing conference
 shall contain only those charges, defenses and
other claims contained in the affidavits and
pleadings
 may attach in the position paper relevant
affidavits and/or documentary evidence
 SUBMISSION OF POSITION PAPER

 Upon receipt of the position papers, affidavits and

other pleadings filed, the PLEB may consider the
case submitted for resolution.

 Upon motion of the parties and within five (5) days

from receipt of position paper or after the expiration
to file the same, the PLEB may issue an order for
the conduct of a one-time clarificatory hearing
 CLARIFICATORY HEARING

 PLEB will propound the questions from the ones

submitted by the parties
 require the affiant/s to identify the affidavit/s
attached to the position paper which was/were
not identified during pre-trial.
 Effect of Compulsory Retirement
(Sec. 11, Rule 17 NMC 2007-001)
The compulsory retirement of the respondent
shall not affect the pendency of his/her
administrative case and the award of retirement
benefits due him/her shall be subject to the final
disposition of the administrative case.
In the event that the respondent who has
retired is found guilty and the penalty of suspension
is imposed, the corresponding amount relative to the
period of suspension shall be deducted from that
portion of his retirement benefits that are allowed by
law.
  The administrative case of a retiring or retired
PNP member shall be terminated or resolved
within three (3) months from the effectivity date
of his/her retirement.

 Retiring Employees With Pending Cases, - In the case of

retiring government employees with pending cases and
whose retirement benefits are being lawfully withheld due
to possible pecuniary liability, the head of the agency
where such case is pending shall ensure that the said case
shall be terminated and/or resolved within a period of three
(3) months from the date of the retirement of the concerned
employee: (Sec. 3, RA 10154)
 Effect of Death of the Respondent

 CASE WILL BE DISMISSED – death occurred

before the respondent could explain his/her side
through his/her Answer

 CASE WILL PROCEED – death occurred when

the formal investigation reached the stage where
respondent is considered to have been afforded
due process (submitted Answer)
 DECISION

 The PLEB shall render its decision on each case within

sixty (60) days from the time the same is filed before it

 The decision shall contain the full name of the parties, rank
and assignment of the respondent, the offense charged, a
brief statement of the material and relevant facts, the
findings as established by the evidence on record, the
conclusion, the applicable laws, rules and regulations,
jurisprudence, and the disposition thereof.
 The PLEB in rendering its decision should
observe the following principles:

 The seven (7) cardinal principles of due process

as enunciated in Ang Tibay vs. CIR (69 Phil.
635)
a. the right to a hearing which includes the
right to present one’s case and submit
evidence in support thereof;
b. the tribunal must consider the evidence
presented;
c. the decision must have something to
support itself;
d. the evidence must be substantial;
e. the decision must be rendered on the
evidence presented at the hearing or at
least contained in the record and disclosed
to the parties affected;
f. the tribunal or body or any of its judges
must act on its or his own independent
consideration of the law and facts of the
controversy and not simply accept the view
of a subordinate in arriving at a decision; and
g. the board or body should in all
controversial questions, render its decision
in such a manner that the parties to the
proceeding can know the various issues
involved and the reason for the decision
rendered.
SUBSTANTIAL EVIDENCE-

 Substantial evidence is more than a mere

scintilla (tiny trace) of evidence. It means such
relevant evidence as a reasonable (having sound
judgment; fair and sensible) mind might accept as
adequate to support a conclusion, even if other
minds equally reasonable might conceivably
opine otherwise. (Honorable Ombudsman Simeon
Marcelo v. Leopoldo Bungubung,[G.R. No. 175201, April
23, 2008, 552 SCRA 589, citing Montemayor v.
Bundalian, 453 Phil 158, 167 (2003).
 Finality of Decision. – The disciplinary
action imposed upon a member of the
PNP shall be final and executory if no
motion for reconsideration or appeal is
filed within a period of ten (10) days.
 Provided, that a disciplinary action
imposed by the PLEB involving demotion
in rank 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.
 SUMMARY
Submission of
Position Paper
Clarificatory
Hearing

Decision
Motion for
Reconsideration

Issuance of
Finality of
Certificate of
Finality Decision

Denied
 REMEDIES OF AGGRIEVED
RESPONDENT

 Motion for Reconsideration –

stay the execution of decision
 Appeal – decision immediately
executory
 MOTION FOR RECONSIDERATION
The party adversely affected by the decision may file a
motion for reconsideration with the PLEB which rendered
the same within ten (10) days from receipt of a copy
thereof based on any of the grounds …..
a. Newly discovered evidence which, if presented,
would materially affect the decision rendered; or
b. Errors of law or irregularities have been committed
prejudicial to the substantial rights and interest of the
movant; or
c. The decision is not supported by the evidence
on record;
 Only one (1) motion for reconsideration shall be
allowed and the same shall be considered and
decided by the disciplinary authority within
fifteen (15) days from receipt thereof.
 PLEB shall issue a certificate of finality of the
decision or resolution finally disposing of the
case when no motion for reconsideration or
appeal is filed within the prescribed period.
A decision that acquired final becomes
immutable and unalterable and may no
longer be modified in any respect even if
the modification is meant to correct
erroneous conclusions of fact or law and
whether it will be made by the court that
rendered it or by the highest court of the
land (Sacdalan vs. CA, 428 SCRA 659)
 Implementation of Decision
(Sec. 4 Rule 19, MC No. 2016-002)
 Decisions shall be referred to the PNP Regional
Director or his equivalent supervisor or the
Director, Directorate for Personnel and Records
Management (Attn: Discipline, Law and Order
Division) for implementation within five (5) days
from receipt of the request or order of the PLEB
to implement the same, copy furnished Director,
PNP Finance Service, Director, and the
respondent’s unit assignment.
Any PNP officer charged with the implementation of
a Decision which has become final and executory
who fails to implement the same shall be liable for
serious neglect of duty.
APPEAL
 Appeals from the decisions of the
Disciplinary Authority or Appellate Body
shall be taken by the party adversely
affected by filing a notice of appeal and
furnishing a copy thereof to the other party
and the appellate body, with PLEB within
ten (10) days from receipt of a copy of the
Decision.
 Transmittal of Records
(Sec. 5, Rule 20, MC No. 2016-002)

Within fifteen (15) days from receipt of the

Notice of Appeal, the PLEB shall forward the
complete original records of the case to the
RAB, which shall be systematically and
chronologically arranged and securely bound to
prevent loss of any piece of document. The
transmittal of the records shall be ministerial
duty.
OTHER ADMINISTRATIVE
MATTERS
 Nature of the Proceedings
Sec. 4 Rule 1 MC 2016-002

The investigation and hearing before

the PLEB shall be summary in nature and
shall not strictly adhere to the technical
rules of procedure and evidence
applicable in judicial proceedings. The
provisions of the Civil Service Commission
rules and Regulations as well as the
Revised Rules of Court shall be
suppletorily applicable.
 Maintenance of a Docket Book
Sec. 5 Rule 19 MC 2016-002
The docket book shall contain among others, the following
data of the case:
1. date and time of receipt from the evaluator *
2. the case number;
3. the name of the parties;
4. the offense charged;
5. the date decision was rendered
6. the implementing orders;
7. proof of service of decision;
8. date appeal was filed;
9. date the decision became final
10. certificate of finality was issued
11. other relevant data
 Disqualification by Reason of
Affinity or Consaguinity
Sec. 8 Rule 11 MC 2016-002

The Chairperson or any member of the PLEB

who is related to the complainant or respondent
by affinity or consaguinity within the fourth civil
degree shall be disqualified from participating in
the proceeding and the case shall be tried by the
remaining members Provided, that there is a
quorum.
In the event that there is no quorum, the POC,
Sangguniang Panlungsod/Bayan or the Liga ng
mga Barangay appoint a temporary member.
 Appearance and Submission
of Pleadings by Lawyers
Sec. 1 Rule 23 MC 2016-002

The PLEB shall require all the practising lawyers

to indicate to the pleadings filed before it, the
member and date of issue of their MCLE
Compliance Certificate or Exemption as may be
applicable pursuant to Bar Matter No. 1922.
All government lawyers appearing before it shall
be required to present their authority to practice
for the particular case for which they are
entering their appearance