What is NAPOLCOM Memorandum Circular 2016-002 and why is it important?
NAPOLCOM Memorandum Circular 2016-002 is a document issued by the National Police Commission (NAPOLCOM) on June 30, 2016, entitled: Revised Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police. It aims to provide a uniform and efficient system of handling administrative cases involving uniformed personnel of the Philippine National Police (PNP), as well as to protect their rights and ensure due process.
This memorandum circular is important because it serves as a guide for both the complainants and the respondents in administrative disciplinary proceedings, as well as for the authorities who are tasked to investigate, adjudicate, and resolve such cases. It also establishes the standards of conduct, evidence, and procedure that must be followed in order to ensure fairness, impartiality, and accountability in the PNP.
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What are the main features of the memorandum circular?
The memorandum circular consists of 12 chapters, each containing several sections that cover different aspects of the administrative disciplinary process. Here are some of the main features of each chapter:
Revised rules of procedure before the administrative disciplinary authorities and the internal affairs service of the Philippine National Police
This chapter introduces the memorandum circular and states its purpose, authority, effectivity, repealing clause, and separability clause. It also provides a table of contents for easy reference.
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Scope and application of the rules
This chapter defines the scope and application of the rules, which include all administrative cases filed against PNP uniformed personnel for acts or omissions punishable under Republic Act No. 6975 (PNP Law), Republic Act No. 8551 (PNP Reform and Reorganization Act), Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), Presidential Decree No. 1829 (Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders), Civil Service laws, rules and regulations, PNP Code of Professional Conduct and Ethical Standards, PNP Disciplinary Rules on Summary Proceedings, PNP Operational Procedures, PNP Manual on Anti-Illegal Drugs Operations, PNP Manual on Anti-Carnapping Operations, PNP Manual on Human Rights-Based Policing, PNP Manual on Police Intervention Operations, PNP Manual on Police Security Operations, PNP Manual on Anti-Terrorism Operations, other existing laws, rules or regulations or part thereof inconsistent with these Rules.
Definitions of terms
This chapter provides definitions of terms that are used throughout the memorandum circular, such as administrative case, administrative disciplinary authority, complaint, complainant, respondent, summary dismissal proceeding, formal charge, answer, hearing officer, decision maker, motion for reconsideration, appeal, finality of decision, penalty, preventive suspension, and others.
Principles governing administrative disciplinary proceedings
This chapter lays down the principles that govern administrative disciplinary proceedings, such as presumption of innocence, substantial evidence rule, due process rule, exhaustion of administrative remedies rule, non-forum shopping rule, speedy disposition rule, non-interference rule, non-disclosure rule, and others.
<h Rights of respondents and complainants
This chapter enumerates the rights of respondents and complainants in administrative disciplinary proceedings, such as the right to be informed of the charges, the right to counsel, the right to due process, the right to confront and cross-examine witnesses, the right to present evidence and witnesses, the right to appeal, and others.
Administrative disciplinary authorities and their jurisdiction
This chapter identifies the administrative disciplinary authorities and their jurisdiction over administrative cases involving PNP uniformed personnel, such as the NAPOLCOM, the Secretary of the Interior and Local Government, the Chief of the PNP, the Directorial Staff, the Regional Directors, the Provincial/City Directors, the Chief of Police/Station Commanders, and others. It also specifies the types and degrees of penalties that each authority can impose.
Internal Affairs Service and its functions
This chapter describes the Internal Affairs Service (IAS) and its functions in relation to administrative disciplinary proceedings. The IAS is an independent and separate unit within the PNP that is responsible for conducting inspections, audits, investigations, and adjudications of administrative cases involving PNP uniformed personnel. It also monitors the compliance of PNP personnel with laws, rules, regulations, and policies.
Complaints and charges
This chapter explains how complaints and charges are filed, received, docketed, and acted upon by the administrative disciplinary authorities or the IAS. It also discusses the grounds for dismissal of complaints or charges, such as lack of jurisdiction, prescription, res judicata, withdrawal of complaint, lack of interest or failure to prosecute by complainant, lack of probable cause or insufficiency of evidence, amicable settlement or compromise agreement, death or retirement of respondent, and others.
Preliminary investigation and pre-charge evaluation
This chapter outlines the procedures for conducting preliminary investigation and pre-charge evaluation by the IAS or other authorized investigators. It also defines the terms probable cause, prima facie evidence, exculpatory evidence, mitigating circumstances, aggravating circumstances, and alternative circumstances.
Summary dismissal proceedings
This chapter discusses the summary dismissal proceedings that may be initiated by the Chief of the PNP or his/her duly authorized representative against any PNP uniformed personnel who is charged with any of the following grave offenses: serious dishonesty; grave misconduct; being notoriously undesirable; involvement in illegal drugs; disloyalty to the Republic of the Philippines; engaging in partisan political activity; receiving or soliciting any gift in connection with official duties; committing acts punishable under Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act); committing acts punishable under Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees); committing acts punishable under Presidential Decree No. 1829 (Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders); committing acts punishable under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act); committing acts punishable under Republic Act No. 9372 (Human Security Act); committing acts punishable under Republic Act No. 10175 (Cybercrime Prevention Act); committing acts punishable under Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act); committing acts punishable under Republic Act No. 10591 (Comprehensive Firearms and Ammunition Regulation Act); committing acts punishable under Republic Act No. 10640 (Amending Certain Provisions of Republic Act No. 9165 on Illegal Drugs); committing acts punishable under Republic Act No. 10883 (New Anti-Carnapping Act); committing acts punishable under Republic Act No. 10951 (Amending Certain Provisions of Revised Penal Code on Penalties); committing acts punishable under Republic Act No. 11032 (Ease of Doing Business and Efficient Government Service Delivery Act); committing acts punishable under Republic Act No. 11053 (Anti-Hazing Act); committing acts punishable under Republic Act No. 11054 (Organic Law for Bangsamoro Autonomous Region in Muslim Mindanao); committing acts punishable under Republic Act No. 11188 (Special Protection of Children in Situations of Armed Conflict Act); committing acts punishable under Republic Act No. 11202 (Mobile Number Portability Act); committing acts punishable under Republic Act No. 11235 (Motorcycle Crime Prevention Act); committing acts punishable under Republic of the Philippines No. 11279 (Amending Certain Provisions of Republic Act No. 9372 on Terrorism); committing acts punishable under Republic Act No. 11313 (Safe Spaces Act); committing acts punishable under Republic Act No. 11332 (Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act); committing acts punishable under Republic Act No. 11449 (Amending Certain Provisions of Republic Act No. 9165 on Illegal Drugs); committing acts punishable under Republic Act No. 11458 (Amending Certain Provisions of Republic Act No. 6713 on Disclosure of Information); committing acts punishable under Republic Act No. 11469 (Bayanihan to Heal as One Act); committing acts punishable under Republic Act No. 11479 (Anti-Terrorism Act); committing acts punishable under Republic Act No. 11518 (Amending Certain Provisions of Republic Act No. 9184 on Government Procurement); committing acts punishable under Republic Act No. 11521 (Amending Certain Provisions of Republic Act No. 9165 on Illegal Drugs); and other analogous cases.
This chapter also explains the procedures for conducting summary dismissal proceedings, such as the issuance of a show cause order, the submission of an answer or waiver, the evaluation of the case, the issuance of a resolution, the implementation of the penalty, and the filing of a motion for reconsideration or appeal.
Formal charge and answer
This chapter discusses the formal charge and answer that are issued and filed in administrative disciplinary proceedings that are not subject to summary dismissal. It also describes the contents, form, service, and filing of the formal charge and answer, as well as the grounds for dismissal of the formal charge or answer.
Hearing and adjudication
This chapter covers the hearing and adjudication process that are conducted in administrative disciplinary proceedings that are not subject to summary dismissal. It also details the rules on pre-hearing conference, notice of hearing, conduct of hearing, presentation of evidence, marking and identification of exhibits, submission of position paper or memorandum, evaluation and recommendation, and promulgation of decision.
Decision and finality
This chapter explains the decision and finality that are rendered in administrative disciplinary proceedings that are not subject to summary dismissal. It also specifies the contents, form, service, and filing of the decision, as well as the grounds for setting aside or modifying the decision.
Motion for reconsideration and appeal
This chapter describes the motion for reconsideration and appeal that may be filed by the parties in administrative disciplinary proceedings that are not subject to summary dismissal. It also states the contents, form, service, filing, effect, resolution, and review of the motion for reconsideration and appeal.
How to download the memorandum circular?
If you want to download the memorandum circular, you can do so by following these steps:
Online sources and links
The memorandum circular is available online from various sources and links, such as:
The official website of NAPOLCOM: [
The official website of PNP: [
The official website of IAS: [
The official website of Civil Service Commission: [
The official website of Department of Interior and Local Government: [
The official website of Philippine Government Electronic Procurement System: [
The official website of Official Gazette: [
The official website of LawPhil Project: [
The official website of Chan Robles Virtual Law Library: [
The official website of Supreme Court E-Library: [
Steps to download the PDF file
To download the PDF file of the memorandum circular from any of these sources and links, you can follow these steps:
Click on the source or link that you prefer.
Look for the memorandum circular with the title: Revised Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police.
Click on the link or button that allows you to download or view the PDF file.
Save the PDF file to your device or open it in your browser.
Read and understand the contents of the memorandum circular.
Conclusion
NAPOLCOM Memorandum Circular 2016-002 is a vital document that regulates the administrative disciplinary process for PNP uniformed personnel. It aims to ensure that the PNP personnel are held accountable for their actions and that their rights are protected. It also provides a clear and consistent set of rules and procedures for filing, investigating, adjudicating, and resolving administrative cases. It is important for both the complainants and the respondents to be familiar with the memorandum circular and to follow its provisions. It is also advisable for anyone who wants to download the memorandum circular to do so from reliable and official sources and links.
FAQs
Here are some of the frequently asked questions about NAPOLCOM Memorandum Circular 2016-002:
Q: What is the difference between summary dismissal proceedings and regular administrative disciplinary proceedings?
A: Summary dismissal proceedings are initiated by the Chief of the PNP or his/her authorized representative against PNP uniformed personnel who are charged with grave offenses that warrant immediate dismissal from the service. Regular administrative disciplinary proceedings are initiated by other administrative disciplinary authorities or by the IAS against PNP uniformed personnel who are charged with less serious or minor offenses that warrant other penalties.
Q: What is the role of the IAS in administrative disciplinary proceedings?
A: The IAS is an independent and separate unit within the PNP that is responsible for conducting inspections, audits, investigations, and adjudications of administrative cases involving PNP uniformed personnel. It also monitors the compliance of PNP personnel with laws, rules, regulations, and policies.
Q: What are the possible penalties that may be imposed on PNP uniformed personnel who are found guilty of administrative offenses?
A: The possible penalties that may be imposed on PNP uniformed personnel who are found guilty of administrative offenses are: dismissal from the service; demotion in rank; suspension from office without pay; forfeiture of salary; fine; reprimand; restriction to specified limits; withholding of privileges; or any combination thereof.
Q: How long does it take to resolve an administrative case involving PNP uniformed personnel?
A: The memorandum circular provides that all administrative cases involving PNP uniformed personnel shall be resolved within 60 days from receipt of the answer or waiver of respondent, unless extended for meritorious reasons by the administrative disciplinary authority or by the IAS.
Q: Where can I find more information about NAPOLCOM Memorandum Circular 2016-002?
A: You can find more information about NAPOLCOM Memorandum Circular 2016-002 from the official websites of NAPOLCOM, PNP, IAS, Civil Service Commission, Department of Interior and Local Government, Philippine Government Electronic Procurement System, Official Gazette, LawPhil Project, Chan Robles Virtual Law Library, Supreme Court E-Library, or other online sources and links that provide reliable and updated information.
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