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Davenport and Woodsmoor

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Samuel Walker
Samuel Walker

What You Need to Know about NAPOLCOM Memorandum Circular 2016-002: Download and Read the Revised Rules of Procedure for PNP Administrative Discipline


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.


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.


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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 Concer


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