NMC No.

2016-002
Revised Rules of Procedure before the
Administrative Disciplinary Authorities and
The Internal Affairs Service of the
Philippine National Police

SIGNED: March 9, 2016

 SUMMARY OF BASIC DIFFERENCES
PROVISIONS NMC 2007-001 NMC 2016-002
Pre-Charge Proceedings • Pre-Charge Evaluation based • Initial Evaluation of Complaint
on complaint • Pre-Charge Investigation
• Motion for Re-investigation
Summary Proceedings • Pre-Hearing Conference • Pre-Hearing Conference
• Trial or Position Paper • Position Paper
• Clarificatory Hearing
Offenses • Grave Misconduct –Violation • Re-classification of offenses
of RPC or special laws and according to gravity of penalty
Dishonesty • Re-classification of Dishonesty
according to CSC rules
Penalties • Reprimand is not a penalty • Reprimand is a penalty
Disciplinary Authority • SD Cases – Directors NSUs • SD Cases – Directors, NSUs
are Disciplinary Authority are not Disciplinary Authority
Effect of Death • Dismissal of the admin • No automatic dismissal of the
cases regardless of stage admin cases
BACK
NMC No. 2016-002 - FLOW CHART ON REVISED RULES OF PROCEDURE

DIDM or its equivalent offices

PRE-CHARGE REPORT
INITIAL EVALUATION Approved by
COMPLAINT INVESTIGATION
OF COMPLAINT DA or IAS
18 days 5 days

SUBMISSION With
PRE-HEARING Dropped
OF POSITION Refer to SHO Probable
CONFERENCE and closed
PAPER Cause
15 days
15 days
ONE Motion for Re-
CLARIFICATORY
HEARING investigation
5 days 3 days
DPRM or its equivalent offices

Granted Resolution
RESOLUTION 15 days
30 days

Decision MR OR IMPLEMENTATION Denied

30 days APPEAL OF DECISION
10 days 5 days
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction

COP • Simple Offenses Withholding of privileges, restriction to

Citizen specified limits, suspension or forfeiture
Complaint of salary or any combination thereof for
a period not exceeding 15 days
-initiated by Mayor -
any person • Simple Offenses Withholding of privileges, restriction to
specified limits, suspension or forfeiture
-On of salary or any combination thereof for
account of a period not less than 16 days but not
injury or exceeding 30 days
damage
PLEB - • Less grave Withholding of privileges, restriction to
--as a result offenses specified limits, suspension or forfeiture
of irregular • Grave Offenses of salary or any combination thereof for
or illegal a period not exceeding 30 days;
act or demotion or dismissal from police
omission of service
PNP
personnel
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction
Breach of COP C, PPSC • Simple Offenses Admonition; reprimand; withholding of
Internal C, DPSB privileges, restriction to specified limits,
Discipline C, PS (MPD) suspension or forfeiture of salary or any
C, PS (QCPD) combination of the foregoing provided that in
-offense all cases, the total period shall not exceed
affecting order 15 days
and discipline Provincial Director, CPO • Simple Offenses Admonition; reprimand; withholding of
within PNP Director C, RPSB privileges, restrictive custody, suspension or
organization C, Regional forfeiture of salary or any combination of the
NSUs foregoing provided that in all cases, the total
-simple period shall not exceed 30 days
misconduct
Regional - District • Simple Admonition or reprimand withholding of
-negligence Director Director of • Less grave privileges, restrictive custody, suspension or
NCRPO offenses forfeiture of salary ; demotion or dismissal
-insubordi- - Director, • Grave Offenses from police service or any combination of
nation NSUs the foregoing provided that in all cases, the
total period shall not exceed 60 days
-frequent CPNP - • Simple Dismissal from police service, demotion,
absences and • Less grave suspension or forfeiture of salary or any
tardiness offenses combination thereof for a period not
• Grave Offenses exceeding 180 days.
-gambling
CASES Disciplinary Equivalent Administrative Imposable Penalty
Authorities Supervisor Jurisdiction
SUMMARY DISMISSAL NAPOLCOM - Grave Offenses
CASES
CPNP - Grave Offenses
-charge is serious and
evidence is strong
MAXIMUM PENALTY:
-Recidivist or repeatedly
charge and there is DISMISSAL FROM POLICE
Regional - Grave Offenses
reasonable ground that SERVICE
Director
he/she is guilty of the charge

-guilty of serious offense

involving conduct of
unbecoming of police officer

-AWOL for a continuous

period of 30 calendar days
(Serious Neglect of Duty)
Internal Affairs Service:
conduct motu proprio investigation on the following cases:

1. incidents where a police personnel discharges a firearm;

2. incidents where death, serious physical injury or any violation of human
rights occurred in the conduct of police operation
3. incidents where evidence are compromised, tampered with, obliterated, or
lost while in the custody of police personnel
4. incidents where a suspect in the custody of the police was seriously injured
5. incidents where the established rules of engagement have been violated

Inclusion of Superior or Supervisors in IAS investigation – the immediate

supervisor or superior of the personnel of a unit being investigated under any of
the above cases shall be automatically included in the investigation of the IAS to
exclusively determine lapses in administration or supervision.

IAS resolution is recommendatory in nature and shall be submitted to Disciplinary

Authority for final disposition of the case
Effect of Death

1. In situation where death occurred while the case pending investigation:

• Case should not be dismissed if the respondent was afforded due process
by receipt of notice where he/she filed his/her answer or waived his/her
right to file answer.

• Case should be dismissed, If respondent dies before he/she could file his
answer.

2. In situation where the death occurred after the respondent has perfected
his/her appeal before Appellate Body

• The appeal shall continue until its final determination.

• In case the deceased respondent-appellant wins the appeal, material

benefits shall accrue to legal heirs subject to Law on Succession.
Classification of Offenses:
Simple Misconduct
• Commit any act or omission that constitutes a crime punishable under RPC
or special laws where the duration of imposable penalty is imprisonment of
one day to one month (1-30 days)
• Simple dishonesty

Less Grave Misconduct

• Commit any act or omission that constitutes a crime punishable under RPC
or special laws where the duration of imposable penalty is imprisonment of
one month and one day to six months (31-180 days)
• Less Grave dishonesty

Grave Misconduct
• Commit any act or omission that constitutes a crime punishable under RPC
or special laws where the duration of imposable penalty is imprisonment not
lower than six months and one day (181 days and above)
• Grave dishonesty
Imposable Penalties

• Reprimand is now a penalty

• For light offenses, first offender shall be given a penalty of

reprimand

Appreciation of Mitigating and Aggravating Circumstances

• The mitigating should be invoked by the respondent

• The aggravating should be alleged or pleaded by the party

concerned
Repealing Clause:
Memorandum Circular Number 93-014, 96-010, 98-014, 99-006, 99-014,
2002-010, 2002-013 and 2007-001 are repealed. All other NAPOLCOM issuances
or portions thereof inconsistent with this Memorandum Circular are hereby
superseded or modified accordingly.

Application to Pending Cases:

These Rules shall apply to pending administrative investigation/cases with the
different Disciplinary Authorities, Appellate Bodies and IAS in so far as practical
and applicable. Provided however, that the offenses and penalties reclassified
under these Rules shall have retroactive effect insofar as they are favorable to the
respondent

Penal Clause:
Any public official or employee who violates any of the provisions in this Circular
shall be dealt with accordingly.
END OF PRESENTATION