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Monina P. Cayabyab
Attorney V
NAPOLCOM-NCR
TITLE
NAPOLCOM MEMORAMDUM CIRCULAR -
2016-002
Light offenses
Less grave offenses
Grave offenses
COMPLAINT: HOW INITIATED
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
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
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
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
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:
Decision
Motion for
Reconsideration
Issuance of
Finality of
Certificate of
Finality Decision
Denied
REMEDIES OF AGGRIEVED
RESPONDENT