Policing the police: The PNP's

Administrative Disciplinary
Procedures
Metro Manila (CNN Philippines) — Since its activation last week, the Counter
Intelligence Task Force (CITF) of the Philippine National Police (PNP) has
received more than 1,200 text complaints against erring policemen.

The CITF is PNP Chief Ronald dela Rosa's response to their anti-crime efforts
following recent high-profile cases involving allegedly corrupt and abusive
members of the PNP.

"Yung mga minor (cases), pinapasa ng CITF dun sa concerned units sa area

nila na pwedeng aksyunan," he said. "Pero yung mga malalaki, dine-develop
nila ngayon, vina-validate, then appropriate counter-actions can be done on
those policemen."

[Translation: Minor cases are passed by the CITF to concerned units within
their area so these can be acted upon. But for the more serious cases, these
are validated, then appropriate counter-actions can be done on those
policemen.]

But the PNP has already an established rules of procedure for administrative
disciplinary actions against erring policemen based on Memorandum Circular
2016-002, which is pursuant to Republic Act 8551 or the "Philippine National
Police Reform and Reorganization Act of 1998."

Within the PNP, the Internal Affairs Service or IAS — dubbed "the police of the
police" — receives evidence and investigates cases mostly concerning breaches
of internal discipline.

The IAS then recommends penalties to disciplinary authorities — from the PNP
Chief to the regional and police director and the station/chief of police —
depending on the gravity of crimes committed.

The IAS can also investigate motu propio or on its own in certain cases, such
as when death, serious injury or any violation of human rights occurs during a
police operation or where evidence was compromised or tampered with.
Outside the PNP, the National Police Commission (NAPOLCOM), the People's
Law Enforcement Board and the city or municipal mayor also receive
complaints.

Criminal and administrative complaints can also be filed at the Ombudsman or

regular trial courts.

Once a decision has been rendered, a convicted police officer can exhaust
several layers of appeal at the NAPOLCOM, Secretary of Interior and Local
Government, Civil Service Commission and regular appeals courts.

No central database of cases

While there are several venues for the filing of cases against PNP personnel,
there is presently no central database for police officers under investigation or
facing any form of disciplinary procedure, according to Atty. Ferdaussi Masnar
of the NAPOLCOM Legal Affairs Service.

CNN Philippines collated figures from different disciplinary authorities. The

data gathered also covered different periods.

IAS: As of August 2016, the IAS has 839 pending cases.

NAPOLCOM: From 2010 to 2016, 1,255 cases remain pending against nearly
4,000 police officers. In some cases, more than one police officer was charged.

Ombudsman: From the first semester of 2016, 515 cases were filed against
PNP officers.

Most of the cases filed at the NAPOLCOM involve officers ranked PO1, PO2 and
PO3. Majority of offenses are for grave misconduct, serious neglect of duty and
dishonesty.

Grave misconduct includes maltreatment or abuse of any detained person, acts

punishable under the anti-graft laws or the Revised Penal Code and cohabiting
or maintaining a wife other than one's legitimate spouse.

Ombudsman: PNP No. 2 agency with the most cases

According to the Ombudsman, the PNP ranks as the second government

agency with the most number of cases, after local government units.

Data from the Ombudsman also showed that the PNP had the same ranking in
2015 when 1,265 cases were filed against PNP personnel, and in 2014, with
1,258 cases.
The anti-crime group Volunteers Against Crime and Corruption (VACC) said
the complicated process of disciplining and investigating PNP personnel may in
itself be prone to corruption and suggests that it be streamlined.

"Kasi kung iba-iba 'yan, minsan naluluto yan," said VACC Chairman Dante
Jimenez. "Nandun ang compromise, o padrino o bata-bata system. If there will
only be one investigating agency to handle all complaints ng taumbayan, I'm
pretty sure mabilis ang cleansing ng ating kapulisan."

[Translation: If the case is in different venues, sometimes the books can be

cooked. There is compromise or favoritism. If there will only be one
investigating agency to handle all people's complaints, I'm pretty sure the
cleansing of our police will be fast.]

But Masnar stressed while there are several disciplinary authorities for PNP
personnel, forum shopping or filing the same cases in different venues is not
allowed.

"Kung magsasampa ka ng reklamo sa parehong parties, parehong cause of

action, parehong facts and circumstances, dapat isa lang ang sasampahan
mo," he said.

[Translation: If you file a complaint against the same parties, with the same
cause of action, same facts and circumstances, you should only file with one
venue.]

"Once nag-take cognizance na yung isang disciplinary authority, following the

principle of exclusivity, dapat it will preclude the other disciplinary authority to
take cognizance of the case," Masnar added.

[Translation: Once one disciplinary authority has taken cognizance of the case,
following the principle of exclusivity, it should be that it will preclude the other
disciplinary authority to take cognizance of the case.]