AFP Vision 2028: A World-class Armed Forces, Source of National Pride

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GENERAlHEADQUARTERS
o\\rG ARMED FORCES OF THE PHILIPPINES
Camp General Emilio Aguinaldo, Quezon City
UOD/mzg/6141

OTAG/OTPMG 05 June 2020

STANDARD OPERATING PROCEDURE

NUMBER 10

DELINEATION OF INVESTIGATIVE FUNCTIONS OF OTIG, OESPA, AND OTPMG

1. REFERENCES:

a. AFPM 1-5, Inspector General1 s Manual 2014;

b. Staff Memorandum Number 09 dated 03 December 1991 , Subject"

Amendment of Mission, Function, and Organization of the Office of Ethical Standards
and Public Accountability;

c. Staff Memorandum Number 03 dated 01 December 20 10, Subject·

General and Specific Functions and Organization of the Office of the Provost Marshal
General;

d. Standard Operating Procedure (SOP) Number 14, GHQ, AFP

dated 25 October 2016, Subject: Disposition of Anonymous Complaints/Reports;

e. SOP Number 09 dated 16 October 2003, Subject: Enhance AFP

Grievance System;

f. letter Directive, GHQ, AFP dated 30 September 1999, SubjeC'i

Delineation of Function of the IGS, OESPA, PM & JAGS in the AFP; and

g. letter Directive Number 03, GHQ, AFP dated 16 January 20H '.
Subject: Conduct of Preliminary Evaluation Prior to the Referral/Formal Investigation.

2. PURPOSE:

This SOP prescribes the investigative jurisdiction of the Office of The

Inspector General (OTIG), Office of Ethical Standards and Public Accountability
(OESPA), and Office of The Provost Marshal General (OTPMG) to avoid overlappinr
of authority in handling and disposition of complaints filed and procedures when ther6
are derogatory reports unearthed during the course of inquiry in the Armed Forces o.·
the Philippines (AFP).

3. SCOPE:

This SOP shall be observed and adhered to by the OTIG, OESPA,

OTPMG, and its equivalents in the General Headquarters (GHQ), Unified Commands
(UCs), and AFP-Wide Support and Separate Unit (AFPWSSUs) (GUAs) and Majoi
Services.

14. DEFINITION . ..
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RESIRlCTED
SOP Nr 1 o. GHQ. AFP dated 05 June 2020 cont'n:
4. DEFINITION OF TERMS:

For purposes of this SOP, the following terms are hereby defined as
indicated:

a. Fact-finding Investigation - an impartial, fair, and thorough inquiry

to gather evidence/information for the conduct of formal investigation.

b. Formal Investigation - conduct of investigation by the appropriate

investigating unit/office after preliminary evaluation and upon determination that the
complaint is complete in form and substance.

c. Grievance - contentious issues such as decisions, acts or

omissions that occur in the course of administration of the affairs of the AFP insofar as
they affect the personal rights or situation of the individual personnel.

d. Preliminary evaluation - inquiry upon the complaint for the

purpose of determining the veracity of the complaint/report whether or not there is
reasonable ground to believe that the complaint is meritorious.

5. POLICIES:

a. To effectively perform the respective investigative functions of the

concerned offices, provided hereunder are the specific jurisdictions:

1) OTIG

a) Matters pertaining to m1ss1on accomplishmen•

effectiveness, utilization of resources, state of discipline, Operational Readines~.
Security, Test and Evaluation System (ORSTES), and readiness of a unit;

b) Matters arising from inspections except those

specifically provided as within the jurisdiction of OESPA and OTPMG; and

c) Those specifically directed by the Chief of Staff, AFP

(CSAFP)/Unit Commanders.

2) OESPA

a) Complaints/Reports on violations of the Code :A

Conduct and Ethical Standards for Public Officials and Employees (Republic Act [R/ ,J
Nr 6713);

b) The Anti-Graft and Corrupt Practices Act (RA ,,.

3019);

c) Law on Forfeiture of Unlawfully Acquired Proper ·

(RA Nr 1379);

/d) Code ...

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AFP Core Values: Honor, Service, Patriotism
 AFP Vision 2028: A World-class Armed Forces, Source of National Pride

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SOP Nr 1O. GHQ. AFP dated OS June 2020 cont'n:

d) Code of Conduct and Ethical Standards for Military

Personnel in the AFP;

e) Crimes committed by public officers as defined in the

Revised Penal Code; and

f) Frauds against the Government (Article of War [AW]

95).

3) OTPMG

a) Complaints/Reports involving offenses against

person and property, vehicular accidents, traffic violations, disturbances of peace and
public order;

b) Individual violation of laws and regulation, referred ( r

reported human rights violations; and

c) Complaints against personnel for

misbehavior/misconduct except those specifically provided as within the jurisdiction of
OESPA and OTIG.

b. Complaints/Reports made verbally, in writing, or ventilated through

newspaper, magazine articles or social media are the usual bases of administrative
investigations. In any case, complainant may file a complaint in the appropriate
investigating unit/office and will be required to execute statement under oath to the
effect that their charges or allegations in the complaint/report be substantiated and
accompanied with supporting evidence before any further investigation is conducted.
However, in case of complaint/report ventilated through newspaper, magazine article·;
or social media, the investigating unit/office may seek directive from the authorities fc ·
the conduct of investigation.

c. Other units/staffs/offices whose assistance is requested by ~' ·

investigating unit/office shall extend maximum support and cooperation in the form c.'
technical assistance or making available witnesses, records and documents for speed i
administration of justice.

d. Administrative investigation of a complaint/report shall procetJd

independently and simultaneously from the civil or criminal proceeding/investigation
pending in the regular court even though it arose from one and the same
complaint/report.

6. PROCEDURES:

a. Complaints/Reports, in any form, shall be received, documented,

and evaluated. Anonymous complaints shall be handled and disposed of in
accordance with the existing AFP policy on anonymous complaint.

/b. During ...

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AFP Core Values: Honor, Service, Patriotism
 AFP Vision 2028: A World-class Armed Forces, Source of National Pride

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SOP Nr 10, GHQ. AFP dated 05 June 2020 cont'n:

b. During evaluation of the complaint/report, the following shall be

conducted:

1) Verify the identity and unit assignment of the respondent, if

member of the AFP. Otherwise, the complainant shall be advised accordingly; and

2) Determine whether the complaint is supported with

evidence to pursue with formal investigation in compliance with the policy for the
conduct of preliminary evaluation.

c. If the complaint/report is meritorious, determine the nature of the

complaint/report and which investigating unit/office has jurisdiction over the same for
the conduct of formal investigation. The complaint/report shall be investigated and
resolved by the concerned investigating unit/office in accordance with its own
investigative procedure.

d. If the complaint/report is found to be malicious or unmeritorious,

the same shall be dropped and closed.

e. Once the complaint/report is determined to be a grievance, the

same shall be forwarded to the Office of the Deputy Chief of Staff (ODCS) for
Personnel, J1 (OJ1) (Attn: AFP Grievance Board) for proper disposition.

f. In no case will a unit/office investigate any complaint/report not

within its jurisdiction. When a complaint/report is endorsed/forwarded to t'ie.
investigating unit/office that has no jurisdiction over the offense, the same shall >. e
referred to the appropriate investigating unit/office and inform the office fLa-..
endorsed/forwarded the said complaint/report of the action taken. However, if t1"1e
complaint filed has two or more issues cognizable by different investiga 1=r J
units/offices, the first unit/office that takes cognizance of the complaint shall refer t1· ~
other issues to the proper investigating unit/office that has jurisdiction over the same

g. After the fact-finding investigation or during inspection by tt'a

OTIG, any derogatory report unearthed not within its jurisdiction shall be referred to the
appropriate investigating unit/office.

h. Parties involved shall be immediately informed on the disposition

of the complaint by furnishing a copy of the resolution and orders.

i. Cases originally filed and resolved in the lower units/offices ;)~t

are later re-filed by the losing party for reinvestigation shall be acted upon by the r.e ·rt
higher unit/office accordingly.

n. RESCISSION .. .

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AFP Core Values: Honor, SeNice, Patriotism
 AFP Vision 2028: A World-class Armed Forces, Source of National Pride

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SOP Nr 10. GHQ, AFP dtd 05 June 2020 cont'n:

7. RESCISSION:

Personnel Directive Number 02, GHQ, AFP dated 09 February 2009,

Subject: Guidelines in the Disposition of Domestic Related Offenses of AFP Personnel;
Personnel Directive Number 04, GHQ, AFP dated 26 August 2008, Subject: Policies,
Guidelines, and Procedure in the Disposition of Rape, Sexual Harassment and Other
Sexually-related Cases in the AFP; and all other existing AFP SOPs and directives that
are inconsistent with this SOP are hereby rescinded.

8. EFFECTIVITY:

This SOP shall take effect upon publication. All pending investigation by
the different investigating unit/office before the effectivity of this SOP shall be
completed.

BY COMMAND OF GENERAL SANTOS JUNIOR:

DISTRIBUTION:

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