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

RESIR!CIED
GENERAL HEADQUARTERS
ARMED FORCES OF THE PHILIPPINES FJSAlmzgl6011
Camp General Emilio Aguinaldo, Quezon City
OTAG/OTPMG 11 November 2022

STANDARD OPERATING PROCEDURE

NUMBER 28
GUIDELINES ON THE CONDUCT OF INVESTIGATION BY THE INVESTIGATING
OFFICER OF UNIFIED COMMANDS AND OTHER UNITS WITHOUT PROVOST
MARSHAL AND PERFORMANCE OF OTHER PROVOST MARSHAL
FUNCTIONS BY UNITS ONES

1. REFERENCES:
a. DND · Memorandum dated 02 July 2013 with subject:
Base Support Services for Unified Command Headquarters;
b. AFP Table of Organization (TO) 2019;
c. Circular Number 4 dated 20 April 1986 with subject: Disciplinary
Power of Commanding Officer under AW 105 and the Manual for Court Martial, AFP;
d. Circular Number 3 dated 13 August 2015 with subject:
Revised Rules and Procedures in Handling Disciplinary Cases against Civilian
Employees in the AFP;
e. Standing Operating Procedure Number 10, GHQ, AFP dated
19 June 2018 with subject: Uniform Procedure of Provost Marshal Investigation;
f. Standing Operating Procedure Number 5, GHQ, AFP dated
19 January 2022 with subject: Delineation of Investigative Functions of OTIG, OESPA
and OTPMG; and
g. Letter Directive Number 03, GHQ, AFP dated 16 January 2019
with subject: · Conduct of Preliminary Evaluation Prior to the Referral/Formal
Investigation.
2. PURPOSE:
Provost Marshal (PM) plays an important role in maintaining discipline
of personnel of the Armed Forces of the Philippines (AFP). The PM is responsible in
assisting and advising the Commander on policing, investigation and enforcement of
laws, rules and regulations responsive to the overall objective of the AFP. Inherent in
the Disciplinary Power of Commanding Officer under Article of War 105 is hislher
investigate function being exercised through his/her PM. The non-inclusion of Provost
Marshal Functions in the Table of Organization (TO) of Unified Commands (UCs) in
AFP TO 2019 will affect the AFP's goal in maintaining an environment under the rule
of law as it envisioned a military institution composed of disciplined soldiers that the
Filipino people can be· proud of. A disciplined and professional soldier is contributory
to the attainment of AFP's Vision: A World-class Armed Forces, Source of National
Pride.
This SOP prescribes the guidelines in the conduct of investigation by the
Investigating Officer (10) of UCs with no PM functions and other Units with no PM like
Brigades and Battalions in Philippine Army (PA) and their equivalents in the Philippine
Navy (PN) and Philippine Air Force (PAF) and the transfer of other PM functions to the
Unit Ones.

~
13. SCOPE ...
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RESIR!CIED
AF? Core Values: Honor, Service, Patriotism
""
 AFP Vision 2028: A World-class Armed Forces, Source of National Pride
RESTRICIED
SOP Nr 28, GHQ, AFP dated 11 November 2022, cont'n:
3, SCOPE:

This SOP shall be observed and adhered to by the Commanders of UCs

with no PM Functions and other Units with no PM in the conduct of investigation of
cases.
4. DEFINITION OF TERMS:
For purposes of this SOP, the following terms are hereby defined as
indicated:
a. Formal Investigation - conduct of investigation by the
appropriate investigating uniUoffice after Preliminary Evaluation and upon '
determination that the complaint is sufficient in form and substance.
b. Higher Office - shall mean the Higher Office in the Command
such as Office of the Provost Marshals in the Major Services and in the Division Levels
in the Philippine Army (PA) and their equivalents in the PN and PAF.
c. Investigating Officer (10) - any officer of proven competence
and probity who possesses knowledge or background in the conduct of investigation
of complaints/cases.
d. J urisdiction - is determined based on the unit assignment of the
defendant or respondent, that investigates the complaint. Jurisdiction is acquired when
the Commander has disciplinary power over the subject of the complaint.
e. Lower Unit - shall mean the Command lower than Division such
as Brigade in the PA or its equivalent in the PN and PAF.
f. Preliminary Evaluation - inquiry upon the complaint for the
purpose of determining the veracity of the complainUreport whether or not there is
reasonable ground to believe that the complaint is meritorious.
g. U1/G1/S1 - staff officers for personnel who will perform PM
Functions other than investigation of cases based on this SOP.
5. POLICIES:
a. Investigation of complaints filed against organic personnel or
cases referred by the Office of the Provost Marshal General (OTPMG), AFP to the
UCs shall be under the jurisdiction of the Commander based on Article of War 105.
likewise, cases filed or referred against organic personnel of other Units with no PM
shall be under the jurisdiction of the Commander. The investigation of the complainUs
shall be through the 10 duly designated with published order and authority to
investigate, signed by the Commander or the Command Adjutant.

b. The Commanders of UC and Commanders of other Units with no

PM shall identify and designate an officer of proven competence and probity who
possesses knowledge or background in the conduct of investigation of
complaints/cases to be designated as 10 of the Command.

/c. Investigation ...

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RESTRICIED
AfP Core Values: Honor, Service, Patriotism
 AFP Vision 2028: A Wor/d-class Armed Forces, Source of National Pride
RESTRICIED

SOP Nr 28, GHQ, AFP dated 11 November 2022, confn:

c. Investigation of complainUs by the 10 shall be compliant with the
existing policy on the Uniform Procedure of the Provost Marshal Investigation (SOP
Number 10, GHQ, AFP dated 19 June 2018 with subject: Uniform Procedure of
Provost Marshal Investigation). The investigation shall cover two (2) Phases, the
Preliminary Evaluation and Formal Investigation as the case maybe.
d. The Command shall first determine its jurisdiction over the
defendant or respondent before the commencement of a Formal Investigation. If the
Command has no jurisdiction over the person of the respondent or defendant, said
Command shall cause the referral of the casels to the appropriate uniUoffice through
chann.al.
e. For UCs and other Units without Provost Marshals, the
designated lOs shall perform the investigative function while respective Ones shall
perform other PM functions as follows:
1) Adviser to the commander on the state of discipline of
Command's personnel;
2) Recording, monitOring and reporting of cases;
3) Request for or issuance of alarm for apprehension and
recall of the same;
4) Issuance of Command's Clearance or Certification;
5) Consolidation, monitoring and reporting of Delinquency
Report System;
6) Conduct Troops Information and Education regarding
DLO-related pOlicies;
7) Act as the Command's Safety Officer; and
8) Attend Provost Marshal-related conferences.
6, PROCEDURES:
The following guidelines must be followed in the conduct of investigation
by the 10 upon receipt of the complaint:
a. For walk-in complainUs:
1) The 10 shall conduct Preliminary Evaluation as provided
for in the policy on Uniform Procedure of Provost Marshal Investigation to determine
whether or not the complaint is sufficient in form and substance and whether or not
the Command/UniUOffice has jurisdiction over the person of the defendant or
respondent. The same shall be completed in seven (7) working days upon receipt.
2) If the complaint is insufficient in form and substance, and
the unit has no jurisdiction over the person of the defendant or respondent, the 10 shall
return the submitted documents to the complainant and advise the latter the
CommandlUniUOffice of proper jurisdiction for the filing of the complaint.
3) If the complaint is sufficient in form and substance and the
unit has no jurisdiction over the person of the defendant or respondent, the
Commander through the 10 shall cause the referral of the case to the
CommandlUniUOffice of proper jurisdiction, through channel.

14) If the . . .
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RESTRICIED
AFP Core Values: Honor, Service, Patriotism
 AFP Vision 2028: A World-class Armed Forces, Source of National Pride
RESTR!CIED
SOP Nr 28. GHQ. AFP dated 11 November 2022. cont'n:
4) If the complaint is insufficient in form and substance, and
the unit has jurisdiction over the person of the defendant or respondent, the 10 shall
cause the publication of letter order for the dropping and closing of the case upon the
approval of the Commander without prejudice to reopening.
5) If the complaint is sufficient in form and substance, and the
unit has jurisdiction over the person of the defendant or respondent, the 10 shall
without delay, commence the Formal Investigation by informing/summoning the
defendant or respondent military personnel and require the latter to submit his/her
answer in accordance with the policy on the Uniform Procedure of Provost Marshal
Investigation. In case the defendant or respondent is a Civilian Human Resource
(Civ HR), refer to para 6.b. , herein (walk-in/unit initiated complaint involving Civ HR).
b. For walk-in/unit initiated complaint involving Civ HR:
1) The 10 shall conduct Preliminary Investigation as provided
for in the Revised Rules and Procedures in Handling Disciplinary Cases against
Civilian Employees in the AFP and shall commence not later than five (5) days from
receipt of the complaint by the Command and shall be terminated within 20 days
thereafter. The 10 shall submit the Investigation Report (IR) and the complete case
record to the Unit Commander/Chief of Office.
2) If a prima faCie case has been established during the
Preliminary Investigation, the 10 shall cause the issuance of either a Formal Charge
or a Notice of the Charges duly signed/approved by the Unit Commander/Chief of
Office, to the defendant or respondent Civ HR and require the latter to submit his/her
answer not later than 72 hours after receipt. However, in the absence of a prima facie
case, the complaint shall be dismissed in accordance with the Revised Rules and
Procedures in Handling Disciplinary Cases against Civilian Employees in the AFP.
3) After the submission of Answer by the defendant or
respondent, the Unit Commander/Chief of Office shall transmit the said answer
together with the records of the case to the concerned investigating Office like
OTPMG, AFP or Office of Ethical Standards and Public Accountability (OESPA), AFP
for the conduct of Formal Investigation, through the Staff Officer for Personnel.
. c. For referred complaint:
Under existing policy, Preliminary Evaluation shall be conducted
before the complaint is referred to Commands/Units/Office that has proper jurisdiction
over the person of the defendant or respondent. In such case, upon receipt of referral,
the 10 shall without delay commence the Formal Investigation by
informing/summoning the defendant or respondent and require the latter to submit
his/her answer following the policy on the Uniform Procedure of Provost Marshal
.lnvestigation.
d. Disposition of Complaint formally investigated by the 10:
\
1) Upon completion of the Formal Investigation, the IR shall
be forwarded by the 10 to the Commander for approval;

/2) Once ...

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RES I R! C I ED ''(\-
AFP Core Values: Honor, Service, Patriotism
 AFP Vision 2028: A World-dass Armed Forces, Source of National Pride
RESTR!CIED
• SOP Nr 28. GHQ. AFP dated 11 November 2022. con!'n:

2) Once approved, the following must be observed:

a) There must be published order signed by the

Command Adjutant that first indicate whether the defendant or respondent has been
exonerated or guilty followed by the punishment or sanction. After which, the order
shall state that the case is considered dropped and closed;
b) If the approved recommendation is reprimand or
admonition for Officer or Enlisted Personnel (EP) or demotion for EP with the grade of
E-1 to E-4, or any punishment provided for in the AW 105, except those mentioned in
the succeeding paragraph, appropriate letter or order must be issued for
implementation; and
c) If the recommendation is referral to General Court
Marshal (GCM)/Efficiency and Separation Board (ESB) or demotion of
Non-Commission Officer (NCO) with the grade of E-5 and above or
discharge/separation from the service, the recommendation shall be forwarded for the
appropriate action of OTPMG, AFP in the case of UCs or Major Services' PMs in the
case of lower units.

7. RESPONSIBILITIES: Not applicable

8. MISCELLANEOUS: Not applicable

9. RESCISSION:

All previously issued policies, orders, directives and SOPs inconsistent

with this SOP are hereby rescinded.

10. EFFECTIVITY:

This SOP shall take effect upon publication.

BY COMMAND OF LIEUTENANT GENERAL BACARRO:

JR
Colonel I.
MNSA (INF) PA

DISTRIBUTION:
t e Adj~ant General if
"A"

Copy Furnished:
All Commanders of Major Services,
Unified Commands and AFPWSSUs

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RESTR!CTED
AFP Core Values: Honor, Service, Patriotism