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RULE

II
COMMENCEMENT
OF
INITIAL COMPLAINT

Directorate for Investigation and Prosecution

IT MUST BE WRITTEN IN A CLEAR.SECTION 1. ACCOMPANIED BY SWORN STATEMENTS OR AFFIDAVITS OF WITNESSES AND OTHER EVIDENCE IN SUPPORT THEREOF. Directorate for Investigation and Prosecution . ADMINISTRATIVE ACTION. HOW INITIATED AN INITIAL COMPLAINT MAY BE COMMENCED BY A WRITTEN COMPLAINT UNDER OATH. INITIAL COMPLAIN REQUIREMENT NO COMPLAINT AGAINST A BJMP PERSONNEL SHALL BE GIVEN DUE COURSE UNLESS THE SAME IS IN WRITING AND SUBSCRIBED AND SWORN TO BY THE COMPLAINANT. SIMPLE AND CONCISE LANGUAGE AND IN A SYSTEMATIC MANNER TO APPRISE THE BJMP PERSONNEL OF THE NATURE AND CAUSE OF THE COMPLAINT AGAINST HIM AND TO ENABLE HIM TO INTELLIGENTLY PREPARE HIS DEFENSE. SECTION 2.

rank. D. assignment and address of the BJMP personnel complained of. B. A detailed narration of all ultimate and evidentiary facts which shows the acts/omissions allegedly committed by the BJMP personnel.SECTION 3. COMPLAINT. CONTENTS The initial complaint shall contain the following: A. and. Certified true copies of the documentary evidence. and sworn statements covering the testimony of his witnesses Directorate for Investigation and Prosecution . if any. Full name. Full name and present address of the complainant. C.

ABSENCE OF ANY ONE OF THE AFORE-CITED REQUIREMENTS SHALL CAUSE THE OUTRIGHT DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE TO THE RE-FILING OF THE SAME. THE DIRECTOR. DIP. Directorate for Investigation and Prosecution . HEARING OFFICERS OR THE CHIEF. IN THE INTEREST OF EQUITY AND JUSTICE. ANY LEGAL OFFICERS. RESPONDENTS AND ANY WITNESSES. RIPD AND ANY PROSECUTOR OR INVESTIGATOR WITH THE RANK OF AT LEAST AN INSPECTOR MAY ADMINISTER OATHS OF COMPLAINANTS. THE COMPLAINANT MAY BE GIVEN REASONABLE TIME TO COMPLY WITH THE REQUIREMENT.

SECTION 4. ANONYMOUS COMPLAINT No anonymous complaint shall be entertained unless there is obvious truth or merit to the allegations set forth therein or if complaint is supported by documentary or direct evidence. Directorate for Investigation and Prosecution .

SECTION 5. harm or disturbance through an act or omission committed by BJMP b. natural or juridical.   Directorate for Investigation and Prosecution . WHO MAY FILE A COMPLAINT. Private Complainant   – Any person. Complainant Nominal and. who suffered injury. personnel. – The following may initiate a complaint against any BJMP personnel:   a. – Any bureau personnel authorized under the rules to institute and file charges by reason of his office or position.

An initial complaint shall be filed before the office of the disciplining authority having jurisdiction over the personnel concerned while a Formal Charge shall be filed with the office of the Regional or Chief Hearing Officer. Directorate for Investigation and Prosecution . The former refers to official reports of misdemeanor committed by any BJMP personnel or reports by private complainant. while the latter refers to the complaint filed by the bureau prosecutor.SECTION 6 WHEN & WHERE TO FILE A COMPLAINT Complaints may either be initial or formal.

the same should be given due course. Where there is obvious truth or merit to the allegations in the complaint or where there is evidence that would tend to prove the guilt of the person complained of.SECTION 7 WITHDRAWAL OF COMPLAINT. Directorate for Investigation and Prosecution . EFFECT The withdrawal of the complaint or execution of affidavit of desistance by the complainant shall neither cause the dismissal of the complaint nor discharge the BJMP personnel from any administrative liability.

ACTION ON THE COMPLAINT Within twelve (12) hours from receipt of the complaint. Directorate for Investigation and Prosecution . as the case may be.SECTION 8. the Disciplining Authority shall refer the same to the Directorate for Investigation and Prosecution (DIP) or Regional Investigation and Prosecution Division (RIDP) for the conduct of an investigation or the Unit Investigator.

Only highly competent and credible personnel possessing a high degree of integrity or probity shall be designated as investigators. economical and responsive investigation which shall commence upon complaint either by a private or nominal party.SECTION 9 PROCEDURES IN THE CONDUCT OF INVESTIGATION The BJMP adopts a speedy. DIP. prosecutors or Chief/s. Directorate for Investigation and Prosecution . RIPD or Director.

SHALL CONDUCT INVESTIGATION ON THEIR RESPECTIVE AREA OF RESPONSIBILITY WITH DUE REGARD TO THE PRINCIPLES OF JURISDICTION AND HIERARCHY OF OFFICES. OR WRITTEN COMPLAINT BY A NOMINAL OR PRIVATE PARTY. SUCH AUTHORITY SHALL BE EXERCISED BY THE DIRECTORATE FOR INVESTIGATION AND PROSECUTION (DIP) OF THE NATIONAL HEADQUARTERS. PROVINCIAL OFFICE INVESTIGATOR/S OR INVESTIGATOR FROM THE REGIONAL INVESTIGATION AND PROSECUTION DIVISION (RIPD). IF COMPLAINED PARTY IS ASSIGNED AT BJMP-NHQ OR IS AN INVESTIGATOR. PROSECUTOR. HEARING OFFICER. THE JAIL INVESTIGATOR/S. UPON ORDER OR REQUEST OF ANY DISCIPLINING AUTHORITY (DA). Directorate for Investigation and Prosecution . AS THE CASE MAY BE.

INVESTIGATION DIVISION/SECTION AND APPROVED BY THE DIRECTOR. WITH THE CHIEF. RIPD ACCOMPANIED BY A COPY OF THE FORMAL CHARGE AND EVIDENCES TO THE DISCIPLINING AUTHORITY. WITHIN THE SAME PERIOD. DIP/CHIEF. ALL FACTS RELEVANT TO THE CASE.   Directorate for Investigation and Prosecution . HE/SHE SHALL SUBMIT AN INVESTIGATION REPORT DULY CONCURRED BY THE CHIEF. THE INVESTIGATOR SHALL CONDUCT AND TERMINATE AN INVESTIGATION WITHIN SEVENTY-TWO (72) HOURS. THE INVESTIGATOR SHALL SIMULTANEOUSLY FILE/SUBMIT THE INVESTIGATION REPORT INCLUDING ALL RELEVANT EVIDENCE PROPERLY TABBED. IMMEDIATELY UPON RECEIPT OF THE COMPLAINT OR ORDER/REQUEST TO INVESTIGATE. WITHIN THE SAME PERIOD. AT THIS STAGE OF THE INVESTIGATION. IF THERE IS PROBABLE CAUSE. WITH UTMOST CONFIDENTIALITY. THE INVESTIGATOR SHALL GATHER. PROSECUTION DIVISION FOR THE PREPARATION OF FORMAL CHARGE. NO COUNTER-AFFIDAVIT OR ANY EVIDENCE SHALL BE REQUIRED FROM THE COMPLAINED PARTY SO THAT HE/SHE WILL NOT EITHER BE UNDULY VEXED OR PROMPTED TO TAMPER WITH EVIDENCE OR UNDULY INFLUENCE ANY WITNESS.