#10 Introduction to Disciplinary Appellate Boards and Internal Affairs Service (IAS)

 

MODULE 10

Lesson title: Introduction to Disciplinary Appellate Boards and Internal Affairs Service (IAS)

Lesson Objectives:

At the end of this module, you should be able to:

1.         Classify    decisions     appealable     to     National Appellate Board and National Appellate Board.

    2. Analyze certain cases of the Disciplinary Appellate Board and Internal Affairs Service.

Disciplinary Appellate Boards

1. The National Appellate Board

• it shall be composed of the four (4) regular commissioners and shall be chaired by the executive officer
•  The Board shall consider appeals from decisions of the Chief of the PNP.

2. Regional Appellate Board

• There shall be at least one (1) regional appellate board per administrative region in the country to be composed of a senior officer of the regional Commission as Chairman and one (1) representative each from the PNP, and the regional peace and order council as members.
• It shall consider appeals from decisions of the regional directors, other officials, mayors, and the PLEBs.

Finality of Disciplinary Action. – The disciplinary action imposed upon a member of the PNP shall be final and executory: Provided, That a disciplinary action imposed by the regional director or by the PLEB involving demotion or dismissal from the service may be appealed to the regional appellate board within ten (10) days from receipt of the copy of the notice of decision: Provided, further, That the disciplinary action imposed by the Chief of the PNP involving demotion or dismissal may be appealed to the National Appellate Board within ten (10) days from receipt thereof.

• NAB and RAB shall decide the appeal within sixty (60) days from receipt of the notice of appeal
• That failure of the regional appellate board to act on the appeal within said period shall render the decision final and executory without prejudice, however, to the filing of an appeal by either party with the Secretary.

POWERS AND FUNCTIONS

• a) Pro-actively (of its own accord: motu-proprio/automatically) conduct inspection and audit of PNP personnel and units.
• b) Investigate complaints and gather evidence in support of an open investigation.
• c) Conduct summary hearings on PNP members facing administrative charges.
• d) Submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of RN personnel and units to the Chief PNP and the Commission.
• e) File appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case.
• f) Provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the following cases:

a) incidents where police personnel discharges a firearm;

b) incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police operation;

c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;

d) incidents where a suspect in the custody of the police was seriously injured; and

e) incidents where the established rules of engagement have been violated.

Any personnel who join the IAS “may not” thereafter join any other unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a committee deliberating on the appointment, promotion, or assignment of any PNP personnel.

FAQs

Q1. Where can complaints against IAS personnel are brought?

Answer: A complaint against any personnel or office of IAS shall be brought to the Inspector General’s Office or to the Commission as may be appropriate.

 

Q2. How does one become a member of the IAS?

Answer: Entry to IAS is voluntary and subject to rigid screening where only PNP personnel who have at least five (5) years of experience in law enforcement and who have no derogatory records shall be considered, except members of the BAR may enter the service laterally

 

Q3. Who appoints the members of the IAS?

Answer: Initial appointments of Heads of Offices in the IAS shall be made by the President. Thereafter, appointments and promotions shall be made by the Inspector General based on a career pattern and criteria to be promulgated by the NAPOLCOM.

 

Q4. How about the civilian components of the IAS?

Answer: Appointment of non-uniformed personnel to the IAS shall be made by the Inspector General either from within or outside the PNP organization.

 

Q5. Who may file a complaint against the PNP?

Answer: Any individual whether a natural or juridical person who is a victim of police abuses/misconduct or who has knowledge of any police irregularities may file a complaint.