ADMINISTRATIVE DISCIPLINARY MACHINERY

ANTHONY N. TOLENTINO LEA 21 (4:30 5:30) P R O F. R E G G I E L . L AT O G

Administrative Disciplinary Machinery

Section 49. Legal Assistance

Legal Assistance

The secretary of the Department of Justice, the Chairman of the commission or the chief of the PNP may authorize lawyers of their respective agencies to provide legal assistance to any member of the PNP who is facing before the prosecutors office, the court or any competent body, a charge or charges arising from any incident which is related to the performance of his official duty: Provided, That government lawyers so authorized shall have the power to administer oaths.

Section 50. Power to Administer Oaths.

Power to Administer Oaths.

Officials of the Commission who are appointed by the President, as well as officers of the PNP from rank of inspector to senior superintendent, shall have the power to administer oaths on matters which are connected with the performance of the official duties.

Administrative Disciplinary Machinery pursuant to R.A. 8551

INTERNAL AFFAIRS SERVICE ( IAS )

Internal Affairs Service (IAS)

Section 39. Creation, Powers, and Functions.

An Internal Affairs Service (IAS) of the PNP is hereby created which shall:
a) Pro-actively conduct inspections and audits on 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 PNP 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 a 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, tempered with, obliterated, or lost while in the custody of police personnel; d) Incidents where a suspect in the custody of police was seriously injured; and; e) Incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards to the promotion of the members of the PNP or the assignment of PNP personnel to any key position.

Section 40. Organization

Organization.
National, regional, and provincial offices of the Internal Affairs Service shall be established. Internal Affairs Service shall be headed by an Inspector General who shall be assisted by a Deputy Inspector General. The area offices shall be headed by a Director while the provincial offices shall be headed by a Superintendent: Provided, That the head of the Internal Affairs Service shall be a civilian who shall meet the qualification requirements provided herein.

The commission shall establish a rationalized staffing pattern in the Reorganization Plan as provided for in Section 13 hereof.

Section 41. Appointments.

Appointments.

The Inspector General shall be appointed by the President upon the recommendation of the Director General and duty endorsed by the Commission. Appointments of personnel who shall occupy various positions shall be made by the Inspector General and shall be based on an established career pattern and criteria to be promulgated by the Commission.