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ANTHONY N. TOLENTINO
LEA 21 (4 :30 5 : 3 0 )
PROF. REGGI E L. LATOG
ADMINISTRATIVE
DISCIPLINARY MACHINERY
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Administrative Disciplinary Machinery
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Section 49. Legal Assistance
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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 whois facing before the prosecutorsoffice, 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.
Legal Assistance
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Section 50. Power to Administer Oaths.
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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 areconnected with the performance of the official duties.
Power to Administer Oaths.
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INTERNAL AFFAIRS SERVICE
( IAS )
Administrative Disciplinary Machinery
pursuant to R.A. 8551
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Internal Affairs Service (IAS)
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Section 39. Creation, Powers, and Functions.
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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 administrativecharges;
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 courtas 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.
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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.
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Section 40. Organization
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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 officesshall 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.
Organization.
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Section 41. Appointments.
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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 variouspositions shall be made by the Inspector General and
shall be based on an established career pattern and
criteria to be promulgated by the Commission.
Appointments.
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