Anthony N. Tolentino

8/12/2019 Anthony N. Tolentino

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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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Anthony N. Tolentino