. ,- .'

AFP Vision 2028: A Worfd-dass Armed Forces, Source of National Pride '.' .

RESIR!CIED

GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES UOD/mzg/6141

Camp General Emilio Aguinaldo, Quezon City

OTAG/OTPMG 19 June 2018

STANDARD OPERATING PROCEDURE NUMBER 10

UNIFORM PROCEDURE OF PROVOST MARSHAL INVESTIGATION

1. ': ' REFERENCES:

.' Chapter 2 of AFP Provost Marshal Manual S~ries of 2015; ' .

b. Circular Nr 3, GHQ, AFP dated 13 August 2015; Subject: Revised,Rules ' and Procedures in Handling Disciplinary Cases against Civilian Employee in the AFP; ,

' ~ ". c. ,"sop· Nr 14, GHQ, ' AFP dated 25 October 2016, Subject: Disposition of Anonymous Complaints/Reports; and

, " d. " Letter Directive, GHQ, AFP dated 31 October 1972, Subject: Spe~yo'ispositionof fiending Cases.

2. PURPOSE:

" , " . The Armed' Forces of the Philippines (AFP) , in its commitment to 'continuously improve the'efficiehcyin disposing the complaints lodged .in all Provost Marshal units/offices, had published this as a guide in order to have a uniform inveStigation procedure. .,

3. SCOPE:

This Standard Operating PrOcedure (SOP) shall be observed and adhered to by all Provost Marshal unit/office to wit: Office of The Provost Marshal General (OTPMG), AFP, all Provost Marshal Offices of the Major Services, Unified' , Commands (UCs), AFP-Wide Support and Separate Units (AFPWSSUs), as well as

", 'the Infantry Divisions, PAand all other equivalent units in the Philippine Air Force , , (PAF) and Philippine-Navy (PN). ' '

, , ,

4. DEFINITION OF TERMS:

For purposes of this SOP, the following terms are hereby defined as indicated:

a. Preliminary Evaluation - inquiry upon the evidences/documents gathered for the purpose of determining the veracity of the complaint/report whether or not it warrants formal investigation.

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R E'~TR! CrE D

lb. Record ...

AFP Core Values: Honor. Service. Patriotism

;.' .. . ' "',

AFP Vision 2028: A World-class Armed Forces, Source of National Pride

RESTRICIED

SOP Nr 10. GHQ. AFP dtd 19 June 2018. cont'n:

b. Record of Appearance - record indicating what transpired during the interview with the complainant and the list of lacking documents to be submitted.

c. Suspense File - temporary file containing complaints with lacking documents . .

5. POLICIES:

a. The AFP adheres to the constitutional right of a person, subject to investigation for the speedy disposition of their cases.

b. The AFP guarantees the protection of the right of the parties involved in an investigation.

. c. Both substantive and procedural due process must be observed always during the conduct of investigation.

6. PROCEDURES:

a. Complaint shall be received in whatever form and manner from

b. Upon receipt of the complaint by the investigating office, the following must be observed:

. 1) In case of walk-in complainant, the investigator shall interview him/her and receives the required documents to complete the complaint in form. The following must be observed:

a) If the complainant appeared with or without a Notarized Complaint Affidavit and with lacking or without required documents, a Record of Appearanc:e &hall be ac;complished. The complaint must be included in the suspense file until the required documents are submitted before further investigation

. shall.be conducted; and . ' ..

b) If the complainant appeared with · or without a Notarized Complalnt Affidavit and with complete required documents, the complainant shall fill-out a Complaint Sheet and must be recorded before preliminary evaluation. The following documents must be attached to the complaint sheet:

(1) Duly executed (notarized/administered) complaint-affidavit or Sinumpaang Salaysay of the Complainant(s);

complaint, if any.

(2) Affidavit(s) of witness(es), if any; and

(3) Documentary evidence to support . the

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RE~TR!CIED

/2) In case ...

AFP Core Values: Honor, Service, Patriotism

AFP Vision 2028: A Wor/d-c/ass Aimed Forces, Source of National Pride

RESTRICIED

SOP Nr 10, GHQ, AFP dtd 19 June 2018, cont'n:

2) In case of signed letter complaints received through mail/endorsement, the Provost Marshal office/unit shall send a letter to the complainant through personal service (with acknowledgment receipt) or registered mail to appear before the same to validate the complaint and to submit the required documents. The following must be observed:

a) When the complainant fails to appear before the Provost Marshal office/unit, the complaint must be included in the suspense file;

b) When the complainant fails to appear before the Provost Marshal office/unit and the aggrieved party is the AFP, the complaint shall be treated as anonymous complaint; hence, the provision under paragraph 6.b.3) must be observed;

c) When the complainant appears before the Provost Marshal office/unit, the provisions under paragraph G,b.i) must be observed; and

d) When the complaint is received through endorsement, the endorser shall be informed of the action taken as required.

, . ' . . 3) In case of Anonymous Complaint, the procedures

indicated in SOP Nr 14, GHQ, AFP dated 25 October 2016, Subject: Disposition of Anonymous Complaints/Reports must be applied following the period stated therein fc)l"the conduct of preliminary evaluation and formal investigation, as necessary.

. c. After completion of the required documents, preliminary evaluation must be completed within seven (7) cslendar days to determine the substance and other pertinent information, such as profile of the respondent.

d. In the event that the complaint is unmeritorious to pursue a formal investigation, the proper written communication must be prepared within seven (7) calendar days for the dropping and closing through an Office Order by the Provost Marshal of the unit concerned.

e. When the complaint is complete in form and substance, a case number must be assigned and formal investigation shall be conducted. If it is for referral, the completl! case folder (original copy) must be forwarded to the uniUoffice that has jurisdiction over the respondent. The Originating office/unit shall maintain a copy of the same for reference.

f. The conduct of formal investigation must be completed within 60 days to include the following procedure:

1) The respondent shall be direded to report to the Provost Marshal office/unit to be informed on the complaint filed against him/her;

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RESTRICTED

/2) Upon ...

AFP Core Values: Honor. Service, Patriotism

AFP Vision 2028: A WOrld-class Armed Forces, SoUTee of National Pride

RESTR!~IED

SOP Nt 10. GHQ. AFP dtd 19 June 2018. COIit'r'l:

2) Upon reporting, the respondent shall be apprised of the complaint filed against himlher, shall be provided a copy of the complaint and other · supporting evidence, and shall be directed to file a Counter-Affidavit subscribed and sworn to before any person authorized to administer oath, including relevant documents and other evidence to support his/her defense within seven (7) calendar days from receipt of the complaint. The seven (7)-day period as herein provided is non-extendible except for justifiable reason(s). Failure to submit the said documents within the prescribed period shall constitute waiver on his/her part and the investigation shall proceed based on available evidence;

3) Upon receipt of the Counter-Affidavit and supporting evidence, the complainant shall be furnished a copy and may opt to file his Iher reply within seven (7) calendar days. The reply may, likewise, be responded to by the respondent within seven (7) calendar days upon receipt. Thereafter, no further pleading shall be entertained; and

4) Upon receipt of the last document(s) to be submitted either by the complainant or respondent, other pieces of evidence needed to complete the investigation may be gathered.

g. Upon completion of the formal investigation, the proper written communication (Investigation Report and Summary Disposition Form [SDFJ) must be submitted within 21 calendar days for signature of the Unit Provost Marshal prior to .aJ>proval of higher authority.

h. The conduct of investigation for AFP Civilian Employees (CEs) shall be governed by Circular Nr 3, GHa, AFP dated 13 August 2015, Subject: Revised Rules and Procedures in Handling Disciplinary Cases against Civilian Employee in the AFP.

7. RESCISSION:

All existing AFP SOPs and directives that are inconsistent with this SOP are hereby rescinded.

8. EFFECTIVITY: •

This SOP shall take effect upon publication.

BY COMMAND OF GENERAL GALVEZ JUNIOR:

DISTRIBUTION: . "A" . ,

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RE§.TR!~IED AFP Core Values: Honor, Service, Patriotism