NAPOLCOM now accepting complaints via e-mail
The National Police Commission (NAPOLCOM) is now allowing the filing of administrative cases and complaints against errant cops through electronic mail in a bid to lessen close contacts or face-to-face interaction amid the continuous threat of coronavirus infection in the country.
Lawyer Rogelio Casurao, NAPOLCOM’s Vice Chairman and Executive Officer, assured that the electronic mail policy will be as effective as the regular filing of cases and complaints, noting they will assign enough personnel to regularly incoming messages.
Aside from filing of administrative cases and complaints, Casurao said the contact-less policy of the NAPOLCOM also includes filing of affidavits, counter-affidavit, pleading, motion, position paper or other communications in Summary Dismissal, Breach of Internal Discipline and Citizen’s Complaints (SBC).
He said all the legal documents could be sent to the cmcrd@napolcom.gov.ph.
“This to ensure the continuity of proceedings and safety of clients. Hourly checking of the official e-mail address will be strictly implemented,” said Casurao.
“Upon receipt of a new complaint, affidavit, counter-affidavit, pleading, motion, position paper or other communications in SBC, the Disciplinary Authority or its duly authorized official will acknowledge the receipt of the communication indicating the documents forming part of the communication and the number of pages,” he added.
The new policy was based on the decision of the NAPOLCOM en banc, chaired by Interior Secretary Eduardo Año, which prescribes the guidelines on the interruption of reglementary periods and suspension of certain proceedings in NAPOLCOM Memorandum Circular No. 2016-002 entitled “Revised Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service (IAS) of the Philippine National Police (PNP).”
Casurao said that the postponement of reglementary periods for actions in Summary Dismissal, Breach of Internal Discipline, Citizen’s Complaints and Appealed Cases for the period of March 17 until June 15, 2020 is due to the physical restrictions, mobility limitations and work suspensions in the Executive Branch.
“The interruption also included actions and submissions required from the Disciplinary Authorities and duly authorized officials. But this should not be understood as termination of administrative proceedings against the uniformed members of the PNP,” said Casurao.
“Administrative proceedings that have commenced and/or were concluded during the period of interruption shall remain valid and binding. Resumption of reglementary periods started on June 16, 2020,” he added.
Here are some of the rules issued by the NAPOLCOM for electronic mail filing:
For communication that requires certain contents, requirements or solemnities, the Disciplinary Authority or its duly authorized official shall inform the sender as to its conformity or non-conformity. If not conforming, a period of 72 hours will be given to the sender to supply the missing contents, requirements or solemnities.
All communications to be sent via e-mail must be in Portable Document Format (PDF), which also includes conversion to the required format of pieces of evidence for attachment, such as photos.
For pending cases or those for which a Formal Charge has already been issued against the respondent, the Disciplinary Authority shall inform the parties of these new guidelines and confirm if they intend to avail of said electronic mode of filing.
Casurao said the same policy provides for the suspension of personal appearance/attendance in all stages of proceedings in SBC. Instead, the Commission will utilize recorded videoconferencing or other similar modes of communication dispensing with physical face-to-face interaction.
He said transcription of recordings will then be saved in a compact disk (CD) or flash drive as part of the records of the case. If videoconferencing is not plausible, personal appearance shall be allowed as long as parties must adhere to the Minimum Public Health Standards set by the Department of Health (DOH).
Casurao said they also allowed the serving of Processes of SBC (notices, summons, subpoenas and other interlocutory orders or directives) through courier or e-mail, in addition to personal service or registered mail.
“Parties who intend to be served Processes of SBC via e-mail must submit a written request, under oath, to the Disciplinary Authority providing their official e-mail address. If they want to use the official e-mail address of their counsel, a copy of the counsel’s entry of appearance, engagement contract or retainer agreement must be attached,” said Casurao.
As alternative, Casurao said serving of processes via courier is also permitted with the understanding that the date of actual receipt thereof by the intended recipient shall be considered as the date of service.
“The Commission assures the public and our clients that all communications that would be transmitted through e-mail will be treated with utmost confidentiality,” said Casurao.