Volume 13 Number 1 - University of the Philippines College of Law

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January - March 2002 National Administrative Register 523 RULE VII Decision Section 1. Period to render decision - The Director, PNPA shall render his decision in writing and personally signed by him within five (5) days from receipt of Summary Hearing Officerís Report or Evaluation. Section 2. Contents of the Decision - The decision shall contain the names of the parties, the offense charged, a brief statement of the material and relevant facts, the findings and conclusion, the applicable laws, rules and regulations obtaining in the case and the disposition thereof. Section 3. Service of Decision - The decision of the Director, PNPA shall be served personally to both complainant and respondent wherever they may be found or by registered mail with return card at their last known address within two (2) days from rendition thereof. In all cases, proof of such service, shall be attached to the records of the case for purposes of determining jurisdiction in case of appeal. Section 4. Finality of Decision - The decision of the Director, PNPA is considered final and executory if no appeal or motion for reconsideration is perfected or filed within the reglementary period to appeal. RULE VIII Motion for Reconsideration Section 1. Who May File a Motion for Reconsideration - Either party may file a motion for reconsideration on the decision rendered by the Director, PNPA within the period to appeal. Only one (1) motion for reconsideration is allowed, which shall be resolved within two (2) days from the filing thereof. Section 2. Grounds for Motion for Reconsideration or Appeal - The respondent may file a motion for reconsideration or notice of appeal with the Office of the Director, PNPA based on the following grounds: a. New evidence has been discovered which materially affects the decision rendered; b. The decision is not supported by evidence on record; c. Errors of law or irregularities have been committed prejudicial to the interest of the movant; and, d. The penalty imposed is not commensurate to the offense committed. RULE IX Appellate Jurisdiction Section 1. Appellate Jurisdiction of President, PPSC - The decision of the Director, PNPA imposing the penalty of suspension from training or dismissal from the Academy may be appealed to the President, PPSC.
524 National Administrative Register Volume 13/1 Section 2. Perfection of Appeal - An appeal shall be perfected by the respondent by filing and serving upon the Director,PNPA a notice of appeal within three (3) days from receipt of the decision or resolution subject of appeal within three (3) days from receipt of the decision or resolution subject of appeal. Within forty-eight (48) hours from receipt of the notice of appeal, the Director, PNPA, shall forward the records of the case, duly numbered and initialed, and the exhibits properly marked, to include the summary record of proceedings to the Office of the President, PPSC. Position paper or record on appeal or memorandum may be filed by the appellant. Section 3. Period to Decide Appeal - The President, PPSC shall decide the appeal within ten (10) days after receipt of the entire records of the case from the Director, PNPA. The decision/resolution/order rendered by the President PPSC on cases brought to his Office on appeal shall be final and executory, unless a timely motion for reconsideration is filed with his Office within three (3) days from receipt of the said decision or resolution or order by the appellant. only one (1) motion for reconsideration is allowed which shall be resolved within five (5) days from receipt thereof. Section 4. Service of Decision - All parties shall be furnished with a copy of the decision or resolution or order rendered by the President, PPSC. RULE X Final Provisions Section 1. Repealing Clause - All rules and regulations and other issuances, or portions thereof, inconsistent with the Rules of Procedure are hereby repealed or modified accordingly. Section 2. Separability Clause - In the event that any provisions of these Rules are declared illegal, the validity of the other provisions shall not be affected by such declaration. Section 3. Effectivity - These Rules of Procedure shall take effect upon approval by the Board of Trustees. Adopted: 20 Dec. 2001 (SGD.) LEANDRO MENDOZA Police Director General Chief, PNP/Member (SGD.) ATTY. RAMSEY L. OCAMPO Police Director Acting President, PSC/Ex-Officio Member (SGD.) HON. JOSE D. LINA, JR. Secretary, DILG/Chairman Attested: (SGD.) DIR. DULCE G. REYES, MPSA Board Secretary
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Volume 13 Number 1 - University of the Philippines College of Law

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