Police Disciplinary System Under R.A. No. 6975 Implementing Rules and Regulations

August 6, 1992

MEMORANDUM CIRCULAR NO. 91-002

 

Pursuant to Section 43(d) (4), of Republic Act No. 6975, otherwise known as the "Department of the Interior and Local Government Act of 1990," the following Rules of Procedure governing the investigation and disposition of administrative complaints filed against members of the Philippine National Police (PNP) before the People's Law Enforcement Board (PLEB) are hereby adopted and promulgated:

RULE I

Purpose And Scope

SECTION 1. Purpose. — To insure uniformity in the conduct of investigation and disposition of administrative complaints against PNP members before the People's Law Enforcement Boards (PLEBs), as organized under RA No. 6975, the following Rules of Procedure set forth and circumscribe the specific policies and rules to be observed in the conduct of such investigation.

SECTION 2. Scope. — These rules and regulations delineate the organization, jurisdiction, powers, duties and procedure to be observed by PLEBs in investigating and adjudicating cases against members of the PNP.

RULE II

Police Administrative Disciplinary Machinery

SECTION 1. Citizen's Complaint. — This pertains to any complaint initiated by a private citizen or his duly authorized representative on account of an injury, damage or disturbance sustained due to an irregular or illegal act committed by a member of the PNP.

SECTION 2. Jurisdiction over Citizen's Complaint. — A citizen's complaint against any member of the PNP shall be brought before any of the following disciplinary authority:

	Disciplinary Authority	Administrative Penalty
a.	Chiefs of Police	Withholding of privileges,
		restriction to specified
		limits, suspension or
		forfeiture of salary, or any
		combination thereof, for a
		period of not exceeding
		fifteen (15) days.
b.	City/Municipal Mayors	Withholding of privileges,
		restriction to specified
		limits, suspension or
		forfeiture of salary, or any
		combination thereof, for a
		period from sixteen (16)
		days to thirty (30) days.
c.	People's Law Enforcement	Withholding of privileges,
	Boards (PLEB)	restriction to specified limits,
		suspension or forfeiture of salary,
		or any combination thereof, for
		a period exceeding thirty
		(30) days, demotion in rank
		or dismissal from the service.

SECTION 3. Breach of Internal Discipline. — This refers to any offense committed by a member of the PNP involving and affecting order and discipline within the police organization.

SECTION 4. Jurisdiction Over Breach of Internal Discipline. — In dealing with offenses involving breach of internal discipline found to have been committed by any regular member of their respective commands, the duly designated supervisors and equivalent officers of the PNP shall, after due notice and summary hearing, exercise disciplinary powers, as follows:

	Disciplinary Authority	Administrative Penalty
a.	Chiefs of Police or	Admonition or reprimand;
	equivalent supervisors	restriction to specified
		limits; withholding of
		privileges; forfeiture of
		salary or suspension; or
		any of the combination of
		the foregoing; Provided,
		That, in all cases, the
		total period shall not
		exceed fifteen (15) days.
b.	Provincial directors or	Admonition or reprimand;
	equivalent supervisors	restriction to specified
		limits; withholding of
		privileges; forfeiture of
		salary or suspension; or
		any combination of the
		foregoing: Provided, That,
		in all cases, the total
		period shall not exceed
		thirty (30) days.
c.	Police regional	Admonition or reprimand;
	directors or equivalent	restriction to specified
	supervisors	limits; withholding of
		privileges; suspension
		or forfeiture of salary;
		or any combination of the
		foregoing: Provided, That,
		in all cases, the total
		period shall not exceed
		sixty (60) days. Dismissal
		from the service and demotion
		in rank may also be imposed.
d.	Chief of the PNP	Admonition or reprimand;
		restriction to specified
		limits; withholding of
		privileges; suspension or
		forfeiture of salary;
		or any combination
		thereof for a period not
		exceeding one hundred eighty
		(180) days. Also, dismissal
		from the service and demotion
		in rank.

SECTION 5. Minor Offense. — This refers to an act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include, but not limited to:

a. Simple misconduct or negligence;

b. Insubordination; THaDAE

c. Frequent absences or tardiness;

d. Habitual drunkenness; and

e. Gambling prohibited by law.

SECTION 6. Exclusive Jurisdiction. — A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the disciplinary authority who first acquired original jurisdiction over the case, notwithstanding the existence of concurrent jurisdiction as regards the offense: Provided, That offenses which carry higher penalties referred to a disciplinary authority shall be referred to the appropriate authority which has jurisdiction over the offense.

SECTION 7. Summary Dismissal Authority. — The Chief of the PNP and regional directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases:

a. When the charge is serious and the evidence of guilt is strong;

b. When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and

c. When the respondent is guilty of conduct unbecoming of a police officer.

RULE III

Organization, Jurisdiction Composition, Term of Office, and Quorum of PLEB

SECTION 1. Organization. — Within thirty (30) days from the issuance of this implementing Rules and Regulations by the Commission, there shall be created by the Sangguniang Panlungsod/Bayan in every city and municipality such number of People's Law Enforcement Boards (PLEBs) as may be necessary: Provided, That there shall be at least one (1) PLEB for every municipality and for each of the legislative districts in a city. There shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel.

In the case of a city which has two (2) or more legislative districts the Sangguniang Panlungsod concerned shall organize at least one (1) PLEB for each district.

SECTION 2. Jurisdiction. — The PLEB shall have jurisdiction to hear and decide citizens' complaints for offenses committed by officers and members of the PNP, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days, or by demotion in rank or dismissal from the service. aIcDCH

Should the penalty of suspension which automatically carries forfeiture of salary and allowances be imposed by the PLEB on a respondent member of the PNP, the period shall not exceed three (3) months; and in case of forfeiture of salary, the amount shall not exceed the equivalent of one (1) month pay.

All police officers appointed by the President shall enjoy their status as presidential appointees and may be suspended or removed only for cause and by order of the President. The PLEB concerned shall investigate administrative cases involving such officers in accordance with the procedure prescribed under the Rules; Provided, however, That the Report of Investigation shall be submitted to the President thru NAPOLCOM for appropriate adjudication.

SECTION 3. Venue. — Citizen's complaints against erring members of the PNP shall be filed with the PLEB of the city/municipality, or legislative district where respondent is assigned or stationed. In case respondent PNP member is assigned at the provincial, regional or national headquarters, such complaint shall be lodged with the PLEB of the city/municipality where said headquarters is located, Provided, however, That the Commission through its Executive Officer may, in the interest of justice, and upon proper petition filed, authorize a change or transfer the venue of investigation.

SECTION 4. Composition. — The PLEB shall be composed of the following:

a. Any member of the Sangguniang Panlungsod/Bayan chosen by his respective sanggunian;

b. Any barangay captain of the city or municipality concerned chosen by the Association of Barangay Captains; and

c. Three (3) other members who shall be chosen by the Peace and Order Council from among the respected members of the community known for their probity and integrity, one (1) of whom must be a member of the Bar or, in the absence thereof, a college graduate, or the principal of the central elementary school in the locality; Provided, however, That the Chairman of the National Peace and Order Council (NPOC), by himself or through authorized representatives, shall closely oversee the CPOCs/MPOCs in the selection and screening of PLEB members representing the community and, where warranted, may direct the replacement of said PLEB members by persons in the locality who meet the statutory qualification on probity and integrity.

The chairman of the PLEB shall be elected from among its members.

SECTION 5. Oath of Office. — Before assuming the duties of their office, the chairman and members of the PLEB shall take the following oath or affirmation before an administering officer, which shall be filed with the office of the National Police Commission in the region where the PLEB is situated. Any change in membership will necessitate a new oath of office.

"I, ________________________, do solemnly swear (affirm) that I will faithfully and conscientiously discharge my duties as chairman (or member) of the People's Law Enforcement Board in the city/municipality of ______________________; that I will perform the duties imposed upon me in accordance with the pertinent provisions of law and regulations promulgated pursuant thereto; that having in view the best interest of the police service, I will administer justice without partiality, favor or affection; that I will keep the deliberation of the Board with strictest secrecy and confidence, and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion. SO HELP ME GOD."

 

SECTION 6. Term of Office. — The term of office of the members of the PLEB shall be for a period of two (2) years from assumption of office. Such member shall hold office until his successor shall have been chosen and qualified.

SECTION 7. Compensation. — Membership in the PLEB is a civic duty. However, PLEB members may be paid per diem as may be determined by the city or municipal council from the city or municipal funds.

SECTION 8. Quorum. — The presence of the majority of all the PLEB members shall constitute a quorum. The Board shall determine, by a majority vote of all its members and its chairman, whether or not the respondent officer or member of the PNP is guilty of the charge upon which the complaint is based.

If for any reason, the chairman is unable to attend a meeting or is disqualified from participating therein, the members shall elect a temporary chairman to perform the duties appurtenant to the position.

Any member of the PLEB who is related to the complainant or respondent by affinity or consanguinity within the fourth civil degree shall be disqualified from participating in the proceeding and the case shall be tried by the remaining members provided that there is sufficient number to constitute a quorum. In the event that the PLEB could not proceed with the investigation for lack of quorum, the existing Peace and Order Council of the municipality/city concerned shall appoint temporary member/s to try and decide the specific case only. ECAaTS

SECTION 9. Nature of Proceeding. — Investigation conducted by the PLEB shall be summary in nature and without strict regard to the technical rules of evidence, but in accord with the rudiments and requirements of due process.

SECTION 10. Filing of Complaint Before PLEB. — The PLEB shall receive complaints referred to, or filed with it, by any citizen or resident of the Philippines personally aggrieved by an offense committed by a PNP member, or by the former's authorized representative. A citizen's complaint filed directly with the National Police Commission or of any agency of the government shall be transmitted immediately by the head of the agency concerned to the proper PLEB, copy furnished the superior of the respondent.

SECTION 11. Powers and Duties. — The PLEB shall have the power to investigate and adjudicate all administrative charges formally filed with, or referred to it, against any member of the PNP, and to impose the corresponding penalty.

For this purpose, the PLEB, acting through its chairman is empowered to administer oaths, summon witnesses, and require the production of documents, records, books, etc., under a subpoena duces tecum.

RULE IV

Procedure

SECTION 1. Complaint. — All proceedings must be commenced by a complaint in writing, and under oath, by the aggrieved party or his duly authorized representative or guardian against any member of the PNP who appears to be responsible therefor.

Said complaint shall be filed in at least three (3) copies with the Office of the PLEB of the city/municipality where the respondent is assigned.

SECTION 2. Formal Requirements of a Complaint. — The complaint shall be drawn in clear, simple, brief and concise language and must contain the name of the respondent, his rank and address, the designation of the offense complained of, the place, date and time of commission of the offense, and a brief statement of relevant and material facts.

SECTION 3. Notification. — Within five (5) days from the filing of the complaint, the PLEB shall cause the issuance of summons, together with a copy of the complaint, upon the respondent, requiring the latter to file his answer and/or responsive pleading within five (5) days from receipt thereof.

SECTION 4. Answer. — The answer shall be in writing and must contain material facts, which may either be in specific denial or affirmation of the allegations in the complaint and shall be accompanied by documentary or other evidence, if there be any, in support of the defense. It shall also contain a list of witnesses and their individual addresses. Failure to file an answer shall be considered as a denial of the averments of the complaints.

It shall be filed, in at least three (3) copies, either personally or by registered mail. The answer is deemed filed on the date and hour of receipt stamped by the post office on the envelope, if filed by registered mail, said envelope to be kept and made an integral part of the records of the case.

SECTION 5. Hearing Proper. — The PLEB shall proceed with the hearing proper of the case within ten (10) days from receipt of the answer.

When the respondent in his answer pleads guilty or admits responsibility to the charge, the PLEB shall nevertheless proceed with the hearing in order to determine the degree of responsibility of the respondent and the appropriate penalty to be imposed.

The parties and their witnesses shall be duly notified of the scheduled hearing at least three (3) days before the date thereof, specifying the date, time, and place of hearing.

SECTION 6. Certification of Readiness. — At the start of the hearing, the Chairman of the PLEB shall ask for the appearance of the parties and inquire if they are ready to proceed with the presentation of their evidence.

Where the parties are represented by their respective counsels, the latter shall be made to sign and/or file a certificate of readiness to proceed with the hearing. In said certification, the dates of hearing (from the commencement up to the termination of the investigation) agreeable to both counsels, but within the period prescribed by these rules, shall be clearly indicated so as to avoid delay in the proceedings brought about by motions for postponements due to conflict of schedule with other cases handled by counsels.

On the scheduled dates of hearing agreed upon and signed by the counsels, the PLEB shall proceed with the hearing as scheduled in spite of absence of one or both counsels. The certification ties and binds both parties and their counsels to the agreement, and absence of either party or his counsel shall not be considered a justifiable cause for postponing the case, except for highly meritorious grounds.

SECTION 7. Proceedings in the Absence of Counsel. — If the respondent at the start of the proceeding appear without any counsel to assist him in the investigation, the chairman of the PLEB shall inform him of his right to avail of one, if he so desires. This right may, however, be waived by the respondent expressly or impliedly.

In cases where either or both of the parties cannot afford the services of counsel or such counsel is not available, it shall be incumbent upon the PLEB as a fact-finding body to propound questions, interrogate witnesses and examine material and relevant evidence which are necessary in the determination of the issues and in arriving at a just and fair conclusion.

SECTION 8. Submission of Testimonies in Affidavit Form. — As far as practicable, direct examination of witnesses shall be dispensed with in the investigation conducted by the PLEB. In lieu thereof, the PLEB shall require each party and his witnesses to submit their testimonies in affidavit form duly sworn to, subject to the right of cross-examination by the other party or by the members of the PLEB. Cross-examination shall be confined only to material and relevant matters. Prolonged argumentation and other dilatory tactics shall not be entertained.

SECTION 9. Preventive Suspension. — Should it be established by convincing evidence at any time during the investigation of the administrative case, that respondent is exerting efforts to harass, intimidate, coerce, or unduly influence complainant or any of his vital witnesses into withdrawing his complaint or retracting his sworn statement against the former, the PLEB, through its chairman shall recommend to the respondent's station commander, or appropriate PNP commander, the placement of the respondent under suspension in order to maintain the integrity and objectivity of the investigation.

SECTION 10. Effect of Failure or Refusal of Complainant to Prosecute. — The failure or refusal of the complainant and/or his witnesses to appear and prosecute the case during the investigation, despite due notice, as reflected in the Proof of Service of administrative processes, shall be a sufficient ground to drop the complaint, provided, that the action is in personam where the culpability of the respondent cannot be established or proven without the testimony of the complainant. Prior to such action, however, the Board shall exert efforts to locate complainant and witnesses and verify the reason(s) for their failure or refusal to testify and to pursue the complaint. TCacIA

However, in cases where the culpability of the respondent could be secured by other evidence outside of the testimony of the complainant, non-appearance of the latter shall not be a ground to terminate the proceedings. As far as practicable, the Board concerned shall endeavor to pursue the investigation by securing the attendance of other vital witnesses, to avoid miscarriage of justice.

SECTION 11. Effect of Death. — Death of the respondent during the pendency of the investigation terminates the administrative case, and has the effect of exoneration.

SECTION 12. Postponement. — Postponement of investigation shall be discouraged and shall be allowed only in meritorious cases, such as illness of a party or his counsel and/or other similar unavoidable causes. A request for postponement on the ground of illness should be supported by a duly sworn medical certificate.

Regardless of the grounds invoked, not more than two (2) postponements of investigation shall be granted by reason of unavailability or illness of any party, counsel or witness. In such a case, the third scheduled hearing shall be considered intransferable in character and the projected investigation thereon shall proceed with or without the presence of the person concerned.

SECTION 13. Stenographic Record of Proceedings. — The testimony of each witness, and the manifestation of the chairman and members of the PLEB, parties and counsel, during an investigation shall be taken in shorthand or stenotype, if there is a stenographer. Clerks and stenographers employed to take down sworn testimony during the hearing shall, before entering upon the discharge of their duties, be required to take an oath that they shall well and truly report and certify in the matter then to be submitted to them in their respective capacities and will keep the deliberation of the case with strictest secrecy and confidence.

 

A transcript of the records made by the official stenographer or stenotypist, and certified as correct by him, shall be a prima facie correct statement of such testimony and proceedings.

SECTION 14. Where Services of Stenographer Not Available. — Where the services of a stenographer cannot be availed of, a typewritten substantial account of the proceedings duly certified as correct by the chairman of the PLEB, shall suffice.

SECTION 15. Solemnity of Proceedings. — The investigation shall be conducted with solemnity and proper decorum and the chairman and members of the PLEB shall comport themselves with impartiality and dignity befitting their position — that of discoverer and gatherer of facts. They should always bear in mind that their main duty is to determine the facts of the case as presented by the parties during the investigation, judiciously evaluate the evidence adduced, and thereafter, impose the appropriate penalty based on the submitted evidence.

SECTION 16. Nature and Contents of Decision. — Decision, as used in these rules, is the written finding by the PLEB that the respondent is guilty or not guilty of the offense charged, and the imposition of the appropriate penalty in case of conviction. It shall contain the charge, name of respondent, his rank, his office, or police unit, a brief statement of the material and relevant facts, findings, offense committed and the penalty imposed, if found guilty, and a dispositive portion thereof.

The Decision shall be signed by all the members who participated in the proceeding stating clearly who voted for or against the same. HESCcA

SECTION 17. Reglementary Period for Rendition of Decision. — Each case shall be decided within sixty (60) days from the time the case has been filed with the PLEB.

SECTION 18. Finality of Decision. — The decision of the PLEB becomes final after ten (10) days from receipt thereof by the parties or after the lapse of the reglementary period for perfecting a Petition for Reconsideration/Appeal and no petition/appeal is filed. If a Petition for Reconsideration is filed within the prescribed period, the decision becomes final and executory only upon receipt of the resolution of the Board on said Petition.

Where the decision of the Board involves the penalty of dismissal from the service, the same shall be immediately executory, and should be implemented upon receipt of the decision by the respondent. The filing of a Petition for Reconsideration or Appeal, as the case may be, within the reglementary period of ten (10) days shall not suspend the implementation thereof.

SECTION 19. Motion for Reconsideration. — Either party may file a motion for reconsideration from a decision rendered by the Board within ten (10) days from receipt of a copy of the decision based on the following grounds:

a. New evidence has been discovered which materially affects the decision rendered; or

b. Errors of law or irregularities have been committed prejudicial to the substantial rights and interests of movant.

Only one (1) motion for reconsideration shall be allowed and considered by the Board.

SECTION 20. Appeal. — In cases where the decision of the PLEB imposes a penalty of demotion in rank or dismissal from the service, respondent may file an appeal with the Regional Appellate Board concerned within ten (10) days from receipt of a copy of the decision.

SECTION 21. Service of Decision. — Copies of the decisions, orders and resolutions issued by the Board shall be referred to the Station Commander concerned for service to the parties.

SECTION 22. Period to Act on Appeal Filed. — The Regional Appellate Board shall, within a period of sixty (60) days from receipt of the notice of appeal, decide the appeal.

SECTION 23. Effect of Failure to Decide Appeal. — Failure of the Regional Appellate Board to decide the appeal within the reglementary period shall render the decision final and executory without prejudice, however, to the filing of an appeal by either party with the Secretary of the Department of the Interior and Local Government.

SECTION 24. Maintenance of Docket Books by PLEB. — The PLEB shall keep a Docket Book for administrative complaints, in which all complaints shall be properly entered and given their corresponding number in the order of their receipt. The Docket Book shall contain a record of the number and title of the case, rank and name of the respondent, place of assignment, date the respondent received copy of the complaint, date the answer of respondent is received, date subpoena or subpoena duces tecum is issued, date investigation of the complaint is actually commenced, date investigation thereon is terminated, date decision is promulgated, indicating whether respondent is exonerated, or, if found guilty, the penalty imposed and date the decision was served on the respondent; date when motion for reconsideration/appeal was filed, if any, and its status.

RULE V

Duties of NAPOLCOM Hearing Officers

SECTION 1. Duties of Napolcom Hearing Officers. — Pending the constitution of the PLEB, the present Napolcom Hearing Officers shall, in holdover capacity, continue the investigation of all police administrative cases.

SECTION 2. Effect of Constitution and Organization of PLEB. — Upon the organization of the mandated city/municipal PLEB, the Napolcom Hearing Officer concerned shall immediately cease functioning, and turn over to said PLEB all the police administrative cases pending in his office, except those where the investigation had already been completed.

Thereafter, the functions of the Napolcom Hearing Officers shall be confined to the following:

a. To assist in the orientation and training of PLEB members in the conduct of administrative investigation;

b. To act as legal consultants of the PLEBs in hearing and deciding administrative cases against PNP members;

c. To monitor the activities and performance of PLEBs within their respective jurisdictions, and submit monthly report thereon to the Napolcom regional director concerned; cCaATD

d. To investigate claims for benefits arising from service-connected death, permanent total disability and temporary disability.

e. To perform such other related functions as may be directed by the Chairman of the Commission.

RULE VI

Administrative Offenses

SECTION 1. Offenses Punishable. — The following are the offenses for which a member of the PNP may be charged administratively:

a. Neglect of duty

b. Irregularity in the Performance of Duty

c. Misconduct

d. Incompetency

e. Oppression

f. Dishonesty

g. Disloyalty to the Government

h. Violation of Law

and are defined as follows:

a. Neglect of duty or Non-feasance — is the omission or refusal, without sufficient excuse, to perform an act or duty, which it was the peace officer's legal obligation to perform; it implies a duty as well as its breach and the fact can never be found in the absence of a duty.

b. Irregularities in the Performance of Duty — is the improper performance of some act which might lawfully be done.

c. Misconduct or Malfeasance — is the doing, either through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as where he acts without any authority whatsoever, or exceeds, ignores or abuses his powers.

Misconduct generally means wrongful, improper or unlawful conduct, motivated by premeditated, obstinate or intentional purpose. It usually refers to transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it does not necessarily imply corruption or criminal intention but implies wrongful intention and not mere error of judgment.

d. Incompetency — is the manifest lack of adequate ability and fitness for the satisfactory performance of police duties. This has reference to any physical, moral or intellectual quality the lack of which substantially incapacitates one to perform the duties of a peace officer.

e. Oppression — imports an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority. The exercise of the unlawful powers or other means, in depriving an individual of his liberty or property against his will, is generally an act of oppression.

f. Dishonesty — is the concealment or distortion of truth in a matter of fact relevant to one's office, or connected with the performance of his duties.

g. Disloyalty to the Government — consists of abandonment or renunciation of one's loyalty to the Government of the Philippines, or advocating the overthrow of the government.

h. Violation of Law — presupposes conviction in court of any crime or offense penalized under the Revised Penal Code or any special law or ordinance.

SECTION 2. Classification of Offenses. — For the purpose of the application of penalties, administrative offenses are classified into light, less grave and grave.

A. The following are LIGHT OFFENSES:

SIMPLE NEGLECT OF DUTY . — This is incurred by any member of the Philippine National Police who shall:

a. fail to supervise, inspect and control subordinates directly under his command as to their punctuality, attendance, prescribed attire, proper use and maintenance of equipment, preparation and submission of reports, efficient performance of their duties and responsibilities, and the observance of good order, conduct, behavior and discipline;

b. fail to take corrective action by way of warning, advise, admonition or suggestion to a subordinate, or to report such conduct when such subordinate is committing or has already committed a dereliction, irregularity or violation of departmental rules and regulations; CAaEDH

c. fail to order or cause the investigation of a subordinate reported to him as absent without leave;

d. fail to disseminate any order, directive or instruction;

e. fail to coordinate or cooperate with other law enforcement agencies and their personnel;

f. absent oneself from office without having filed the necessary application for leave, either prior to the enjoyment of the leave or immediately thereafter;

g. fail or refuse to give his name and badge number when properly requested;

h. fail to report for duty in prescribed uniform with badge, identification card, service firearm and other required equipment, except those not required to wear the prescribed uniform by reason of the exigency of the service;

i. fail to keep an official appointment with a complainant, informer or crime witnesses without lawful justification;

j. fail to submit a written report to his commanding officer immediately or within a reasonable time after accidental firing of his firearm, time and circumstances would permit;

k. fail to take custody of government issued property from a member under his command who is suspended, separated, retired or dead;

l. fail to respond to or expedite action without sufficient justification on a complaint brought to the attention of the department in person, by telephone, or by letter;

m. fail to conduct within a reasonable period, proper, thorough and complete investigation when assigned to do so;

n. fail to thoroughly search for, collect, preserve and identify evidence in any arrest or investigation conducted by him;

o. fail to take proper custody, record, tag, and identify property entrusted to him as evidence;

p. be delayed unnecessarily in attending to or in performing a duty;

q. appear and testify in court, prosecutor's office, PLEB, RAB, and NAB or any other quasi-judicial body while not in proper uniform, except those duly exempted therefrom;

r. fail to report to his commanding or superior officer his inability or incapacity to report for duty, attend a conference, general inspection, or participate in an operation;

s. fail to inform his superior as to the result of action taken on a call or dispatch;

t. fail to report to his commanding or superior officer a hazardous condition or dangerous situation;

u. fail to prepare and submit properly written reports within the prescribed period of time, if required by standing regulations; and

v. fail to perform any other act analogous to the foregoing.

SIMPLE IRREGULARITY IN THE PERFORMANCE OF DUTY . — This is incurred by any member of the Philippine National Police who shall:

a. be found to have the odor or smell of alcohol on his breath while on duty, or possess alcoholic beverages on his person, police vehicle, post or office;

b. drive a marked police vehicle while not in prescribed uniform, except those who are not required to do so by reason of the exigency of the service;

c. use siren and/or red blinker light while not responding to an emergency or not in hot pursuit of a fleeing criminal or law violator;

d. malinger, loaf or consort with others while on duty or arrange with another member to take his place during his tour of duty, without prior approval of his superior;

e. allow unauthorized members of the police force to drive marked or unmarked police vehicles;

f. interfere or obstruct the work of other members or change the assignment or tour of duty of subordinates not belonging to his command; and

g. commit any other act analogous to the foregoing. DHSaCA

SLIGHT OR SIMPLE MISCONDUCT . — This offense is incurred by any member of the Philippine National Police who shall:

a. fail to salute officials, dignitaries, superior officers and other officials entitled thereto or the national colors during the playing of the national anthem;

b. fight, threaten or quarrel with any member of the police force; provided, that when the member being challenged or threatened is one of higher rank, the charge shall be that of Grave Misconduct;

c. read newspapers, books or periodicals while in uniform and on street duty;

d. be untidy or couth in his personal appearance and behave in an ungentlemanly or undignified manner;

e. fail to recognize and satisfy any just debt;

f. engage in any remunerative or gainful occupation or activity during off duty hours without approval of proper authority;

g. solicit attorneys, bondsmen or guarantors for arrested or confined persons;

h. fail to be home or to be at the place of confinement without legitimate reason after having been reported sick or injured;

i. use rude or insulting language or exhibit similar rudeness in conduct to the public;

j. mislead or deceive his superiors, directly or indirectly, in regard to absence on account of sickness;

k. fail to report for record with the Complaint or Desk Officer a case prior to its investigation;

l. allow or tolerate idlers, fixers and persons of questionable character to stay or loiter in his office, post or place of assignment without any legitimate reason or purpose;

m. fail to maintain cleanliness and orderliness in his office, premises, post or surroundings;

n. sell tickets to a benefit show, beauty contest, boxing promotion, charity show and the like unless authorized by proper authority;

o. use official forms, letterheads, seals and stamps privately or in violation of protocol; provided, that when they are used for committing a fraud, the charge shall be Grave Misconduct; and

p. commit any other act analogous to the foregoing.

B. The following are LESS GRAVE OFFENSES:

LESS GRAVE NEGLECT OF DUTY . — This is incurred by any member of the Philippine National Police who shall:

a. fail to execute lawful orders from higher authority or tolerate any subordinate to ignore or ridicule any order, rule or regulation;

b. fail to make immediate correction or take appropriate action when a dereliction, irregularity or violation of law or duty is being committed or has been committed in his presence by a subordinate under his command, or fail to report the same to his commanding officer within twenty-four hours; ESCTIA

c. fail to prepare disciplinary or administrative complaint or take such other disciplinary action as may be necessary against a subordinate under his command who has committed a serious dereliction, violation or irregularity;

d. fail to comply with any lawful order or instruction of a commanding officer or the Chief of Police;

e. fail without justifiable reason, to appear and testify in court or in the prosecutor's office or before the PLEB, RAB or NAB when duly notified or subpoenaed;

f. fail to report immediately to his commanding or superior officer, or to the Chief of Police the injury, illness, death or escape of a prisoner who is under his custody;

g. fail to communicate to the Chief of Police, through channels, any valuable information that will lead to the apprehension of a wanted person, or furnish clues for the solution of a case, or for the recovery of stolen property;

h. fail to issue a Traffic Citation Ticket (TCT) or Temporary Operator's Permit (TOP) to an offending driver whose license is already confiscated;

i. fail to turn in the used Traffic Citation Ticket or Temporary Operator's Permit together with the confiscated driver's license at the end of his tour of duty or within twenty four hours, or fail to account for the TCT's or TOP's issued to and used by him;

j. fail to report as a peace officer any incident, condition or occurrence witnessed by or reported to him which calls for immediate police action;

k. fail to properly patrol his beat, sector or post or to leave or abandon the same without being properly relieved; fail to take appropriate action concerning vice conditions in his beat and/or give written report of the same to his superior;

l. fail to report to his commanding officer within a reasonable period, injury inflicted by him to a person or animal, damage or loss of government property while on or off duty;

m. fail to comply with the order of a court of competent jurisdiction;

n. willfully violate office regulations and/or refuse or neglect to comply with said provisions;

o. be unavailable at his given address for an unreasonable length of time during a general emergency call, or for service to him of court processes and subpoena of the PLEB, RAB or NAB;

p. sleep on his post while performing patrol or guard duty; and

q. fail to perform any other act analogous to the forgoing.

LESS GRAVE IRREGULARITIES IN THE PERFORMANCE OF DUTIES. — This is incurred by any member of the Philippine National Police who shall:

a. apply for and serve a search or seizure warrant in any establishment or private house without the knowledge or approval of the chief of police;

b. use traffic violation reports which are not duly validated by the Land Transportation Office or by the Metro Manila Authority;

c. use traffic violation reports duly validated by the Land Transportation Office (LTO) but are not issued to him for traffic enforcement work;

d. use the official insignia, markings and seal of the police force in any privately owned vehicle, without the authority of the chief of police;

e. disregard or violate traffic rules and regulations while driving a police vehicle when not in hot pursuit and not responding to an emergency call; and

f. commit any other act analogous to the foregoing.

LESS GRAVE MISCONDUCT . — This is incurred by any member of the Philippine National Police who shall:

a. take advantage of his position by procuring goods and commodities at a losing price to an unwilling seller, or partake of food, drinks and cigarettes free of charge; AcICTS

b. engage in gambling or games of chance, regulated or prohibited, while on duty, or in prohibited games of chance while off duty;

c. loiter in gambling joints, narcotics dens, prostitution houses, hotels, motels, mahjong joints, cockpits, night clubs, cocktail lounge, bars, bookie corners, and in other questionable places when not in the performance of police duty;

d. be drunk and disorderly while on or off duty, or drunk while off duty and in uniform or in recognizable uniform of the force, when the same has no connection with the performance of police duty;

e. maliciously intrigue against the honor of a co-officer, or indulge in idle gossip or spread rumors that tend to discredit another member;

f. exhibit marked discourtesy in the course of official duties or use profane or insulting language to any superior officer;

g. associate or consort with known gamblers, vagrants, smugglers, vice maintainers and crime syndicate heads, not in pursuance of police objectives;

h. serve as escort or security officer, whether on foot or by motor vehicle, for any private individual regardless of his status in social or religious circles on any occasion, unless authorized by the chief of police or the appropriate officials authorized to do so;

i. take a trip abroad without proper leave or approval of the authorities concerned; EHScCA

j. borrow or solicit money or any valuable from his subordinates; and

k. commit any other act analogous to the foregoing.

C. The following are GRAVE OFFENSES:

SERIOUS NEGLECT OF DUTY . — This is incurred by any member of the Philippine National Police who shall:

a. fail or refuse to take command in an emergency in order to carry out police duty, being the officer present with the highest rank, grade or position;

b. fail to prevent or suppress the criminal act of a subordinate being committed in his presence or fail to report the same to the chief of police within twenty-four hours after discovery;

c. fail to apprehend and/or arrest under circumstances where it is his duty to do so;

d. fail to return personal effects of released prisoners or other property used in evidence, the release of which is ordered by competent court or authority;

e. fail to perform his assigned mission or fail to participate in an operation for the security of the President, or other high ranking officials of the Philippines or foreign heads of state;

f. fail to administer first aid when able and/or convey to the hospitals, victims of traffic accidents, persons shot or stabbed, persons electrocuted, and others who are dying and need urgent medical or surgical attention;

g. fail to quell a disturbance or to protect a person from death or injury when able to do so;

h. fail to help a brother peace officer in apprehending or arresting a violator who resists, or in subduing one assaulting the arresting officer, or in disarming an armed violator or in coming to the succor of another officer who is wounded, injured or outnumbered; and,

i. fail to perform any other act analogous to the foregoing.

SERIOUS IRREGULARITIES IN THE PERFORMANCE OF DUTIES. — This is incurred by any member of the Philippine National Police who shall:

a. engage directly or indirectly in partisan political activities or take part in any election except to vote;

b. act as bodyguard or security guard for any public official or candidate for any elective public office or position or any other person within three (3) months immediately preceding any election and within one (1) month thereafter, unless authorized or deputized by the Commission on Elections;

c. act as bodyguard or security guard for the person or property of any public official, or private person unless approved by the proper authorities concerned;

d. prevent any arrested person or detention prisoner to have the right of counsel;

e. reveal secret or confidential police matters and information which jeopardize police missions and operations, or which cause injury or damage to citizens;

f. establish a checkpoint in any public thoroughfare for the purpose of stopping vehicles or persons and searching them without search warrant or without legal grounds;

g. escort while on or off duty, any vehicle carrying highly dutiable or taxable goods, merchandise, appliances or machinery;

h. deliberately or through gross negligence, destroy, damage or lose government property entrusted to him for official use;

i. mutilate, deface, or destroy any driver's license; traffic citation ticket or temporary operator's permit issued in lieu thereof;

j. inflict physical injuries upon a suspect to force the latter to give a confession;

k. bring an apprehended or arrested person to a hotel or motel or to any secluded place before turning him over to the police station;

l. sell, pawn, rent or loan his government issued service firearm, vehicle or police equipment to another person or establishment;

m. act as mediator or fixer for the return of any stolen vehicle or other property whether held for ransom or not;

n. countermand the order of the mayor, chief of police, or any commanding or superior officer when such order is lawful;

o. be employed as a bouncer, security guard, watchman or lookout in a gambling den, narcotics dens, prostitution house, biniboy joint, or any other dubious establishment; ECcaDT

p. perform the duties and functions of customs or immigration authorities without proper deputation in accordance with law;

q. escort or allow other members to escort detention prisoners outside the jail in order to attend a funeral, visit a sick relative, or solicit a bond without an order of the court of proper jurisdiction; and

r. commit any other act analogous to the foregoing.

GRAVE MISCONDUCT . — This is incurred by any member of the Philippine National Police who shall:

a. maltreat or abuse any prisoner or detained person under his custody;

b. join a strike or refuse to report for duty in order to secure changes in terms and conditions of his employment, or to oust the chief of police or any other officer from office;

c. publicly consort with women of ill repute and/or scandalously cohabit with or maintain a wife other than his legitimate spouse;

d. fail or refuse to surrender or deposit his service firearm, badge, identification card and police vehicle, if any, to his commanding officer upon demand during the period of suspension;

e. willful failure to pay debts or obligations due the government; and

f. commit any other act analogous to the foregoing.

D. OPPRESSION:

Any member of the police force who shall abuse his authority in a tyrannical, cruel, and high-handed manner shall be guilty of Oppression.

E. GROSS INCOMPETENCY .

When the offense or negligence is committed by reason of manifest lack of adequate ability and fitness on the part of the respondent member for the satisfactory performance of police duties, the erring member shall be guilty of Gross Incompetency.

F. DISLOYALTY TO THE GOVERNMENT :

Any member of the police force who shall abandon or renounce his loyalty to the government of the Republic of the Philippines, or shall advocate the overthrow of its government, shall be guilty of Disloyalty to the Government, in which case, the maximum penalty of dismissal shall be imposed.

G. DISHONESTY :

Any member of the police force who shall conceal, alter or, distort the truth in a matter of fact relevant to his office, or connected with the performance of his duties shall be guilty of Dishonesty. The following acts constitute Grave Dishonesty:

a. any member who shall knowingly enter in his information sheet or CSC 212 Form, or in his Individual Police Profile, facts which are not true, or conceal or distort damaging facts;

b. makes a false report or entry in the police blotter or in any departmental record;

c. give deliberate false testimony against or in favor of a person facing a criminal, administrative or disciplinary charge;

d. destroy, conceal, or tamper physical evidence to be presented in court by exchanging, altering, damaging or diluting as to affect its original appearance, composition and content.

e. appropriate for his or another's personal use any stolen property which is recovered, found or abandoned; and

f. solicit money or valuable for the amicable settlement of cases under investigation.

H. VIOLATION OF LAW :

When a member of the police force is convicted in court of any crime or offense punishable under the Revised Penal Code or special law or ordinance, said member shall be charged before the PLEB for Violation of Law.

The administrative investigation by the PLEB shall be separate from and independent of the criminal proceedings in court for the same offense. The nature of the crime committed and the penalty prescribed therefore by the Revised Penal Code or special law shall determine the classification of the offense as light, less grave or grave.

The following are instances of Violation of Law: Any member of the Philippine National Police who shall:

a. maliciously refrain, in dereliction of the duties of his office, from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of criminal offenses (Art. 208, RPC);

b. agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation or another; or accept any gift in consideration of the execution of an act which does not constitute a crime; or receive a gift in consideration of refraining from doing something which it was his official duty to do (Direct Bribery — Art. 210, Ibid);

c. accept gifts offered to him by reason of his office (Art. 211, Ibid);

d. appropriate public funds or property, or shall take or misappropriate or shall consent or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially (Art. 217, Ibid);

e. apply any public fund or property under his administration to any public use other than that for which fund or property were appropriated by law or ordinance (Illegal Use of Public Funds or Property — Art. 220, Ibid);

f. consent to the escape of a prisoner in his custody or charge (Conniving with or Consenting to Evasion — (Art. 223, ibid);

g. allow through negligence the escape of a prisoner under his custody (Evasion through Negligence — Art. 224, Ibid);

h. remove, destroy or conceal documents or papers officially entrusted to him (Infidelity in the Custody of documents — Art. 226, Ibid);

i. fail, upon demand from competent authority, to lend his cooperation towards the administration of justice or other public service (Art. 233, Ibid);

j. overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishments in a cruel and humiliating manner (Maltreatment of prisoners — Art. 235, Ibid);

k. abandon his office, before the acceptance of his resignation, to the detriment of the public service (Art. 238, Ibid);

l. solicit or make immoral or indecent advances to a woman interested in matters pending before him for decision or with respect to which he is required to submit a report to or consult with a superior officer; solicit or make immoral or indecent advances to a woman under his custody (Abuses against Chastity — Art. 245, Ibid);

m. intentionally mutilate another, (Art. 262, Ibid);

n. wound, beat, or assault another, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind or if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefore habitually engaged, or if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he is habitually engaged for a period of more than ninety (90) days, or if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty (30) days (Serious Physical Injuries — Art. 263. Ibid);

o. inflict upon another physical injuries which shall incapacitate the offended party for labor for ten (10) days or more, or shall require medical attendance for the same period (Less Serious Physical Injuries) — Art. 265, Ibid);

p. inflict physical injuries which shall incapacitate the offended party for labor from one (1) to nine (9) days or shall require medical attendance during the same period or cause physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical attendance or ill-treat another by deed without causing any injury (Slight Physical Injuries — Art. 266, ibid);

q. arrest or detain another in any case other than those authorized by law or without reasonable ground therefor, for the purpose of delivering him to the proper authorities (Unlawful Arrest — Art. 269, Ibid); DCSTAH

r. threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime (Grave Threats — Art. 282, Ibid);

s. threaten to commit a wrong not constituting a crime (Light Threats — Art. 283, Ibid);

t. threaten another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self defense, or orally threaten another, in the heat of anger, with some harm not constituting a crime, although subsequent acts show that he did not persist in the idea involved in his threat, or orally threaten to do another any harm not constituting a felony (Other Light Threats — Art. 285, Ibid);

u. without authority of law, prevent another, by means of violence, from doing something not prohibited by law, or compel him to do something not prohibited by law, or compel him to do something against his will, whether it be right or wrong (Grave Coercions — Art. 286, Ibid);

v. seize, by means of violence, anything belonging to his debtor for the purpose of applying the same to the payment of the debt (Light Coercions — Art. 287, Ibid);

w. perform, under pretense of official position, any act pertaining to any person in authority or public officer without being lawfully entitled to do so (Usurpation of Official Functions (Art. 177, Ibid);

x. publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member (Illegal Use of Uniforms or Insignia — Art. 179, Ibid);

y. Detain another, without legal grounds (Arbitrary Detention — Art. 124, Ibid);

z. detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties or their equivalent, and thirty six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities — Art. 125, as amended by Executive Order No. 272 dated 25 July 1987);

aa. delay for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delay the service of notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person (Delaying Release — Art. 126, Ibid);

bb. enter, without being authorized by judicial order, any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner or having surreptitiously entered said dwelling and being required to leave the premises, shall refuse to do so (Violation of Domicile — Art. 128, ibid); cDCaTS

cc. procure a search warrant without just cause, or having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same (Search Warrant Maliciously Obtained and Abuse in the Service of those legally obtained — Art. 129, Ibid); and

dd. search the domicile, papers, or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two (2) witnesses residing in the same locality (Searching Domicile Without Witnesses — Art. 130, Ibid).

RULE VII

Administrative Penalties

SECTION 1. Imposable Penalties. — The following are the penalties that may be imposed by the PLEB in police administrative cases:

a. Withholding of privileges

b. Restriction to specified limits

c. Suspension

d. Forfeiture of salary or fine

e. Demotion (of not more than one rank)

f. Dismissal

SECTION 2. Schedule of Penalties. — The penalties for light, less grave and grave offenses shall be made in accordance with the following schedule:

A. For light offenses:

a. Withholding of privileges or restriction to specified limits or suspension or forfeiture of salary, or any combination thereof from one (1) day to ten (10) days (minimum period);

b. Withholding of privileges or restriction to specified limits or suspension or forfeiture of salary, or any combination thereof from eleven (11) days to twenty (20) days (medium period);

c. Withholding of privileges or restriction to specified limits or suspension or forfeiture of salary, or any combination thereof from twenty-one (21) days to thirty (30) days (maximum period).

B. For less grave offenses:

a. Withholding of privileges or restriction to specified limits or suspension or forfeiture of salary, or any combination thereof from thirty one (31) days to forty five (45) days (minimum period);

b. Withholding of privileges or restriction to specified limits or suspension or forfeiture of salary, or any combination thereof from forty-six (46) days to sixty (60) days (medium period);

c. Withholding of privileges or restriction to specified limits or suspension or forfeiture of salary, or any combination thereof from sixty one (61) days to ninety (90) days (maximum period).

C. For grave offenses:

a. Suspension for three (3) months (minimum period);

b. Forced Resignation/Demotion of not more than one (1) rank (medium period);

c. Dismissal (maximum period)

SECTION 3. Limitation in the Imposition of Penalties. — If the penalty of suspension is imposed by the PLEB, the same shall not exceed three (3) months suspension; and in case of forfeiture of salary (fine) the amount shall not exceed the equivalent of one (1) month pay.

On the other hand, the penalty of "Withholding of Privileges" shall be confined to deferment of vacation leave privileges, availment of loan privileges and participation in training grant or programs and such other similar privileges normally enjoyed by civil service employees.

SECTION 4. Qualifying Circumstances. — In the determination of the penalties to be imposed, mitigating and aggravating circumstances attendant to the commission of the offense shall be considered.

A. The following are mitigating circumstances:

a. physical illness

b. good faith

c. length of service in the government

d. analogous circumstances

B. The following are aggravating circumstances:

a. taking advantage of official position

b. taking undue advantage of subordinate

c. undue disclosure of confidential information

d. use of government property in the commission of the offense

e. habituality

f. offense is committed during office hours and/or within the premises of the working office or building

g. employment of fraudulent means to commit or conceal offense

h. analogous circumstances

SECTION 5. Guidelines in the Application of Penalties. — The imposition of the penalty shall be made in accordance with the manner herein below provided:

a. Like penalties shall be imposed for like offenses and only one penalty shall be imposed for each case. "Each case" means one administrative case which may involve one or more charges or counts; DEHaTC

b. The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances are present;

c. The medium of the penalty shall be imposed where no mitigating and aggravating circumstances are present

d. The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstances are present;

e. Where aggravating and mitigating circumstances are present, rule (a) shall be applied where there are more mitigating circumstances present, rule (b) shall be applied where the circumstances equally off-set each other; and rule (c) shall be applied when there are more aggravating circumstances; and

f. If the respondent is found guilty of two (2) or more charges or counts, the penalty to be imposed should be that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.

 

SECTION 6. Administrative Disabilities Inherent in Certain Penalties. — The following are the administrative disabilities inherent in certain penalties:

a. The penalty of dismissal, which results in the separation of the respondent from the service, shall carry with it that of cancellation of eligibility, forfeiture of leave credits and retirement benefits, and the disqualification for re-employment in the police service;

b. The penalty of suspension, which consists in the temporary separation or cessation of work of the respondent for the duration of the sanction, shall carry with it that of disqualification for promotion corresponding to the period of suspension.

c. The penalty of forfeiture of salary, which consists of an amount not exceeding one (1) month salary, shall carry with it that of disqualification for promotion corresponding to the penalty imposed.

RULE VIII

Final Provisions

SECTION 1. Repealing Clause. — All rules and regulations and other issuances, or portions thereof, inconsistent with this Rules of Procedure are hereby repealed or modified accordingly.

SECTION 2. Separability Clause. — In the event that any of the provisions of this Rules is declared illegal, the validity of the other provisions shall not be affected by such declaration.

SECTION 3. Effectivity. — This Rule of Procedure shall take effect upon approval.

 

(SGD.) LUIS T. SANTOS

Secretary, Department of the Interior and Local Government and

Chairman, National Police Commission

(SGD.) DR. TEODULO C. NATIVIDAD

Commissioner and Vice Chairman

(SGD.) VIRGILIO M. DAVID

Commissioner

(SGD.) EDGAR DULA TORRES

Commissioner

Attested by:

(SGD.) REYNALDO J.D. CUADERNO

Executive Director III

 

Form 1 — Complaint

Republic of the PhilippinesProvince of ___________PEOPLE'S LAW ENFORCEMENT BOARD________________________(City/Municipality)

_____________________

(Date)

The ChairmanPeople's Law Enforcement Board_________________________City/Municipality and Province

 

S i r :

C O M P L A I N T

I, ___________________________ (Name of Complainant),of legal age, married (or single), Filipino and with residence at ____________________________ do hereby charge Mr. ___________ a __________________ (State the Rank) in the police station of ______________________________________________ (City/Municipality and Province) with _________________________ (State the Offense) committed as follows:

(State the facts of the case)

Complaint

In support of the above charge(s), I am submitting the following:

a) Affidavits of corroborating witnesses.

b) Enumerate other documentary evidence with a brief statement of the substance of each. (to be attached) CAcIES

In view thereof, it is respectfully prayed that after due investigation respondent ___________ be found guilty as charged, and meted the appropriate penalty.

__________________

Complainant

SUBSCRIBED AND SWORN to before me this ____ day of ______ 19 ___, complainant exhibiting to me his/her Residence Certificate No. A- ________ issued at _________ on _______________ 19 ____.

___________________

(Person authorized to

Form 2 — Summons

Republic of the PhilippinesProvince of ____________PEOPLE'S LAW ENFORCEMENT BOARD______________________________(City/Municipality)

 

___________________	Adm. Case No. _______
Complainant,
- versus -	For: _________________
	(Offense charged)
_____________________
Respondent (s),

 

 

S U M M O N S

TO: ___________________

 ___________________

G R E E T I N G S :

You are hereby notified that a formal administrative complaint against you, copy attached, has been filed with this Office for the aforecited offense under the provision of Section 41 of Republic Act No. 6975 ("Department of the Interior and Local Government Act of 1990") in relation to NAPOLCOM Memorandum Circular No. ___ dated ______ 1991.

Wherefore, you are hereby required to answer in writing the above-mentioned charge(s) within five (5) days from receipt hereof, and to file said Answer under oath in three (3) copies to the Board. Attach therewith such documentary evidence as you wish to present in your defense.

Given this ____ day of ________, 19 ___ at _________, ________________________, Philippines.

___________________________ChairmanPeople's Law Enforcement Board

The Chief of Police____________________

 

S i r :

Please give due course to the herein summons and to return to this Office the original of the same with your proof of service indorsed at the back hereof.

Very truly yours,

_________________________ChairmanPeople's Law Enforcement Board

Form 3 — Answer

Republic of the PhilippinesProvince of ______________PEOPLE'S LAW ENFORCEMENT BOARD_____________________________(City/Municipality)

______________

(Date)

The ChairmanPeople's Law Enforcement Board_________________________City/Municipality and Province

A N S W E R

S i r :

I, _____________________ (Name of Respondent), now a __________ (State Rank) in the police station of ______________________________________ (City/Municipality and Province) after having been furnished a copy of the charge(s) filed against me by ______________________________ (Name of complainant), hereby deny (or admit) the said charge(s) against me.

In support thereof, I wish to state that I deny the allegation in paragraph 1, etc., the truth of the matter being ____________________________________________; ________________________________ (State briefly the detail of the defense, attaching any or all evidence available at the time of answer).

In the formal investigation of the above charge(s) against me, it is requested that the following witness(es) in my favor be called upon to testify thereat and/or that the following documents be required to be brought by _________________________________________________________________________________ (State Name and Address of Witness and the Documents to be produced) before that Board as evidence for my defense. DTEcSa

In witness hereof, I hereunto sign my name this __ day of ____, 19 __ in ___________, Philippines.

 (Place of Investigation)

_______________________

(Name of Respondent)

SUBSCRIBED and Sworn to before me this ____ day of _______, 19 ____, in the City/Municipality of _________, affiant exhibiting to me her/his Residence Certificate No. A- _______ issued at ____________________ on _________ 19 ___.

_______________________

(Person authorized to

Form 4 — Subpoena

Republic of the PhilippinesProvince of ____________PEOPLE'S LAW ENFORCEMENT BOARD

__________________________

(City/Municipality)

S U B P O E N A

 

___________________	Adm. Case No. ______
Complainant,
- versus -	For: ______________
	(Offense charged)
_____________________
Respondent(s).

 

 

TO: __________________ __________________ __________________

G R E E T I N G S :

You are hereby required to appear and be present at the hearing of the above-captioned case before this Board at ________ a.m./p.m. on the ______ day of _________ 19 ____, then and there to testify in the above-entitled case pending therein.

Subpoena

FAIL NOT UNDER PENALTY OF LAW.

Given this _____ day of _______________ 19 ______ at ___________________________.

_______________

Chairman

PROOF OF SERVICE:

I have this day served a copy of the foregoing subpoena upon Mr. ______________ personally (or by registered mail No. ________).

Dated this ________ day of ___________, 19 _______.

_________________

Serving Party

Form 5 — Decision

Republic of the PhilippinesProvince of ____________PEOPLE'S LAW ENFORCEMENT BOARD__________________________(City/Municipality)

 

___________________	Adm. Case No. ______
Complainant,
- versus -	For: _____________
	(Offense charged)
_____________________
Respondent(s).

 

 

D E C I S I O N

I. PRELIMINARY STATEMENT :

(Brief statement of the case)

II. FACTS OF THE CASE:

(Give summary of relevant and material facts)

III. EVIDENCE:

During the investigation, the following pieces of evidence were introduced and admitted for evaluation:

1. For the complainant.

(State the nature and substance of documentary evidence submitted with their respective markings arranged alphabetically in the order of presentation; names and addresses of witnesses and substance of the testimony of each; nature of other types of evidence submitted)

2. For the respondent.

(Same as III-1 only that the markings should be in arabic numerals)

IV. FINDINGS :

(State the facts of the case as determined by the Board from the evaluation of evidence submitted)

V. CONCLUSION/DISPOSITIVE PORTION :

(State on whether respondent is guilty or not guilty of the charge; the imposable penalty if culpable; and a pronouncement of exoneration in case of non-culpability).

So ordered.

_________________________________________________________

(City/Municipality and Province, Date of Issue)

______________

Chairman

 _______________________ ________________________

 _______________________ ________________________

Form 6 — Letter of Implementation (Decision)

Republic of the Philippines

Province of ___________

PEOPLE'S LAW ENFORCEMENT BOARD

________________________

(City/Municipality)

The Chief of Police

_______________

S i r :

Enclosed herewith for service to the parties/implementation is the decision of the People's Law Enforcement Board dated ____________ in Administrative Case No. __________ for ____________, entitled:

"_________________

_________________

Complainant(s),

- versus -

___________________

___________________

Respondent(s)".

disposing/deciding the case as indicated opposite the names of the respondent(s), hereunder:

 

RANK and NAME	DISPOSITION/DECISION
____________________	_____________________
____________________	_____________________
____________________	_____________________

A copy each of the decision and this implementing letter-directive shall be served upon the complainant and respondent within five (5) days from your receipt hereof. Thereafter, return to this Board within three (3) days the attached Proof of Service — (NAPOLCOM Form No. 9) duly accomplished.

 

Very truly yours,

______________Chairman

If respondent is meted the penalty of dismissal from the service he should be suspended immediately upon his receipt of the decision. If he neither files a petition for reconsideration nor appeals the case direct to the Regional Appellate Board within ten (10) days from his receipt of the decision, his dismissal shall be final and unappealable; and if he files a petition or appeals within the aforesaid 10-day reglementary period, he shall nevertheless remain under suspension pending resolution of his appeal. (Section 18, Rule IV, NAPOLCOM Memorandum Circular No. _____________ dated _________ 1991).

Upon the other hand, the penalty of demotion in rank becomes effective only upon receipt of the decision of his appeal from the Regional Appellate Board, if one has been filed within the reglementary period of ten (10) days; if no appeal is filed, the same becomes immediately executory after ten (10) days from receipt of the original decision of the People's Law Enforcement Board.

If respondent is penalized with withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days, he shall be made to serve the penalty after ten (10) days from his receipt of the decision, if no petition for reconsideration is filed within said period. If he files the petition within the ten (10) days period, the penalty imposed shall be held in abeyance pending resolution of the petition by the Board. SDTcAH

Copy furnished:
1.	The Chairman
	National Police Commission
	Makati, Metro Manila
2.	PNP Provincial Director
	___________________
	___________________
3.	PNP Finance Center
	Camp Crame, Quezon City
4.	Complainant

Form 7 — Letter of Implementation (Resolution-Modification)

Republic of the Philippines

Province of ____________

PEOPLE'S LAW ENFORCEMENT BOARD

_________________________________

(City/Municipality)

The Chief of Police

_______________

S i r :

Enclosed for implementation is the resolution of this Board dated ______________________ in Administrative Case No. _____ for _____________________________, entitled:

"__________________

__________________

Complainant(s),

- versus -

___________________

___________________

Respondent(s)".

modifying its decision dated ____________, in the manner indicated opposite the respondent(s) names, hereunder:

 

RANK and NAME	PENALTY MODIFIED TO
___________________	____________________
___________________	____________________
___________________	____________________

Respondent whose penalty is modified from ____________ to ___________ shall be ordered to serve the same upon his receipt of the resolution and a copy of this implementing letter-directive. Service of the abovementioned papers and issuance of orders for suspension should be complied within five (5) days from your receipt hereof. Thereafter, return to this Board within three (3) days, the corresponding Proof of Service (NAPOLCOM Form No. 9), duly accomplished. HaIATC

It is informed that under NAPOLCOM Memorandum Circular No. ___ dated ___________ 1991 (Rule III, Section 19), only one Petition for Reconsideration shall be considered.

Very truly yours,

______________

Chairman

Copy furnished:
1.	The Chairman
	National Police Commission
	Makati, Metro Manila
2.	PNP Provincial Director
	___________________
	___________________
3.	PNP Finance Center
	Camp Crame, Quezon City
4.	Complainant

Form 8 — Letter of Implementation (Resolution-Affirmation)

Republic of the Philippines

Province of ___________

PEOPLE'S LAW ENFORCEMENT BOARD

_____________________________________

(City/Municipality)

The Chief of Police

_______________

S i r :

Enclosed for execution is the resolution of this Board dated _____________ in Administrative Case No. ________ for ________________, entitled:

"______________________

______________________

Complainant(s)

- versus -

______________________

______________________

(Respondent(s)".

affirming its decision dated ____________, on respondent(s) as hereunder indicated opposite their names:

RANK and NAME	AFFIRMED DECISION
___________________	____________________
___________________	____________________
___________________	____________________

Herein resolution affirming the decision of the Board dated _________ should be implemented immediately upon receipt by respondent a copy of said resolution. Service of the above mentioned papers should be complied within five (5) days from receipt hereof. Thereafter, return to this Board within three (3) days the attached Proof of Service (NAPOLCOM) Form No. 9) duly accomplished. Under Napolcom Memorandum Circular No. ______ dated ___________ 1991 (Rule III, Section 19) only one Petition for Reconsideration shall be considered.

Very truly yours,

________________

Chairman

 

Copy furnished:
1.	The Chairman
	National Police Commission
	Makati, Metro Manila
2.	PNP Provincial Director
	___________________
	___________________
3.	PNP Finance Center
	Camp Crame, Quezon City
4.	Complainant

Form 9 — Proof of Service

Republic of the PhilippinesProvince of ___________PEOPLE'S LAW ENFORCEMENT BOARD

________________________________(City/Municipality)

 

_____________________	Adm. Case No. _____________
Complainant,
- versus -	For: ____________________
	(Offense Charged)
______________________
Respondent.

 

 

P R O O F O F S E R V I C E

__________

Date

I hereby certify that the Decision/Resolution of the People's Law Enforcement Board dated ________ in the above-entitled case was served upon the complainant/respondent(s) as hereunder indicated:

1.	Date of the Decision/Resolution was received by this District/Station:
	___________________________________________________
2.	Receipt of the Decision/Resolution by Complainant/Respondent(s):
	PRINT NAME and SIGN	DATE and TIME RECEIVED
	a. _________________	_____________________
	b. _________________	_____________________
3.	Action Taken If Any:
4.	Remarks:
	_______________________________________________________
	_______________________________________________________
	_______________________________________________________
	_______________________________________________________

_____________Signature

___________________Print Rank and Name

___________________Designation

Form 10 — Quarterly Report

Republic of the Philippines

Province of ___________

PEOPLE'S LAW ENFORCEMENT BOARD

________________________________(City/Municipality)

_______ QUARTER 19 _____

A. Number of administrative cases received

a. Cases carried over from previous quarter

b. Cases received within the quarter

B. Number of cases investigated during the quarter

C. Number of cases pending investigation

D. Number of cases decided during the quarter

a. On the merits

1. Penalized

i. Withholding of privileges

ii. Restriction to specified limits

iii. Suspension

iiii. Forfeiture of salary

iiiii. Combination of the foregoing

iiiiii. Demotion

iiiiiii. Dismissal from the service

2. Exoneration

E. Number of respondent charged

F. Number of petition for reconsideration filed/resolved

a. affirmed

b. Denied

c. Modified

d. Reversed

__________________Chairman

MEMORANDUM CIRCULAR NO. 91-002-A

AMENDING SECTION 3, RULE III, OF MEMORANDUM CIRCULAR NO. 91-002, DATED 8 APRIL 1991, ENTITLED "PROCEDURE IN THE INVESTIGATION AND DISPOSITION OF ADMINISTRATIVE COMPLAINTS AGAINST MEMBERS OF THE PHILIPPINE NATIONAL POLICE (PNP) BEFORE THE PEOPLE'S LAW ENFORCEMENT BOARD (PLEB)"

On recommendation of the Regional Directors of the National Police Commission (NAPOLCOM) during its Quarterly Meeting with the Central Management on 10 May 1991, Section 3, Rule III, of Napolcom Memorandum Circular No. 91-002, is hereby amended to read as follows:

"Sec. 3. Venue. — Citizen's complaints against erring members of the PNP shall be filed with the PLEB of the city/municipality, or legislative district where the offense was committed; Provided, however, That the Commission through its Executive Officer may, in the interest of justice, and upon proper petition filed, authorize a change or transfer the venue of investigation." SITCcE

This Circular shall take effect immediately.

Issued at Makati, Metro Manila, this 10th day of May, 1991.

 

(SGD.) LUIS T. SANTOS

Secretary, Department of the Interior and Local Government and, Chairman

National Police Commission

(SGD.) DR. TEODULO C. NATIVIDAD

Commissioner and Vice-Chairman

(SGD.) VIRGILIO M. DAVID

Commissioner

(SGD.) EDGAR DULA TORRES

Commissioner

Attested by:

(SGD.) REYNALDO J.D. CUADERNO

Executive Director III

MEMORANDUM CIRCULAR NO. 92-001

AUTHORIZING THE NAPOLCOM REGIONAL DIRECTORS TO ACT ON PETITIONS FOR TRANSFER OF VENUE OF INVESTIGATION RE POLICE ADMINISTRATIVE CASES FILED WITH, OR BEING INVESTIGATED BY, THE PEOPLE'S LAW ENFORCEMENT BOARDS (PLEBs).

WHEREAS, Section 3 of NAPOLCOM Memorandum Circular No. 91-002, dated 8 April 1991, as amended by NAPOLCOM Memorandum Circular No. 91-002-A, issued 10 May 1991, provides thus:

"Venue. — Citizen's complaints against erring members of the PNP shall be filed with the PLEB of the city/municipality or legislative district where the offense was committed; Provided, however, That the Commission through its Executive Officer may, in the interest of justice and upon proper petition filed, authorize a change or transfer the venue of investigation.";

WHEREAS, in order to facilitate action on requests for change or transfer of venue of investigation, it is imperative that the authority to act on such petitions be delegated to the NAPOLCOM Regional Directors;

IN VIEW THEREOF, Regional Directors of the Commission, in addition to the powers and functions delegated to them under General Orders No. 5 and 11 dated 10 April 1986 and 5 January 1988, respectively, shall have the authority to grant request for change/transfer of venue of administrative cases filed with and pending before the People's Law Enforcement Boards (PLEBs) in their respective jurisdictions, subject to the following requirements:

 

1. As a matter of policy, request for change/transfer of venue must be discouraged, except when there is imminent and direct threat to life and limb to any party as to frustrate the successful investigation of an administrative case filed and pending before the PLEBs. Thus, the mere allegation of harassment or threat to life without evidence to support the same will not suffice the grant of the request.

2. Request for change/transfer of venue must be referred to the PLEB on case for its comment/recommendation before final action by the Regional Director.

3. If the request for change of venue involves the transfer of investigation of the case outside the jurisdiction of the Regional Director, the same shall be referred to the Executive Officer of the Commission for dispositive action.

4. In the evaluation of the merits of the request for change of venue, the Regional Director shall take into consideration such factors as nature or gravity of the charge, greater interest of the public who might be deprived of the services of the respondent if the venue will be transferred, the relative distance between the original venue and the new place of investigation being requested and similar variables.

This Memorandum Circular shall take effect immediately.

Issued this 9th day of January 1992, at Makati, Metro Manila, Philippines.

(SGD.) CESAR N. SARINO

Secretary, DILG and Chairman, NAPOLCOM

(SGD.) DR. TEODULO C. NATIVIDAD

Vice Chairman and Executive Officer

(SGD.) EDGAR DULA TORRES

Commissioner

(SGD.) VIRGILIO M. DAVID

Commissioner

(SGD.) GUILLERMO P. ENRIQUEZ, JR.

Commissioner

Attested by:

(SGD.) REYNALDO J.D. CUADERNO

Executive Director III

NPC MEMORANDUM CIRCULAR NO. 91-007

SUBJECT : Prescribing the Rules and Regulations Governing Appeals to the Napolcom Disciplinary Appellate Boards.

Pursuant to Section 14 (j) and (k), Section 20 (c), Section 43 (e) and Section 44 of Republic Act No. 6975, otherwise known as the "Department of the Interior and Local Government Act of 1990", the following Rules and Regulations governing appeals to the NAPOLCOM Disciplinary Appellate Boards, are hereby promulgated:

RULE I

Purpose and Scope

SECTION 1. Purpose. — This Memorandum Circular aims to insure speedy and uniform resolution of appeals in police administrative cases, in line with the procedure prescribed by R.A. No. 6975. SDHCac

SECTION 2. Scope. — The herein Rules and Regulations delineate the organization, jurisdiction and functions of the Regional Appellate Boards (RABs) and the National Appellate Board (NAB) and prescribe the procedure in the disposition of appeals elevated to said Boards.

RULE II

Regional Appellate Boards (RABs) Jurisdiction and Composition

SECTION 1. Organization. — The National Police Commission shall create and organize at least one (1) Regional Appellate Board (RAB) in each administrative region in the country. However, in regions where the volume of police administrative cases requires the constitution of more than one Board, additional Regional Appellate Boards may be created by the Commission.

The Regional Appellate Board (RAB) shall hold office in the region where it is assigned, preferably in the same building where the NAPOLCOM Regional Office is located.

SECTION 2. Jurisdiction. — The Regional Appellate Boards (RABs) shall decide appeals in the following cases:

a. Decisions of the People's Law Enforcement Boards (PLEBs) in which the penalty imposed is demotion in rank, forced resignation or dismissal from the service. DEIHAa

b. Decisions of the PNP Regional Director in which the penalty imposed is demotion in rank, forced resignation or dismissal from the service.

c. Decisions of the city or municipal mayors in cases falling within their respective jurisdictions; and

d. Decisions of the NAPOLCOM Regional Directors with respect to claims for police benefits.

SECTION 3. Composition. — Each RAB shall be composed of a senior official of the regional office of the Commission as Chairman and a senior officer of the Philippine National Police and a representative of the Regional Peace and Order Council as members.

SECTION 4. Quorum. — The presence of the Chairman and one member of the RAB or two (2) members thereof, shall constitute a quorum.

Any member of the RAB who is related to the complainant or respondent by affinity or consanguinity within the fourth civil degree shall be disqualified from participating in the proceedings in that particular case only.

RULE III

Powers, Duties, Procedure and Finality of Decisions of Regional Appellate Boards (RABs)

SECTION 1. Powers and Duties. — The Regional Appellate Boards (RABs) shall review and, when warranted by the evidence, either affirm, modify, reverse or remand decisions in police administrative cases and claims for benefits which have been appealed to them within the prescribed reglementary period. For such purpose, it may call upon and require the presence of any or all parties to a particular case, or any other person, testify for purposes of clarifying and resolving certain material and relevant issue in the case or claim for benefits.

Accordingly, the RAB, through its Chairman, shall have the power to administer oaths, summon witnesses, and require the production of documents, records, books, etc. under a subpoena duces tecum.

SECTION 2. How Appeal is Taken. — An appeal shall be perfected by filing with the deciding authority, and serving upon the adverse party, a Notice of Appeal, within ten (10) days from receipt by the Appellant of a copy of the decision/resolution.

The Notice of Appeal shall specify the decision/resolution, or part thereof appealed from, together with such data as will show that the appeal was perfected on time as well as the grounds and arguments in support thereof.

Within five (5) days from receipt of the Notice of Appeal, the deciding authority aforementioned shall transmit the entire records of the case to the Regional Appellate Board (RAB) concerned, for final review and disposition, and the latter shall resolve the appeal within sixty (60) days from receipt of the records of the case.

SECTION 3. Grounds for Appeal. — An appeal filed with the (RAB) may be based on any of the following grounds:

a. That new and material evidence has been discovered which appellant could not, with reasonable diligence, have discovered and produced at the hearing, and which if presented would probably change the decision;

b. That errors of law or irregularities have been committed during the investigation prejudicial to the substantial rights of the appellant;

c. That the findings of fact of the disciplinary body are not supported by substantial evidence; or

d. That the penalty imposed by the disciplining body is not commensurate to the offense committed.

SECTION 4. Effect of Filing of Appeal. — In cases where the penalty imposed in the decision appealed from is dismissal from the service, the same shall be immediately executory. However, in the event that the respondent is exonerated on appeal, he shall be considered as having been under suspension during the pendency of the appeal, with entitlement to payment of back salaries.

SECTION 5. Finality of Decision/Resolution. — The decision of the RAB on an appealed case shall become final and executory after ten (10) days from receipt of a copy thereof by the appellant, if no Motion for Reconsideration is filed within said period.

A Motion for Reconsideration may be filed by either party from a decision rendered by the RAB on an appealed case, provided that the same is filed within ten (10) days from receipt of a copy of the decision in question. However, only one (1) Motion for Reconsideration may be allowed.

SECTION 6. Service of Decision. — Copies of the decisions, resolutions and orders issued by the RAB shall be referred to the Chief of Police concerned for service to all the parties thereof, within five (5) days from receipt of such decisions, resolutions, or orders.

RULE IV

National Appellate Board (NAB) Jurisdiction and Composition

SECTION 1. Organization. — The Commission shall organize the National Appellate Board (NAB) in one (1) to four (4) divisions, as may be required by existing caseload of appealed cases.

Any Division of the NAB may hold sessions or hearings in Metropolitan Manila or any part of the country as it may deem necessary and may call upon and require the presence of any or all parties to a particular case, or any other person to testify for purposes of clarifying and resolving material and relevant matters in the case under review.

The Division through its Chairman shall have the power to administer oaths, summon witnesses, and require the production of documents, records, books, etc. under a subpoena duces tecum.

SECTION 2. Composition. — Each Division of the National Appellate Board (NAB) shall be composed of a NAPOLCOM Commissioner as Chairman, and two (2) senior officials of the Commission as members.

SECTION 3. Jurisdiction. — The National Appellate Board (NAB) shall have exclusive jurisdiction to review on appeal administrative disciplinary decisions of the Chief of the Philippine National Police (PNP) in which the penalty imposed is demotion in rank, forced resignation or dismissal from the service. DIEAHc

SECTION 4. Quorum. — The presence of the Chairman and one (1) member of the Division or two (2) members thereof, shall constitute a quorum.

Any member of the Division who is related to the complainant or respondent either by affinity or consanguinity within the fourth civil degree shall be disqualified from participating in the proceedings.

RULE V

Powers, Duties, Procedure and Finality of Decision of the National Appellate Board (NAB)

SECTION 1. Reglementary Period. — An Appeal shall be perfected by filing with the Office of the Director General, PNP a Notice of Appeal within ten (10) days from receipt of a copy of the decision of the latter. The Director General shall, within five (5) days from receipt of such notice, immediately forward the entire records of the case to the National Appellate Board (NAB) to enable the latter to act on the appeal.

 

SECTION 2. Form and Contents of Appeal. — The appeal shall state the date respondent received a copy of the decision, the grounds of appeal, and the arguments in support thereof.

SECTION 3. Period for Disposition of Appeal. — All cases elevated to the National Appellate Board (NAB) on appeal from the decision of the Chief of the Philippine National Police (PNP) shall be decided within sixty (60) days from receipt of the records of the case from the Office of the Director General.

SECTION 4. Finality of Decision. — The decision rendered by the NAB disposing an appealed case shall be final and executory unless a timely Motion for Reconsideration is filed within ten (10) days from receipt thereof, in which case, it shall become final and executory upon receipt by the Appellant of the Resolution of the NAB denying, modifying or affirming the decision.

SECTION 5. Service of Decision. — Decisions, resolutions and orders promulgated by the NAB shall be referred to the proper PNP authorities for immediate implementation and service to the parties affected.

SECTION 6. Effectivity. — This Memorandum Circular shall take effect upon approval.

Approved, this 9th day of August 1991, at Makati, Metro Manila, Philippines. cAISTC

(NOT PRESENT)

LUIS T. SANTOS

Secretary, Department of the Interior

and Local Government and

Chairman, National Police Commission

(SGD.) DR. TEODULO C. NATIVIDAD

Vice Chairman and Executive Officer

(SGD.) VIRGILIO M. DAVID

Commissioner

(SGD.) EDGAR DULA TORRES

Commissioner

Attested by:

(SGD.) REYNALDO J.D. CUADERNO

Executive Director III

MEMORANDUM CIRCULAR NO. 91-008

 

Pursuant to Section 41 and Section 51 (b) (3) of Republic Act No. 6975, otherwise known as the "Department of the Interior and Local Government of 1990", the following rules and regulations governing summary investigation and adjudication of citizen's complaints filed against members of the Philippine National Police (PNP) with city/municipal mayors, are hereby adopted and promulgated:

RULE I

Purpose and Scope

SECTION 1. Purpose. — To insure uniformity of procedure and observance of administrative due process in the exercise by mayors of their summary disciplinary authority over minor offenses committed by PNP members, the herein rules governing investigation of such cases are hereby adopted.

SECTION 2. Scope. — This Memorandum Circular delineates the jurisdiction, powers, duties and procedure to be observed by city/municipal mayors in the investigation and adjudication of police administrative cases involving minor offenses.

RULE II

Mayors' Disciplinary Powers

SECTION 1. Jurisdiction. — The summary disciplinary authority of city/municipal mayors over PNP members assigned in their respective localities, shall be confined to minor offenses committed by the latter, where the imposable penalties are either withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period from sixteen (16) days to thirty (30) days.

If the offense charged warrants the imposition of a penalty higher than thirty (30) days suspension, the case shall be referred to the proper disciplinary authority vested with jurisdiction over the case.

SECTION 2. Exclusive Jurisdiction. — In cases where both the mayor and the corresponding PNP supervisor have concurrent jurisdiction over the offense, the official who first acquired jurisdiction over the case (by reason of the verified complaint having been filed earlier with his office) shall assume jurisdiction in the investigation and disposition thereof, to the exclusion of the other.

SECTION 3. Nature of Proceedings. — Investigation to be conducted by the mayor in the exercise of his disciplinary authority shall be summary in nature and without strict regard to the technical rules of evidence, but the investigation thereof shall be in accord with the rudiments and requirements of due process, as outline herein. SDHETI

SECTION 4. Procedure. — The city/municipal mayor shall, motu-proprio, or upon written complaint of any person, investigate the PNP member for any minor offense within his disciplinary jurisdiction in accordance with the following procedure:

a. The respondent shall be informed and furnished with a copy of the complaint against him and given the opportunity to answer the same in writing, within forty-eight (48) hours from receipt thereof.

b. In his answer, the respondent shall state whether or not he elects a summary investigation. If not, the city/municipal mayor shall immediately render his decision on the case, which shall be in writing and based on the submitted evidence of the parties.

c. If the respondent asks for a summary investigation, the same shall take place within twenty-four (24) hours after receipt of his answer and he should thereon be allowed the opportunity to present witnesses and other evidences in his behalf and to cross-examine the witnesses against him.

Direct examination of witnesses shall be dispensed with. In lieu thereof, the city/municipal mayor concerned shall require each party and witnesses to submit their testimonies in affidavit form (duly sworn to) subject to the right of cross-examination by the other party.

d. Postponement of investigation shall be discouraged and allowed only in meritorious cases.

e. The investigation shall be completed within seventy-two (72) hours, and the city/municipal mayor shall render his decision in writing within twenty-four hours thereafter, copy furnished the Chief of Police, the PNP Provincial Director.

Decision, as used herein, is the written finding by the mayor that the respondent is guilty or not guilty of the offense charged, and the imposition of the appropriate penalty in case of conviction. It shall contain the charge, name of respondent and his rank, his station or police unit, a brief statement of the material and relevant facts, findings, offense committed and penalty imposed, if found guilty.

SECTION 5. Maintenance of Docket Book. — The mayor shall in the exercise of his disciplinary authority keep a docket for administrative complaints filed with his office. All police complaints shall be properly entered therein together with their corresponding case docket number in the order of their receipt. It shall contain a record of the number and title of the case, rank and name of the respondent, name and address of the complainant, action and disposition of the case and other relevant data relative thereto.

SECTION 6. Service of Decision. — Copies of the decisions, resolutions and orders of the mayor relative to the exercise of his administrative disciplinary power shall be forwarded to the Chief of Police concerned, for immediate implementation or service to the parties affected.

SECTION 7. Finality of Decision. — The decision of the mayor become final and executory after ten (10) days from receipt of a copy thereof by the respondent, if no motion for reconsideration or appeal is filed within said period. In case a motion for reconsideration is filed and the same is denied by the mayor, the decision shall become final upon the expiration of ten (10) days from receipt of the resolution denying the motion for reconsideration, if no appeal is filed within the said period. However, if an appeal was filed within the reglementary period the decision shall become final and executory upon receipt of the resolution/decision of the Regional Appellate Board (RAB) concerned.

Only one motion for reconsideration shall be allowed and considered by the mayor.

SECTION 8. Appeal. — The respondent may elevate the decision of the mayor to the NAPOLCOM Regional Appellate Board (RAB) for review by filing a Notice of Appeal with the former within ten (10) days from receipt of a copy thereof.

The city/municipal mayor shall, within five (5) days from receipt of the Notice of Appeal, transmit the entire records of the case to the Regional Appellate Board concerned, for final resolution.

SECTION 9. Effect of Filing of Appeal. — The timely filing of an appeal to the Regional Appellate Board within the reglementary period shall stay and suspend the execution of the penalty imposed.

SECTION 10. Effectivity. — This Memorandum Circular shall take effect upon approval.

Approved, this 9th day of August 1991, at Makati, Metro Manila, Philippines.

(NOT PRESENT)

LUIS T. SANTOSSecretary, Department of the Interior

(SGD.) DR. TEODULO C. NATIVIDADVice Chairman and Executive Officer

(SGD.) VIRGILIO M. DAVIDCommissioner

(SGD.) EDGAR DULA TORRESCommissioner

Attested by:

(SGD.) REYNALDO J.D. CUADERNOExecutive Director III

MEMORANDUM CIRCULAR NO. 92-006

 

WHEREAS, Republic Act No. 6975, otherwise known as the "Department of the Interior and Local Government Act of 1990" grants to the Chief of the Philippine National Police (PNP) and Regional Directors, including the Directors of the Northern and Southern CAPCOM, Metro Manila, the authority to summarily dismiss any member of the Philippine National Police in any of the cases specified therein; and TSHcIa

WHEREAS, in order to safeguard the right to due process of parties in summary dismissal proceedings under Republic Act No. 6975 and to insure uniformity of procedure therein, it is necessary that appropriate rules and regulations be promulgated to achieve the ends of expeditious justice.

NOW, THEREFORE, in view of the foregoing premises and justifications, the following rules and regulations in the conduct of summary dismissal proceedings against erring PNP members are hereby promulgated:

RULE I

PNP Summary Dismissal Authorities

SECTION 1. Officials Authorized. — The Chief PNP is the summary dismissal authority for all members of the PNP. On the other hand, the PNP Regional Directors, including the Northern and Southern CAPCOM Directors in Metro Manila, are the summary dismissal authorities for PNP personnel within their respective jurisdiction. For presidential appointees, no summary dismissal proceedings may be conducted without prior authority from the President.

 

SECTION 2. Who May Conduct Summary Dismissal Proceedings. — The Chief PNP, PNP Regional Directors and the Directors of the Northern and Southern CAPCOM in Metro Manila are the officials authorized to conduct summary dismissal proceedings. However, this authority may be delegated to their designated representative or any officer or body authorized by them.

RULE II

Summary Dismissal Proceedings

SECTION 1. How Initiated. — Summary dismissal cases may be initiated by the Chief PNP, PNP Regional Directors, Directors of the Northern and Southern CAPCOM in Metro Manila, Provincial/District Directors and Chiefs of Police through an Investigation/Official Report of the case against the PNP member concerned or upon written verified complaint of any person, supported by sworn statements/documents should there be any.

SECTION 2. Notification of Charges or Complaint; Order to Answer. — The respondent PNP member shall be furnished with a copy of the complaint or charges against him to include copies of affidavits and other attachments thereof, should there be any; and he shall answer said complaint within five (5) days from receipt thereof, enclosing therewith pertinent supporting documents or evidences in his behalf, within the next three (3) working days after receipt of respondent's answer, the summary dismissal authority shall conduct the hearing, which shall be terminated within five (5) successive working days from its commencement. Should the respondent, despite due notice, fail to answer the complaint or charges within the prescribed period, the summary dismissal authority shall immediately conduct the investigation ex-parte.

SECTION 3. Causes for Summary Dismissal. — Any of the following can be a cause/reason for summary dismissal of any PNP member;

A. When the charge is serious and the evidence of guilt is strong.

Heinous crimes and those committed by organized/syndicated crime groups as enumerated and defined in Section 4 of Executive Order No. 3 dated 7 July 1992 wherein PNP members are involved shall always be considered serious offenses amounting to Grave Misconduct and, therefore, subject to immediate summary dismissal proceedings. Such offenses include, but are not limited to the following: gunrunning, illegal logging, robbery, kidnapping for ransom, white slave trade, illegal recruitment, carnapping, smuggling, piracy, drug trafficking, falsification of land title and other government forms, large scale swindling, film piracy, counterfeiting, and bank frauds.

An "organized/syndicated crime group" means a group of two or more persons collaborating, confederating or mutually helping one another in the commission of any crime.

A "heinous crime" is a grave felony as defined in the Revised Penal Code, or an offense punishable under special law, committed in a manner that is revolting or shocking to the common sensibilities of man, whether deliberately sought or not, such as those attended by cruelty, ignominy, treachery, and similar circumstances;

B. When the respondent in a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges.

A "recidivist" refers to a member of the PNP who, having been previously penalized by any administrative body for an offense involving the penalty of not less than three (3) months suspension or having been previously sentenced by a court for a crime involving the penalty of arresto mayor or above, has been administratively charged before the PLEB, the PNP Regional Director or the PNP Director General, of another offense and the latter, after conducting an initial investigation, has found the pending charge to be grave and there are reasonable grounds to believe that respondent is probably guilty thereof as to warrant the penalty of dismissal from the service.

"Repeatedly charged" refers to a member of the PNP who is administratively charged five (5) or more times, and the PLEB, the PNP Director General or the PNP Regional Director, as the case may be, after conducting an initial investigation, has found all the charges to be grave and there are reasonable grounds to believe that respondent is probably guilty thereof as to warrant the penalty of dismissal from the service.

C. When the respondent is guilty of conduct unbecoming of a police officer.

"Conduct unbecoming of a police officer" refers to any behavior or motion of a PNP member, irrespective of rank, done in his official capacity, which, in dishonoring or otherwise disgracing himself as a PNP member, seriously compromise his character and standing as a gentleman in such a manner as to indicate his vitiated or corrupt state of moral character; it may also refer to acts or behavior of any PNP member in an unofficial or private capacity which, in dishonoring or disgracing himself personally as a gentleman, seriously compromises his position as a PNP member and exhibits himself as morally unworthy to remain as a member of the organization.

SECTION 4. Hearing How Conducted. — Being summary in nature, direct examination of witnesses shall be dispensed with and the sworn statements of witnesses or their affidavits shall take the place of their oral testimony. Either party shall limit cross-examination to the sworn statements on hand. Cross-examination must be confined only to material and relevant matters. Prolonged arguments and other dilatory proceedings shall not be entertained. Insofar as may be compatible with the ends of justice, cross-examination shall be limited to not more than thirty (30) minutes for each witness. IcHTCS

SECTION 5. Period to Render Decision. — Decision in summary dismissal cases shall be rendered in writing and personally signed by the summary dismissal authority within ten (10) days after the termination of the summary hearing.

SECTION 6. Contents of the Decision. — The decision shall contain the names of the parties, the offense charged, a brief statement of the material facts and the findings of the summary dismissal authority as well as the disposition thereof.

SECTION 7. Service of Decision. — The Decision of the summary dismissal authority shall be served upon the respondent personally by handing a copy thereof to the respondent in person or, if he refuses to receive it, by tendering it to him, or by means of substituted services accomplished by leaving a copy of the decision at the respondent's dwelling house or residence with some person of suitable age and discretion then residing therein, or at respondent's office with the Chief of Police/Office Head or his representative who shall serve said decision upon respondent within five (5) days from receipt thereof. The decision may likewise be served by registered mail.

SECTION 8. Finality of Decision/Resolution. — The decision of the PNP Summary Dismissal Authorities imposing upon respondent a penalty of dismissal from the service shall be immediately executory. However, in the event that the respondent is exonerated on appeal, he shall be considered as having been under suspension during the pendency of the appeal, with entitlement to back salaries and allowances.

On the other hand, the decision of the Summary Dismissal Authorities imposing a penalty of demotion or forced resignation shall become final and executory after ten (10) days from receipt of a copy thereof by the respondent, if no proper Motion for Reconsideration is filed within said period only one (1) such Motion is allowed, which shall be resolved within five (5) days from the filing thereof. HTaSEA

RULE III

Appeals

SECTION 1. Grounds for Appeal. — Should the Motion for Reconsideration be denied, an appeal may be filed by the respondent with the appropriate NAPOLCOM Appellate Board on any of the following grounds.

a. That new and material evidence has been discovered which appellant could not, with reasonable diligence, have discovered and produced at the hearing, and which if presented would probably change the decision;

b. That errors of law or irregularities have been committed during the investigation prejudicial to the substantial rights of the appellant;

c. That the findings of fact of the disciplinary body are not supported by substantial evidence; or

d. That the penalty imposed by the disciplining body is not commensurate to the offense committed.

SECTION 2. Perfection of an Appeal. — An appeal shall be perfected by the respondent-appellant by filing and serving upon the PNP Summary Dismissal Authority a Notice of Appeal within ten (10) days from receipt of the decision/resolution subject of the appeal. Within five (5) working days from receipt of the Notice of Appeal, the PNP Summary Dismissal Authority concerned shall forward the entire original records of the case, to include the transcription of stenographic notes, should there be any, to the NAPOLCOM appellate board concerned.

SECTION 3. Period Within Which to Decide Appealed Cases; Finality of RAB/NAB Decision. — The NAPOLCOM appellate board concerned shall decide the appealed cases within sixty (60) days from receipt of the entire records of the case from the PNP summary dismissal authority. However, failure of the NAPOLCOM Regional Appellate Board (RAB) to act on the appeal within said period renders the decision final and executory without prejudice to the filing of an appeal by the respondent-appellant with the Secretary of the Department of the Interior and Local Government. The decision rendered by the NAPOLCOM National Appellate Board (NAB) disposing an appealed case shall be final and executory unless a timely Motion for Reconsideration is filed within ten (10) days from receipt thereof, in which case, it shall become final and executory upon receipt by the respondent-appellant of the resolution of the aforesaid Board denying, modifying or affirming the decision.

SECTION 4. Service of Decision. — Decisions, resolutions and orders promulgated by the RAB/NAB shall be referred to the proper PNP authorities for implementation and service to the parties affected.

 

RULE IV

Final Provisions

SECTION 1. Repealing Clause. — All rules and regulations and other issuances, or portions thereof, inconsistent with this Memorandum Circular are hereby repealed or modified accordingly.

SECTION 2. Separability Clause. — In the event that any of the provisions of this Circular is declared illegal, the validity of the other provisions shall not be affected by such declaration.

SECTION 3. Effectivity. — This Memorandum Circular shall take effect upon approval.

APPROVED, this 6th day of August 1992, at Makati, Metro Manila, Philippines.

(SGD.) RAFAEL M. ALUNAN IIISecretary, DILG and Chairman, NAPOLCOM

(SGD.) RENE R. CRUZVice-Chairman and Executive Officer

 (SGD.) EDGAR DULA TORRES Commissioner

 (SGD.) GUILLERMO P. ENRIQUEZ, JR. Commissioner

(SGD.) FEDERICO S. COMANDANTECommissioner

Attested by:

(SGD.) REYNALDO J.D. CUADERNODeputy Executive Director IV