Uniform Rules of Procedure Before the Administrative Disciplinary Authorities and the PNP Internal Affairs Service

March 6, 2007

NAPOLCOM MEMORANDUM CIRCULAR NO. 001-07

UNIFORM RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE PHILIPPINE NATIONAL POLICE

Pursuant to Republic Act No. 6975, otherwise known as "The Department of the Interior and Local Government Act of 1990", as amended by Republic Act No. 8551, the following Rules of Procedure are hereby prescribed and promulgated.

RULE 1

Preliminary Provisions

SECTION 1. Title. — These Rules shall be known and cited as the Uniform Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police (PNP).

SECTION 2. Scope and Application. — These Rules shall apply to all administrative cases filed against uniformed members of the PNP before the different administrative disciplinary authorities and the Internal Affairs Service (IAS).

SECTION 3. Construction. — These Rules shall be liberally construed to attain just and expeditious disposition of administrative complaints and cases against PNP members, ensure public accountability and utmost discipline in the police service.

SECTION 4. Nature of Proceedings. — The investigation and hearing before the administrative disciplinary authorities and the IAS shall be summary in nature and shall not strictly adhere to the technical rules of procedure and evidence applicable in judicial proceedings. The provisions of the Civil Service Law, Rules and Regulations as well as the Revised Rules of Court shall be suppletorily applicable.

PART I

Administrative Disciplinary Authorities, Internal Affairs Service, Appellate Bodies And Their Respective Jurisdiction

RULE 2

General Provisions

SECTION 1. Definition of Terms. — As used in these Rules, the following terms shall be understood to mean as follows:

a) Answer — a pleading in which a respondent or other adverse party sets forth the negative and affirmative defenses upon which he relies;

b) Appellate Bodies — shall refer to the Regional Appellate Board (RAB) and National Appellate Board (NAB) of the Commission; and Secretary of the Interior and Local Government (SILG);

c) Breach of Internal Discipline — any offense committed by a member of the PNP involving minor offense affecting the order and discipline within the police organization;

d) Citizen's Complaint — a formal charge initiated by a natural or juridical person or his/its duly authorized representative or guardian on account of an injury, damage or disturbance sustained as a result of an irregular or illegal act or omission of a PNP member;

e) Commission — shall refer to the National Police Commission as constituted pursuant to Republic Act No. 6975 as amended;

f) Complaint — a written and sworn statement regarding a wrong, grievance or injury sustained by a person;

g) Complainant — one who has initiates a complaint against a uniformed member of the PNP, either as complaining witness or as a concerned government agency or office;

h) Conduct Unbecoming of a Police Officer — any act or behavior of a police officer, irrespective of rank, done in his official or private capacity which, in dishonoring or disgracing himself as a police officer, seriously compromising his character and standing in the PNP in such a manner as to indicate vitiated or corrupt state of moral character which shows unworthiness to remain in the police service;

i) Decision — the written disposition of the disciplinary authority or appellate body stating clearly the facts and the law upon which it is based;

j) Disciplinary Authorities — shall refer to the city or municipal mayors; chiefs of police or equivalent supervisors; provincial directors or equivalent supervisors; regional directors or equivalent supervisors; People's Law Enforcement Board (PLEB); Chief of the PNP; National Police Commission En Banc (NAPOLCOM); cHCIEA

k) Equivalent Supervisors — PNP Officers occupying positions/ designations equivalent to that of Chief of Police, Provincial Director and Regional Director who are vested with disciplinary authority over personnel of their respective offices, charged with minor offenses involving breach of internal discipline as provided under Section 41 (d) of R.A. 6975, as amended.

For purposes of these Rules, the following are considered supervisors equivalent to the Chief of Police, Provincial Director and Regional Director, respectively:

1. The supervisor equivalent to the Chief of Police shall include:

a. Group Director, Provincial Mobile Group.

2. The supervisors equivalent to the Provincial Police Director shall include the following:

a. Group Director, Regional Mobile Group;

b. Chief of the Regional Unit of Administrative and Operational National Support Units;

3. The supervisors equivalent to the Regional Police Director shall include the following:

a. Director, PNP Administrative National Support Unit;

b. Director, PNP Operational National Support Unit;

c. Director, Police District Office, National Capital Region Police Office

In case the head of the various levels of command is an officer-in-charge, he may conduct investigation and submit his recommendation to the next higher disciplinary authority.

l) Finality of Decision — there is finality of decision when upon the lapse of ten (10) days from receipt, or notice of such decision, no motion for reconsideration or appeal has been filed in accordance with these Rules;

m) Formal Charge — a complaint initiated before any of the disciplinary authorities or IAS after finding the existence of probable cause;

n) Forum Shopping — the filing of several complaints arising from one and the same cause of action involving the same parties asking for the same relief with the different administrative disciplinary authorities, Internal Affairs Service and the Office of the Ombudsman;

o) Jurisdiction — the authority vested by law to hear and decide a case;

p) Minor offense — any act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include but not limited to simple misconduct; negligence; insubordination; frequent absences and tardiness; habitual drunkenness; and gambling prohibited by law;

q) Moral Turpitude — includes everything which is done contrary to justice, honesty, modesty, or good morals;

r) Newly Discovered Evidence — that evidence which could not have been discovered and produced during the hearing of the case despite due diligence, and if presented, would probably alter the decision;

s) Pending Case — refers to a case when the respondent had been formally charged before any of the disciplinary authorities or IAS; or an appeal is pending with any of the appellate bodies;

t) Recidivist — a person who has been previously penalized for a grave offense and is again charged of another or the same grave offense;

u) Reglementary Period — the period required by law or these Rules to perform a specific act. In the computation of a period of time, the first day shall be excluded and the last day shall be included unless it falls on a Saturday, Sunday or a legal holiday, in which case the last day shall fall on the next working day;

v) Repeatedly Charged — when a police officer was formally charged administratively for at least three (3) times and was found culpable in any one of them and meted a penalty not lower than sixty (60) days suspension;

w) Serious charge — refers to a complaint involving an offense where the maximum imposable penalty is dismissal from the service;

x) Subpoena Ad Testificandum — a process directed to a person requiring him to appear and testify in an investigation or hearing;

y) Subpoena Duces Tecum — a process directing a person to appear and bring with him books, documents or things under his control in an investigation or hearing;

z) Substantial Evidence — such relevant evidence as a reasonable mind might accept as adequate to support a conclusion;

aa) Summary Hearing Officer — an officer designated by the disciplinary authority or IAS to conduct the formal hearing, and to submit a report of investigation;

bb) Summary Proceeding — an expeditious administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent; and

cc) Summons — is a written notice informing the respondent that he is charged with an offense and directing him to file his Answer.

SECTION 2. Principle of Exclusivity. — When a complaint or charge is filed against a PNP member, it shall be heard and decided exclusively by the disciplinary authority which first acquired original jurisdiction over the case: Provided, that offenses which carry a higher or lower imposable penalty shall be referred to the appropriate disciplinary authority: Provided further, that any disciplinary authority or the IAS who shall take cognizance of any complaint beyond his jurisdiction and renders a decision thereon, the same shall be void and shall not be a bar to the filing of a complaint against the PNP member before the proper disciplinary authority. Any disciplinary authority or IAS Officer who violates this provision shall be proceeded against administratively for serious irregularity in the performance of duty.

SECTION 3. Prohibition against Forum Shopping or Multiple Filing of Complaints. — To avoid multiplicity of cases for the same cause of action, the complainant shall certify under oath in his pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the following facts and undertaking:

a) That the complainant has not filed or commenced any complaint involving the same cause of action in any other disciplinary authority, IAS or Office of the Ombudsman;

b) That to the best of the complainant's knowledge, no such complaint is pending before any other disciplinary authority, IAS or Office of the Ombudsman;

c) That if there is any such complaint which is either pending or may have been terminated, the complainant must state the status thereof; and 

d) That if the complainant should thereafter learn that a similar action or proceeding has been filed or is pending before any other police disciplinary authority, IAS or Office of the Ombudsman, the complainant must report such fact within five (5) days from knowledge.

SECTION 4. Effect of Forum Shopping. — Violation of the prohibition against forum shopping shall be a ground for the immediate dismissal of the case motu proprio or upon motion of the respondent.

SECTION 5. Application of the Principle of Res Judicata/Bar by Prior Judgment. — For a prior judgment in an administrative case to constitute a bar to a subsequent administrative action, the following requisites must concur:

a) It must be a final judgment or order;

b) The disciplinary authority rendering the same must have jurisdiction over the subject matter and over the parties;

c) It must be a judgment on the merits; and

d) There must be between the two (2) cases, identity of parties, subject matter and cause/s of action. aCATSI

SECTION 6. When respondent is a Presidential Appointee. — After a formal charge is filed, a respondent who is a presidential appointee can only be subjected to summary hearing after a clearance for such purpose is obtained from the Office of the President. The report of investigation together with the complete original records of the case shall be submitted to the Office of the President through the Commission.

A. ORIGINAL JURISDICTION

RULE 3

Citizen's Complaint

SECTION 1. Where may be filed. — A citizen's complaint against any member of the municipal police station or city police office/station may be filed before the following disciplinary authorities:

a) Chiefs of Police or Directors of City Police Offices, 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 not exceeding fifteen (15) days;

b) Mayors of Cities and Municipalities, 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 of not less than sixteen (16) days but not exceeding thirty (30) days;

c) People's Law Enforcement Board (PLEB) — 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; demotion or by dismissal from the service;

d) All other citizen's complaints against PNP members, who are not assigned in the municipal station or city police office/station, or in areas where no PLEB is organized, shall be filed with the provincial or regional Internal Affairs Service: where the offense was committed; Provided, that the jurisdiction of the summary dismissal authorities shall not be affected.

RULE 4

Breach Of Internal Discipline

SECTION 1. Where shall be filed. — A complaint for breach of internal discipline shall be brought before the following disciplinary authorities:

a) Chiefs of Police or Equivalent Supervisors — where the imposable penalty is admonition; reprimand; 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 fifteen (15) days;

b) Provincial Directors or Equivalent Supervisors — where imposable penalty is admonition or reprimand; restrictive custody; 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) Regional Directors or Equivalent Supervisors — have jurisdiction over offenses punishable by dismissal from the service and those where the imposable penalties are admonition or reprimand; restrictive custody; withholding of privileges; suspension or forfeiture of salary; demotion; or any combination of the foregoing: Provided, that in all cases, the total period shall not exceed sixty (60) days; and

d) Chief of the PNP — has jurisdiction over offenses punishable by dismissal from the service; demotion; suspension or forfeiture of salary, or any combination thereof for a period not exceeding one hundred eighty (180) days. The Chief of the PNP has the authority to place police personnel under restrictive custody during the pendency of a grave administrative or criminal case against him.

RULE 5

Summary Dismissal Powers Of The Napolcom, Chief PNP And The PNP Regional Directors

SECTION 1. Summary Dismissal Case. — Summary dismissal case is one where the maximum penalty imposable is dismissal from the service and the offense falls under any of the following cases:

a) Where the charge is serious and 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 charge;

c) When the respondent is guilty of a serious offense involving conduct unbecoming of a police officer; and

d) When any member or officer has been absent without official leave for a continuous period of thirty (30) calendar days or more; Provided, that where dropping from the rolls is resorted to as a mode of separation from the service, the police officer can no longer be charged for Serious Neglect of Duty arising from absence without leave (AWOL) and vice versa.

SECTION 2. Where filed. — The complaint may be filed before the following disciplinary authorities:

a) PNP Regional Directors or Directors of the National Support Units;

b) Chief of the PNP; and

c) The National Police Commission En Banc.

RULE 6

Internal Affairs Service

SECTION 1. Organization. — The Inspector General shall establish the national, regional and provincial offices of Internal Affairs Service (IAS) in order to effectively and efficiently carry out its mandated functions.

SECTION 2. Powers and Functions. — IAS shall perform the following powers and functions:

a) pro-actively conduct inspection and audits on PNP personnel and units;

b) investigate complaints and gather evidence in support of an open investigation;

c) conduct summary hearings on PNP members facing administrative charges;

d) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel and units to the Chief, PNP and the Commission;

e) file appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case; and

f) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.

SECTION 3. Jurisdiction. — The IAS shall conduct motu proprio investigation on the following cases:

a) incidents where a police personnel discharges a firearm;

b) incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of police operation;

c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;

d) incidents where a suspect in the custody of the police was seriously injured;

e) incidents where the established rules of engagement have been violated.

SECTION 4. Inclusion of Supervisor and Superiors in IAS Investigations. — The immediate superior or supervisor of the personnel or units being investigated under Section 3 hereof shall be automatically included in the investigation of the IAS to exclusively determine lapses in administration or supervision.

SECTION 5. Disciplinary Recommendations of the IAS. — (a) Any uniformed PNP personnel found guilty of any of the cases mentioned in Section 3 and any immediate superior or supervisor found negligent under Section 4 of Rule 6 of these Rules shall be recommended automatically for dismissal or demotion, as the case may be. SCHTac

(b) Recommendations by the IAS for the imposition of disciplinary measures against erring PNP personnel, once final, cannot be revised, set-aside, or unduly delayed by any disciplining authority without just cause. Any PNP disciplining authority who fails to act or who acts with abuse of discretion on the recommendation of the IAS shall be made liable for gross neglect of duty. The case of erring disciplinary authority shall be submitted to the Director General for proper disposition.

SECTION 6. Appeals from IAS Resolution Dismissing an Administrative Complaint. — Resolutions of the Prosecution Division of the National IAS Office or Regional IAS dismissing the administrative complaint for lack of probable cause may be appealed to the Inspector General. Decisions of the Inspector General affirming the Resolutions of the Regional IAS may be appealed to the NAB.

B. APPELLATE JURISDICTION

RULE 7

Regional Appellate Board

SECTION 1. Composition. — (a) The Regional Appellate Board (RAB) shall be composed of a senior officer of the NAPOLCOM regional office as chairperson and one (1) representative each from the PNP, and the Regional Peace and Order Council (RPOC) as members.

(b) The RPOC representative shall be designated by way of a resolution of the Council; and the PNP representative shall be designated by the PNP Regional Director. The designations shall be confirmed by the Vice-Chairperson and Executive Officer of the Commission.

(c) The term of office of the members representing the PNP and RPOC shall be three (3) years from the date of confirmation of their designation unless sooner revoked by their respective organization. Such members shall hold office until their successors shall have been chosen and qualified. The NAPOLCOM Regional Director may recommend for the revocation of the designation of the members to the RPOC or PNP Regional Director, as the case may be, by reason of sickness, non-performance or inability to perform their duty; and request for their replacements.

SECTION 2. Quorum. — The presence of the chairperson and any one of its members constitutes a quorum. If the chairperson or any member is related to the complaining witness or respondent within fourth civil degree by affinity or consanguinity, he/she shall be disqualified from participating in the deliberation of the appeal. In case of disqualification of the chairperson, a RAB chairperson from another NAPOLCOM regional office or another senior official of the Commission shall be designated by the Vice-Chairperson and Executive Officer to sit as chairperson of the Board in the disposition of that particular case.

SECTION 3. What are appealable. — The following are appealable to the Regional Appellate Board:

a) Decisions of the PLEB where the penalty imposed is demotion or dismissal from the service;

b) Decisions of the PNP Regional Director or equivalent supervisor, where the penalty imposed is demotion or dismissal from the service;

c) Decisions of city and municipal mayors in cases falling within their respective jurisdictions; and

d) Disciplinary recommendations of the Regional IAS which were not acted upon by the PNP Regional Director or equivalent supervisor within thirty (30) days from submission by the Regional IAS, where the recommended penalty is demotion or dismissal from the service.

SECTION 4. Raffle of Appealed Cases. — In regions where there are two (2) or more RAB divisions, a raffle shall be conducted whenever there is/are newly docketed case/s.

RULE 8

National Appellate Board

SECTION 1. Composition. — The National Appellate Board shall be composed of the four (4) regular commissioners and shall be chaired by the Vice-Chairperson and Executive Officer.

SECTION 2. What are appealable. — The following are appealable to the National Appellate Board:

a) Decisions of the Chief of the PNP where the penalty imposed is demotion or dismissal from the service;

b) Disciplinary recommendations of the Inspector General, IAS that were not acted upon by the Chief, PNP within thirty (30) days from submission by the Inspector General, IAS, where the recommended penalty is demotion or dismissal; and

c) Decisions of the Inspector General affirming the Resolution of the regional IAS dismissing the complaint for lack of probable cause.

RULE 9

Appellate Jurisdiction Of The Secretary Of The Interior And Local Government

SECTION 1. Jurisdiction of the Secretary. — Decisions of the National Appellate Board (NAB) and the Regional Appellate Board (RAB) may be appealed to the Secretary of the Department of the Interior and Local Government (DILG) in accordance with the provisions of Sec. 6, Rule 20 hereof.

RULE 10

Appellate Jurisdiction Of The Civil Service Commission

SECTION 1. Appellate Jurisdiction of the Civil Service Commission. — Decisions of the Secretary of the Department of the Interior and Local Government (DILG) in the exercise of his appellate jurisdiction and decisions of the NAPOLCOM en banc as summary dismissal authority may be appealed before the Civil Service Commission in accordance with its Rules.

C. SPECIAL PROVISIONS

RULE 11

People's Law Enforcement Board (PLEB) Creation; Function, Composition, Term Of Office And Quorum

SECTION 1. Creation. — The Sangguniang Panlungsod/bayan in every city and municipality shall create 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 five hundred (500) city or municipal police personnel and for each of the legislative districts in a city.

SECTION 2. Functions, Powers and Duties. — The PLEB has the power hear and decide citizen's complaints within its jurisdiction filed against any member of the municipal police station or city police station/office.

SECTION 3. Composition. — The PLEB shall be composed of the following:

a) A member of the Sangguniang Panlungsod/bayan chosen by his/her respective sanggunian;

b) A punong-barangay of the city or municipality concerned chosen by the Liga ng mga Barangay; and

c) Three (3) other members, who can be removed only for cause, chosen by the city/municipal 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 woman and another, a member of the Bar, or in the absence thereof, a college graduate, or, the principal of the central elementary school in the locality.

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

Except as provided in this Section or as may be provided by law, a public official or employee is disqualified for appointment or designation as member of the PLEB.

Applying the provisions of Article 152, Chapter IV, Title III, Book II of the Revised Penal Code, the members of the PLEB are considered persons in authority.

SECTION 4. Resolution and Executive Order Constituting the PLEB. — The Sangguniang Panlungsod/bayan shall pass a resolution formally organizing the members of the PLEB, a copy thereof shall immediately be submitted to the City/Municipal Mayor who shall, within five (5) days from receipt of the same, issue the appropriate executive order adopting the resolution of the sanggunian concerned. A copy of said Executive Order shall be furnished the NAPOLCOM Regional Office within ten (10) days from issuance. IcHTCS

SECTION 5. Term of Office. — The term of office of the members of the PLEB shall be for a period of three (3) years from assumption of office unless sooner removed for cause or some other valid grounds. Such member shall hold office until his/her successor shall have been chosen and qualified.

The tenure of office of a PLEB member who has been designated as such by virtue of his election to the Sangguniang panlungsod/bayan or his membership with the Association of Barangay Captains ends upon the expiration of his term of office as Sangguniang panlungsod/bayan member or as Barangay Chairman. If reelected, and subsequently re-designated to the PLEB, he must take a new oath of office.

SECTION 6. Budget Allocation. — The annual budget of the city or municipality shall include an item and the corresponding appropriation for the maintenance and operation of their local PLEB(s).

SECTION 7. Quorum. — The presence of three (3) members of the PLEB shall constitute a quorum: Provided, however, That a unanimous vote of at least three (3) members shall be required in rendering a decision.

If for any reason, the chairperson is absent or is disqualified from participating in the hearing, the members, there being a quorum, shall elect from among themselves a temporary chairperson to perform the duties of a chairperson.

When a PLEB member, after sufficient notice, fails or refuses to attend the hearings and/or deliberations of the Board without any valid and justifiable reason and it could not proceed for lack of quorum, the Chairperson or the designated presiding officer may request the Sangguniang Panlungsod/bayan or the Liga ng mga Barangay or the City/Municipal Peace and Order Council, as the case may be, to designate a temporary representative to enable the body to constitute a quorum: Provided, that such temporary representative shall act as such only for the specific case.

SECTION 8. Disqualification by Reason of Affinity or Consanguinity. — The Chairperson or 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 a quorum. In the event that the PLEB could not proceed with the hearing for lack of quorum, the Peace and Order Council, the Sangguniang Panlungsod/bayan, or the Liga ng mga Barangay of the city/municipality concerned shall appoint a temporary member for that specific case only.

PART II

Common Provisions

RULE 12

Venue

SECTION 1. Venue. — The administrative complaints or cases against any PNP member shall be filed before the disciplinary authority or IAS having territorial jurisdiction where the offense was committed, except citizen's complaints falling under Rule 3, Section 1(d).

For this purpose, when an administrative offense falling within the jurisdiction of the Commission was allegedly committed within Metro Manila, the complaint may be filed before the Central Office through its Inspection, Monitoring and Investigation Service (IMIS) or its National Capital Region Office. In other cases, the same shall be filed with the Regional Office having territorial jurisdiction where the offense was committed.

The preliminary evaluation, the designation of the summary hearing officer and the conduct of summary hearing, if warranted, shall be undertaken by the Regional Office, and thereafter the required Report of Investigation, together with the original records of the case, shall be forwarded to the Commission en banc through the Legal Affairs Service.

SECTION 2. Transfer of Venue. — The NAPOLCOM En Banc, the Chief, PNP or the Inspector General may upon motion of either party, order a change of venue for administrative cases pending before their respective offices on the following grounds:

a.) When any of the parties is exerting efforts to harass, intimidate, coerce or unduly influence the other party, his witnesses or immediate members of the family to withdraw the complaint or retract their statements;

b.) When there is an imminent and direct threat to the life and limb of any of the parties so as to frustrate the successful investigation of the administrative case;

c.) When any of the parties is harmed the cause of which or the motive is closely related to the pending case; or

d.) To better serve the ends of justice.

RULE 13

Commencement Of Complaint

SECTION 1. How initiated. — a) An administrative complaint may be initiated by filing a written and sworn statement before any disciplinary authority or the IAS, accompanied by affidavits of witnesses, if any, and other evidence in support thereof.

The complaint shall be accompanied by a certificate of non-forum shopping duly subscribed and sworn to by the complainant. If the complaint is not accompanied by a certificate of non-forum shopping, the complainant shall be required to submit the same within five (5) days from notice; otherwise the complaint shall be dismissed.

b) However; if the complaint is verbally made with the PNP, IAS, or NAPOLCOM, the concerned agency shall assist the complainant in preparing his complaint-affidavit and other documents in support thereof.

c) In case of a letter-complaint, which is neither under oath nor based on official reports, the evaluator shall require the complainant and witnesses to affirm their signatures and to execute affidavits to substantiate the complaint.

Such complaint shall likewise be accompanied by a certificate of non-forum shopping.

d) An anonymous complaint may be the basis of a formal complaint provided that the material allegations contained therein may be validated.

SECTION 2. Contents of a Complaint. — The complaint shall contain the following:

a) Full name and address of the complainant;

b) Full name, rank and station or assignment of the respondent/s; and

c) A narration of the material facts which show the act or omission constituting the offense allegedly committed, the place, date and time of commission of the offense.

SECTION 3. Evaluation. — Upon receipt of the complaint, the disciplinary authority concerned shall designate the officer who shall conduct the evaluation of the same to determine whether it shall be:

a) closed or dropped outright for lack of probable cause;

b) referred to the appropriate disciplinary authority;

c) treated as a grievance/request for assistance which may be referred to the concerned office or government agency; or

d) recommended for summary hearing.

Any recommendation by the evaluator closing or dropping an administrative complaint for lack of probable cause shall, in all cases, be approved by the concerned disciplinary authority or IAS.

If after pre-charge evaluation probable cause is found to exist which warrants the conduct of summary hearing, the recommendation of the evaluator for the conduct of the same shall be approved by the disciplinary authority or IAS. When the authority to conduct pre-charge evaluation is delegated by the disciplinary authority to any of its Office, the approval of the said recommendation shall be made by the Head thereof.

RULE 14

Pre-Charge Evaluation

SECTION 1. Pre-charge Evaluation. — Pre-charge evaluation is a process to determine the existence of probable cause based on the allegations on the complaint and supporting evidence.

SECTION 2. Action on the Complaint. — All complaints for pre-charge evaluation shall be stamped on its face with the date and time of its receipt and an assigned reference number, and shall be recorded in a docket book exclusively maintained for that purpose. DHIaTS

Within three (3) days from receipt of the complaint or the referral from other disciplinary authority or investigative agencies, the assigned officer shall evaluate the same and submit his recommendation to the concerned disciplinary authority for proper disposition.

RULE 15

Filing And Assignment Of Cases For Formal Hearing

SECTION 1. When Deemed Filed. — Upon receipt of the approved pre-charge evaluation report that the respondent should be administratively charged together with the complete records of the complaint, the office tasked by the disciplinary authority to maintain the records of administrative cases, shall enter the case into its official docket by stamping on the face of the report or complaint the time and date of receipt and assign a case number to it.

A docket book shall be maintained by the said office and shall contain, among others, the following data of the case: date and time of receipt from the evaluator, the case number, the name of the parties, the offense charged, the hearing officer to whom the case was assigned; the date decision was rendered; the implementing orders; proof of service of decision; date appeal was filed; date the decision became final and certificate of finality was issued; and other relevant and material data.

The case shall be deemed formally filed and pending upon receipt and entry of the same in the official docket of the disciplinary authority or IAS. The office tasked to maintain the docket of administrative cases shall inform the PNP Directorate for Investigation and Detective Management (DIDM) of the pending cases, as well as the PNP unit where the respondent is assigned.

SECTION 2. Assignment of Hearing Officers. — Except in cases filed before the PLEBs, the disciplinary authority or the IAS shall within five (5) days from receipt and docketing of the complaint, assign and transmit the same to a hearing officer.

RULE 16

Preventive Suspension

SECTION 1. Preventive Suspension of the Respondent by the Disciplinary Authority and IAS. — The concerned disciplinary authority or IAS, upon motion of the complainant may, at any time after a case is formally is filed but before the presentation of complainant's evidence is terminated, place the respondent/s on preventive suspension for a period not exceeding ninety (90) days under any of the following circumstances:

a) That the charge is serious or grave and the evidence of guilt is strong; or

b) There is evidence to show that the respondent is exerting efforts to harass, intimidate, coerce, or unduly influence the complainant or his/her witnesses into withdrawing his complaint or retracting his sworn statement or that of his witnesses against the respondent or to tamper with the evidence.

SECTION 2. Request for Preventive Suspension by the PLEB. — In the following cases the superior officer shall not deny a request for preventive suspension:

a) When the respondent refuses to heed the PLEB's summons or subpoena;

b) When the PNP personnel have been charged with offenses involving bodily harm or grave threats;

c) When the respondent is in a position to tamper with the evidence; and

d) When the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds shall be held administratively liable for serious neglect of duty.

SECTION 3. Entitlement to Reinstatement and Salary. — A member of the PNP who may have been suspended from office in accordance with R.A. No. 6975 as amended, or who shall have been separated from office, shall upon exoneration from the charges against him, be entitled to reinstatement and to prompt payment of salary, allowances and other benefits withheld from him by reason of such suspension or separation.

RULE 17

Formal Hearing And Disposition Of Cases

SECTION 1. Summons. — Within three (3) days upon receipt of the complaint by the Hearing Officer, he shall issue the summons to be served upon the respondent, directing him to submit his answer within five (5) days from receipt thereof, together with whatever documentary evidence the respondent may have in support of his defense.

SECTION 2. Answer. — The answer shall be in writing, under oath and must contain material facts, which may either be a specific denial or affirmation of the allegations in the complaint. It shall be accompanied by documentary or other evidence, if there be any, in support of the defense, copy furnished the complainant. It shall also contain a list of witnesses and their individual addresses, whenever appropriate.

The answer shall be filed in three (3) copies either personally or by registered mail, with proof of appropriate service to the complainant. If the answer is sent by registered mail, it is deemed filed on the date and hour of receipt stamped by the post office on the envelope. Said envelope shall be kept and made an integral part of the answer and records of the case.

No motion to dismiss, motion for bill of particulars or any other motion shall be allowed, and the filing of the same shall not interrupt the running of the reglementary period for filing an answer.

SECTION 3. Effect of Failure/Refusal to File Answer. — Failure of the respondent to file an answer within the reglementary period shall be considered as a general denial of the charges.

SECTION 4. Effect of Admission by Respondent. — When the respondent in his answer admits his culpability to the charge, the hearing shall, nonetheless, proceed in order to determine the degree of his responsibility, and the appropriate penalty to be imposed.

SECTION 5. Pre-Hearing Conference. — Within ten (10) days from receipt of the answer, the disciplinary authority or IAS shall conduct the pre-hearing conference for the purpose of: a) defining and simplifying the issues of the case; b) entering into admissions and/or stipulation of facts; c) limiting the number of witnesses to be presented; d) scheduling the dates of hearing; e) marking of exhibits; and f) threshing out other matters relevant to the case. Witnesses not included in the pre-hearing stipulations shall in no case be allowed to testify.

The parties may agree that summary hearing be dispensed with, instead, memorandum or position papers be submitted.

The conference shall be completed within two (2) days and the proceedings shall be duly recorded and attested by the parties and/or counsels.

Whether the parties are represented by counsel or not, they shall be made to sign the certificate of readiness to appear at the scheduled hearings. In the said certification, the date of hearing agreed upon by the parties shall be strictly followed to avoid unnecessary delay in the proceedings.

SECTION 6. Hearing Proper. — Within five (5) days from the pre-hearing conference, the summary hearing of the case shall proceed.

SECTION 7. Order of Summary Hearing. — The order of the summary hearing shall be as follows:

a.) The complainant shall adduce evidence with proper identification and marking thereof of his exhibits;

b.) The respondent shall then present evidence in support of his defense with proper identification and marking thereof of his exhibits;

c.) The proceedings being summary in nature, direct examination of witnesses shall be dispensed with and the sworn statements/affidavits of witnesses, after proper identification and affirmation on the truth of the contents thereof, shall take the place of their oral testimony, except for witnesses who appeared pursuant to a subpoena;

d.) Clarificatory questions may be allowed, if requested by either party, but shall be confined strictly to material and relevant matters and, insofar, as may be compatible with the ends of justice.

SECTION 8. Submission of Position Papers. — The hearing officer may require the parties to submit their respective position papers within ten (10) days from the date the summary hearing is terminated. CETDHA

SECTION 9. Right to Counsel. — Parties have the right to avail of counsel. If the parties at the start of the proceedings appear without counsel, they shall be informed of the right to avail of one if they so desire. However, the hearings shall proceed as scheduled even in the absence of counsel.

If a party is not represented by counsel, the hearing officer shall mark the exhibits presented during the preliminary conference and may propound clarificatory questions, if necessary.

SECTION 10. Postponement. — Postponement of hearing should be discouraged and shall be allowed only in meritorious cases, such as illness of a party or his/her counsel and/or other similar unavoidable causes. A request for postponement on the ground of illness shall be supported by a duly sworn medical certificate.

Regardless of the ground invoked, not more than two (2) postponements shall be granted for either of the parties. Thereafter, the hearing shall proceed as scheduled.

SECTION 11. Prohibition of Reassignment of Respondent During the Pendency of an Administrative Case. — A respondent PNP member shall not be reassigned or transferred to another city/municipal police station or unit during the pendency of the case, unless the concerned disciplinary authority or IAS certifies that the presence of the respondent is no longer necessary. Any superior who violates this provision shall be administratively liable for irregularity in the performance of duty.

SECTION 12. Effect of Failure to Prosecute. — The failure to prosecute the case during the hearing, despite due notice, shall be a sufficient ground to drop the complaint where the culpability of the respondent could not be established or proven without the testimony of the complaining witnesses. However, before dropping the complaint, the disciplinary authority or designated hearing officer shall exert best efforts to locate the complainant and his witnesses and to inquire into the reason(s) for their failure to prosecute the case.

In cases where the culpability of the respondent can be established by evidence other than the testimony of the complainant, non-appearance of the latter shall not be a ground to terminate the proceedings. The disciplinary authority or hearing officer shall endeavor to continue with the hearing and secure the attendance of other vital witnesses, upon proper motion by the prosecution.

SECTION 13. Effect of Failure or Refusal of Respondent to Appear. — If the respondent, despite due notice, fails or refuses to appear without justifiable reason during the scheduled hearings, he is deemed to have waived his right to be present and to submit evidence.

The respondent shall however, be afforded every opportunity to adduce his evidence during the pendency of the case.

SECTION 14. Effect of Compulsory Retirement. — The compulsory retirement of the respondent shall not affect the pendency of his administrative case and the award of retirement benefits due him shall be subject to its final disposition.

In the event that the respondent who has retired is found guilty and the penalty of suspension is imposed, the corresponding amount relative to the period of suspension shall be deducted from that portion of his retirement benefits that are allowed by law.

SECTION 15. Effect of Death. — Death of the respondent during the pendency of the case shall terminate the administrative proceedings and has the effect of exoneration.

Upon presentation of a certified true copy of the death certificate, a resolution dismissing the case shall be issued by the concerned disciplinary authority, appellate body or IAS, where the case is pending.

SECTION 16. Stenographic Records of Proceedings. — The entire proceedings during the conduct of the summary hearing shall be taken in shorthand or stenotype, if there is a stenographer.

The stenographer shall immediately transcribe the transcript of stenographic notes taken, but in no case beyond fifteen (15) days from the date of the hearing: Provided however, that if the case is deemed submitted for report of investigation/resolution/decision, he shall transcribe all the stenographic notes within ten (10) days.

A transcript of the records made and certified to as correct by the official stenographer or steno typist shall be a prima facie correct statement of the proceedings.

SECTION 17. Where Services of Stenographer Not Available. — In areas and cases, where the services of a stenographer are not available to the disciplinary authority or IAS, a substantial account of the proceedings duly certified to as correct by the disciplinary authority or hearing officer shall suffice.

SECTION 18. Submission of Report of Investigation. — The hearing officer of the disciplinary authority and IAS, whenever applicable, shall have thirty (30) days to submit the report of investigation accompanied by the complete original records from the date the case is submitted for resolution. The report of investigation shall contain the findings of facts and the corresponding recommendation.

In cases filed before the IAS, the provincial director, regional director and the Inspector General shall resolve and forward the recommendation to the disciplinary authority, within thirty (30) days from receipt of the report of investigation from the hearing officers.

SECTION 19. Period to Render Decision. — The disciplinary authority shall decide the case within thirty (30) days from receipt of the Report of Investigation, or IAS resolution: Provided, that, failure of the disciplinary authority to decide on the IAS recommendation within the above-prescribed period shall render the same final and the disciplinary authority is mandated to implement the Decision.

SECTION 20. Contents of Decision. — The decision shall contain the full name of the parties, rank and assignment of the respondent, the offense charged, a brief statement of the material and relevant facts, the findings as established during the hearing, the conclusion, the applicable laws, rules and regulations, jurisprudence, and the disposition thereof.

SECTION 21. Respondent Found Liable for an Offense Separate and Distinct from which he was Charged. — A respondent may be found culpable of an offense separate and distinct from that for which he was charged: Provided, that the acts constituting the offense of which he was found guilty were alleged in the complaint; and the respondent has been given the opportunity to answer.

SECTION 22. Finality of Decision. — The disciplinary action imposed upon a member of the PNP shall be final and executory: Provided, That a disciplinary action imposed by the regional director or by the PLEB involving demotion or dismissal from the service may be appealed to the regional appellate board within ten (10) days from receipt of the copy of the notice of decision: Provided, further, that the disciplinary action imposed by the Chief of the PNP involving demotion or dismissal may be appealed to the National Appellate Board within ten (10) days from receipt thereof: Provided, furthermore, that the Regional or National Appellate Board, as the case may be, shall decide the appeal within sixty (60) days from receipt of the notice of appeal: Provided, finally, that the decisions of the National Appellate Board and Regional Appellate Board may be appealed to the Secretary of the Interior and Local Government.

SECTION 23. Motion for Reconsideration. — The party adversely affected may file a motion for reconsideration from the decision rendered by the disciplinary authority within ten (10) days from receipt of a copy of the decision on the following grounds:

a) Newly discovered evidence which, if presented, would materially affect the decision rendered; or

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

The filing of a motion for reconsideration shall stay the execution of the disciplinary action decision sought to be reconsidered. Only one (1) motion for reconsideration shall be allowed and the same shall be considered and decided by the disciplinary authority within fifteen (15) days from receipt thereof.

SECTION 24. Certificate of Finality. — The disciplinary authority or appellate body shall issue a certificate of finality of the decision or resolution finally disposing of the case when no motion for reconsideration or appeal is filed within the prescribed period.

RULE 18

Service Of Notices And Summons

SECTION 1. To whom and by whom served. — All notices and summons to the respondent shall be served by handing the same to the respondent in person, or, if he refuses to receive and sign for it, by tendering it to him. The process server of the disciplinary authority or IAS shall effect said service. ETDAaC

SECTION 2. How served. — All notices and summons to the respondent shall be personally delivered to him at his official station or residence. If for any reason, the respondent cannot be located thereat, the notices and summons shall be served at his last known address as appearing in his personal file with the Administrative Office.

However, if service by the disciplinary authority, IAS or Appellate Body cannot be accomplished under the foregoing modes, the notices and summons directed to the respondent shall be endorsed to his Chief of Police or equivalent supervisor who shall have the duty to serve the same to him personally within Five (5) days from receipt.

In all cases, the Return shall be made within Twenty-Four (24) hours from service, either personally or by registered mail.

SECTION 3. Constructive Service. — If, for whatever justifiable reason, the respondent cannot be served personally, service may be made by leaving a copy of the notice and summons at the respondent's official station.

SECTION 4. Responsibility of the Administrative/Personnel Officer. — The Administrative/ Personnel Officer of a unit, office or station shall compile and keep a complete record of the residential addresses of all the PNP uniformed personnel assigned within his area of responsibility.

 

RULE 19

Filing And Service Of Pleadings, Processes And Decisions

SECTION 1. Filing of Pleadings. — The filing of pleadings by the parties shall be made by presenting the original copies thereof to the concerned disciplinary authority, IAS or Appellate Body or by sending them by registered mail with proof that the other party was served with a copy.

The date and time of the receipt shall be indicated on the face of the original document and the receiving copies. In case the above-indicated documents were sent by registered mail, the date and time of actual receipt shall be the time and date of receipt as stamped on the envelope. The envelope is required to be attached to the document as part of the record.

SECTION 2. Service of Subpoenas and Interlocutory Orders. — Subpoenas and other interlocutory orders shall be served personally in the manner provided for under Rule 18 hereof; Provided however, that if the complainant and/or respondent is represented by counsel, service of orders to the counsel shall be deemed service to his client.

SECTION 3. Service of Final Orders/Decisions/Resolutions. — Final orders, decisions, and resolutions shall be docketed after its release by the disciplinary authority, IAS or Appellate Body and copies thereof shall be served upon the parties personally or by registered mail.

SECTION 4. Implementation of Final Orders/Decisions, or Resolutions Which Have Become Final and Executory. — Final orders, decisions, or resolutions which have become final and executory shall be referred to the PNP Regional Director or his equivalent supervisor or the Director, Directorate for Personnel and Records Management (DPRM) for implementation within five (5) days from receipt of the request or order of the disciplinary authority or appellate body to implement the same, copy furnished Director, PNP Finance Service; Director, Directorate for Investigation and Detective Management (DIDM); and the respondent's unit assignment..

Any PNP officer charged with the implementation of a Decision which has become final and executory who fails to implement the same shall be liable for serious neglect of duty.

RULE 20

Appeal

SECTION 1. How appeal is taken; time of filing. — Appeals from the decisions of the disciplinary authority, Regional Appellate Board, National Appellate Board or recommendation of IAS which ripened into a decision due to inaction by the disciplinary authority, shall be taken by the party adversely affected by filing a notice of appeal and furnishing a copy thereof to the other party and the appellate body, with the deciding authority within ten (10) days from receipt of a copy of the decision.

SECTION 2. Notice of Appeal and Memorandum On Appeal. — (a) A Notice of Appeal shall be filed in three (3) legible copies which shall contain the following: 1) the material dates showing that it was filed on time; 2) the assignment of the specific errors of fact or law, or both, allegedly committed by the disciplinary authority; and 3) the specific appellate body to which the appeal is being taken.

The appellant shall submit a Memorandum on Appeal in three (3) legible copies not later than fifteen (15) days from the filing of the notice of appeal, copy furnished the other party. However, the memorandum on appeal may be submitted upon filing the notice of appeal. Proof that copy of the memorandum on appeal was served to the other party must be submitted by the appellant.

(b) In all appealed cases, the title of the case shall remain as it was before the disciplinary authority, but the party appealing the case shall be further referred to as the appellant and the prevailing party as the appellee.

SECTION 3. Dismissal of the Appeal. — Failure of the appellant to comply with the requirements provided in Sections 1 and 2 (a) of this Rule shall be sufficient ground for the dismissal of the appeal.

SECTION 4. Transmittal of the Records. — Within fifteen (15) days from receipt of the Notice of Appeal, the concerned disciplinary authority shall forward the complete original records of the case to the appellate body, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss of any piece of document thereof. The transmittal of the records shall be a ministerial duty and failure to forward the same shall be a ground for administrative action against the concerned official or personnel for serious neglect of duty.

SECTION 5. Docketing of Appealed Cases. — Upon receiving the complete original records, which shall include the exhibits and transcript of stenographic notes from the disciplinary authority, the appellate body shall immediately docket the same by stamping the time and date of receipt on its cover, assigning the appellate the case number and entering the same on the docket book which shall be purposely maintained for appealed cases only.

SECTION 6. Period to Act on Appeal. — The Regional Appellate Board and the National Appellate Board shall decide the appeal within the period of sixty (60) days from receipt of the complete records of the case. Failure of the RAB to decide the appeal within sixty (60) days from receipt of the case records shall render the decision of the disciplinary authority final without prejudice to the filing of an appeal by the party adversely affected to the Secretary of the Department of the Interior and Local Government.

Should the RAB fail to decide the appeal within the reglementary period provided in this Section, the concerned Board shall automatically make a written explanation to the Commission En Banc on its failure to do so.

The Commission En Banc shall order the conduct of investigation against the Chairman and the PNP representative of the concerned Board if it appears from the explanation that an evident neglect of duty was committed by the Board.

SECTION 7. Withdrawal of Appeal. — At any time before the appellate body renders its decision finally resolving the appeal, the appellant, as a matter of right, can withdraw the same; which shall consequently, render the appealed decision final and executory. No motion to reinstate the appeal shall be allowed.

PART III

Administrative Offenses And Penalties

RULE 21

Offenses

SECTION 1. Offenses Punishable. — The following are the offenses punishable and defined as follows:

1) Neglect of Duty or Nonfeasance — 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; implies a duty as well as its breach and the fact can never be found in the absence of duty.

2) Irregularities in the Performance of Duty or Misfeasance — is the improper performance of some act which might lawfully be done.

3) Misconduct or Malfeasance — is any 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 where necessity may demand; it does not necessarily imply corruption or criminal intention. TIHCcA

4) Incompetence — is ignorance or the material lack of adequate ability and fitness for the satisfactory performance of police duties. This refers to any physical, intellectual, psychological and moral quality, the lack of which substantially incapacitates a person to perform the duties of a police officer.

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

6) 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 or connected with the performance of his duties; and

7) Disloyalty to the Government — consists of the abandonment or renunciation of one's loyalty to the government of the Philippines, or advocating the overthrow of the government, through overt or covert acts.

SECTION 2. Classification of Offenses — For purposes of determining jurisdiction and applying the appropriate penalty, administrative offenses are classified into light, less grave and grave:

A. LIGHT OFFENSES:

1) Simple Neglect of Duty — Shall include but not limited to the following:

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 or disciplinary action 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;

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 or secured the approval of the superior officer, for a period not exceeding three (3) days in a month;

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

h) fail to report upon declaration of alert levels

i) fail to report for duty in prescribed uniforms 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;

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

k) fail to submit a written report to his superior officer immediately or within a reasonable time after accidental firing of his firearm, when time and circumstances would permit; 

l) fail to take custody of government issued property from a member under his supervision who is suspended, separated, retired or dead;

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) fail to report to his superior officer his inability or incapability to report for duty, attend a conference, general inspection, or participate in an operation;

r) delay or fail to respond to a call for assistance;

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

t) fail to report to his 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;

v) fail to report to a new assignment within ten (10) days from the order of reassignment without sufficient reason;

w) leave his post or beat before the end of tour of duty or leave without the required turn over to the incoming duty personnel.

2) Simple Irregularity in the Performance of Duty — Shall include but not limited to the following:

a) 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;

b) 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;

c) 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;

d) allow unauthorized member of the PNP to drive marked or unmarked police vehicles;

e) interfere or obstruct the work of other members or change the assignment or tour of duty of subordinates not belonging to his unit/office;

f) arrange with another member to take his post or tour of duty without superior's approval.

3) Slight or Simple Misconduct — Shall include but not limited to the following:

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 newspaper, 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 private business or practice his vocation or profession 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 suffering injuries;

i) use rude or insulting language or exhibit similar rudeness to the public;

j) fail to report for record with the Complaint or Desk Officer a case prior to its investigation; STcHEI

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

l) fail to maintain cleanliness and orderliness in his office, premises, post or surroundings;

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

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

o) make or conduct unauthorized solicitations of contributions from subordinates or private persons.

B. LESS GRAVE OFFENSES:

1) Less Grave Neglect of Duty — Shall include but not limited to the following:

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 (24) hours;

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 superior officer or the Chief of Police;

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

f) 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;

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

h) fail to turn in the used Traffic Citation Ticket or Temporary Operator's Permit together with confiscated driver's license at the end of his tour of duty or within twenty-four (24) hours, or fail to account for the TCT's or TOP's issued to and used by him;

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

j) 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;

k) fail to report to his superior 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;

l) fail to comply with the order of a court of competent jurisdiction;

m) willfully violate office regulations and/or refuse or neglect to comply with said provisions;

n) sleep on his post while performing patrol or guard duty;

o) absent oneself from office without having filed the necessary application leave or secured the approval of the superior officer for a period of more than three (3) days but not exceeding fifteen (15) days.

2) Less Grave Irregularities in the Performance of Duties — Shall include but not limited to the following:

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 or his superior officer;

b) use traffic violation reports which are not duly validated by the Land of Transportation Office (LTO), the Metro Manila Development Authority (MMDA), or city or municipal government;

c) use traffic violation reports duly validated by the LTO, MMDA, or city/municipal government 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/superior officer;

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.

3) Less Grave Misconduct — Shall include but not limited to the following:

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;

b) engage in regulated gambling or games of chance, while on duty;

c) be drunk and disorderly while on or off duty, or drunk while on duty and in uniform or in recognizable uniform of the force;

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

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

f) 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;

g) take a trip abroad without approved leave and approval of the authorities concerned;

h) borrow or solicit money or any valuable from his subordinates unless the latter is engaged in the lending business.

C. GRAVE OFFENSES:

1) Serious Neglect of Duty — Shall include but not limited to the following:

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 (24) after discovery;

c) fail to apprehend and/or arrest a person 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 authority or court;

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 other who are dying and in need of urgent medical or surgical attention; AcTHCE 

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;

i) fail to appear and testify in court, prosecutor's office, the PNP disciplinary authorities, appellate bodies, the IAS or any other quasi-judicial body when duly notified or subpoenaed as witness. If his non-appearance resulted in the dismissal of the case or the acquittal of the accused; or when he is the principal witness or the arresting officer, the penalty of dismissal from the service shall be imposed;

j) Absent oneself from office without having filed the necessary application for leave or secured approval of the authorized official for a period of more than fifteen (15) days prior to the enjoyment of the leave.

2) Serious Irregularities in the Performance of Duties — Shall include but not be limited to the following:

a) 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, without authority from the Commission on Elections;

b) acts as bodyguard or security guard for the person or property of any public official, or private person unless approved by the proper authorities concerned;

c) reveal secret or confidential police matters and information which jeopardize police mission and operations, or which cause injury or damage to citizens;

d) unauthorized establishment of checkpoints in any public thoroughfare for the purpose of stopping or searching vehicles or persons or if authorized does not comply with the Rules set by the PNP;

e) unauthorized escorting of any vehicle carrying highly dutiable or taxable goods, merchandise, appliances or machinery;

f) failure to turn over to the police station within a reasonable period any apprehended or arrested person;

g) countermand any lawful order of the mayor, chief of police, or his superior officer;

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

i) 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 or proper jurisdiction.

3) Grave Misconduct — Shall include but not limited to the following:

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

b) receive for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that accorded to other persons, or committing acts punishable under the anti-graft laws;

c) 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;

d) contract loans of money or other property from persons with whom the PNP office has business relations;

e) solicit or accept directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between the giver and receiver and the motivation. Aching of monetary value is one which is evidently or materially excessive by its very nature;

f) directly or indirectly have financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest by which a person will gain or lose something;

g) own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee, nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law;

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

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

j) willful failure to pay just debts or obligation due to the government;

k) appropriate for his or allow another person the beneficial use of any stolen property that is recovered, found or abandoned;

l) solicit money, valuable or favor for the amicable settlement of cases under investigation;

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

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

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

p) inflict physical injuries upon a suspect to force the latter to give a confession;

q) act as mediator or fixer for the return of any stolen vehicle or property whether held for ransom or not;

r) commit any act or omission that constitutes a crime punishable under the Revised Penal Code or Special Laws.

4) 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.

5) Gross Incompetence — When the offense or negligence is committed by a 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 Incompetence.

6) Disloyalty to the Government — Any member of the PNP who shall abandon or renounce his loyalty to the government of the Republic of the Philippines or who shall advocate the overthrow of the government, through covert or overt acts, shall be guilty of Disloyalty to the Government. He shall be punished with the maximum penalty of dismissal from the service.

7) 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. It shall include but not be limited to the following:

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 material facts;

b) makes a false report or entry in the police blotter or any department record;

c) gives deliberate false testimony against or in favor of a person facing a criminal or administrative charge; cTAaDC

d) destroy, conceal, or tamper physical evidence to be presented in court or any office conducting an investigation by exchanging, altering, damaging or diluting as to affect its original appearance, composition and content;

e) intentionally provide the public with false information affecting public interest.

RULE 22

Penalties

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

a) Withholding of privileges

b) Restriction to specified limits

c) Restrictive custody

d) Forfeiture of salary

e) Suspension

f) any combination of penalties under Section 1, subparagraphs (a) to (e)

g) One (1) rank demotion

h) Dismissal from the service

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

For Light Offenses:

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

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

3) Withholding of privileges; restriction to specified limits; restrictive custody; suspension or forfeiture of salary; or any combination thereof from twenty one (21) days to thirty (30) days (maximum period)

For Less Grave Offenses:

1) Withholding of privileges; restriction to specified limits; restrictive custody; suspension or forfeiture of salary; or any combination thereof from thirty-one (31) days to forty (40) days (minimum);

2) Withholding of privileges; restriction to specified limits; suspension or forfeiture of salary; or any combination thereof from forty one (41) days to fifty (50) days (medium period);

3) Withholding of privileges; restriction to specified limits; restrictive custody; suspension or forfeiture of salary; or any combination thereof from fifty-one (51) days to fifty nine (59) days (maximum period).

For Grave Offenses:

1) Sixty (60) days to Six (6) months suspension (minimum period);

2) One (1) rank demotion (medium period);

3) Dismissal from the service (maximum period).

SECTION 3. Limitation in the Imposition of Penalties. — In case of forfeiture of salary the amount shall not exceed the equivalent of one (1) month salary.

The penalty of "Withholding of Privileges" shall be confined to deferment of vacation leave privileges, participation in training grants or programs and such other similar privileges normally enjoyed by civil service employees.

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

a) The following are mitigating circumstances: 

1) illness;

2) good faith;

3) length of service in the government;

4) Awards and commendations;

5) analogous circumstances.

b) The following are aggravating circumstances:

1) taking advantage of official position;

2) taking undue advantage of subordinate;

3) use of government property in the commission of the offense;

4) repeatedly charged;

5) offense is committed during office hours and/or within the premises of the government office or building;

6) employment of fraudulent means to commit or conceal the offense;

7) intoxication;

8) being a recidivist;

9) offense committed in consideration of a price or reward;

10) when the victim is a minor, feeble minded or physically disabled;

11) when offense is committed in cooperation with two (2) or more persons;

12) utilizing minor in the commission of the offense; and

13) 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.

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

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

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

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

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.

g) In the appreciation of any mitigating circumstance in favor of the respondent or of any aggravating circumstance against him, the same must be invoked or pleaded by the party concerned, otherwise, such circumstances shall not be considered in the determination of the penalty to be imposed.

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

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 retirement benefits, and the disqualification for re-employment in the government 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 and withholding of privileges 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 period of the penalty imposed.

RULE 23

Miscellaneous Provisions

SECTION 1. Authority to Administer Oath. — in addition to the officials who, under the existing laws, are authorized to administer oaths, officers designated to conduct pre-charge evaluation, and hearing officers of the Commission, PNP, IAS, the Chairmen and members of the PLEB and Regional Appellate Boards have the authority to administer oaths on matters connected with the performance of their duties.

SECTION 2. Authority to Issue Subpoena Ad Testificandum and Subpoena Duces Tecum. —The disciplinary authorities, IAS and their hearing officers shall have the authority to issue subpoena ad testificandum and subpoena duces tecum.

SECTION 3. Monthly Report. — Within the first week of each month all disciplinary authorities, IAS and appellate bodies are required to submit a report to the regional office of the NAPOLCOM or the Commission en Banc, furnishing a copy thereof their respective heads of office, indicating the following data/information:

a) List of newly filed/received or raffled cases, revived, reinstated case, or cases transferred /referred or re-raffled from other office/ officers;

b) List of investigated, heard, resolved/decided, or pending cases;

c) List of cases transferred/referred or re-raffled to other offices/ officers stating clearly the reason for such transfer/referral or re raffle; and

d) List of cases with suspended, proceedings stating clearly the reason for its suspension.

SECTION 4. Effects of a Pending Case. — Pendency of an administrative case before any of the administrative disciplinary authorities, IAS or appellate body shall be a bar to promotion.

SECTION 5. Issuance of Clearance/Certification. — Any disciplinary authority, IAS or appellate body or its authorized official upon written request and payment of the legal fee shall issue a clearance or certification indicating the pendency or non-pendency of an administrative case against any PNP member. The request shall contain the name of the requesting party, name of the police officer subject of the verification and the purpose of the request.

A disciplinary authority, IAS or appellate body shall not require personal appearance of the police officer and other clearance or document from him or the requesting party except for NAPOLCOM, PNP and IAS national offices which may require clearances or certification from their lower units or offices.

RULE 24

Transitory Provisions

SECTION 1. Repealing Clause. — Memorandum Circular Numbers 93-024, 96-010, 98-014, 99-006, 99-014, 2002-010, 2002-013 are repealed. All other NAPOLCOM issuances or portions thereof inconsistent with this Memorandum Circular are hereby superseded or modified accordingly.

SECTION 2. Application to Pending Cases. — These Rules shall apply to pending cases with the different disciplinary authorities, appellate bodies and IAS, Provided however, that the offenses and penalties reclassified under these Rules shall have retroactive effect insofar as they are favorable to the respondent.

SECTION 3. Separability Clause. — Any portion of this memorandum circular inconsistent with the organic law or declared unconstitutional shall not affect the validity of the other provisions.

SECTION 4. Effectivity Clause. — This Memorandum Circular shall be effective after fifteen (15) days following the completion of its publication in at least two (2) newspapers of general circulation nationwide.

Issued this 6th day of March 2007 at Makati City.

 

(SGD.) RONALDO V. PUNOChairperson

 

(SGD.) LINDA L. MALENAB-HORNILLACommissioner

 

(SGD.) CELIA V. SANIDAD-LEONESCommissioner

 

(SGD.) MIGUEL G. CORONELCommissioner

 

(SGD.) OSCAR C. CALDERONCommissioner

Attested by:

 

(SGD.) ADELMALYN A. MUNIEZAChief, Secretariat