Republic of the Philippines

Department of the Interior and Local Government

NATIONAL POLICE COMMISSION
DILG-N APOLCOM Center, EDSA Corner Quezon Avenue,
West Triangle, uezon City

MEMORANDUM CIRCiULAR NO. 2016—002

REVISED 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 “DepaHment of the
InteNor an(Local Go eznment Act of 1990”az amended by Republic Act No. 8551 otherwise
known as the “P l111pp1ne National Police Reform and Reozgan1z'ot1on Act of 1998’ the
provisions of NAPOLCOM Memorandum Circular No. fili! -!›t?2 (NMC 213! o-t'fl2 I are hereby
prescribed and promulgated.

RULE 1

PRELIMINARY PROVISIONS

Section 1. Tlt1e. — These Rules shall be known and cited as the Revised Rules of
Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs
Service of the Philippine National Police.

Section 2. Scope and Appllcatlox. — These Rules shall aPply to all administrative cases
filed against uniformed members of the I°hilippine National Police (PNP) before the different
administrative Disciplinary Authorities and the Internal Affairs Service (IAS).

Section 3. Coast ction. — 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. Zaire 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 rrocedure and evidence applicable in judicial
proceedings. ’(he provisions of the Civil Service Law, Rules and Regulations as well as the
Revised Rules of Court shall be suppletoriiy applicable.

PAR"I’ I

ADMINISTRATIVE DISCIPLINARY AUTHORI"FIES, INTERNAL AFFAIRS SERVICE,

APPELLATE BODIES, AND THEIR RESPECTIVE JURISDICTION

RULE 2

GENERAL PROVISIONS

Section 1. DeExltlon of’1"ezms. — As used in these Rules, the following terms shall be
understood to mean as follows:
 Page 2 of 37

p) An.sizrr — a responsive pleading containing the respondent's negative anal

affirmative defenses;

b) Appellate bodies — shall refer to the Regional Appellate Board (RAB) and National
Appellate Board (NAB) of the Ciommission; the Secretary of the Interior and I.ocal
Government (SILG); and the Civil Service Commission (CSC);

c) Breor.h o/’/nrer a/ Disc.ip1ine. - any offense committed by a member of the PNP

involving “minor offense” affecting the order and discipline within the police
organization. Elinor Offense” refers to an act or omission not involving moral
rurpitude, 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;

d) C’itizen’s Complaint — a complaint initiated by a namral 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) Come ission — shall refer to the National Police Commission;

Puzrip/Arm — a written and sworn statement regarding a wrong, grievance or

iiijury sustained by a person;

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

h) Der.ision — the written disposition of the case by any Disciplinary Authority, IAS
or Appellate Body stating clearly the facts and the law upon which it is based;

i) Disciplinary Authorities — shall refer to the city or municipal mayors; chic.fs of

police or equivalent supervisors; •irovincial directors or equivalent supervisors;
regional directors or equivalent supervisors: People's Law F.nforcement Board
(PUB); Chief of the PNP; National Police Commission (NAPOL,CCiM);

j) Equivalent Supe sors — PNI' Officers occupying positions / designations

equivalent to that of Chief of Police, Provincial Fiireetor and Regional Director
who are vested with disciplinary authority over personnel of cheir res}aective
offices, charged with minor offenses involving breach of internal discipline as
provided under Section 41 (b) of R.A. 6975, as amended;

For purposes of these Rtiles, the following are considered equivalent

supervisors:

1. Chief of Police
a. Chief, Provincial Public Safety Company
b. Chief, District Public Safety Battalion
c. Chief, T'o1ice Station of J'vlanila Police District and O_iiezon Ciity Police District
 Page 3 cf 37

2. Provincial Director
a. Director, City Police Office of i4ighly Urbanized or Chartered Cities
b. Chief, Regional Public Safety Battalion
c. Chief, Regional Administrative Support F)nit
d. Chief, Regional Operational Support Unit

3. Regional Director
a. Director, Police Distrlct Office, National Capital Region Police Office
b. Director, National Administrativa Support Unit
c. Director, National Operational Support Unit

In case the head of anv of the above-enumerated offices/units of the PNP is

only an officer-in-charge, he/she may conduct investigation and submit his
recommendation to the next higher Disciplinary Authority.

k) Jiñ M 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;

l) Nor/eirure of Setup — a penalty imposed upon the respondent who is found

culpable of the offense charged which consists of taking his salary for d certain
period but in no case shall exceed one (1) month; the respondent who is penalized
with forfeiture of salary is reqiiired to report for duty;

rn) Formal Charge — a complaint initiated before any of the Disciplinary Authorities
or IAS after finding the existence or“ probable cause;

n) lyric Slic›pying — 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, the Internal Affairs Service and
the Office of the Ombudsman;

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

p) -Moral Turpitude — includes everything which is done contrary to justice, honesty,

modesty, or good morals. It is an act of baseness, vileness or depravity in rhe
private and social duties which a man owes to his fellowmen or to society in
general, contrary to the accepted and customary rule of right and duty between
man and woman.

q) Aeiv7y Discovered F.viclence - rhat evidence which could not have been
discovered and produced during tb.e hearing of the case despite due diligence, and
if presented, would probably alter the decision;

r) Pending C.use — refers to a case when the respondent has been formally charged
before any Disciplinary Auth‹›rity ox IAS or the Office of the Ombudsman; or an
appeal is pending Frith any of the /xppellate Bodies;
 Page 4 cif 37

s) Pre-Clza ge Investlgatlor — is the preliminary examination and evaluation of the

complaint for the purpose of determining the existence or non-existence of
probable cause:

t› Probable C“aus’e — is the existence of such facts and circumstances as would e.ocite
the belief, in a reasonable mine), acting on the facts within the knowledge of the
investigator, t.hat the respondent 1s probably guilty of a specific administrative
offense or ofténses;

u) Recidieist - a person who has been previously penalized for a grave administrative
offense and is again charged of another or the same grave administrative ofI'ense;

v) Aeg/ezceamzjr P‹rZ1D£l - the perioci requires) by law or these Rules ro perform a

specific act. In the computation of a period of time, the first day shall be excluded
and the last day shall be includec4 unless it falls on a Saturday, Sunday or a legal
holiday, in which case the last day s.call fall on the next workins day;

xv) Repeafedl C!••'secl- when a p‹olice officer is fÔrmally charged administratively

of a less grave or right offense for at least three (3) times and was found ctilpable in
any one of them;

x) fiesfricrre Custndy -- is a c4isoipliiie.ry measure that may be imposed by the Chief,

PN'P, the PN'P Regional Director or E‹juivalent Superv'isor, the PNP Provincial
Director or Equivalent Supervis‹ir *curing the tendency of a grave administrative
or criminal charge filed agains't a s :bordinate police officer/s which may consist of
confinement within the carr'r <"' rroper accounting and monitoring of rheir
activities: Provided, that when s.ir.nation v•arrants and they are required to go
outside of the camP, they shoulcl be Properly escorted on a one-on-one basis with
proper recording of activ ities, the piace of destination, time of departure, time of
arrival and the names of" the escorts: Pro rided further, that a police personnel
under restrictive custody is reqcâ red to turn over his issued firearm to the
responsible suPply officer within the same period of custo‹ly;'

fiesrrïrriozt fr £'pec.i‘Fiecl Llmlts - a penalry 'hich prohibits îhe respondent to be at

a specifed area;

Seric›u.s Change — refers to a comply.int irrvolxñng an offense where the maximum

imposable Penalty is dismissai from the service:

Sullficleno An Testllironduni — a process ‹directed to a person requiring him to

appear and testify in an invesi igation or hearing;

hb)Subpoero Ducs'.s FecurZ? — a process directing a person to appear and bring with
him books, documents or things under his control in an investigation or hearing;

ccc Subsume rat Evidence — such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion.;

' PNP htemorandurn Circuler No. 200'9-0 16 dated Septeiiiber 3, ?*009

 Page 5 of 37

dJ) Summary Mr.wring Officer - an officer designated by the Disciplinary Authority

or US to conduct the summary proceeding and to submit a report or
investigation;

ee) Sun:unarjr Procec‹ling — an expeditious administrative proceeding conducted

consistent with due process to determine the culpability or innocence of the
respondent; and

H) Summons — is a written notice inFormitig the respondent that he is charged with

an offence and directing him to file his Answer.

Section 2. Principle o¥Excluslvity. — \Vhen a complaint or charge is filed against a

PNP member as described in Section 1 Ri'le 15 hereof, it shall be heard and decided
exclusively by the Disciplinary Authority or IAS which first acquired original jurisdiction
o•zer the case, subject to the following provisions:

a) )’he Office of the Ombudsman (OMB) shall have primary jurisdiction over
administrative cases filed either before the NAPOLCOM or PNP against officers
and members of the I°NP for acts or omissions arising from the following criminal
off’en.ses filed or pending before the OMB:

1. Violation of the provision of Republic Act No. 1379 (M Act DeclaNng

Nnr/iimre /n favor oFthe Scree Any Property Fo rl to He ze l3eczi Unluwliilly
Acquired Dy Any Pabhc GRlcer or Employee and I°rovidirig Ltte Proceodi'ngs
?7iere /;

2. Violation of Republic Act No. 3019 (did-mall and C.our pt Practices Act);

3. Violation of Sections 7, 8 and 9 of Republic Act No. 6713 (G'ocle où Conducc

and E calStunJarcls for Public. OHlclals and Employees),

4. Plunder under Republic Act iNo. 7080 (M Act Defining curl Peziaffzing the
drive fP7iinHer);

5. Violation of RePublic Act No. 9184 (Nfirer enr Procuremenr fio/ñrm Act),-

6. Violation of Republic Act No. 9485 (Aziti-Real Tape Act o1“20DZj,-

7. Bribery under Section 2, Charter 2’wo and i\/1alversation under Chapter Four
of title VII, Book II of the Ited.sed Penal Code, as amended; and

8. Violation of other graft laws.

b) The NAPOLCOM shall have primary jurisdiction over grave administrative cases
defined and penalized under these Rules.

c) The PNP shall have primary jurisdiction over administrative cases against officers
and members of the PNP for acts and omissions constituting breach of internal
discipline or minor offenses defined under R.A. 6975 as amended by R.A. No.
8551, violation of the Civil Se ce l,aw and its Implementing Rules and
 l'age 6 of‘ 37

Regulations or Ph*P policies such as, but not limited to those relating to
efficiency in the performance of official duties and responsibilities.

d) Subject to the preceding paragraph ‹and concurrence of juristliction, the IAS shall
take cognizance and investigate cases enumerated in Section 2, Rule 6.

e) Complaints for offenses which carry a liigher or lower imposable penalty shall be
referred to the approrriate Disciplinary Authority or IAS: Provlded, that any
Disciplinary Authority or the IAS who shall take cognizance of any complaint
beyond its juriscliction and renders a decision thereon, the same shall be void and
shah not be a bar to the filing of a similar complainl: against the PNP member
before the proper Disciplinary /xuthority or lAS: Provided liirther that any
Disciplinary Authority, IAS Officer, I nvestigator or Summary Hearing Oíficer
who violates this provision shall be proceeded against administratively for seríous
he arify N Steyr/òrinance ofJury.

Section 3. Prohibition Against NOJtfi22 Shopping OF Klultlple P Meg o5L"omp1aiat:s. — To

avoid multiplicity of cases for the same cause of action, the c:ompIainant shall certify under
oath in his pleading, or in a sworn certification annexed hereto and simultaneously filed
thereUrh, to the truth of the following facts ancl undertaking:

a) That the complainant has not fileci or commenced any complaint involving the
same cause of action in any other Disciplinary Authority, IAS or Office of the
Ombuclsman;

b) That to the best of the complainant's knowleclge, no such complaint is pending

before any other Disciplinary Authority, IAS or Office of the Ombudsman;

c) "flat if there is any such complain* 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 cry other police Disciplinary Authority, IAS or
Office of the Ombudsman, the complainant must report such fact within five (5)
days from knowledge.

Section 4. beer of For Shopping. — Violation of the prohibition against forum

shopping .shall be a ground for the dismissal of the case motu praprlo or upon motion of the
respondent.

Section 5. AppIlcation oltJle Principle aPRes fudicoto Z Bar hy Prior fuclgment. — 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 .'rust have jurisdiction over the
subject maitcr 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.
 Page 7 of 37

Section to. mhm Rr.spondenl ?s o Presidential A opolnlr.o.. After the formal charge is
filed, a resPondenr who is a presidential appointee can only be subjected to summary
proceeding after a clemance for such F pose is obtained from Ltte Office of the President.
The reporr of investigation together with the complete original records of the case shall be
submirred to time Office of the President through tJne Commission.

A. ORINA I NAL JURISDIC‘1IOL*

RUL£3
CITI Z EN’S COMP LAU'
Section 1. Citizen ’s C‘ompJairir..s. — Any complaint by a natural or juridical person
against any member of the PNP shall be brought before the following:

a) Ch1rf of Police. where the offense is punishable by withholding of privileges;

restriction to specified limits; suspension or forfeiture of salary; or any
combination thereof, fOF • P• od not exceeding fifteen (15) day4;

b) Cliy/Llunlclpal Xlayor where the offense is punishable by withholding of

privileges; restriction to sFecified limits; suspension or forfeiture of salary; or any
combination thereof, for a period of nor less than sheen (16) days but not
exceeding thirty (30) days; and

c) People’s /om ñ orremenr Board wnere the offense is punishable by withholding

of privileges; restriction ro 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.

RLLE4

BREACH OK INTE RN'AL IOISCI PLINE

Section 1. here sfi ñ be filed. A complaint for breach of internal discipline shall
be brought before the folloUng disciplinar authorities:

a) Clu'es of Po1i“c:e oz ’‹fliivaJrnt Supe lsozs, 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: Pro Acted,
that in all cases, the total period shall not exceed fifteen (I5) days;

b) Provincial Direcfors or J,‘quJra/enr Supervisors, where the imposable penalty is

admonition or reprimand; restrictiva custody; withholding of privileges; forfeiture
of salary or suspension; or any combinaóon of the foregoing: drc›idec/, that in all
cases, the total period shall not exceed thirty (30) days;

c) Reyfionnl Directors c›z EqNvzalent Supe sore where the imposable penalty is
dismissal from the service; admonition or reprimand; restrictive custody;
withholding of privileges; suspe.Psion or forfeiture of salary; demotion; or any
combination of the foregoing: JroN#eJ, that in all cases, the total period shall not
exceed sixty (60) days; and
 Page fi of 37

d) ?e/" o/’ the PIs!P where the imposable penalty is dismissal from the servicc;
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 tendency
of a grave administrative or criminal case against him.

SULINIARY DISNIISSAL POXVERS GF ’THE NAPOLCOS1,

C'H1EF, PN P AND 'I'HE PHP REG IOhAL DIRECTORS

Section 1. Summary Dlsizilssal I.base. — Summary dismissal case is one where the
maximum pena1ty• imposable is dismissal from the service and the offense falls under any of
the following cases:

a) ¥Vlien 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
reasonao1e grounds to believe that he is guilty of the cnarge;

When the respondent is guilty of a serious offense involving conduct unbecoming

of a polices officer; and

d) W)qen any member or officer he.s 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
abscnce without leave (AWOL) and nice versa.

Section 2. here lilecl. — The complaint may be filed before the following
disciplinary authoritie.s:

a) PNP Regional Directors

b) Chief of che PNP
c) The National Police Commission

kULE 6

INTERiNAL AFFAIRS SERVICE

Section 1. Authority to Conduct Mocu Proprio lurch gafic›n — The IAS shall conduct
som pzopFo investigation on the following cases:

a) incidents where a police personnel dischaiges a fircarm;

b) incidents where death, serious physical injury, or any violation of human rights
occurred in the conduct of police oFeration;
c) incidents where evidence was compromised, tampered with, obliterated, or lost
while in the custody of police personnel;
 Page 9 of 37

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 2. /zc7u.vJoo Supervisor and Superiors la CAS /nresf/gariocs. — The

immediate superior or supervisor of the personnel or units being investigated under Section 1
hereof shall be automatically included in the investigation of the IAS to exclusively
determine lapses in administration or supervision.

Section 3. HJsciplloaiy Recommendations of the IAS. (a) Any uniformed member of

the PHP found culpable under Section 1 hereof and any immediate superior or supervisor
found negligent under the immediately preceding Section shall be recommended
automatically loz dismissal or demotion, as the case maybe;

Q) Recommendations by rhe IAS for the imposition of disciplinary measures against

uniformed member of the PNP, once final, cannot be revised, set-aside, or unduly delayed by
any disciplining authority without just cause.

Section 4. Appea/s for IAS fieso7ufion Dismissing an Arlmi is matt e Compl nt. —
Resolutions of the Provincial IAS dismissing an administrative complaint shall be forwarded
to the Regional IAS for review while decisions of the Regional IAS dismissing the
administrative case may be appealed to the Inspector General. Decisions of the Inspector
General affirming the resolutions of Regional IAS dismissin8 an administrative complaint
shall be appealed to the National Appellate Board.

B. APPELLATE JURISDICTION

RULE 7

REGIONAL APPELLATE BOARD

Section 1. Compr.fifJar. — 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. 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.

Section 2. Qupmm. — The presence of the chairperson and an}' one of its members
shall constitute a quorum. If the chairperson or any member is related to the complaining
Gtnesses or respondent within the 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. Maf are Appea/oble. — The following are appealable to the RAB:

a) Decisions o* city/municipal Mayors and the Chiefs of Police in the exercise of their
disciplinary powers under Section 41(a) of RA 6975 as amended;
 b) Deci.sions of the PLEB or th° PNP Regional Director in the exercise of their
disciplinary powers under Scction 41(a) of’ RA 6975 as amended where the penalty imposed
is demotion or dismissal from the service;

c) Decisions of the PNP Regional Dircctor or equivalent supervisor in the exercise of

their disciplinary powers under Section 41(b) of RA 6975 as amended, where the penalty
imposed is demotion or dismissal from the service;

d) Decisions of the PNP Regional Directrir in the exercise of its summary dismissal
power under Section 42 of RA 6975 as arnencied where the penalty imposed is demotion or
dlsmLsal from ieservice;

RATE 8

NATIONAL APPELLATE BOARD

Section l. Composition — The National Appellate )3oard (NAB) shall be composed of

the four (4) regular Commissioners, chaired by the Vice Chairperson and Executive Officer.

Section 2. time ore A fipeaJdhIe. — The following are appealable to the NAB:

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

b) Decisions of the Inspector General af€rming the Resolution of the regional IAS or
the Prosecution Division of the National IAS dismissing the complaint for lack ofi probable
cause.

R' 'EE 9

SECRETARY OF THE INTF/RIOR AND LOCAE. GOVERNMENT

Section 1. furisdlc' loci oI“the 5' retd . — Decisions of the RAB and the NAB may be
appealed to the Secretary of rhe Department of the Interior and Local Government.

RULE 10

CIVIL SERYICE CORIRIISSION

Section 1. Appelloce/oris'‹/iff/Oct o/’fÙ6 Ù’/iù/ zÛervice C“omni:iss1on. -’l'he following are

appcalable to the Civil Service Commission (CSC):

a. Decisions of the Secretary of the Interior and I.ocal Government in the exercise of
his appellate jurisdiction except Decisions ofi the NAB affirming rhe resolution of
the National IAS dismissing the complaint for lack of probable cause;

b. Decisions of the NAPOLCObl en banc as summary dismissal authority except

Decisions approving the dismissal of the complaint for lack of probable cause.
 l°a¡;e 11 of 37

C. SPECIAL fiROVISlC)NS

PEOPLE'S LAW ENFORCEMENT BO SRD (PLLB), CREATION, FUNCTION,

CONIPOSITION, TERkI OF Ol*f’ICE AND Q_UORUi I

Section 1. Cresffer. — The Sao unianp NanfuDgsor7Wajran in every city ancl

municipality shall create such number of People's Law Enforcement Eoards (PLEBs) as may
be necessary: Pzovirle‹l, 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 stricts in a city.

Section 2. I'’urict1ons, Pow'ers and DH fs. — The PLiiB has the power to hear and
decide citizen's complaints formally filed with, or referred to it against any uniformed
member of the I‘NP.

Section 3. Composition. - The PLEB shall be composed of the following:

a) A member of the Sa ggizriian PanIungso‹Mlayan chosen by the respective

b) A punong-barangay of the city or municipality concerned chosen by the L ga np

vga Barangap 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
commrmity known for they 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 rhe PLEB shall be eJ.ected from among ir.s 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, )'itle lll, Book lI of the Revised
Penal Code, the mcmbers of the PLEB are considered pcrsons in authority.

Section 4. Resolution nut:I F,xecuto‘ve Ozrler CoziszlrutNg Lore PLEB — "the

San niniang Nan/un,gsc› akan shall pass a resolution formally organic.ing the PL.liB, a copy
thereof shail immediately be submitted to the City/iVtunicipal Mayor who shall, within five
(5) days from receipt of the same, issue the appropriate executive order adopting the
resolution of the Sanggunlan concerned. A copy of said Executive Order shall be furnished
the NAPOLCOM Regional Office within ten (IO) days from issuance.

Section 5. Tr.zzri of'Once.. - The term of office of the members of the PLLB shall be
for a period of three (3) years from assumption of office unless sooner removed for cause.
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
 Pa8• 2 of 37

his election to the 5â o znfan Panlungsofl3oyon or his membership with the I ga zy Alga
Baraagay ends ur n the expiration of his term of office as Nw aii,g Pan/uo,gs‹r ay an
member or as Bararigay Chairman/Punong Barangay. lf reelected, and subsequently re-
designated to the PLEB, he must take a new oath of off5ce.

Section 6. Budg€'t ANofJfJazi. — The annual budget of the city or municipality shall
include art item and the corresponding appropriation for the maintenance and operation of
their local Pl.EB(s).

Section 7. Quorum. — The presence of rhree (3) members of the PLEB shall constitute
a quorum: Provided, ñ oiverer, that a vote of at least three (3) members shall be required in
rendering a deer.sion.

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

When a PM.EB 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 presitiing officer may rec{uest
the San ‹u•z/ao@ ''•zrzfiff2 .sO fiayan or th€• *18a ^d 8• **arnngay 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: Provicled, that such temporary representative shall
act as such only for the specific case.

Section S. D1s‹fua1iIicaLion by Reason o›"AHInity or Conran irui y. - 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 ‹listJualified from participating in the
proceeding and the case shall be tried by the remaining members: Provided, that there is a
quorum. In ifie event that the PLEB could not proceed with the hearing for lack of quorum,
the Peace and Order Council, the San,gg n/wg Panluilgso yan, or the figs rig mga
ñ wnn,gay of the city/municipality concerned shall appoint a temporary member for that
specific cas“e only.

PART' II

C:OMMON PROVISIONS

RULE 12

VEiNUE

Section 1. Venue. — The administrati e complaints or cases against any PN'P member
shall be filed before the disciplinary authority or IAS having territorial jurisdiction where
the ofi'ense was committed.

Section 2. T 1"ez o1" leave. - the Disciplinary Authority or IAS or their authorized
officer may, upon motion of either party, order a change of venue for administrative cases
penning before their respective offices on the following grounds:
 Page 13 of

a) ¥Vhen any of the parties is exerting efforts to harass, intimidate, coerce or unduly
influence the other party, his witnesses or imrriediate members of’ the family to Gthdraw the
complaint or retract their statements; or

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 o1 the aclministrative case; or

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 OI' COMPLAIisfI’

Section 1. flow iniriared. — a) An administrative complaint may be initiated by filing

a wrinen sworn statement before the 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. lf the complaint is not accompanied by a
certificate of non-forum shopping, the complainant shall be required to submit the same
with.in five (5) days from notice; otherwise the complaint shall be dismissed.

b) lf the complaint is verbally made, the Disciplinary Authority or lAS or their

authorized officer shall assist the complainant in preparing his/her 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 DisciPlinary Authority or IAS or their authorized officer shall require the
complainant and witnesses to affirm their signiitures and to execute affidavits to substantiate
‘be complaint. Such complaint shall likewise be accompanied by a certificate of non-forum
shopping.

d) An anonymous comPlainr may be thee basis of a formal complaint provided that the
material allegations contaiiied therein may be •zalidated by the Disciplinary Authority or IAS
or their authorized officer.

Section 2. Enuresis o/’a Nozriy7aiur. — The comPlaint shall contain the following:

a) Full name, address and contact information 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 specifically the act or omission
attributable to the particular respondent/s constituting the offense allegedly committed, the
place, clate and time of commission of the offense.

Section 3. I tial EV If‹SLiOnof Hie Comp1e1riv — Upon receipt of the complaint, the
Disciplinary Authority or IAS or their authorized officer shall immediately record it in a
logbook and conduct the initial evaluation to determine if it has jurisdiction and thereby
docket the same for pre-charge investigation or for formal charge in cases before the PLEB;
or refer it to the appropriate disciplinary authority; or treat it as a grievance/request for
assistance and refer it to the concerned office.

The evaluation report recommending for the dismissal of the complaint or referral to
the appropriate Disciplinary Authority or grievance committee shall be approved by the
Disciplinary Authority or IAS or their authorized officer.

RULE 14 PRE—

CHARGE 1NTVES’I“IGATION

Section 1. Pre-Charge Investigation. — If the comrlaint is approved for pre-charge

investigation, the Disciplinary Authority or IAS or its authorized officer shall direct its
docketing in the Pre-Charge Investigation docket book by stamping on the face of the
complaint and its approval, the time and date of receipt; recording and assigning a case
number to it; and designate the officer who shall conduct the investigation. 'T'he investigation
shall include the examination of records and documents submitted by the complainant anti
the PNP member complained of, as well as documents readily available from other
government offices for the purpose of determining the existence of probable cause.

Section 2. Z2urarioo othe /ziresfigaf?oii. — A pre-charge investigation shall commence

by fiirnishing the PNP member complainea of with a copy of the complaint and its
supporting documents not later than three (3) days from docketing thereof.

The resr ndent may then submit his comment/counter-affidavit within five (5) days
from receipt of the complaint, provided however, that failure of the respondent to submit his
comment/counter-affidavit shall be construed as a waiver thereof.

Upon receipt of the counter-affidavit or comment under oath, the pre-charge

investigator may now determine whether probable cause exists to warrant the filing of a
formal charge. The pre-charge investigation shall he terminated within ten (10) days from
receipt of the comment/counter-affidavit or upon the expiration of rhe reriod to submit
the
same.

However, if necessary, rhe parties may be required to appear for clarificatory

questioning provided thut they are notified three (3) days before the scheduled appearance.
ThC parEies may already identify and affirm their respective pieces of evidence. The
investigator before whom said documents were identified and affirmed must so indicate such
facts in the minutes of proceedings, to include matters clarified and attach the same with the
records of the case,

No motion for extension of time to submit comment/counter-affidavit or any other

dilatory motions shall be allowed except upon meritorious causes and the filing thereof does
not interrupt the reglementary period for the submis.sion of the comment/counter-affidavit.

Section 3. Pre-Charge In zestigotion fieyorr. — Within five (5) days from the
termination of the pre-charge investigation, the investigating officer shall submit to the
Disciplinary Authority or IAS the Pre-Charge Investigation Report for approval together
with the complete case records to include the formal charge.
 In the absence of probable cause, the complaint shall be dismissed by the Disciplinary
Authority or IAS or its authorized officer.

Section 4. lYlotion for Re-InvestigoLi‹rn. — The complainant may file a motion for re-
investigation to the Disciplinary Authority within three (3) days from receipt of the
resolution of the investigating officer / unit dropping or closing the complaint for lack of
probable cause on the ground that palpable mistake was committed in the appreciation of the
complaint, counter-affidavit and other supporting evidence. Only one motion for re-
irn•estigation shall be allowed which shall be resolved within fifteen ( 15) days from receipt
thereof.

Section S. Docket Afries. — In all instances, during the pre-charge investigation and
until its termination, appropriate docket entries must be made by the responsible person of
the unit.

riLiNG AND ASSIGNMENT OF CASES TO SLINIMARY HEARiNG orricERS

Section 1. local N/iwge. — After a finding of probable cause, the investigating office
shall formally charge, under oath, the PNP m.ember complained of. The formal charge shall
contain (1) a specification of the charge/s; (2) a brief statement of material or relevant facts;
and (3) the presence, if any, of aggravating circumstance/s. It shall be accompanied by
certified true copies of the documentary evidence, if any, including the sworn staterrients or
judicial affidavit.s of witnesses.

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
formal charge the time and date of receipt and assign a case number to it.

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 Discipline, Law and Order
Division (DLOD), Directorate for Personnel and Records Management (DPRM) of the
pending cases as well as the PNP unit where the respondent is assigned.

Section 2. Assignment of IIeari“ng OHS ers. - Except in cases filed before the PLEB,
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 summary hearing officer.

PREVEN'TIVE SUSPENSION

Section 1. Prevestivr•. Susf:tension o/ Uic• Rr.sponderit by the Dlsclpllnarjr Authority or

. — The concerned Disciplinary Authority or IAS, upon r*.otion of the complainant may,
at any time after a case is formally filed but before the submission of the complainant's
position paper or conduct of clarificatory hearing, place the respondent/s on preventive
suspension for a period not exceeding ninety (f0) days under the following circumstances:
 I'age 16 of

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

b) There is evidence to show chat the respondent is exerting efforts to harass,

intimidate, coerce, or unduly influence *he complainant or his/her witnesses into
withdrawing the complaint or retracting the sworn statement against the respondent or to
tamper with the evidence.

Section 2. Reducer for Pre encize Suspension hy the PLEAS. — In the following cases
the superior officer shall not deny a request for preventive suspension by the PLER:

a) When the respondent i-efuses to hee‹i the PLEB's summons or subpoena;

b) When the I'Nl' personnel is charged with offenses involving bodily harm or grave
threats;
c) tVhen the respondent is in a position to tamper with the evidence; and
d) When the respondent is in a position co unduly influence the witnesses.

tiny superior who fails to act on any request for preventive suspension without valid
grounds shall be held administratively liable for serh»iis seq/ec'r n/“‹fire.

Section 3. lWotion I'or Roc-onsideratlon or Ohr Order of Pre ntive S'uspens1on. - the
respondent/s may file a motion for reconsideration with the Discipl.inary Authority within
five (5) days from receipt of’ a copy of che order of preventive suspension anchored on the
ground that the order is not supported by any of the circumstances enumerated in Sections 1
and 2 of this ItiiJe.

RULE 17
SUi fMARY PROCEEDIh'G Añ 'D DlSl'OS1TloN or cAses

Section 1. Somzrions. — The designaterl summary hearing officer or the PLF.B shall
issue summons within three (J) days from receipt or docketing of the complaint, as the case
maybe, to be served upon the respondent directing him/her to submit his/her answer within
an inextendible period of seven (7) working days from receipt thereof.

Section 2. Air ver. — 'he answer shall be in writing, under oath ance. must contain
material facts, which may either be a specific denial or affirmation of the allegations in the
complaint as well as the presence of mitigating circumstance/s, if any. The respondent/s may
attach therewith documentary evidence in support of his det“ense, copy furnished the
complainant.

"Phe answer shall be filed either personally or by registered mail, with proof of
appropriate service to the complainant. II’ tne answer is sent by registered mail, it is deemed
filed on the date of receipt stamped by the post ofhce on the envelope. Said envelope shall
be kept and made an integral part of the answer and records of the case.

The disciplUary authority shall not entertain request for clarification, bill of
particulars, motion to dismiss, and any other motion which are obviously designed to delay
the administrative proceedings. If any of these pleadings are filed by the respondent, the
same shall not toll the regIementary period for filing an Answer.
 Page 17 of3'7

.Section 3. é//ecr oI’F.u’IureZPseñ sql fG "'Ie iris vi r. — If the respondent fails or refiises
to file an answer wit hin the period provided!, lie/she shall be considered to have waived
his/her right to submit the same and the case shall be decided based on available records.

Section. 4. âc'r o/'.dé)2l2/f3’fNo by ñ es¿ onrfdnr. — V lien the re 1'ondenr in his answer
admits his cu*l'•biliry to the charge, the f I.fiE or t1a,e Summary Hearing Officer shall
deterrriine the penalty commensurate t(i the ofl“ense committed takiIig into accou nt the
presence of mitigating circuiiistance/s invo!:ed by the respondent and aggfaVating
circu'nstance's alleged lay rhe prosecution.

Section 5. Are-Hear?ng Con/eren‹e. — "‘v’.*ithin fifteen (15) days fr‹ini receipt of the
ansv•er, the .OLEH oi’ tire Strinniaq• Hearing Officer shall conduct that pre -hearing conference
for the purpos.•. of: a) defining and simplifying the issues of the case; b) entering into
adiiiissions anti/or stipulation of facts; c) marking of exllilaits after proper identihcation by
the parties/signatories; and d) threshing our other matters rele want to the case. The
proceedings in the pre-hearing conference s!ja!l be rccortled duly signed by the parties anal
.Summaq• Hearing C3fficer or l°L 21.

Section 6. Submission of Noiiri iz I°.,ten: — ’1’lie 1°LF.li or the Su urinary Clearing

Officer shall direct the pa‘rties to tile, svitliii: fi fteen (15) days front t12ti tc*rin inati‹in o1’ the pre-
hearing cont'erence, their res{ cctive ver-i Perl positio •r'•is in lieu ‹if' a full bloii•ii hearing
takiiq; into account tlae summat nai'ai-e r›f’ ‹idininistrarive prticeeilings. ’die posiri‹in papers
shalt c‹antain only those charges, defenses and other claims contained iri the affi(!av’iis and
pleadings filed by the 1›arties. z\ ny a‹ldit onal relevant af'fldavits and/ter docu inentary
evidence may be attached by the parties ro ' '"'°• 1' S" ‹"' r•r=' -

Upon receipt of’ the liosition pitpers, affidavits and other pleadings filed, ihe PI.EU or
the SuriMnar,• Hearing Officer may consider time case submitted for resolution. "I'he failure of
any party to submit position paper shall oe com:.sideret1 as a -vaiver rlieretif’,

Section 7. N/ ficafnry IIo‹df‘Jf2ff. — \â iihiii five (S) days from receipt of the position
pay er of rhe 1 arties or’ after t ie expiration of’ the ¡reriod ro file the same, a 1'arty may mo •e or
the Sunnii‹iy* 1-tearing Of“ficer or the PLEB iiiay issue an order, lot the c‹)nduct of a one-time
clari.hcatcry’ hearin8 where the ¡Parties slia!1 be affordc-d the tipporttinity tti he Present and
stibinit written clarificatory questions t e the Summary 1-leari'ng Officer or the PLC*.E which
will determine whether or not :he questions are necessary and relevant to the fact in issue.

"P.iereafter, the Jiarties may stibniit iheir respect i •e proposed dralt decisioii tor the
consideration of the Suininary Hearin¿ t3fficer or rhe l^1 lii in arriving ‹it ils tinrliiigs and
conclusions. "fhe tailure of’ any party ro siibmit the sante sl'iall be Lleeriie‹1 a •æVe7 tliereolî

Section S. N. .â›’rac‹’e of tiunriie/. — .Harries may be assisted by counsel in the

preparatioii and submission of their pleadings r nd during• rite clarif1cat‹iry 1iearin8-

Section 9. Postpoiiein’cot. - !tequesL I f postponement of’ a clarificatGry hearing› may

be granted o‹ily in meritorious cases, such as illness or’ a l;arty or hislher witnesses and/or
other similar unavoidable causes. A request for posiporienieni on the ground of illness shall
be supported by a duly sworn medical certific-ure. Regar‹i1ess of the ground invoked, only one
(I) postponsmenr shall be granteil to each of“ tl.e parties.
 Page 18 of 37

Section 10. Pzohiblu“on or Rc•assignmeiit of Responclent duri‘ng Hie Pc•ndc•ncy ohan

A ’s -aNee E'oso.. — tk respondent Pñ'P 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 knowingly violates this provision shall be
administratively liable for lzzegulari in they pc•r/ozraancr. oZdu .

Section 11. JNerr of L?onipMsozy fiefUmneztr. — The compulsory retirement of the

respondent shall not affect the pendency of his/her administrative case and the award of’
retirement benefits due him/her shall be subject to the tonal disposition of the administrative
case.

The administrative case of a retiring or retired PNP member shall be terminated or

resolved within three (3) months from the effectivity date of his/her retirement. After the
lapse of such period and the case has not been terminated or resolved without justifiable
reason/s and/or without fault or delay attributable to the retired PNP member, the
retirement benefits shall be immediately released to him/her without prejudice to the
outcome of the case.

In rhe event that the respondent who has retired is found guilty and the rcnalty 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 12. Elect of Death. — The administrative case against the respondent who
dies during the pendency thereof must be resolved as follows:

a) In situations where death occiirre‹i while the case is pending investigation:

1) ’the administrative case shoulci not be dismissed when the dcath of

the respondent occurred when the formal investigation reached the
stage where respondent is considered to have been afforded due
process, as when the following concur: 1) respondent was notified of
the complaint/charge against trim/her; and 2) when he has filed an
answer or has waived his/her right to file the same (as this is the
stage when respondent has been afforded the opportunity to explain
his/her side).

2) If the respondent dies before he/she could explain his/her side

through an answer complaint/charge, the administrative case shall
be dismissed on account of the death of the respondent as he/she
cannot be deemed to have been accorded the opportunity to be
heard which is a basic element of due process.

b) In situations where the death occurred after the respondent has pert'ected his/her
appeal betore the Appellate Body, the appeal behalf continue until its final
determination. In che event the deceased respondent-appellant wins the appeal,
material and /or pecuniary benefits arising from the case, if any, shall accrue to
the legal heirs of the deceased r<mpcindent-appellant subject to the Law on
Succession.
 fi'age t9 of 37

Section 13. Records of Proceedings. — The proceedings during the conduct of the
clarificatory 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 ten (10) days from the date of the clarificatory hearing.

Section 14. there See fces oI'Stetio opher Not Available. — In areas and cases, where
the services of a stenographer are not available, a substantial account of the proceedings duly
certified to as correct by the Disciplinary Authority or Summary Hearing Officer shall
suffice.

Section 15. Submission of Reporr. of In extigatinn. — The Summary Hearing Officer,

whenever applicable, is required to submit a r-port of investigation within thirry (30) days
from the date the cease is submitted for resolution which shall contain the findings of facts
and the corresponding recommendation acco' ranted by the complete original records.

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

Section 16. Period to deader Decision. — "f'he Disciplinary Authority shall decide the
ease within thirty (30) days from receipt of the Report of' lnvestigation, or IAS resolution.
With regard to the PLEB, each case shall be decided within sixty (60) days from the time the
case is filed before it.

Section 17. 'orrect oI‘Decis1on. — 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, Lhe findings as established hy the evidence on record, the
conclusion, the applicable laws, rtiles and regulations, jurisprudence, and the disposition
thereof.

Section 18. Respondent FounJ LIab1e• %z an Offense Sep ate and Distinct /.rom
which lie was targerf. — A respondent may be found culpable of an offense separate and
clistinct from that which he was charged: Provided that the acts constituting the offense of
which he was found culpable were alleged in the complaint and the respondent was given
the opportunity to answer.

Section 19. Firmly o/Decision. — The disciplinary action imposed upon a member of
the PNP shall be final and executory: Pzovidecl, that a disciplinary action imposed by the
PNP regional director or by the PLEB involving demotion or dismissal from the service may
be appealed to the RAB within ten (10) days from receipt of the copy of the notice of
decision: Prov:ided, AzrAer, that the disciplinary action imposed by the Chief of the PNP
involving demotion or dismissal may be appealed to the NAB within ten (10) days from
receipt thereof.
 2age20of37

Section z0. lMOLiOn FOR Pf.C'nns1dmntion. — T'he party adversely affected by the
decision may file a motion for reconsideration with the Disciplinary Authority which
rendered the same within ten (10) days from receipt of a copy thereof based on any o1 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; or

c) The decision is not suPF rted by the evidence on record.

A motion fior extension of time to file a motion for reconsideration shall not be
allowed.

The filing of a timely motion for reconsideration shall stay the implementation of the
decision sought to be reconsidered. Only one (1) motion for reconsideration shall be allowed
ari.d the same shall be considered and decided by the Disciplinary Authority within fifteen
(1.5) days from receipt thereof.

Section 21. Ultimate nfNiiia7Jry. — ’Fhe disciplinary authority or appellate body shall
issue a certificate of finality of the decision or resolution finally disposing of the case where
no motion for reconsideration or appeal is filed within the prescribed period.

RUJ..E 18

SERVICE OF s'o’ricEs xsu stJ›ikIONS

Section 1. To whom andf by shozn served. — (a) All notices and summons shall be
served to the r pondent in person by the process server or by registered mail at his/her
official station/last known place of assignment or last known address as stated in his/her
Personal Data Sheet.

(b) If personal service is not possible or when the respondent refuses to receive the
notices or summons, service may be made by leaving a copy of the same with the
Administrative Officer at his official station or with any responsible member of respondent's
household at his last known address provided that if the latter also refuses to receive the
summons or notices, service may be made to the official of the barangay office in thar area.

In all instances, a fieruzzi of5'err?ee by the server shall be made within twenty-four
(24) hours from service to the respondent, either personally or by registered mail.

Section 2. Responsibility of the A‹fraLri1stzatizeKersonneI GHlcer. — The

AdminiStrative/Personnel Officer of a imit, office or station shall compile and keep a
complete record of the latest official residential addresses of all the PNP uniformed personnel
assigned within his area of responsibility; and shall certify the latest official residential
address of any respondent, upon presentation of the process server of the notices and
summons to be served(.
 Page 21 of
37

RULE 19
FILING AND SERVICE OF PLE ¥DIñ'GS, l'ROCESSE,S AND DECISIONS

Section 1. Ji7Ug ofPIeadiiigs. - 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 Cth 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 documents were sent by registered
mail, the date and time of actual receipt shall be the time and date of receipt as stamped on
rhe envelope which is required to be attached to the document as pan of the record.

Section 2. Se ice of' Subpoenas ari‹1 IntezIocuio C)z‹:Iezs. - Subpoenas and other
interlocutory orders shall be served personally in the manner provided for under Rule 18
hereof; Provided however, that if the corr.plainant and/or respondent is represented by
counsel, service of orders to the counsel shall be deemed service to his client.

Section 3. .9ervic'e c›Z Fiaal Ogdens Z Decisions Z Resolutions. — Final orders. decisions
or resolutions shall be docketed before its release by the Disciplinary Authority, IAS or
Appellate Body; arid copies thereof shall be served upon the parties personally or by
registered mail.

Section 4. ImpIeznenmHc›n of Orders Z Decisions Z Res'o1uti“ons II:iirJi Hevr'. Become

Final rind fikeci ro . — Orders, decisions or resolutions which have become final and
executory shall be referred to the l°NP Regional Director or his equivalent supervisor in the
oflice / imit where the respondent is assigned cr the Director, Directorate for Personnel and
Records management (Attention: Discipline, Law and Order Division) for implementation
ithin five (5) days from receipt of the request or order of the Disciplinary Authority or
Appellate Body to implement the same, copy furnished the Director, PNP Finance Service
and the respondent's unit assignment.

The PNP official to whom it is addressed must make the appropriate retzim to the
Disciplinary Authority or Appellate Body indicating the action taken on the referral / order
for implementation. 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 odduy.

Section 5. 1Mainrenanc'e of a N‹rZ•er Book. -- A docket book shall be maintained by the

Disciplinary Authority or US and shall contain, among others, the following: a) date and
time of receipt of the pre-charge investigation report; (b) the case number; (c) the name of
the parties; (d) the offense charged; (e) the Summary Hearing Officer to whom it was
assigned; (f) the date and time of receipt of th• case folder by the Summary’ Hcaring Officer;
(g) the date and time the report of invesLigation of the Summary Hearing Officer was
received by the Disciplinary’ Authority or IAS; (h) the date the decision was promulgated by
the Disciplinary Authority; (i) the date the decision was received by the parties; (j) the date
the decision became final and the issuance of the certificate of finality; (k) the date the
implementing order was issued; (1) the date the motion for reconsideration, if' any, was
received by the Disciplinary Authority; (m) the date the motion for reconsideration, if any,
was resolved by the Disciplinary Authority; (n) the date the notice of appeal, if any, was
rec•ived by the Discipfinary Authority; and (o) other matters relevant ro the case.
 Section 1. How AppeaJ is TaL-en, The oEI'"i1ing. — Appeals Tom the decisions of' the
Disciplinary Authority or Appellate I3ody shail be taken by the party adversely affected by
filing a notice of appeal with the office that rendered the decision or resolution, copy
furnished the other party, wil:hin ten (10) days from receipt of a copy of the decision.

Section 2. Appeal Fee. — The appellant shall pay the prescribed appeal fee, whenever
required, and the proof of payment thereof shaJl be attached to the notice of appeal.

Section 3. Notice of Appeal and memorandum On Appeal. -- (a) A Nerve of Appeal

shall be ftled in three (3) legible copies which shall contain the following: l) 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; 3) the specific Appellate Body to
which the appeal is being taken; and 4) the complete mailing address and contact
information of the appellant or counsel.

The appellant shall submit a memorandum on Appeal in three (3) legible copies
simultaneous with the Notice of Appeal or not later than fifteen (l5) days from the filing of
the notice of appeal, copy furnished rhe other party.

(b) ln all appealed cases, the title of the case shall remain as it was before the
Disciplinary Authority with the party appealing the case referred to as the “appellant” and
the prevailing party as the “appellee”.

Section 4. Disa/.seal of rJie A ppeal. — When the appellant fails to comply with the
requirements provided in Sections 1, 2 and S(a) of this Rule, the Appellate Body shall direct
compliance= thereof within ten (10) days tion receipt of the order with a warning that non-
compliance with the requirements shall be construed as failure to perfect an appeal and shall
cause the dismissal of the appeal with prejudice to its re-filing.

Section 5. Transzo‘ttal of the Records’. — Within fifteen (IS) days from receipt of the
NoLi“ce off ppeal, the concerned Disciplinary Authority shall forward the cc›mplete original
records of the case to the appellate body, wlfich shall be systematically and chronologically
arranged, paged and securely bound to prevent loss of any piece of’ document and evidence
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 ser or.s neglect oFduty'.

Section 6. Docketing of Appealed Cases. - Upon receipt of 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 appeal case niunber and entering the
same, including its original administrative case number, on the docket book for appealed
cases.
 t*age 23 o/ 37

Section 7. Period re Ref or Apyeol. — The RAB and the NAB shall t4ecide the appeal
within sLxty (60/ days mom receipt of rhe complete records of the case.

Section 8. Wlrlidr»ml olA ppeal. — At any time before the appellate body renders its
decision 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

ADNIINIS'1RA'IIVE OFI'ENSES AND PENAL'TIES

RUkE2

orrEx'SES

Section I. O I’eiise•s Punishahle. — The following are the offenses punishable and
defined as follows:

1) N'egIecf of Duty or NozYenmoce — 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 roe PeHârmonce nI" Daly or MlsPeasonce — is the improper

performance of some act which might lawiiilly be done.

3) lfiscooJwr or lfWeasazice — is any wrongtiil, improper or unlawful conduct

motivated by premeditated, obstinate or intentional purpose. lt usually refers to transgression
of some established and definite nile of action, where no discretion is left except where
necessity may demand; it does not necessarily imply corruption or criminal inrenrion.

4) 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;

5) Conrfuct Unbrcomlng oFa Police OFllcer — any act or behavior of a police officer,
irrespective of rank, done in hLs Oiiicial or private capacity which, in dishonoring or
disgracing himself as a police officer, seriously compromises his character and standJg in the
PNP in such a manner as to indicate vitiated or corrupt state of moral character which shows
his ui worthiness to remain in the police service;

6) /ncozryereoce — 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 rhe duties of a police officer;

7) Oppression — imports an act of cruelty, severity, unlawful exaction, domination, or

excessive use of authority. the exercise of imlawful powers or other means, in depriving an
individual of'his property or liberty against his will, is generally an act of oppression; and
 Page2

a) Disloyalty to roe éiovernroezif — consists of the abandonment or renunciation of

one's loyalty to the government of the Republic of the Philippines, or advocating the
overthrow of the government, through overt or covert acts.

Section 2. C“lasslHcaLiori of OH'anses. — .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 u*ay of warnins advise or admonition to a

subordinate or to report a subordinate who 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 witn other law enforcement agencies arid their
personnel;

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 ol“alert levels;

i) 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 prcscribed uniform by reason of rhe exigency of the service;

j) fail to keep an official aprointrr.erit with a complainant, mformer or crime

witnesses ithout lawful justification;

k) fail to submit a kitten 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) 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;

q) fail to respond to a call for assistance;

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

s) fail to report to his superior officer a hazardous condition or dangerous situation;

t) fail to prepare and submit properly written reports within the prescribed period;

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

v) leave h.is post or beat before the end of tour of duty or leave without the required
turn over to the incoming duty personnel:

w) any other omission or refusal, ithout sufficient excuse, to perform an act or duty
that is analogous to the foregoing.

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 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 dri•ze marked or unmarked polic-e

vehicles;

e) interfere or obstruct rhe work of other members or change the assignment or tour
of duty of subordinates not belonging to his unit/office;
 T'age 26 cr37

f) be ‹it•1ayt•.d unnecessarily in attenc1ii.g to or in performing a duty;

g) delay in responding to a ca111‘or assistance;

h) any other improper perforrnanc‘e of an act or duty that is analogous to the

foregoing.

3) Simple 4Iisconduct — snall include but not limited to they. following:

a) fail to salure officials, dignitaries, supet ior oI'ficers a net other officials entitled
thereto or the national colors during the playing of the national anthem;

b) fight, threaten or quarrel with ar}• member of the police force; provicled, t hat
when the member being cliallen ,ed or threatened is one of n iglier rank, the
charge shall be that of Grave Nlisconducr;

c) read newspaper, books or periodicals while in u.n.iform and on street duty;

d) be unt idy or couth in his personal appearance and behiiVc“ in an u"bentlemanly or

undignified manner;

e) fail to i'ecognize and satisfy any jus' ‹iebt clue ro a private individual;

solicit attorneys, bondsmen or guaru.ntors foi arrested or confined persons;

g) fail ro be home or to be at the .race of confinement without legitimate reason

after leaving been reported sick cir cr:ffc•ring injuries;

h) use rule or insulting languagc or exhibit similar rudeness to the public;

i) fail to report for record with the Coirip1aint or Desk Officer a case prior to irs
investigation;

j) allow or tolerate icllers, fixers or persc›ns of cjuestionable character to stay or loiter

in lits office, posr or place of assignment without any legitimate reastin or purpose;

k) fail to maintain cleanliness arif. orderliness in his office, premises, post or

surroundings;

l) use official forms, letterheacls, seals and sramps privately or in violation of

protocol: provided, that w•hen they are used for committing fraud or dishonesty,
the charge sliall be Gram:e fiIiscond‹uct;

m) be founci to have the odor or smell of alcohol on lais breath w‘hile on duty, or
possesses alcoholic beverages on his person, police vehicle, post or office;

n) make or conduct unauthorized solicitations of contributions from subordinates or

private persons.
 i'age 27 of 37

o) commit any act or omission that constitutes a crime punishable under rhe Revised
Penal Code or special laws where the duration of the imposable penalty is
imprisonment of one (1) day to thirty (30) days.

4) Simple Dishonesty — includes (a) dishonest acrs that did not cause damage or prejudice
to the government as well as those with no direct relation to or do not involve the
duties and responsibilities of the respondent; (b) dishonest acts that did not result in
any gain or benefit to the offender, and where the information falsified is not related
to employment in case of falsification of official document.

B. LESS GRAVE OFFENSES

1) Less Grave Neglect of Duty — shall incluiie brit not limited to the following:

a) fail to execute lawful orders from higher authority or rolerace 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 m•enty-four (24) hours;

c) fail to take 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 surerior 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;

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 ‹ar for the recovery of'sto1en property;

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

fail to turn in the used TCT or TOP together with confiscated driver's license at
the end of his tour of duty or within rwenty-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 wit:nessed by

or reported to him which calls for immediate police action;

j) fail to properly patrol his beat, sector or post, fail to take appropriate action
concerning vice conditions in his beat and/or give written report of the same to
his superior;
 Page 28 ot 37

k) fail to reporr 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 rhe order of a court of competent jurisdiction;

m) willfully violate ofiice regulations anal/or refuse or neglect to comply with said
provisions;

n) sleep on his post w hile 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 (S)
days but not exceeding fifteen (l 5) days.

2) Less Grave Irregularity in the Performance of Duty shall include but not Iimited to
the following:

a) apply for and serve a search or seizure warrant in arty establishment or rrivate
house without the knowledge or approval of the Chief of Police or his superior
officer;

b) use traRic violation rerorts which are not duly validated by the L.and
Transportation Office (LTO) or the Metro Xlanila Development Authority
(KIMD/¥) or the city or municipal government;

c) rise trfific violation reports duly validated by rhe L,TO, MMDA, or city/municipal
government but are not issued ro him for traffic enforcement work;

d) use the official insignia, markings and seal of the police force in any privately
owed vehicle, without the authority of the Chief of Police or superior officer;

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

Grave Misconduct — shall include but not limited ro the following:

a) rake advantage of his Position by procuring goods and commodities at a losing

price to an unUlling 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 anti in recognizable police uniform;

d) maliciously intrigue against rhe honor of a co officer, or indulge in idle gossip or

spread rumors that tend to discredit a PNP member;

e) exhibit marked discourtesy in the course of official duties or use profane or

insulting language to any superior officer;
 Page 29 of 37

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 arproval of the authorities
concerned;

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

i) commit any act or omission that comsritutes a crime puriishable under the Revised
Penal Code or special laws where the duration of the imposable penalty is
imprisonment o1 one (1) month and one (1) day to six (6) months.

4) Less brave Dishonesty — involves circumstances wherein the dishonest act caused
damage and prejudice to the government chat is not so serious as to qualify under
Cirave Dishonesty, and wherein the respondent did not take advantage of his or her
position in committing the dishonest act.

C. GRAVE OFFENSES

1) C rave N*eg1ect 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
loreign heads of state;

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 in need of urgent medical or surgical attention;

g) fail to quell a disturbance or to protect a persor from death or injury when able to
doso;
 t'age 30 of 37

h) fail to help a brother peace officer in apprehending or arresting a violaror who

resists, or in subduing one assaultirig 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, without justifiable excuse, 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 fTOHi the
service shall be imposed;

j) absent oneself from office without naving 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) Grave Irregularity in the Performance of Duty — 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 Election;

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

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 thorougMare 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;

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

g) countermand any lawfiil 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 of proper jurisdiction.
 Page 31 of

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, giii 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 reÎü se to report for duty in order to secure charges 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 perdons with whom the PNP
office has business relations;

e) solicit or accept directly or indirectly, any gift, graniity, 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 determinerl by its value, kinshiP, or relationship between the
giver and receiver and the motivation. A thing of monetary value is one which is
evirlently or materially excessive by its very nature;

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, conuol, 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;

publicly consort with women of ili repute and/or scandalously cohabit with or
maintain a Gfe 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 citauon ticket or temporary
operator's permit issued in lieu thereof;

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

q) act as mediator or fixer for the retwTn 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 where the duration of the imposable penalty is
imprisoiunent of not lower than six (6) months and one (1) day.

4) Grave Dishonesty involves the presence of any one of the following attendant
circumstances (a) the dishonest ac t caused serious damage and grave prejudice to the
government; (b) the respondent gravely abused his authority in order to commit the
dishonest act; (c) where die respondent is an accountable officer, the dishonest act
directly involves property, accountable forms or money for which he is directly
accountable and the respondent show's an intent to commit material gain, graft and
corruption; (d) the dishonest act exhibits moral depravity on the part of the
TeSpondent; (e) the respondent employed fraud or falsification of official documents
in the commission of die dishonest act related to lits or her employment; (f) the
dishonest act was committed several times or in various occasions; or (g) the dishonest
act involves a NAPOLCOM examination irregularity or fake NAPOLCOM eligibility
such as impersonation, cheating and the like.

5) Conduct Unbecoming of a Po1ic!e Officer as defined in Section 1 (item 5) of Rule 21.

Incompetence as defined in Section 1 (item 6) of Rule 21.

7) Oppression as defined in Section 1 (item 7) of Rule 21,

9) Disloyalty to the Government as defined in Section 1 (item 8) of Rule 21.

RULE 22

PENALTIES

Section 1. ImposabIe Penalties. - The following are the penalties that may be
imposed in poiice administrative cases:

a) Reprimand;
b) Withholding of privileges;
c) Restriction to specified limits;
d) Restrictive custody;
e) Forfeiture of salary;
f) Suspension;
 g) any combination elf r•na1tiesunder Section 1, subparagi aphs (a) to (f), except (e)
and (f) vVhich are incompatible penalties;
h) One (1) rank demotion;
i) Dismissal front the service

Section 2. Nai ge of Prnalf/es. The pena Ities for light:, less grave angrd ave
offenses shall be made in accordance with the following ranges:

For I.ight Offenses:

a) Reprimand for the first offense

b) \Vithho1ding of pri› ileges; restriction to specified limits; restricti •e custody;

susp nsion or forfeiture of sa1aq•; or any combination thereof from one (1) day to
ten (10) days (inin1'rnwn):

c) W*ithholding of privileges; rcstriction to specified limits; restrictive custody;

suspension or forfeiture of sa1aq•; or arly combination thereof from eleven (11)
days to r x'enty (20) days (meet/um);

d) \Vithho1ding of privileges; restriction to specified limits: resti-ictix•e custody;

suspension or forfeitures of sa1ap)r; or any combination thereof from tv•enty one
(21) daj s to thirty (30) tlays (maximt'ni)

For Less Grace Oft'enses:

a) X\*ithlio1ding of’ privileges; restriction to specified limits; restrictis:e custody;

suspension or forfeiture of salary; or any combination thereof from thirty-one (31)
days to forty (40) days (znioizrium ,

b) \Vithholding of privileges; restriction to specified limits; restrictive custody;

suspension or forfeiture of salary; or any combination thereof from forty one (41)
days to fifty (50) days (neNiu i);

c) U*ithlio1ding Of privileges; restriction to specifiecl limits; restrictive custody;

suspension or forfeiture of salary; or any combination thereof from files-one (51)
da}*s to fifty nine (5°9) days (max/mi'zrJ).

For Gra *e Offenses:

a) Sixty (60) days to Six (6) months suspension (iniiUmiiin),

b) Cone (1) rank demotion (medium);
c) (dismissal front the service (rn Umum).

Section 3. /rimar/os in roe lms osirioii of’7’enoh1es. — In case of forfeiture of salary

that amount shall not exceed the equivalent of one (l) month salary.

"fire penalty of “tVllliholcling o/NriW7eges“shall be confined to deferment of vacation

leave privileges, participation in training grants or programs and suc)i other similar privileges
normally enjoyed by civil service employees.
 Section 4. IU it goting snd Apgra matte g Circumstances. — In the determination of
penalties to be imposed, the following circurnsi.ances shall be considerecl:

a) awards and commv•.ndations;

b) employment of fraudulent means to commit or conceal the offense;
c) first offense;
c1 good faith;
e) illness;
intoxication;
8) length of service in the government;
h) offen.se is committed ciuring office f.ours;
i) offense is committed in consideration of a price or reward;
j) offense is committed in cooperation with cwo (2) or metre }aersons;
k) ofi'ens-e is committed within the premises of' the s verninent office or builcling;
1) recidivist;
m) repeatedly chargecl.
n) taking advantage of official position:
o) taking undue adv-antage of subordir.ate;
p) use of gox•ernment property in the commission of" the offense;
q) utilizing minor in the commission or the offense;
r) when the victim is a minor, feeble minded or physically disabled;
s) analogous circumstances

Section ñ. Guldel“ries in the Applicatlori o/’Peer/tie.s. — The impc›sition of the penalty

shall be made in accordance wirh the manner herein below provided:

a) Like penalties shall be ii•r sed for like oil'enscs and only one pena1ry• shall be
imposed for each case. ”6iicñ ‹.use” means one administrative case which may
involve one or more charges or counts.

b) "l“he minimum period of the penaity shall be imposed where only mitigating and
no aggravating circumstances are present.

c) 'I he medium period of“ the penalty shall be imposed vhere no mitigating and
aggravating circumstances are present.

"Phe maximum period of the penalty shall be imposed where only aggravating and
no mitigating circumstances are present.

e) kVhere aggravating and mitigating circurrlstances are present, rule (b) shall be
applied where there are more miLipoating circumstances present; rule (c) shall be
applied where the circumstances ec|ually of-set each other; rule (d) shall be
applied when there are more aggravating circurristances.

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 cottnt
and the rest shall be considered as a gravating circumstanc.es.

g) In the appreciation of any mitigating circumstance iii favor of the respondent the
 Page 35 of

same must be invoked by him while any aggravating circumstance shall be

considered against him if the same is alleged or pleaded by the party concerned,
otherwise, such circumstances shall not be considered in the determination of the
penalty to be imposed.

Section 6. A ?miziisrraNre Disability /o/2erei2r in terrain 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 retirement benefits,
and the disqualification for re-employment in the government service;

b) The penalty of demotion shall entail appointment to the next lower rank,
regartiless of mode of entry into the PNP, with the corresponding diminution of salary and
disqualification for promotion and withholding of privileges for the calendar year;

c) The penalty of suspension, which consists in the temporary separation or cessation

of work of I:he 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;

d) 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

NIISCELLANEOUS PROX*1SIONS

Section 1. Authors to Adiainfstez Oath. — In addition to the officials who, under

existing laws are authorized to administer oaths, officers designated to conduct pre-charge
investigation and summary 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 Subyoc•no Ad Fesr?fcandum and ,S'ubpoena Duces

Te‹•uin. — The disciplinary authorities, IAS and their Summary hearing Officers shall have
the authority to issue subpoena ad testificandum and subpoena duces tecum, only in relation
to the investigation of the administrative cases assigned to them.

Section 3. Mom:fly Rc•port. — Within the first week of each month all Disciplinary
Authorities, IAS and Appellate Rodies are required to submit a report for the preceding
month to the regional office of the NAPOLCOM\4 or the Commission en Banc, furnishing a
copy thereof their respective head of office, indicating the following data / information: (a)
List of newly filed / received or raffied cases, revived, reinstated case, or cases transferred /
referred or re-rattled from other office / officers; (b) Lisr of investigated, heard, resolved /
decided, or pending cases; (c) List of cases transferred / referred or re-rallied 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. Elect ohm Peadiag Case. — Pendency of an administrative case before any
of the administrative Disciplinary Authorities, IAS or Appellate Bodies shall not be a bar to
;O emotion nor a disqualification to undergo mandatory training.

Section S. Issuance of Clearance Z CemiScation. — Any Disciplinary Authority, L'vS o::

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 th.•.
request.

Section 6. Appeazance and Submission of PleadNgs by Lawyers. - The Disciplinary

Authority or IAS shall require all the practicing lawyers to indicate in the pleadings filed
before it, the number and date of issue of their Mandatory Continuing Legal Education
(MCLE) Certificate of Compliance or Exemption as may be applicable pursuant to Bar Matter
No. 1922, approved by the Supreme Court En Bank in its Resolution dated June 3, 2007.
Failure to disclose the required information would cause the denial of further appearance
and admission of the pleadings of the concerned lawyer. All government lawyers appearing
before any Disciplinary Authority or IAS shall be required to present their authority to
practice for the particular case for which they are entering their appearance, otherwise, such
appearance and any pleading submitted for any of the parties shall not be allowed.

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 and 2007-001 are repealed. All other NAPOLCOM
issuances or portions thereof inconsistent with this Memorandum Circular are hereby
superseded or modified accordingly.

Section 2. App1icat1’Do ro Pending Cases. - These Rules shall apply to pending

administrative investigations/cases with the different Disciplinary Authorities, Appellate
Bodies and IAS in so far as practical or applicable, Provided however, that the offenses and
penalties reclassified under these Rules shall have retroactive effect insofar as they are
favorable to the respondent

Election 3. Penal Clause. - Any public official or employee who violates any of the
provisions in this Grcular shall be dealt with accordingly.

Section 4. Separabillty Clause, - Any portion of this Memorandum C.ircular

inconsistent with the organic law or declared unconstitutional shall not affect the validity of
the other provisions.

Section 5. E1Teci:ivity C'1ause. — This Memorandum Circular shall be effective after

fifteen (15) days following the completion of its publicauon in at least two (2) newspapers ot
general circulation nationwide.

Issued this '^ '" at Quezon City.

 MEL S ' SARMIENTO
Secretary, DILG
Chairman, NAPOLCOM

EDUARDO U. ESCUETA
Commissioner
Vice Oiairman and Executive Officer

.PALMERA ANDRO1.URRO
Commisdonei

CONSTAN P. DE GUZMAN PDG

Ad ynA
,Secre'