Who is a Police Officer - a Man in Uniform?
impeachment or over Members of Congress,
The man in uniform belongs to the elite
in public service. His eminent credential is his
loyalty to the Constitution, the flag, his country
and his people. He is the guardian against
external and internal aggression. He is a man of
honor and courage. He is a gentleman. He is
given arms to insure his capability as an
instrument of peace. When he is drafted in the
Police or Armed Forces he becomes a peace
officer, a law enforcer, a law man. Respect for
the law is his article of faith.
However, when he wavers and fails to
live up to the highest standard of fidelity to his
country and people, when he defies authority
and discipline, when he commits offenses or
when he turns against the very people and
government he is sworn to protect, he becomes
an outlaw and disgrace to his uniform. The
State has the right to hold him to account for
his transgressions and to see to it that he can
not use the awesome powers of his status to
jeopardize the security and peace of the
citizenry.
Due Process
A law which hears before it condemns,
which proceeds upon inquiry and renders
judgment only after trial.
Simply requires that persons or things similarly
situated should be treated alike, both as to
rights conferred and responsibilities imposed.
Officials Subject To Disciplinary Authority of the
Office of the Ombudsman; Exceptions
The Office of the Ombudsman shall
have disciplinary authority over all elective and
appointive officials of the Government and its
subdivisions, instrumentalities and agencies,
including Members of the Cabinet, local
government, government-owned or controlled
corporations and their subsidiaries, except over
officials who may be removed only by
and the Judiciary.
Jurisdiction
Kinds of Jurisdiction
Original power of the tribunal to take
cognizance of a case at its inception or
commencement.
Exclusive authority of the tribunal to
take cognizance of a case to the
exclusion of all other courts.
Concurrent authority granted to two
or more tribunals to take
cognizance of particular cases.
Appellate power vested in a superior
tribunal to review and revise, reverse,
modify or affirm the judicial
action of a lower court.
Delegated jurisdiction which the
tribunal may assign to
another Office by statutory authority.
Jurisdiction and Venue Distinguished
a) Jurisdiction is the authority to hear and
determine a case; venue is the place where the
case is to be heard or tried;
b) Jurisdiction is a matter of substantive law;
venue, of procedural law;
c) Jurisdiction establishes a relation between
the court and the subject matter; venue, a
relation between plaintiff and defendant, or
petitioner and respondent; and
d) Jurisdiction is fixed by law and cannot be
conferred by the parties; venue may be
conferred by the act or agreement of the
parties.
Immutability of Judgment
A decision that acquired finality
becomes immutable and unalterable and may
no longer be modified in any respect even if the
modification is meant to correct erroneous
conclusions of fact or law and whether it will be
made by the court that rendered it or by the
highest court of the land .
NAPOLCOM Memorandum Circular
No. 2007-001
The Uniform Rules of Procedure
Before the Administrative Disciplinary
Authorities and the Internal Affairs Service of
the Philippine National Police
Issued: March 6, 2007
Effectivity Date: April 21, 2007
Construction
Rules shall be liberally interpreted or
construed :
a) To attain just and expeditious
disposition of cases; and
b) To ensure public accountability and
discipline in the police service.
Nature of Proceedings
Investigation and hearing of administrative
cases:
a) Summary in nature;
b) Not covered by the technical rules of
procedure and evidence applicable in
judicial proceedings; and
c) Civil Service Law, rules and regulations
and the Revised Rules of Court are
suppletorily applicable.
Principle of Exclusivity/Exclusiveness of
Jurisdiction
Complaint/case shall be heard
exclusively by the disciplinary authority
which first acquired original jurisdiction.
Offenses each carry higher or lower
imposable penalty shall be referred to
appropriate disciplinary authority.
Decision rendered by disciplinary
authority without jurisdiction is void
and not a bar to the filing of a new
complaint.
Violation of the rule constitutes serious
irregularity in the performance of duty.
Certification of Non-Forum Shopping
1) Complainant has not filed a complaint
involving same cause of action in other
disciplinary authority, IAS or Ombudsman;
2) No complaint is pending before any other
disciplinary authority, IAS or Ombudsman;
3) If there is any such complaint, either pending
or terminated it must be declared by the
complainant; and
4) If complainant learns later that a similar
action or proceeding has been filed or is
pending, the same must be reported within five
(5) days from knowledge
Res Judicata/Bar by Prior
Judgment; Requisites
Final judgment or order;
Disciplinary authority who rendered
the same must have jurisdiction
over the subject matter or parties;
It must be a judgment on the
merits; and
There must be between the two
cases, identity of parties, subject
matter and cause of action.
Classification of Administrative Complaints
Cases
A) Citizens Complaints
B) Breach of Internal Discipline
C) Summary Dismissal Cases
CITIZENS COMPLAINTS
It is a formal charge initiated by a
natural or juridical person or his 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.
 Disciplinary Authorities: Director, Police District Office,
1. city or municipal mayors; National Capital Region Police
2. chiefs of police or equivalent Office.
supervisors; In case the head of the various
3.provincial directors or equivalent levels of command is an officer-in-
supervisors; charge, he may conduct
4. regional directors or equivalent investigation and submit his
supervisors; recommendation to the next higher
5. People's Law Enforcement Board disciplinary authority.
(PLEB);
6.Chief of the PNP; National Police Appellate Bodies
Commission En Banc (NAPOLCOM);
Regional Appellate Board (RAB)
Equivalent Supervisors - PNP Officers National Appellate Board (NAB)
occupying positions/designations Secretary of the Department of the
equivalent to that of Chief of Police, Interior and Local Government (SILG)
Provincial Director and Regional Director Civil Service Commission (CSC)
who are vested with disciplinary authority
over personnel of their respective offices, REGIONAL APPELLATE BOARD
charged with minor offenses involving Composition
breach of internal discipline as provided 1) Senior Officer of the Napolcom
under Section 41 (d) of R.A. 6975, as
regional office as Chairperson;
amended.
2) PNP representative member;
For purposes of these Rules, the 3) Regional Peace and Order Council
following are considered supervisors representative member
equivalent to the Chief of Police, Provincial
Director and Regional Director, Jurisdiction of the RAB
respectively: 1) Decisions of the PLEB where the penalty
1. The supervisor equivalent to the imposed is demotion or dismissal from the
Chief of Police shall include: service;
Group Director,
2)Decisions of the PNP Regional Director or
Provincial Mobile Group.
equivalent supervisor, where the penalty
2. The supervisors equivalent to the imposed is demotion or dismissal from
Provincial Police Director shall include the the service;
following: 3) Decisions of city and municipal Mayors in
Group Director, Regional Mobile cases falling within their respective
Group; jurisdictions; and
Chief of the Regional Unit of 4) Disciplinary recommendations of the
Administrative and Regional IAS which were not acted upon by the
Operational National Support PNP Regional Director or equivalent
Units;
supervisor within 30 days from
3. The supervisors equivalent to the
submission by the Regional IAS, where the
Regional Police Director shall include the recommended penalty is demotion or dismissal
following: from the service.
Director, PNP Administrative
National Support Unit;
Director, PNP Operational National
Support Unit;

NATIONAL APPELLATE BOARD
Composition of the National Appellate Board
(NAB)
o -Four (4) regular commissioners.
o -Chaired by the Vice Chairperson and
Executive Officer.
Cases falling within the jurisdiction of
Napolcom:
a) If committed in Metro Manila - with IMIS
or Napolcom-NCR.
b) All other cases, complaints in the Regional
Office having jurisdiction where the
offense was committed.

Jurisdiction of the NAB Transfer of Venue

1) Decisions of the Chief, PNP where the
penalty imposed is demotion or dismissal from
the service;
2) Disciplinary recommendations of the
Inspector General, IAS that were not acted upon
by the Chief, PNP within 30 days form
submission by the Inspector General, IAS,
where the recommended penalty is
demotion or dismissal; and
3) Decisions of the Inspector General affirming
the Resolution of the regional IAS
dismissing the complaint for lack of probable
cause.
APPELLATE JURISDICTION OF THE SECRETARY
OF THE INTERIOR AND LOCAL GOVERNMENT
(SILG)
Grounds :
1. When any of the parties is exerting efforts to
harass, intimidate, coerce or unduly influence
the other party, his witnesses or
immediate members of the family to withdraw
the complaint or retract their statements;
2. When there is imminent and direct threat to
the life and limb of any of the parties so as to
frustrate the successful investigation of
the administrative case;
3. When any of the parties is harmed the cause
of which or motive is closely related to the
pending case; or
4. To better serve the ends of justice.

Decisions of the National Appellate Board

(NAB) and Regional appellate Board (RAB).

APPELLATE JURISDICTION OF THE CIVIL

SERVICE COMMISSION

a) Decisions of the (SILG);

b) Decisions of Napolcom en banc as
summary dismissal authority.

Venue
- is the Office where the complaints should
be filed.

Administrative complaints should be filed

before the disciplinary authority/IAS, having
territorial jurisdiction, where the offense was
committed.