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INTERNAL DISCIPLINARY

MACHINERY OF THE PNP

Discipline is the bridge


between goals and
accomplishments.
Jim Roth

References
1. Pertinent Provisions of RA
6975, as amended by RA
8551 and further amended
by RA 9708;
2. LOI Patnubay II and its
IMPLAN on the Investigation
and Prosecution Aspect

References
3. NAPOLCOM Memorandum
Circular No. 2007-001
Uniform Rules of Procedure
before the Administrative
Disciplinary Authorities and the
Internal Affairs Service of the
Philippine National Police

Sequence of
Presentation
I.

Administrative Disciplinary
Machinery (Legal Basis)
- RA 6975, as amended by 8551 and
further amended by RA 9708
II. LOI PATNUBAY II
- Conceptual Framework
- Organizational Chart Task Force
Patnubay II

Sequence of
Presentation
III. UNIFORM RULES OF ADMIN
PROCEDURE

PART 1
Administrative Disciplinary
Authorities, Internal Affairs Service
(IAS), Appellate Bodies and their
Respective Jurisdictions

Sequence of
Presentation
III. UNIFORM RULES OF ADMIN
PROCEDURE

PART 2
Conduct of Formal Summary Hearing
PART 3
Administrative Offenses and Penalties

PART 1
Administrative Disciplinary
Authorities, Internal Affairs
Service (IAS), Appellate
Bodies and their Respective
Jurisdictions

ORIGINAL JURISDICTION

Citizens complaint
Breach of internal discipline
Summary dismissal powers of the
NAPOLCOM, Chief,PNP and PNP
Regional Directors
Internal Affairs Service

Citizens Complaint
Withholding of privileges; restriction to
specified limits; restrictive custody;
suspension or forfeiture of salary; or any
combination thereof.
Disciplinary Authority
(DA)

Jurisdiction based on
impossable penalty

a) Chiefs of Police or
Directors of City Police
Offices

total period not


exceeding fifteen (15)
days

b) Mayors of Cities and


Municipalities

not less than 16 days but


not exceeding 30 days

c) Peoples Law
Enforcement Board

period exceeding 30
days; demotion or by

Citizens Complaint
Disciplinary
Authority (DA)
d) Provincial or
Regional Internal
Affairs Service (IAS)

Jurisdiction
All other citizens
complaints against PNP
members, who are not
assigned in the
municipal station or
city police
office/station or in
areas where no PLEB is
organized where
offense was committed.

Provided, that the jurisdiction of the


summary dismissal authorities shall not

Breach of internal
discipline
admonition; reprimand; restriction to
specified limits; withholding of privileges;
suspension or forfeiture of salary; or any
combination
Disciplinary Authority
(DA)

Jurisdiction based on
impossable penalty

a) Chiefs of Police or
Directors of City Police
Offices

total period not


exceeding fifteen (15)
days

b) Provincial Directors
or Equivalent
Supervisors

total period not


exceeding thirty (30)
days

c) Regional Directors or

total period shall not

Breach of internal
discipline
Disciplinary
Authority (DA)
d) Chief of the PNP

Jurisdiction based on
impossable penalty
dismissal from the
service; demotion;
suspension or forfeiture
of salary or combination
thereof for a period not
exceeding one hundred
eighty days (180) days.

The C,PNP has the authority to place police


personnel under restrictive custody during
the pendency of a grave administrative or
criminal case against him.

Internal Affairs Service


Powers and Functions:
a)
Proactively conduct inspection and
audits on PNP personnel and units;
b) Investigate complaints and other
evidence in support of open
investigation;
c)
Conduct summary hearing on PNP
members facing administrative
charges;

Internal Affairs Service


Powers and Functions:
d)
Submit periodic report on the
assessment, analysis and evaluation
of the character and behaviour of PNP
personnel and units to the C,PNP and
the NAPOLCOM;
e)
File appropriate criminal cases
against PNP members before the
court as evidence warrants and assist
in the prosecution of the case; and

Internal Affairs Service


Powers and Functions:
f)
Provide assistance to the Office of
the Ombudsman in cases involving
the personnel of the PNP.

Internal Affairs Service


Jurisdiction The IAS shall conduct
motu proprio investigation on the
following cases or/ incidents where:
a)
police personnel discharges a
firearm;
b)
death, serious physical injury, or
any violation of human rights
occurred in the conduct of police
operation;

Internal Affairs Service


c)

d)

e)

Jurisdiction
evidence was compromised,
tampered with, obliterated, or lost
while in custody of police
personnel;
a suspect is in custody of the
police was seriously injured; and
established rules of engagement
have been violated.

Summary Dismissal Powers


of the NAPOLCOM; C,PNP
and PNP Regional Directors

a)

b)

Summary Dismissal Case


Charge is serious and evidence of
guilt is strong;
Respondent is a recidivist or has
been repeatedly charged and there
are reasonable grounds to believe
that he is guilty of the charge

Summary Dismissal Powers


of the NAPOLCOM; C,PNP
and PNP Regional Directors

c)

Summary Dismissal Case


Respondent is guilty of serious
offense involving conduct
unbecoming of a police officer;
and

Summary Dismissal Powers


of the NAPOLCOM; C,PNP
and PNP Regional Directors

d)

Summary Dismissal Case

When any member or officer has


been absent for a continuous period
of 30 calendar days or more:
Provided, that where dropping from
the rolls (DFR) as a mode of
separation from the service, he/she
can no longer be charged for Serious
Neglect of Duty arising from absence
without leave (AWOL) and vice-versa.

Summary Dismissal Powers


of the NAPOLCOM; C,PNP
and PNP Regional Directors
Where to file?
a) PNP Regional Directors
b) Chief of the PNP; and
c)
The NAPOLCOM En Banc

Appellate Jurisdiction

Regional Appellate Board (RAB)


National Appellate Board (NAB)
Appellate Jurisdiction of the
Secretary of the Interior and Local
Government (SILG)
Appellate Jurisdiction of the Civil
Service Commission
*Refer to flow charts

PART 2

Conduct of Formal
Summary Hearing

*Refer to flow chart

PART 3

Administrative Offenses
and Penalties

Punishable Offenses
1. Neglect of Duty or Nonfeasance
is the omission or refusal, without
sufficient excuse, to perform an act or
duty, which it was the peace officers
legal obligation to perform; implies a
duty as well as its breach and the fact
can never be found in the absence of
duty.

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

Punishable Offenses
3. Misconduct or Malfeasance is
any wrongful, improper or unlawful
conduct motivated by premeditated,
obstinate or intentional purpose.
It usually refers to transgression
of some established and definite
rule of action, where no discretion is
left where necessity may demand; it
does not necessarily imply
corruption or criminal intention.

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

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

Punishable Offenses
6. Dishonesty is the concealment
or distortion of truth in a matter of
fact relevant to ones office, or
connected with the performance of
his duties.

Punishable Offenses
7. Disloyalty to the Government
consists of the abandonment or
renunciation of ones loyalty to the
government of the Philippines, or
advocating the overthrow of the
government, through overt or
covert acts.

Classification of
Offenses
Light Offenses
Less Grave Offenses
Grave Offenses

*(refer to your notes)

Imposable Penalties
1.
2.
3.
4.
5.
6.

Withholding of privileges;
Restriction to specified limits;
Restrictive custody;
Forfeiture of salary;
Suspension;
Any combination of penalties
under sec. 1, subparas a to e (refer
to your notes)

7.
8.

One (1) rank demotion


Dismissal from the service

Range of Penalties
FOR LIGHT OFFENSES
Withholding of privileges;
restriction to specified limits;
restrictive custody; suspension or
forfeiture of salary; or any
combination thereof
Minimum Period: 1 to 10 days
Medium Period : 11 to 20 days
Maximum Period: 21 to 30 days

Range of Penalties
FOR LESS GRAVE OFFENSES
Withholding of privileges;
restriction to specified limits;
restrictive custody; suspension or
forfeiture of salary; or any
combination thereof
Minimum Period: 31 to 40 days
Medium Period : 41 to 50 days
Maximum Period: 51 to 59 days

Range of Penalties
FOR GRAVE OFFENSES
Minimum Period: 60 days to 6
months suspension
Medium Period : One (1) rank
demotion
Maximum Period: Dismissal from
the
service

Limitations on
Penalties

Forfeiture of salary amount shall


not exceed equivalent of 1 month
salary
Withholding of privileges shall
be confined to deferment of vacation
leave privileges, participation in
training grants or programs and such
other similar privileges normally
enjoyed by civil service employees

Mitigating
Circumstances
1.
2.
3.
4.
5.

illness;
good faith;
length of service in government;
awards and commendations; and
analogous circumstances.

Aggravating
Circumstances
1.

2.

3.

4.

taking advantage of official


position;
taking undue advantage of
subordinate; and
use of government property in
the commission of offense;
repeatedly charged;

Aggravating
Circumstances
5.

6.

7.
8.

offense is committed during


office hours and/or within the
premises of the government
office or building;
employment of fraudulent means
to commit or conceal the offense;
Intoxication;
being recidivist;

Aggravating
Circumstances
9.

10.

11.

12.

13.

Offense committed in consideration of


price or reward;
When the victim is minor, feeble
minded or physically disabled;
When offense is committed in
cooperation with two (2) or more
persons;
Utilizing minor in the commission of the
offense; and
analogous circumstances

Guidelines in the
Application of Penalties
a)

b)

Like penalties shall be imposed for like


offenses and only 1 penalty shall be
imposed for each case. Each case
means 1 admin case which may
involve 1 or more charges or counts.
The minimum period =only mitigating;
no aggravating circumstances
present.

Guidelines in the
Application of Penalties
c)

d)

e)

The medium period = no mitigating


and no aggravating circumstances
The maximum period = no mitigating;
only aggravating circumstances
aggravating + mitigating = Rule (b) if
more mitigating circumstances
present;
aggravating offsets mitigating =Rule
(c ) applies; more aggravating
circumstances = Rule (d)

Guidelines in the
Application of Penalties
f)

g)

If respondent is guilty of 2 or more


charges or counts, penalty = that
corresponding to more serious charge
or count, rest shall be considered
aggravating circumstances.
Mitigating and aggravating
circumstances must be invoked or
pleaded, otherwise it shall not be
considered.

Thank you for


your attention!