Module 1.
3 PNP Disciplinary Mechanism
PNP DISCIPLINARY
MECHANISM
IOBC
Module 1.3 PNP Disciplinary Mechanism
Lesson Goal
The lesson aims to instill awareness to the
participants of the PNP Disciplinary Mechanism
IOBC
Module 1.3 PNP Disciplinary Mechanism
Scope of Presentation
Identify who is a Police Officer
References governing PNP Administrative Disciplinary
Mechanism
PNP Disciplinary Law and Order general provisions
Jurisdiction of Cases Procedures to be observed at the
NHQ, Regional and NSU level regarding citizens
complaint
IOBC
Module 1.3 PNP Disciplinary Mechanism
Scope of Presentation
Summary dismissal powers of the NAPOLCOM, Chief,
PNP and the Regional Directors
Commencement of a complaint
Pre-charge evaluation procedure
Summary hearing procedure
Offenses punishable and the imposable penalties
Different administrative remedies
IOBC
Module 1.3 PNP Disciplinary Mechanism
Who is a Police Officer?
IOBC
Module 1.3 PNP Disciplinary Mechanism
A Police Officer a man
in uniform
The man in uniform
belongs to the elite in public service.
... He is a gentleman. He is given arms
to insure his capability as an instrument
of peace.
However, when he wavers and fails to
live up to the highest standard of
fidelity to his country and people,
IOBC
Module 1.3 PNP Disciplinary Mechanism
A Police Officer a man
in uniform
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 cannot use the awesome powers of
his status to jeopardize the security and
peace of the citizenry.
Abadilla vs. Fidel Ramos
G.R. 79193, 1 Dec. 1987
IOBC
Module 1.3 PNP Disciplinary Mechanism
References Governing Admin Disciplinary Mechanism
Revised Rules on Administrative Cases in the
Civil Service (RRACCS)
- applies to NUP
NAPOLCOM Memorandum Circular No. 2007-001
- applies to all members of the PNP (PCOs and
PNCOs) before the different administrative
disciplinary authorities and the Internal Affairs
Service.
IOBC
Module 1.3 PNP Disciplinary Mechanism
References Governing
Admin Disciplinary System
DISTINCTIONS:
NAPOLCOM MC 2007-001
RRACCS
Pre-Charge Evaluation
Preliminary Investigation
Probable Cause
Prima Facie Case
Reglementary period of 10
days
Reglementary period of 15
days
IOBC
Module 1.3 PNP Disciplinary Mechanism
PNP Disciplinary Law and
Order General Provisions
Definition of terms:
Answer a pleading in which a respondent or
sets forth the negative and affirmative defenses
Appellate Bodies RAB and NAB of
NAPOLCOM; and SILG
Breach of Internal Discipline minor offense
affecting the order and discipline within the police
organization
IOBC
10
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Citizens Complaint initiated by natural or
juridical person or his/its duly authorized
representative or guardian on account of an injury
damage or disturbance sustained as a result of an
irregular or illegal act or omission of a PNP member
IOBC
11
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Conduct Unbecoming of a Police Officer done in
official or private capacity which seriously
compromising his character and standing in the PNP
in such a manner as to indicate vitiated or corrupt
state of moral character which shows his unworthiness
to remain the police service.
IOBC
12
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Decision the written disposition of the disciplinary
authority or appellate body stating clearly the facts and
the law upon which it is based
Disciplinary Authorities shall refer to the city or
municipal mayors; COPs or equivalent supervisors;
PDs or equivalent supervisors; RDs or equivalent
supervisors; PLEB; Chief PNP; NAPOLCOM En Banc
IOBC
13
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Equivalent Supervisors PNP Officers occupying
positions/designations equivalent to that of COP, PD
and RD who are vested with disciplinary authority
over personnel of their respective offices, charged
with minor offenses involving breach of internal
discipline.
IOBC
14
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Formal Charge a complaint initiated before any of
the disciplinary authorities or IAS after finding the
existence of probable cause
IOBC
15
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Forum Shopping the filing of several complaints
arising from one and the same cause of action
involving the same parties asking for the same relief
with the different administrative disciplinary authorities,
the IAS and Office of the Ombudsman
Jurisdiction authority vested by law to hear and
decide a case
IOBC
16
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Minor Offenses not involving moral turpitude, but
affecting the internal discipline of the PNP, and shall
include but not limited to:
simple misconduct
negligence
insubordination
frequent absences and tardiness
habitual drunkenness; and
gambling prohibited by law
IOBC
17
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Moral Turpitude done contrary to justice, honesty,
modesty, or good morals
Newly Discovered Evidence evidence which
could not have been discovered and produced during
the hearing of the case despite due diligence, and if
presented, would probably alter the decision
IOBC
18
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Pending Case a case when the respondent had
been formally charged before any of the disciplinary
authorities or IAS; or appeal is pending with any of the
appellate bodies
Recidivist a person who has been previously
penalized for a grave offense and is again charged of
another or the same grave offense
IOBC
19
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Reglementary Period the period required by law or
these Rules to perform a specific act
Repeatedly Charged formally charged
administratively for at least 3 times and was found
culpable in any one of them and meted a penalty not
lower than 60 days suspension
IOBC
20
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Serious Charge a complaint involving an offense
where the maximum imposable penalty is dismissal
from the service
Subpoena Ad Testificandum a process directed
to a person requiring him to appear and testify in an
investigation or hearing
IOBC
21
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Subpoena Duces Tecum a process directing a
person to appear and bring with him books,
documents or things under his control in an
investigation or hearing
Substantial Evidence such relevant evidence as
reasonable mind might accept as adequate to support
a conclusion
IOBC
22
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Summary Hearing Officer officer designated by the
disciplinary authority or IAS to conduct the formal
hearing, and to submit a ROI
Summary Proceeding an expeditious
administrative proceeding conducted consistent with
due process to determine the culpability or innocence
of the respondent
IOBC
23
Module 1.3 PNP Disciplinary Mechanism
Definition of terms
Summons written notice informing the respondent
that he is charged with an offense and directing him
to file his Answer.
IOBC
24
Module 1.3 PNP Disciplinary Mechanism
Jurisdiction of Admin
Cases
A. Citizens Complaint
IMPOSABLE PENALTIES
PERIOD
withholding of privileges;
not exceeding 15 days
restriction to specified
limits; suspension or
forfeiture of salary; or any
combination thereof
-do-doplus demotion or by
dismissal from the service
IOBC
DA
COP, CD
not less than 16 days but Mayors
not exceeding 30 days
exceeding 30 days
PLEB
25
Module 1.3 PNP Disciplinary Mechanism
Jurisdiction of Admin
Cases
A. Citizens Complaint
*All other citizens complaints where no PLEB is
organized shall be filed with the provincial or regional
IAS where the offense was committed.
IOBC
26
Module 1.3 PNP Disciplinary Mechanism
Jurisdiction of Admin
Cases
B. Breach of Internal Discipline
IMPOSABLE PENALTIES
PERIOD
DA
admonition; reprimand; restriction
to specified limit; withholding of
privileges; forfeiture of salary or
suspension; or any combination
total period COPs or ES
shall not
exceed 15
days
admonition or reprimand;
restrictive custody; withholding of
privileges, forfeiture of salary or
suspension; or any combination
total period PDs or ES
shall not
exceed 30
days
IOBC
27
Module 1.3 PNP Disciplinary Mechanism
Jurisdiction of Admin
Cases
B. Breach of Internal Discipline
IMPOSABLE PENALTIES
PERIOD
DA
dismissal from the service;
admonition or reprimand;
restrictive custody; withholding of
privileges; suspension or
forfeiture of salary; demotion ; or
any combination
total period RDs or
shall not
ES
exceed sixty
(60) days
by dismissal from the service;
demotion; suspension or
forfeiture of salary, or any
combination thereof
not
exceeding
180
days
IOBC
Chief, PNP
28
Module 1.3 PNP Disciplinary Mechanism
Procedures to be Observed
at the NHQ Level
SOURCE
COMPLAINT RECEIPT TASK GROUP, CPNP COMPLAINT ACTION
OFFICE, CRAC PCRG, DPRM
W/ VERIFIABLE DATA
W/ SS AFFIDAVIT OR
DOCUMENT/S
W/O VERIFIABLE DATA EXCEPT
COMPLAINT ITSELF
WITH VERIFIABLE DATA BUT W/O
ANY DOCUMENTS/AFFIDAVIT
DIDM, PCE
DI, IG VALIDATION
CIDG VALIDATION &
INVESTIGATION
WITH
PROBABLE
CAUSE
W/O
PROBABLE
CAUSE
FORMAL
CHARGE,
PENDING CASE
DROP &
CLOSE
WITH BASIS
W/O BASIS
WITH BASIS
W/O BASIS
DLOD, DPRM
SHO-HEARING
IOBC
RESOLUTION
D, LS REVIEW
DECISION
ARCHIVE
29
Module 1.3 PNP Disciplinary Mechanism
Procedures to be Observed
at the RHQ/NSU Level
SOURCE
COMPLAINT RECEIPT TASK GROUP, RD COMPLAINT ACTION
OFFICE, CRAC, RPHRDD, PPOs, CPOs, MPS
W/ VERIFIABLE DATA
W/ SS AFFIDAVIT OR
DOCUMENT/S
W/O VERIFIABLE DATA EXCEPT
COMPLAINT ITSELF
WITH VERIFIABLE DATA BUT W/O
ANY DOCUMENTS/AFFIDAVIT
RIDMD/RHQ, PPO, CPO MPS
INVEST SECTION - PCE
VALIDATION RIU, RID
CIDG VALIDATION/
INVESTIGATION
WITH
PROBABLE
CAUSE
W/O
PROBABLE
CAUSE
FORMAL
CHARGE,
PENDING CASE
DROP &
CLOSE
WITH BASIS
W/O BASIS
WITH BASIS
W/O BASIS
LOS, RPHRDD
RIAS SHOHEARING
IOBC
RESOLUTION
RLS REVIEW
DECISION
ARCHIVE
30
Module 1.3 PNP Disciplinary Mechanism
A. Summary Dismissal Case
1. Charge is serious and evidence of guilt is strong;
2. Respondent is a recidivist /repeatedly charged and
there are reasonable grounds to believe that he is
guilty of the charge;
3. Respondent is guilty of a serious offense involving
conduct unbecoming of a police officer; and
4. AWOL for a continuous period of 30 days calendar
days or more.
IOBC
31
Module 1.3 PNP Disciplinary Mechanism
B. Respondent is a Presidential Appointee
can only be subjected to summary hearing after
clearance from the Office of the President
ROI together with the complete
original records of the case
to be submitted to the Office
of the President
IOBC
32
Module 1.3 PNP Disciplinary Mechanism
Principle of Exclusivity
A complaint shall be heard and decided exclusively
by the disciplinary authority which first acquired
original jurisdiction over the case.
Any disciplinary authority or IAS Officer who violates
this provision shall be proceeded against
administratively for serious irregularity in the
performance of duty.
IOBC
33
Module 1.3 PNP Disciplinary Mechanism
Complaint, How to Initiate?
1. by filing a written and sworn statement, accompanied
by:
a. affidavits of witnesses and other evidence.
b. certificate of non-forum shopping,
if none, the complainant is required to submit within 5 days
from notice; otherwise the complaint shall be dismissed
IOBC
34
Module 1.3 PNP Disciplinary Mechanism
Complaint, How to Initiate?
2. If verbally made, the concerned agency shall
assist the complainant in preparing his complaintaffidavit and supporting documents.
3. A letter complaint complainant and witnesses
must affirm their signatures and to execute affidavits
to substantiate the complaint, accompanied by a
certificate of non-forum shopping.
4. An anonymous complaint must be validated.
IOBC
35
Module 1.3 PNP Disciplinary Mechanism
QUESTION?
What is the prescriptive period of an
Administrative Case?
IOBC
36
Module 1.3 PNP Disciplinary Mechanism
Prescriptive Period Of An Administrative Case
Jurisprudence
Administrative offenses do not prescribe
(Floria vs. Sunga, 368 SCRA 551).
Defense of Prescription not applicable.
IOBC
37
Module 1.3 PNP Disciplinary Mechanism
Pre-charge evaluation
A process to determine the existence of
probable cause based on the allegations on the
complaint and supporting evidence.
Within 3 days, from receipt of the complain, evaluate the
same and submit recommendation
to the concerned disciplinary authority for proper
disposition.
IOBC
38
Module 1.3 PNP Disciplinary Mechanism
Evaluation
Determine whether it shall be:
closed or dropped outright for lack of probable cause;
referred to the appropriate disciplinary authority;
treated as a grievance/request for assistance which may be
referred to the concerned office or government agency; or
recommended for summary hearing.
IOBC
39
Module 1.3 PNP Disciplinary Mechanism
Preventive Suspension of the Respondent by the DA and IAS
Respondent may suspended for a period not exceeding 90 days
under the following instances:
a. The charge is serious or grave and the evidence of guilt is
strong.
b. Respondent is exerting efforts to harass, intimidate, coerce
or unduly influence the complainant or his/her witnesses into
withdrawing his complaint or retracting his sworn statement or
that of his witnesses or to tamper with the evidence.
IOBC
40
Module 1.3 PNP Disciplinary Mechanism
Preventive Suspension of the Respondent by the
PLEB
a. When the respondent refuses to heed to summons or subpoena;
b. When the PNP personnel have been charged with
bodily harm or grave threats;
offenses involving
c. When the respondent is in a position to tamper with the evidence; and
d. When the respondent is in a position to unduly influence the witnesses.
IOBC
41
Module 1.3 PNP Disciplinary Mechanism
Prohibition of Reassignment of
Respondent
During the Pendency of an Administrative Case, a
respondent PNP member shall not be
reassigned or transferred, unless the concerned
disciplinary authority or IAS certifies that the
presence of the respondent is no longer necessary.
IOBC
42
Module 1.3 PNP Disciplinary Mechanism
Nature of a Summary Hearing
Shall not strictly adhere to technical rules of
procedure and evidence applicable in judicial
proceedings
Sworn statements/affidavits identification and
affirmation of the truth of its contents
Documents proof of authenticity or reliability
IOBC
43
Module 1.3 PNP Disciplinary Mechanism
Conduct of Summary Hearing
SHO ISSUE SUMMONS TO THE
RESPONDENT WITHIN 3 DAYS
RESPONDENT SUBMITS ANSWER IN
WRITING WITHIN 5 DAYS FROM THE
RECEIPT OF SUMMONS
ORDER OF SUMMARY
HEARING
COMPLAINANT
ADDUCE EVIDENCE
RESPONDENT
PRESENT EVIDENCE
EXAMINATION OF
WITNESS BASED ON
EVIDENCE PRESENTED
CLARIFICATORY
QUESTIONS MAY BE
ALLOWED IF
REQUESTED
IOBC
PRE-HEARING CONFERENCE WITHIN
10 DAYS FROM RRECEIPT OF
ANSWER. FINISHED WITHIN 2 DAYS
HEARING PROPER WITHIN 5 DAYS
FROM PHC
SHO MAY REQUIRE THE PARTIES TO
UBMIT THEIR RESPECTIVE POSITION
PAPER WITHIN 10 DAYS
SHO HAVE 30 DAYS TO SUBMIT ROI
TO DA WHO DECIDES THE CASE
WITHIN 30 DAYS
DEFINIE AND
SIMPLIFY ISSUES
ENTER INTO
ADMISSIONS/STIP
ULATION OF
FACTS
LIMIT THE NO. OF
WITNESSES
SCHEDULE
HEARING
MARKING OF
EVIDENCE
THRESHING OUT
MATTERS
SUMMARY
HEARING MAY
BE DISPENSED
W/ INSTEAD
MEMO OR
POSITION
PAPER BE
SUBMITTED
44
Module 1.3 PNP Disciplinary Mechanism
Right to Counsel in Admin Proceedings
Administrative inquiry may or may not be
assisted by counsel, irrespective of the nature
of the charges and of the respondents
capacity to represent himself, and no duty
rests on such body to furnish the person being
investigated with counsel. (Remolona vs. CSC,
362 SCRA 304)
IOBC
45
Module 1.3 PNP Disciplinary Mechanism
Question
What is the possible effect
of the retraction or withdrawal of complaint by the
complainant?
IOBC
46
Module 1.3 PNP Disciplinary Mechanism
Answer
Proceedings against a public officer or
employee for misconduct, malfeasance cannot
be withdrawn at any time by the complainants
and should not be made to depend on their
whims and caprices since the complainants are,
in real sense, only witnesses. (Florendo vs.
Enrile, 239 SCRA 22 [1994])
IOBC
47
Module 1.3 PNP Disciplinary Mechanism
Offenses Punishable and
Imposable Penalties
1. Neglect of Duty or Nonfeasance
2. Irregularities in the Performance of Duty or
Misfeasance
3. Misconduct or Malfeasance
4. Incompetence
5. Oppression
6. Dishonesty
7. Disloyalty to the Government
IOBC
48
Module 1.3 PNP Disciplinary Mechanism
Classification of Offenses
A. LIGHT OFFENSES:
1. Simple Neglect of Duty
2. Simple Irregularity in the Performance of Duty
3. Slight or Simple Misconduct
B. LESS GRAVE OFFENSES:
1. Less Grave Neglect of Duty
2. Less Grave Irregularities in the Performance of
Duties
3. Less Grave Misconduct
IOBC
49
Module 1.3 PNP Disciplinary Mechanism
Classification of Offenses
C. GRAVE OFFENSES:
1. Serious Neglect of Duty
2. Serious Irregularities in the Performance of Duties
3. Grave Misconduct
4. Oppression
5. Gross Incompetence
6. Disloyalty to the Government
7. Dishonesty
IOBC
50
Module 1.3 PNP Disciplinary Mechanism
Imposable Penalties
The following are the penalties that may be imposed in
police administrative cases:
a. Withholding of privileges
b. Restriction of specified limits
c. Restrictive custody
d. Forfeiture of salary
e. Suspension
f. Any combination of penalties (a to e)
g. One (1) rank demotion
h. Dismissal from the service
IOBC
51
Range of Penalties
Module 1.3 PNP Disciplinary Mechanism
For Light Offenses:
PENALTIES
Withholding of
privileges; restriction to
specified limits;
restrictive custody,
suspension or forfeiture
of salary; or any
combination
IOBC
RANGE
1 day to 10 days
PERIOD
Minimum
-do-
11 days to 20 days
Medium
-do-
21 days to 30 days Maximum
52
Range of Penalties
Module 1.3 PNP Disciplinary Mechanism
For Less Grave Offenses:
PENALTIES
Withholding of
privileges; restriction
to specified limits;
restrictive custody,
suspension or
forfeiture of salary;
or any combination
RANGE
31 day to 40 days
PERIOD
Minimum
-do-
41 days to 50 days
Medium
-do-
51 days to 69 days
Maximum
IOBC
53
Range of Penalties
Module 1.3 PNP Disciplinary Mechanism
For Grave Offenses:
PENALTIES
IOBC
PERIOD
Sixty (60) days to Six (6)
months suspension
Minimum
One (1) rank demotion
Medium
Dismissal from the service
Maximum
54
Module 1.3 PNP Disciplinary Mechanism
Limitation in the Imposition
of Penalties
Forfeiture of salary - the amount shall not exceed the
equivalent of one (1) month salary.
The penalty of Withholding of Privileges shall be
confined to:
a. deferment of vacation leave privileges,
b. participation in training grants or programs and
c. other similar privileges normally enjoyed by
civil service employees.
IOBC
55
Module 1.3 PNP Disciplinary Mechanism
Qualifying Circumstances
Mitigating Circumstances:
1. Illness
2. Good Faith
3. Length Of Service In The Government
4. Awards And Commendations
5. Analogous Circumstances
IOBC
56
Module 1.3 PNP Disciplinary Mechanism
Aggravating Circumstances
1. Taking advantage of official position;
2. Taking undue advantage of subordinate;
3. Use of government property in the commission of
the offense;
4. Repeatedly charged;
5. Offense is committed during office hours and/or
within the premises of the government office or
building;
IOBC
57
Module 1.3 PNP Disciplinary Mechanism
Aggravating Circumstances
6. Employment of fraudulent means to commit or
conceal the offense;
7. Intoxication;
8. Being a recidivist
9. Offense committed in consideration of a price
or reward;
IOBC
58
Module 1.3 PNP Disciplinary Mechanism
Aggravating Circumstances
10. Victim is a minor, feeble minded, or physically
disabled;
11. Offense is committed in cooperation with two (2)
or more persons;
12. Utilizing minor in the commission of the
offense; and
13. Analogous circumstances
IOBC
59
Module 1.3 PNP Disciplinary Mechanism
Guidelines in the
Application of Penalties
a.
Like penalties shall be imposed for like offenses and
only one penalty shall be imposed for each case.
b. For minimum period, only mitigating and no
aggravating circumstances are present.
c. For medium period, no mitigating and aggravating
circumstances are present.
IOBC
60
Module 1.3 PNP Disciplinary Mechanism
Guidelines in the
Application of Penalties
d. For maximum period, only aggravating and no
mitigating circumstances are present.
e. Where aggravating and mitigating circumstances are
present:
rule (b) shall be applied where there are more
mitigating circumstances present;
rule (c) shall be applied where the circumstances
equally off-set each other;
IOBC
61
Module 1.3 PNP Disciplinary Mechanism
Guidelines in the
Application of Penalties
rule (d) shall be applied when there are more
aggravating circumstances
f. If the respondent is found guilty of 2 or more
charges or counts, the penalty to be imposed
should be that corresponding to the most serious
charge or count and the rest shall be considered
as aggravating circumstances.
IOBC
62
Module 1.3 PNP Disciplinary Mechanism
Guidelines in the
Application of Penalties
g. Mitigating and aggravating circumstances must
be invoked by the party concerned, otherwise not
to be considered in the determination of penalty
to be imposed
IOBC
63
Module 1.3 PNP Disciplinary Mechanism
Admin Disability Inherent in
Certain Penalties
a. The penalty of dismissal carry with it:
- cancellation of eligibility,
- forfeiture of retirement benefits, and
- disqualification for re-employment in the government.
b. The penalty of suspension carry with it that of
disqualification for promotion and withholding of
privileges corresponding to the period of suspension.
IOBC
64
Module 1.3 PNP Disciplinary Mechanism
Admin Disability Inherent in
Certain Penalties
c. The penalty of forfeiture of salary, which
consists of an amount not exceeding 1 month
salary, shall carry with it that of disqualification
for promotion corresponding to the period of
the penalty imposed.
IOBC
65
Module 1.3 PNP Disciplinary Mechanism
Administrative Remedies
A. Motion for Reconsideration
within 10 days from receipt of a copy of the decision
on the following grounds:
1. Newly discovered evidence
2. Errors of law or irregularities
IOBC
66
Module 1.3 PNP Disciplinary Mechanism
B. Appeal
How taken:
1. By filing a notice of appeal with the deciding authority
within 10 days from receipt of a copy of decision.
2. Submit Memorandum of Appeal in 3 copies NLT 15 days
from filing a notice of appeal.
*Failure to comply with 1 and 2 shall be sufficient ground for the
dismissal of the appeal.
IOBC
67
Module 1.3 PNP Disciplinary Mechanism
Nature of Right to Appeal
Perfection of an appeal within the statutory or
reglementary period is not only mandatory but also
jurisdictional and failure to do so renders the
questioned decision final and executory, and
deprives the appellate court or body of jurisdiction to
alter the final judgment much less to entertain the
appeal. (Republic vs. CA, 313 SCRA 376; Zacate
vs. Comelec, 353 SCRA 441).
IOBC
68
Module 1.3 PNP Disciplinary Mechanism
Question
May the complainant appeal from the
decision in an administrative case?
IOBC
69
Module 1.3 PNP Disciplinary Mechanism
Answer
Being a mere witness for the government,
complainant cannot appeal the decision rendered,
the right to appeal being limited by existing
jurisprudence to the respondent or to the CSC, the
persons considered as parties adversely affected
by the decision. (NAB vs. Mamauag, et al., G.R.
No. 149999, August 12, 2005).
IOBC
70
Module 1.3 PNP Disciplinary Mechanism
Question
Must the respondent be informed of the Findings and
Recommendation of an Investigating Committee or
Recommendation of the Hearing Officer?
IOBC
71
Module 1.3 PNP Disciplinary Mechanism
Answer
An investigating committee is under no legal
obligation to furnish respondent with a copy of
the resolution or report of investigation of the
committee or hearing officer containing his
findings and recommendation. 206 SCRA 256
[1992].
IOBC
72
Module 1.3 PNP Disciplinary Mechanism
Appellate Bodies
1. Regional Appellate Board
a. Decisions of the PLEB, PNP RD or ES where the
penalty imposed is demotion or
dismissal from the service;
b. Disciplinary recommendations of the Regional IAS not
acted upon by the PNP RD or ES within 30 days from
submission, the recommended penalty is demotion or
dismissal from the service
IOBC
73
Module 1.3 PNP Disciplinary Mechanism
Appellate Bodies
1. Regional Appellate Board
c. Disciplinary recommendations of the
Regional IAS which were not acted upon by the
PNP RD or equivalent supervisor within 30 days
from submission by the Regional IAS, where
the recommended penalty is demotion or
dismissal from the service .
IOBC
74
Module 1.3 PNP Disciplinary Mechanism
Appellate Bodies
2. National Appellate Board
a. Decisions of the Chief, PNP penalty is demotion or dismissal
from the service;
b. Disciplinary recommendations of the Inspector General, IAS
not acted upon by the Chief, PNP within 30 days form
submission by the Inspector General, IAS, where penalty is
demotion or dismissal; and
c. Decisions of the Inspector General affirming the Resolution
of the regional IAS dismissing the complaint for lack of probable
cause.
IOBC
75
Module 1.3 PNP Disciplinary Mechanism
Appellate Bodies
3. Appellate Jurisdiction Of SILG
Decisions of the NAB and RAB
4. Appellate Jurisdiction Of The Civil Service
Commission
a. Decisions of the SILG;
b. Decisions of NAPOLCOM en banc as summary
dismissal authority
IOBC
76
Module 1.3 PNP Disciplinary Mechanism
QUESTIONS???
IOBC
77
Module 1.3 PNP Disciplinary Mechanism
Summary
In this lesson, we learned the following:
A Police Officer A Man in Uniform
References Governing PNP Administrative
Disciplinary System
PNP Disciplinary Law and Order general provisions
Jurisdiction of Cases
Procedures to be observed at the NHQ, Regional
and NSU level regarding citizens complaint
IOBC
78
Module 1.3 PNP Disciplinary Mechanism
Summary
Summary dismissal powers of the
NAPOLCOM,
Chief, PNP and the Regional Directors
Commencement of a complaint
Pre-charge evaluation procedure
Summary hearing procedure
Offenses punishable and the imposable penalties
Different administrative remedies
IOBC
79
