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IAS Manual 2008

Service Guide and Handbook

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IAS Manual 2008 IAS Manual 2008

The Internal Affairs Service

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IAS Manual 2008 IAS Manual 2008

Table of Contents Office of the Deputy Inspector General


(ODIG)
Administrative and Finance Management
Division (AFMD)
Prosecution Division (PD)
Preface Legal Affairs Division (LAD)
Inspection and Audit Division (IAD)
Introduction Planning and Research Division (PRD)
Intelligence and Investigation Division (IID)

Chapter 1
General Information
Chapter 6
Historical Background Qualifications of Entering IAS
Mission
Vision Chapter 7
The IAS Clearance
Chapter 2
Power and Functions Chapter 8
Making of complaints
Chapter 3
Status of IAS as an Investigative Chapter 9
and Adjudicatory Agency IAS Investigation Procedures
Delineation of the Inspection
and Audit Authority of Chapter 10
the IAS and NAPOLCOM Administrative Offenses and Penalties
Distinct Features of IAS
Chapter 11
Chapter 4 Frequently Asked Questions
Organizational Structure
Organizational Set-Up
Organizational relationship
with PNP

Chapter 5
Duties and Functions
Office of the Inspector General (OIG)

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IAS Manual 2008 IAS Manual 2008

PREFACE THE INTERNAL AFFAIRS SERVICE


of Philippine National Police

The manual was compiled and


prepared by Ms. Genevieve M Solayao,
Introduction
Planning Officer I under the supervision of Chief
Planning and Research Division, Ms REMEDIOS
Exacting ethical standards and a high
V OBRA, MPA and edited by Atty. Alfonso B.
degree of honesty are perhaps more essential
Umali, Senior Executive Assistant, Office of the
for police agencies than for any other group in
Inspector General. The purpose of this manual
society. Police are entrusted with enforcement
is to acquaint PNP personnel as well as the IAS
of the fundamental rules which guide society’s
personnel about the Internal Affairs Service as
conduct; therefore, an officer’s violation of the
a police disciplinary body. It is not a body
law and his failure to enforce it, desecrates the
created to institutionalize a culture of fear in
very system and authority he represents. On
the ranks of the police but rather, a culture of
other hand, one must remain cognizant of the
mutual trust and respect. Therefore, the
fact that it is not possible for police to enforce
members of the PNP should not feel
the law and preserve the peace without
intimidated or threatened with the creation of
incurring some hostility and resentment.
the Internal Affairs Service.
The issue of addressing and improving
Internal Affairs Service will help in
the internal discipline of the PNP became
improving the quality of police services, and
persistent some seven years after the
police system particularly in administrative
establishment of the Philippine National Police
disciplinary process. It will objectively
(PNP) pursuant to the passage of Republic Act
investigate all formal complaints against the
No. 6975 in January 1991.
Police as fairly and impartially as possible,
striving to provide the highest quality of police
This situation led to the conduct of a
service available.
study initiated at the level of the National
Police Commission (NAPOLCOM). This study
This manual covers and provides
resulted in the inclusion to the proposed
general guidelines and information about the
amendment to Republic Act No. 6975 that was
Internal Affairs Service (IAS).
submitted to Congress a separate or

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IAS Manual 2008 IAS Manual 2008

independent internal affairs body headed by


an Inspector General.

The final proposed amendments to


Republic Act No. 6975 which contains the
creation of a separate or independent internal
affairs body in the PNP consisted of the
consolidation of House Bill No. 10089 and
Senate Bill No. 2215. It was submitted for
deliberation to the 10th Congress during its Fifth
Special Session on February 17, 1998 and was
finally passed by the Senate and the House of
Representatives on February 20, 1998.

On February 25, 1998, the then President


FIDEL V. RAMOS signed into law Republic Act
No. 8551, AN ACT PROVIDING FOR THE REFORM
Chapter 1
AND REORGANIZATION OF THE PHILIPPINE General Information
NATIONAL POLICE AND FOR OTHER PURPOSES,
AMENDING CERTAIN PROVISIONS OF REPUBLIC
ACT NUMBERED SIXTY-NINE HUNDRED AND
A. Historical Background
SEVENTY FIVE ENTITLED, “AN ACT ESTABLISHING
THE PHILIPPINE NATIONAL POLICE UNDER A
REORGANIZED DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT, AND FOR OTHER Internal Affairs Service was created
PURPOSES.” pursuant to the provisions of Title V, Republic
Act 8551, otherwise known as the Philippine
Republic Act No. 8551 is also otherwise National Police Reform and Reorganization Act
known as “The PNP Reform and Reorganization 1998 approved on February 25, 1998.
Act of 1998.” Among the salient provisions of
the said Act as embodied under Title V, The philosophy and clear intent of
Section 39 thereof is the creation of the Congress to create IAS is to establish an
INTERNAL AFFAIRS SERVICE (IAS). agency that is independent and autonomous
with its own separate hierarchy and career

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IAS Manual 2008 IAS Manual 2008

path for its members to effectively carry out its speedily activate the Internal Affairs Service to
mandate to “police the police”. Based on give essence to the provision of the law and
their studies they found out that the most the afore-cited NAPOLCOM Resolution. Series
effective and successful mechanism in of conferences were then held and attended
disciplining of police officers used in other by representatives of all PNP Directorial Staff,
countries is the creation of a police within the PNP Legal Service, the now defunct PNP
police. Inspectorate and Internal Affairs Office and
the PNP Internal Affairs Service.
Upon assumption to office of the newly-
elected President of the Republic of the On December 18, 1998, NAPOLCOM
Philippines, His Excellency Joseph Estrada, he issued Memorandum Circular No. 98-017
appointed ATTY. ALEXIS CORTEZ CANONIZADO prescribing the guidelines to facilitate the
as the First Inspector General on July 1, 1998. organization and operationalization of the
The Inspector General is a lawyer by profession, Internal Affairs Service.
a former Commissioner of the NAPOLCOM,
former Senior State Prosecutor of the Finally, the members of the committee
Department of Justice and Presiding Judge of chaired by P/CSUPT RAZON, came up with the
the Regional Trial Court Branch 39 of San Jose recommendation which eventually led to the
City. issuance of PNP Letter of Instruction 11/99
(Gabay) dated February 16, 1999 which
On August 12, 1998, NAPOLCOM issued prescribed the smooth reassignment of PNP
resolution No. 98-179 designating the Acting personnel, and the transfer of facilities,
Chief, Philippine National Police who was then equipment, firearms, ammunitions, vehicles,
Police Director General SANTIAGO L. ALIÑO, as supplies, records, and other resources of the
the lead Commissioner who shall represent the now defunct Inspectorate and Internal Affairs
Commission in overseeing and coordinating Office, Regional Internal Affairs Office and the
the immediate organization and Provincial Internal Affairs Office to the newly-
operationalization of the PNP Internal Affairs created PNP Internal Affairs Service and
Service during the transition period of 90 days. provisions for their fund support.

Shortly after the assignment of P/CSUPT Meanwhile, a small staff of the PNP
AVELINO I. RAZON as the Deputy Director of Internal Affairs Service was organized through
the PNP Directorate for Plans on October 9, the detail of a few personnel from the
1998 he immediately initiated the move to NAPOLCOM and others are from the offices of

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IAS Manual 2008 IAS Manual 2008

the PNP Headquarters. The following personnel Ten months after the appointment of
are ; Atty Tereso B Bueno, Atty Fernando G the Inspector General, one year and two
Baria, Atty Arsenio D Albano, Atty Cecilia C months later after the creation of IAS, on May
Miranda, Director Lourdes W Aniceto, Ms 7, 1999, President Joseph Estrada issued
Belinda B Santos, Ms Zenaida M Belleza and Executive Order NO. 101 entitled “ Providing for
Ms. Soledad J Buragay. Two (2) former (ret.) the Immediate Organization and
NAPOLCOM personnel, Atty Alfonso B Umali, Operationalization of the Interim Internal Affairs
and Mr. Jose V Cabrera joined the initial IAS Service of the Philippine National Police.”
staff as consultant on legal and financial Executive Order No. 101 provided for the
matters respectively during its fledging immediate organization and operationalization
organizational phase. of an Interim IAS pending the approval of its
manning and staffing pattern. It empowered
This core group practically laid the IAS to inquire into the state of discipline,
groundwork for the organizational structure of efficiency, economy, training, morale and
IAS form the national to the regional and readiness of the PNP.
provincial levels including its manning and
staffing pattern. Headed by the Inspector EO 101 concerned the status of the IAS
General, the same group spearheaded the as the lead agency for the PNP organization in
nationwide information dissemination for IAS in the campaign against all forms of misconducts
all 16 regions. in the police service. It shall be recorded the
status of an independent, impartial and
Various contentious issues were raised objective investigative and adjudicatory
during the information dissemination agency within the PNP. The agency was
campaign made during this period. Arguments exclusive tasked to formulate, develop and
revolved around issues ranging from the maintain the following programs ;
authority of IAS in relation to other disciplinary
authorities, to the other matters such as a) A career development and
benefits, career developments, incentives, etc. management program for both Uniformed
The discussions about these issues dragged for and Non-Uniformed personnel;
months that it took a toll on the progress of b) A retirement and separation benefit
settling and formally starting the operations of program;
IAS. c) A separate financial and budgetary
management program;

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IAS Manual 2008 IAS Manual 2008

d) A separate logistics management dated October 1, 1999. The new office was
and services program; and found more suitable and consistent with the
e) Other programs as may be needed, general requisites of client accessibility, security
subject to approval of the Secretary of the and safety. But, because of the very limited
Interior and Local Government. fund support from the national government,
the IAS was not able to cope with the high
monthly rentals and bills incurred at the Makati
Finally, on June 1, 1999, NHQ PNP issued office building.
General Order No. DPL 99-004, setting the
formal amendment of IAS operations on the Although there is still no available office
same date. The order also de-activated the building suitable for the needs of IAS offices, it
Inspectorate and Internal Affairs Office (IIAO) was forced to transfer back to Camp Crame
in various PNP offices nationwide. In turn, the to avoid the accumulation of unpaid
Inspector General issued Staff Memo Nos. 99- obligation. At present, IAS offices are located
001, 99-002, 99-003 and 99-004 to constitute the in three buildings. The office of the Inspector
IAS interim offices at the national, regional, General and the AFMD are at the 2nd floor of
provincial, district and city levels. the NHQ while the office of the Deputy
Inspector General as well as the OSEA, LAD,
The initial seat of office of the Internal PD, IAD and PRD are located at the former
Affairs Service was located inside Camp PCRG office. The third one, the IID is located at
Crame occupying the cramped office spaces the 1st floor PNP Legal Service Building.
of the former IIAO at the National
Headquarters, PNP. The old IIAO office has This arrangement may not be conceive
poor ventilation, lacking in utilities and needed to good and effective management but the
repair. The Inspector General and his staff IAS has no choice considering that there are
occupied a portion of the 2nd Floor of the no available offices inside crame.
Kiangan Hall.

Pending the availability of a more


spacious office building inside Camp Crame,
the IAS was authorized to look for other office
site and on November 8, 1999, relocated its
national office to a building at Makati City
pursuant to NAPOLCOM Resolution – 99-128

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B. IAS Mission Statement

The Vision statement of IAS was an


output during the IAS Visioning Seminar-
Workshop conducted on October 3-6, 1999. It
articulates what the participants – Regional
Directors of RIAS 1-13, NCRPO, CAR, ARMM,
CARAGA, Directors of Provincial IAS – wish,
aspire and commit the IAS organization to be.

To secure for the nation the


evolvement of a well-disciplined, effective,
efficient and service-oriented Philippine
National Police
Chapter 2
C. IAS Vision Statement Powers and Functions

The Internal Affairs Service (IAS),


We envision the Internal Affairs although a part of the PNP has the attribute of
Service (IAS) to be truly independent and an independent and autonomous unit which
impartial body, manned by God- empowers it to act on matters within its
Centered and Professional Personnel, with jurisdiction without having to wait for
the end in view of sustaining PNP instructions from the Chief, PNP. Pursuant to
Section 39, Republic Act 8551, such powers
professionalism by instilling police
are:
discipline, enhancing delivery of police
services and dispensing justice for the a.) Pro-actively (on its own accord;
people to whom the Philippine National motu proprio /automatically)
Police is mandated to serve and to conduct inspection and audit of PNP
protect personnel and units;

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IAS Manual 2008 IAS Manual 2008

b.) Investigate complaints and gather in the custody of police


evidence in support of an open personnel;
investigation; 4.) Incidents where a suspect in
c.) Conduct summary hearings on PNP the custody of the police was
members facing administrative seriously injured; and
charges; 5.) Incidents where the
d.) Submit a periodic report on the established rules of
assessment, analysis and evaluation engagement have been
of the character and behavior of violated.
PNP personnel and units to the Chief,
PNP and the Commission; Finally, the IAS shall provide documents
e.) File appropriate criminal cases or recommendations as regards to the
against PNP members before the promotion of the members of the PNP or the
court as evidence warrants and assignment of PNP personnel to any key
assist in the prosecution of the case; position.
f.) Provide assistance to the Office of
the Ombudsman in cases involving
the personnel of the PNP.
Three major functions of the IAS,
namely:
The Internal Affairs Service (IAS) also
conducts motu proprio, automatic (1) Investigation and Adjudication of cases;
investigation of the following cases: (2) Inspection and Audit;
(3) Records Management.
1.) Incidents where a police
personnel discharges a
firearm;
2.) Incidents where a death,
serious physical injury or any
violation of human rights
occurred in the conduct of
police operation;
3.) Incidents where evidence
was compromised, tampered
with, obliterated or lost while

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RIAS et. al (CA-G.R. No SP-72845, March 26,


2003 where the court held that the PLEB
jurisdiction is concurrent with that of other
disciplinary authorities, including the IAS, and
that the IAS can conduct summary hearings on
PNP members facing administrative charges
and to hear and decide the case. )
B. Delineation of the Inspection and Audit
Authority of the IAS and NAPOLCOM

The IAS shall conduct inspection and

Chapter 3 audit of PNP personnel and units principally for


the purpose of determining the state of
behavioral discipline of personnel and
operational preparedness of PNP units. In other
words, IAS looks into the readiness to do the job
A. Status of IAS as an Investigative and of every policeman as well as his conduct as a
Adjudicatory Agency police officer.
The National Police Commission
Section 2 of Executive Order 101 dated (NAPOLCOM) through its Inspection,
May 7, 1999 provides that “the interim IAS shall Monitoring and Investigation Service (IMIS), on
be the lead agency for the PNP organization, the other hand, focus on determining the state
in its campaign against all forms of misconduct of effectiveness of all levels and units of the
in the police service. It shall be accorded the PNP organization and the degree of
status of an independent, impartial and compliance with established policies and
objective investigative and adjudicatory standards of the police service as promulgated
agency within the PNP.” by the Commission. Meaning NAPOLCOM
primarily looks into whether the PNP units in all
levels are efficient given its resources,
This status is well clarified by decisions manpower and logistical requirements, and
made in SPO1 JAIME ALBAO & PO3 VICTOR DE whether they have complied with the policies
LEON vs. MENDOZA, IAS & BARIA (CA-G.R. SP. and directions of the Commission on matters of
No. 58225, January 15, 2001) and Rudy Celis vs law enforcement.

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a. Internal Affairs Service is headed by


the Inspector General who is a civilian,
appointed by the President and exercises
general supervision and control over all the IAS
offices and personnel nationwide.

b. The Inspector General is assisted by a


Deputy Inspector General who is a uniformed
member of the Philippine National Police with
a rank of Police Director

c. There are six (6) staff divisions which


assist the Inspector General in the discharge of
the IAS mission and functions. These are (1)
Chapter 4 Administrative and Financial Management
Division (AFMD), (2) Planning and Research
Organizational Set Up Division (PRD), (3) Inspection and Audit Division
(IAD), (4) Prosecution Division (PD), (5) Legal
Affairs Division (LAD), and (6) Investigation and
In accordance with Intelligence Division (IID).
the approved IAS Staffing
Pattern based on the Letter d. There are 17 Regional IAS Offices
from Secretary of the corresponding to the 17 regional subdivisions
Department of Budget and of the country including the newly created
Management to the Region 4A and Region 4B, the CARAGA
Secretary of the Department administrative Region (also known as Region
of the Interior and Local 13), National Capital Region (NCR), Cordillera
Government dated January Region (CoR), and the Autonomous Region of
2, 2002, the organizational Muslim Mindanao (ARMM). The Regional IAS
structure of the Internal Affairs Office is normally headed by a director with
Service is hereby established the rank of Police Senior Superintendent. In
as follows: selected regions, IAS uniformed police
personnel with the ranks of Police Chief
Superintendent or Police Superintendent are

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IAS Manual 2008 IAS Manual 2008

designated as regional directors. There is a Chart 1.0


IAS Organizational Chart
deputy director in each IAS regional office to
assist the regional director in the discharge of
his duties and functions. There are four (4)
regional staff offices in every region namely
the Administrative Division, Audit and THE INSPECTOR
Inspection Division, Investigation and GENERAL

Intelligence Division, and the Legal Affairs


Division. DEPUTY INSPECTOR
GENERAL

e. The provincial/district/city IAS office is


normally headed by a Police Superintendent
and is assisted by another police officer of
equivalent or responsible junior rank. There are
79 Provincial IAS Offices established ADMIN &
HRM
PLANNING &
REVIEW
INSPECTION INVESTI-
GATION
ADMIN
SUPPORT
DOCKETS
RECORDS

nationwide. In addition, there are five (5) NCR


District (DIAS) offices (with organization and LOGISTICS RESEARCH
& INFOEXCH
AUDIT INTEL-
LIGENCE
COMPLAINT
EVAL
SUMMARY
HEARING

manning equivalent to an IAS provincial office)


corresponding to the five (5) districts of the RECORDS STAT &
PUBLCTNS
EVALUA-
TION
SECURITY PROSE-
CUTION
LEGAL
RESEARCH

NCR. Also, there are currently two (2) City IAS


Offices established in two (2) highly urbanized CASHIER INFO TECH-
NOLOGY
ANALYSIS APPELLATE

cities of Cebu and Davao. Each of these


offices are staffed as a provincial or district
office and is headed by a City IAS Director.

NCR PRO 1 PRO 2 PRO PRO 3 PRO 4A PRO 4B PRO 5 PRO 6 PRO 7 PRO 8 PRO 9 PRO 10 PRO 11 PRO 12 CARAG
IAS IAS IAS COR IAS IAS IAS IAS IAS IAS IAS IAS IAS IAS IAS A IAS
OFFICE OFFICE OFFICE IAS OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE
OFFICE

With 5 With 4 With 6 With 6 With 6 With 6 With 6 With 6 With 6 With 6 With 3 With 5 With 5 With 4 With 4 With 5
District Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l. Prov’l.
Off Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office

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IAS Manual 2008 IAS Manual 2008

Organizational Relationship with PNP relationships with their counterparts in the


regions and provinces in mainstream PNP.
The law creating the IAS provides the
initial guideline on how IAS is related to the
PNP. Section 39 of RA 8551 states that “An
Internal Affairs Service (IAS) of the PNP is
hereby created which shall”… The word “of
the” connotes IAS is part of the PNP.

Executive Order 101 describes further


that “RA 8551 has established the IAS as the
mandated institutional watchdog agency for
the PNP organization.” And that the
“government provides the PNP with a highly
professional and competent office within the
PNP that shall be independent, impartial and
objective…”

This organizational relationship of IAS


with the PNP is more vividly expressed in the
Proposed PNP Reorganization Plan before the
Committee on Public Plans and Safety thus:

“ That the Internal Affairs Service (IAS)


shall not be a ‘personal staff arm’ of the Chief,
Philippine National Police, as discussed in the
plan, but shall be constituted and operated
under the Office of the Chief of the Philippine
National Police. “

Considering that the RIAS and the PIAS


are directly under the control and supervision
of the IG, they shall have coordinative

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Duties and Functions

1. Provide policy direction in the


conduct of inspection and audit
of PNP personnel and units, and
investigation, prosecution and
summary hearing of
administrative cases involving
PNP personnel;

2. Review, evaluate and resolve


appealed cases from decisions
of the Regional IAS;

Chapter 5 3. Periodically submit to the C, PNP


Duties and Functions and the Chairman NAPOLCOM
an assessment, analysis and
evaluation of the character and
behavior of PNP personnel and
A) Office of the Inspector General
units;

Chart 2.0 4. Insure that powers and functions


Office of the IG
of the IAS are effectively
exercised and implemented;
The
Inspector General 5. Exercise control and supervision
of all IAS personnel;
Executive
Assistants 6. Submits reports to the Senate and
to the Office of the President.

Administrative Aide De Camp Public Driver/Escort


Officer Information Security
Officer

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B. Office of the Deputy Inspector General C. Administrative and Finance


Management Division
Chart 3.0
Office of the DIG
Chart 4.0
Administrative and Finance Management Administration
(AFMD)
The Deputy
Inspector General
Chief
AFMD

Deputy Chief
AFMD
Secretary Driver Aide De Camp

Administrative Records Logistics Budget,


and Human Management Section Finance and
Resource Section Accounting
Management Section
Duties and Functions Section

1. Assists the Inspector General in the


performance of his duties and Duties and Functions
responsibilities;
1. Provides administrative, personnel
2. Takes over the place of the Inspector management, career development,
General in his absence; and general services for the members of
AIS;
3. Represents the Inspector General in
conferences, dialogues and meetings; 2. Formulate training plans and policies for
and the members of IAS;

4. Performs such other duties and functions


as the Inspector General may assign.

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3. Provide financial management and D. Prosecution Division


budgetary services;
Chart 5.0
4. Provide logistics and supply Prosecution Division
management services; (PD)

5. Undertake liaison services with other Chief PD


governmental and non-governmental
agencies on matters relating to the IAS
areas of functional interest;

6. Act as central repository of IAS records;


Deputy Chief
7. Serve as the all-source clearinghouse of PD
all PNP disciplinary, administrative and
criminal cases;

8. Maintain accurate and up-to-date Administrative Complaints and Prosecution


records of disciplinary and criminal Support Evaluation Division
cases against PNP personnel; Section Section

9. Keep-up-to-date records of all IAS


personnel as well as PNP personnel
together with their places of Duties and Functions
assignments;

10. Perform other tasks as the Inspector 1. Investigates complaints and


General may direct. gather evidences in support of
an open investigation;

2. Undertakes prosecution of
administrative cases involving
PNP members before summary
hearing officer;

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E. Legal Affairs Division


3. Gathers and evaluates evidence
and file appropriate criminal Chart 6.0
cases before the court as Legal Affairs Division
evidence warrants and assist in (LAD)
the prosecution;

4. Provides assistance to the Office Chief LAD


of the Ombudsman in cases
involving the personnel of the
PNP;

5. Undertakes/initiates motu-proprio Deputy Chief


investigation of any incidents LAD
even without any formal
complaints filed; and

6. Performs other tasks as the


Inspector General may direct. Docket and Summary Legal Appellate
Records Hearing Research Section
Section Section Section

Duties and Functions

1. Conducts hearing and adjudication


of administrative cases of PNP
members;

2. Conducts review of cases as may


be referred on first instance or on
appeal;

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IAS Manual 2008 IAS Manual 2008

3. Coordinates with cognizant 10. Performs other tasks as the


government legal and judicial Inspector General may direct.
authorities in the prosecution of
criminal cases involving PNP
F. Inspection and Audit Division
members falling within the IAS
sphere of functional interest;
Chart 7.0
4. Provides and renders legal Inspection and Audit Division
opinion on matters relating to the (IAD)
IAS areas or functional interest;
5. Drafts and reviews contracts to Chief IAD
be entered into by IAS with a
third party of agency;
6. Investigates and reviews
application for availment of
benefits under PD 448 filed by IAS Deputy Chief
members; IAD
7. Conducts legal research on
matters referred to it needing
study and review;
8. Conducts periodic research on Audit Section Inspection Assessment,
jurisprudence related to Police Section Analysis &
Administrative cases and Evaluation Section
compile the same for reference;
9. Prepares reports of
accomplishments in the
adjudication of administrative Duties and Functions
cases of National and Regional
Offices for submission to PNP and 1. Conducts Pro-Active Inspection:
NAPOLCOM for policy Annual General
formulation; and Inspection/Operational
Readiness Security Inspection Test
and Evaluation (AGI/ORSITE): and

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IAS Manual 2008 IAS Manual 2008

Special Inspection to determine and assessment, analysis and


the character and behavior, and evaluation of the character and
state of discipline of PNP behavior of PNP personnel and
personnel and units form the units; and
National Headquarters down to
the lowest police community 6. Performs such other functions as
blocks or precincts; the Inspector General may
direct.
2. Conducts management audit on
all PNP units and offices to
determine the condition, G. Planning and Research Division
effectiveness, adequacy and
management of assigned Chart 8.0
resources to accomplish the Planning and Research Division
assigned mission; (PRD)

3. Identifies obstacles that hinder Chief PRD


the accomplishment of the PNP
units or offices with regard their
mission and functions;

4. Establishes strong liaison between Deputy Chief


the PNP units or offices and the PRD
community or clientele such as
the local government, church,
non-government organizations
and business sector in order to Planning Research and Statistics Information
determine the quality of services Section Evaluation Section and
and the attitude or behavior of Section Technology
the police towards these various Section
sectors;

5. Renders periodic report on the


result of inspection and audits

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IAS Manual 2008 IAS Manual 2008

Duties and Functions


7. Complies data inputs and
1. Undertakes researches, studies outputs of IAS staff offices
and surveys on matters relating to including those from the regional
the IAS areas of functional offices; and
interests;
8. Performs other tasks as the
2. Provides statistical information Inspector General may direct.
and prepares reports on matters
relating to the IAS areas of
functional interest as may be H. Intelligence and Investigation Division
required by the Inspector
General;
Chart 9.0
Intelligence and Investigation Division
3. Conducts review, assessment
(IID)
and evaluation of IAS policies,
plans, and programs as they
relate to the efficient and
Chief IID
effective administration and
operation of the organization;

4. Collates statistical reports as


needed; Deputy Chief
IID
5. Prepares Annual Report of the IAS
and provides information
technology direction and
supervision;
Investigation Intelligence Research
Section Section Section
6. Establishes and monitors the
maintenance of Information
Technology base data of all IAS
offices for purposes of policy
formulation;

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IAS Manual 2008 IAS Manual 2008

Duties and Functions 8. Performs other tasks as the


Inspector General may direct.
1. Conducts motu proprio,
automatic investigation on cases
enumerated in Sec. 39, RA 8551;
Chart 10
2. Undertakes, prepares, supervises
Regional IAS Office
and provides intelligence
(RIAS)
operations and support to
inquiries and fact-finding
investigations of the IAS;
3. Initiates extensive multi- Regional Director
disciplinary counter-intelligence
operations for the purpose of
providing continuing security
threat assessments against
members to determine their
Deputy Regional
susceptibility to control, hazard Director
and risks;
4. Prepares, conducts and
supervises the general and
specialized training of IAS
intelligence personnel; Administrative Audit and Investigation and Legal Affairs
5. Undertakes miscellaneous Division Inspection Intelligence Division
Division Division
functions related to the area of
intelligence and security;
6. Supervises and monitors all IAS
intelligence and security units
nationwide;
7. Keeps intelligence data for
reference; and

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Chart 11
Provincial/District/City IAS Office
(PIAS)

Provincial/District/
City
Director

Deputy
Chapter 6
Director
Qualification in Entering the Internal
Affairs Service

I. Uniform Personnel

Entry to the Internal Affairs Service is


Administrative Investigation voluntary and subject to rigid screening where
Section Section only PNP personnel who have at least five(5)
years experience in law enforcement and who
have no derogatory records shall be
considered, except members of the BAR may
enter the service laterally (RA 8551, TitleV Sec.
42).

II. Non – Uniform Personnel

Like other government agencies,


Internal Affairs Service is bound to abide by the

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Civil Service Laws, rules and regulations in its


human resource management policies and
practices.

To join the Organization, you have to


undergo the screening process conducted by
the Selection Boards based on the
qualification standards, fitness to perform the
duties and to assume the responsibilities of the
position you will occupy.

The Inspector General shall be

Chapter 7
appointed by the President upon
recommendation of the Chief of the PNP and
duly endorsed by the Commission.
Appointments of personnel who shall occupy IAS Clearance
various positions in the agency shall be made
by the Inspector General and shall be based
on established career pattern and criteria to One of the functions of IAS is to issue
be promulgated by the Commission. clearances to the PNP Personnel. Clearances
Appointments in the Internal Affairs may be can be issued on time to applicants for
issued as permanent, temporary or co- purposes like promotion, reassignment,
terminous with depending on the position retirement, loan, leave, death claims and
applied for and the qualifications of the other purposes. Applications for clearances
appointee. may be procured at the designated
Clearance Section.
III. Prohibitions
A. Procedure
Personnel of the IAS may not join any
other unit of the PNP nor be allowed to sit in a 1. Initially, the applicant will secure an
committee deliberating on the appointment, application form from the Records Section,
promotion, or assignment of any PNP member. Administrative and Finance Management
Division and submit the same for processing

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together with the requirements. The following


are mandatory requirements:
f. Death Claim

a. Promotions • RIAS/PIAS/DIAS
• Photocopy of Death Certificate.
• RIAS/PIAS/DIAS Clearance
• Unit Clearance
2. Fill up the Application Form supplied at
b. Reassignment the Clearance Section and submit the same
together with necessary attachments to the
• Memo from DPRM: Subject Request duty staff.
Issuance of Clearance
• DL, DC&D1 Clearance 3. After the application form and the
mandatory requirements have been
c. Retirement thoroughly checked by the Clearance Section,
same shall be forwarded to the Legal Affairs
• Retirement Order Division (LAD), to check if the applicant has a
• RIAS/PIAS/DIAS Clearance case being investigated, pending, undergoing
• Unit Clearance summary hearing, or has any derogatory
record.
d. Loan
4. Finally, the application form and the
• RIAS/PIAS/DIAS Clearance mandatory requirements will be returned to the
• Unit Clearance Clearance Section, AFMD for the preparation
of the clearance. The corresponding remarks
e. Leave Abroad will be indicated in the clearance issued
showing whether the applicant has a pending
• RIAS/PIAS/DIAS case.
• Endorsement from their respective
Chief of Office.
• Unit Clearance

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B. Authorized Signatories

Personnel Authorized to sign/ IAS


Clearance / Authenticate photo copies of
documents:

a. For PSUPT and above – Chief AFMD,


Deputy AFMD

b. For PCINSP to PO1 including NUP as


well as the authentication of photo
copied documents – C, AFMD or
Chief, Records Mgmt Section

C. Validity from Date of Issuance.


Chapter 8
Filing of an Administrative Complaint
a. Loan - 15 days
Part 1. Commencement of Complaint
b. Leave abroad - 30 days
c. Reassignment - 45 days
An administrative complaint may be
d. Promotion - 180 days initiated by filing a written and sworn
e. Retirement - 90 days statement before any disciplinary authority or
f. Death Claims - 30 days the IAS, accompanied by affidavits of
g. Others - 30 days witnesses, if any, and other evidence in
support thereof.

The complaint shall be accompanied by


a certificate of non-forum shopping duly
subscribed and sworn to by the complainant.
If the complaint is not accompanied by a
certificate of non-forum shopping, the

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complainant shall be required to submit the assignment of the respondent/s; and


same within five (5) days from notice; otherwise c) A narration of the material facts
the complaint shall be dismissed. which show the act or omission
constituting the offense allegedly
However, if the complaint is verbally committed, the place, date and time of
made with the PNP, IAS, or NAPOLCOM, the commission of the offense.
concerned agency shall assist the
complainant in preparing his complaint- B. Evaluation
affidavit and other documents in support
thereof. Upon receipt of the complaint, the
disciplinary authority concerned shall
In case of a letter-complaint, which is designate the officer who shall conduct the
neither under oath nor based on official evaluation of the same to determine whether it
reports, the evaluator shall require the shall be:
complainant and witnesses to affirm their
signatures and to execute affidavits to a) closed or dropped outright
substantiate the complaint. for lack of probable cause;
b) referred to the appropriate
Such complaint shall likewise be disciplinary authority;
accompanied by a certificate of non- forum c) treated as a
shopping. grievance/request for assistance which
may be referred to the concerned
An anonymous complaint may be the office or government agency; or
basis of a formal complaint provided that the d) recommended for summary
material allegations contained therein may be hearing.
validated.
Any recommendation by the evaluator
A. Contents of a Complaint closing or dropping an administrative
complaint for lack of probable cause shall, in
The complaint shall contain the following: all cases, be approved by the concerned
disciplinary authority or IAS.
a) Full name and address of the
complainant; If after pre-charge evaluation probable
b) Full name, rank and station or cause is found to exist which warrants the

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conduct of summary hearing, the


recommendation of the evaluator for the
conduct of the same shall be approved by the
disciplinary authority or IAS. When the authority
to conduct pre-charge evaluation is
delegated by the disciplinary authority to any
of its Office, the approval of the said
recommendation shall be made by the Head
thereof.

Chapter 9
IAS Investigation Procedures

A. Pre-Charge Evaluation

Pre-charge evaluation is a process to


determine the existence of probable cause
based on the allegations on the complaint
and supporting evidence.

All complaints for pre-charge evaluation


shall be stamped on its face with the date and
time of its receipt and an assigned reference
number, and shall be recorded in a docket
book exclusively maintained for that purpose.

Within three (3) days from receipt of the


complaint or the referral from other disciplinary
authority or investigative agencies, the
assigned officer shall evaluate the same and

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submit his recommendation to the concerned The case shall be deemed formally
disciplinary authority for proper disposition. filed and pending upon receipt and entry
B. Filing and Assignment of Cases for of the same in the official docket of the
Formal Hearing disciplinary authority or IAS. The office
tasked to maintain the docket of
Upon receipt of the approved pre- administrative cases shall inform the PNP
charge evaluation report that the Directorate for Investigation and Detective
respondent should be administratively Management (DIDM) of the pending
charged together with the complete cases, as well as the PNP unit where the
records of the complaint, the office tasked respondent is assigned.
by the disciplinary authority to maintain the
records of administrative cases, shall enter Except in cases filed before the
the case into its official docket by PLEBs, the disciplinary authority or the IAS
stamping on the face of the report or shall within five (5) days from receipt and
complaint the time and date of receipt docketing of the complaint, assign and
and assign a case number to it. transmit the same to a hearing officer.

A docket book shall be maintained C. Preventive Suspension


by the said office and shall contain,
among others, the following data of the 1) Preventive Suspension of the Respondent by
case: date and time of receipt from the the Disciplinary Authority and IAS
evaluator, the case number, the name of
the parties, the offense charged, the The concerned disciplinary authority or
hearing officer to whom the case was IAS, upon motion of the complainant may, at
assigned; the date decision was rendered; any time after a case is formally filed but
before the presentation of complainant’s
the implementing orders; proof of service
evidence is terminated, place the
of decision; date appeal was filed; date
respondent/s on preventive suspension for a
the decision became final and certificate period not exceeding ninety (90) days under
of finality was issued; and other relevant any of the following circumstances:
and material data.
a) That the charge is serious or grave

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and the evidence of guilt is any request for suspension without valid
strong; or grounds shall be held administratively
liable for serious neglect of duty.
b) There is evidence to show that the
respondent is exerting efforts to 3. Entitlement to Reinstatement and
harass, intimidate, coerce, or Salary.
unduly influence the
complainant or his/her witnesses A member of the PNP who may have
into withdrawing his complaint or been suspended from office in accordance
retracting his sworn statement or with R. A. No. 6975 as amended, or who shall
that of his witnesses against the have been separated from office, shall upon
respondent or to tamper with the exoneration from the charges against him, be
evidence. entitled to reinstatement and to prompt
payment of salary, allowances and other
2) Request for Preventive Suspension by the benefits withheld from him by reason of such
PLEB suspension or separation.
In the following cases the superior
officer shall not deny a request for preventive D. Formal Hearing and Disposition of Cases
suspension:
Summons - Within three (3) days upon
a) When the respondent refuses to heed receipt of the complaint by the Hearing
the PLEB'
s summons or subpoena; Officer, he shall issue the summons to be
served upon the respondent, directing him to
b) When the PNP personnel have been submit his answer within five (5) days from
charged with offenses involving receipt thereof, together with whatever
bodily harm or grave threats; documentary evidence the respondent may
have in support of his defense.
c) When the respondent is in a position
to tamper with the evidence; and Answer - The answer shall be in writing,
under oath and must contain material facts,
d) When the respondent is in a position which may either be a specific denial or
to unduly influence the witnesses. affirmation of the allegations in the complaint.
It shall be accompanied by documentary or
Any superior who fails to act on other evidence, if there be any, in support of

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the defense, copy furnished the complainant. Pre-Hearing Conference


It shall also contain a list of witnesses and their
individual addresses, whenever appropriate. Within ten (10) days from receipt of the
answer, the disciplinary authority or IAS shall
The answer shall be filed in three (3) conduct the pre-hearing conference for the
copies either personally or by registered mail, purpose of: a) defining and simplifying the
with proof of appropriate service to the issues of the case; b) entering into admissions
complainant. If the answer is sent by registered and/or stipulation of facts; c) limiting the
mail, it is deemed filed on the date and hour number of witnesses to be presented; d)
of receipt stamped by the post office on the scheduling the dates of hearing; e) marking of
envelope. Said envelope shall be kept and exhibits; and f) threshing out other matters
made an integral part of the answer and relevant to the case. Witnesses not included in
records of the case. the pre-hearing stipulations shall in no case be
allowed to testify.
No motion to dismiss, motion for bill of
particulars or any other motion shall be The parties may agree that summary
allowed, and the filing of the same shall not hearing be dispensed with, instead,
interrupt the running of the reglementary memorandum or position papers be
period for filing an answer. submitted.

Effect of Failure/Refusal to File Answer The conference shall be completed


within two (2) days and the proceedings shall
Failure of the respondent to file an be duly recorded and attested by the parties
answer within the reglementary period shall be and/or counsels.
considered as a general denial of the charges.
Whether the parties are represented by
Effect of Admission by Respondent counsel or not, they shall be made to sign the
certificate of readiness to appear at the
When the respondent in his answer scheduled hearings. In the said certification,
admits his culpability to the charge, the the date of hearing agreed upon by the
hearing shall, nonetheless, proceed in order to parties shall be strictly followed to avoid
determine the degree of his responsibility, and unnecessary delay in the proceedings.
the appropriate penalty to be imposed.

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Hearing Proper
d.) Clarificatory questions may be
Within five (5) days from the pre- allowed, if requested by either
hearing conference, the summary hearing of party, but shall be confined
the case shall proceed. strictly to material and relevant
matters and, insofar, as may be
Order of Summary Hearing compatible with the ends of
justice.
The order of the summary hearing shall be as
follows: Submission of Position Papers

a.) The complainant shall adduce The hearing officer may require the
evidence with proper parties to submit their respective position
identification and marking papers within ten (10) days from the date the
thereof of his exhibits; summary hearing is terminated.

b.) The respondent shall then present Right to Counsel


evidence in support of his
defense with proper identification Parties have the right to avail of
and marking thereof of his counsel. If the parties at the start of the
exhibits; proceedings appear without counsel, they
shall be informed of the right to avail of one if
c.) The proceedings being summary they so desire. However, the hearings shall
in nature, direct examination of proceed as scheduled even in the absence of
witnesses shall be dispensed with counsel.
and the sworn
statements/affidavits of If a party is not represented by counsel,
witnesses, after proper the Hearing Officer shall mark the exhibits
identification and affirmation on presented during the preliminary conference
the truth of the contents thereof, and may propound clarificatory questions, if
shall take the place of their oral necessary.
testimony, except for witnesses
who appeared pursuant to a
subpoena;

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Postponement established or proven without the testimony of


the complaining witnesses. However, before
Postponement of hearing should be dropping the complaint, the disciplinary
discouraged and shall be allowed only in authority or designated hearing officer shall
meritorious cases, such as illness of a party or exert best efforts to locate the complainant
his/her counsel and/or other similar and his witnesses and to inquire into the
unavoidable causes. A request for reason(s) for their failure to prosecute the case.
postponement on the ground of illness shall be
supported by a duly sworn medical certificate. In cases where the culpability of the
respondent can be established by evidence
Regardless of the ground invoked, not other than the testimony of the complainant,
more than two (2) postponements shall be non-appearance of the latter shall not be a
granted for either of the parties. Thereafter, the ground to terminate the proceedings. The
hearing shall proceed as scheduled. disciplinary authority or hearing officer shall
endeavor to continue with the hearing and
Prohibition of Reassignment of Respondent secure the attendance of other vital witnesses,
During the Pendency of an Administrative Case upon proper motion by the prosecution.

A respondent PNP member shall not be Effect of Failure or Refusal of Respondent to


reassigned or transferred to another Appealer
city/municipal police station or unit during the
pendency of the case, unless the concerned If the respondent, despite due notice,
disciplinary authority or IAS certifies that the fails or refuses to appear without justifiable
presence of the respondent is no longer reason during the scheduled hearings, he is
necessary. Any superior who violates this deemed to have waived his right to be
provision shall be administratively liable for present and to submit evidence.
irregularity in the performance of duty.
The respondent shall however, be
Effect of Failure to Prosecute afforded every opportunity to adduce his
evidence during the pendency of the case.
The failure to prosecute the case during
the hearing, despite due notice, shall be a
sufficient ground to drop the complaint where
the culpability of the respondent could not be

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Effect of Compulsory Retirement


The stenographer shall immediately
The compulsory retirement of the transcribe the transcript of stenographic notes
respondent shall not affect the pendency of taken, but in no case beyond fifteen (15) days
his administrative case and the award of from the date of the hearing: Provided
retirement benefits due him shall be subject to however, that if the case is deemed submitted
its final disposition. for report of investigation/resolution/decision,
he shall transcribe all the stenographic notes
In the event that the respondent who within ten (10) days.
has retired is found guilty and the penalty of
suspension is imposed, the corresponding A transcript of the records made and
amount relative to the period of suspension certified to as correct by the official
shall be deducted from that portion of his stenographer or steno typist shall be a prima
retirement benefits that are allowed by law. facie correct statement of the proceedings.

Effect of Death Where Services of Stenographer Not Available.

Death of the respondent during the In areas and cases, where the services
pendency of the case shall terminate the of a stenographer are not available to the
administrative proceedings and has the effect disciplinary authority or IAS, a substantial
of exoneration. account of the proceedings duly certified to
as correct by the disciplinary authority or
Upon presentation of a certified true hearing officer shall suffice.
copy of the death certificate, a resolution
dismissing the case shall be issued by the Submission of Report of Investigation
concerned disciplinary authority, appellate
body or IAS, where the case is pending. The hearing officer of the disciplinary
authority and IAS, whenever applicable, shall
Stenographic Records of Proceedings have thirty (30) days to submit the report of
investigation accompanied by the complete
The entire proceedings during the original records from the date the case is
conduct of the summary hearing shall be submitted for resolution. The report of
taken in shorthand or stenotype, if there is a investigation shall contain the findings of facts
stenographer. and the corresponding recommendation.

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Respondent Found Liable for an Offense


In cases filed before the IAS, the Separate and Distinct from which he was
provincial director, regional director and the Charged
Inspector General shall resolve and forward
the recommendation to the disciplinary A respondent may be found culpable of
authority, within thirty (30) days from receipt of an offense separate and distinct from that for
the report of investigation from the hearing which he was charged: Provided, that the acts
officers. constituting the offense of which he was found
guilty were alleged in the complaint; and the
Period to Render Decision respondent has been given the opportunity to
answer.
The disciplinary authority shall decide
the case within thirty (30) days from receipt of Finality of Decision
the Report of Investigation, or IAS resolution:
Provided, that failure of the disciplinary The disciplinary action imposed upon a
authority to decide on the IAS member of the PNP shall be final and
recommendation within the above-prescribed executory: Provided, that a disciplinary action
period shall render the same final and the imposed by the regional director or by the
disciplinary authority is mandated to PLEB involving demotion or dismissal from the
implement the Decision. service may be appealed to the regional
appellate board within ten (10) days from
Contents of Decision receipt of the copy of the notice of decision:
Provided, further, that the disciplinary action
The decision shall contain the full name imposed by the Chief of the PNP involving
of the parties, rank and assignment of the demotion or dismissal may be appealed to the
respondent, the offense charged, a brief National Appellate Board within ten (10) days
statement of the material and relevant facts, from receipt thereof: Provided, furthermore,
the findings as established during the hearing, that the Regional or National Appellate Board,
the conclusion, the applicable laws, rules and as the case may be, shall decide the appeal
regulations, jurisprudence, and the disposition within sixty (60) days from receipt of the notice
thereof. of appeal: Provided, finally, that the decisions
of the National Appellate Board and Regional
Appellate Board may be appealed to the

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Secretary of the Interior and Local or resolution finally disposing of the case when
Government. no motion for reconsideration or appeal is filed
within the prescribed period.
Motion for Reconsideration
E. Service of Notices and Summons
The party adversely affected may file a
motion for reconsideration from the decision All notices and summons to the
rendered by the disciplinary authority within respondent shall be served by handing the
ten (10) days from receipt of a copy of the same to the respondent in person, or, if he
decision on the following grounds: refuses to receive and sign for it, by tendering it
to him. The process server of the disciplinary
a) Newly discovered evidence authority or IAS shall effect said service.
which, if presented, would
materially affect the decision All notices and summons to the
rendered; or respondent shall be personally delivered to him
at his official station or residence. If for any
b) Errors of law or irregularities reason, the respondent cannot be located
have been committed thereat, the notices and summons shall be
prejudicial to the substantial served at his last known address as appearing
rights and interest of the in his personal file with the Administrative
movant. Office.

The filing of a motion for reconsideration However, if service by the disciplinary


shall stay the execution of the disciplinary authority, IAS or Appellate Body cannot be
action sought to be reconsidered. Only one accomplished under the foregoing modes, the
(1) motion for reconsideration shall be allowed notices and summons directed to the
and the same shall be considered and respondent shall be endorsed to his Chief of
decided by the disciplinary authority within Police or equivalent supervisor who shall have
fifteen (15) days from receipt thereof. the duty to serve the same to him personally
within five (5) days from receipt .
Certificate of Finality
In all cases, the Return shall be made
The disciplinary authority or appellate body within twenty-four (24) hours from service,
shall issue a certificate of finality of the decision either personally or by registered mail.

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as stamped on the envelope. The envelope is


Constructive Service required to be attached to the document as
part of the record.
If, for whatever justifiable reason, the
respondent cannot be served personally, Service of Subpoenas and Interlocutory Orders
service may be made by leaving a copy of the
notice and summons at the respondent’s Subpoenas and other interlocutory
official station. orders shall be served personally in the manner
provided for under Rule 18 hereof; Provided
Responsibility of the Administrative/Personnel however, that if the complainant and/or
Office respondent is represented by counsel, service
of orders to the counsel shall be deemed
The Administrative/Personnel Officer of a service to his client.
unit, office or station shall compile and keep a
complete record of the residential addresses Service of Final Orders/ Decisions/Resolutions.
of all the PNP uniformed personnel assigned
within his area of responsibility. Final orders, decisions, and resolutions
shall be docketed after its release by the
F. Filing and Service of Pleadings, disciplinary authority, IAS or Appellate Body
Processes and Decisions and copies thereof shall be served upon the
parties personally or by registered mail.
The filing of pleadings by the parties
shall be made by presenting the original Implementation of Final Orders/ Decisions, or
copies thereof to the concerned disciplinary Resolutions Which Have Become Final and
authority, IAS or Appellate Body or by sending Executory
them by registered mail with proof that the
other party was served with a copy. Final orders, decisions, or resolutions
which have become final and executory shall
The date and time of the receipt shall be referred to the PNP Regional Director or his
be indicated on the face of the original equivalent supervisor or the Director,
document and the receiving copies. In case Directorate for Personnel and Records
the above-indicated documents were sent by Management (DPRM) for implementation
registered mail, the date and time of actual within five (5) days from receipt of the request
receipt shall be the time and date of receipt or order of the disciplinary authority or

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appellate body to implement the same, copy 2) the assignment of the specific errors
furnished Director, PNP Finance Service; of fact or law, or both, allegedly committed by
Director, Directorate for Investigation and the disciplinary authority; and 3) the specific
Detective Management (DIDM); and the appellate body to which the appeal is being
respondent’s unit assignment. taken.

Any PNP officer charged with the The appellant shall submit a
implementation of a Decision which has Memorandum on Appeal in three (3) legible
become final and executory who fails to copies not later than fifteen (15) days from the
implement the same shall be liable for serious filing of the notice of appeal, copy furnished
neglect of duty. the other party. However, the memorandum
on appeal maybe submitted upon filing the
G. Appeal notice of appeal. Proof that copy of the
memorandum on appeal was served to the
Appeals from the decisions of the other party must be submitted by the
disciplinary authority, Regional Appellate appellant.
Board, National Appellate Board or
recommendation of IAS which ripened into a b) In all appealed cases, the title of the
decision due to inaction by the disciplinary case shall remain as it was before the
authority, shall be taken by the party adversely disciplinary authority, but the party appealing
affected by filing a notice of appeal and the case shall be further referred to as the
furnishing a copy thereof to the other party appellant and the prevailing party as the
and the appellate body, with the deciding appellee.
authority within ten (10) days from receipt of a
copy of the decision. Dismissal of the Appeal

Notice of Appeal and Memorandum On Failure of the appellant to comply with


Appeal the requirements provided in Sections 1 and 2
(a) of this Rule shall be sufficient ground for the
a) A Notice of Appeal shall be filed in dismissal of the appeal.
three (3) legible copies which shall contain the
following:
1) the material dates showing that it
was filed on time;

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Transmittal of the Records Failure of the RAB to decide the appeal


within sixty (60) days from receipt of the case
Within fifteen (15) days from receipt of records shall render the decision of the
the Notice of Appeal, the concerned disciplinary authority final without prejudice to
disciplinary authority shall forward the the filing of an appeal by the party adversely
complete original records of the case to the affected to the Secretary of the Department
appellate body, which shall be systematically of the Interior and Local Government.
and chronologically arranged, paged and
securely bound to prevent loss of any piece of Should the RAB fail to decide the
document thereof. The transmittal of the appeal within the reglementary period
records shall be a ministerial duty and failure provided in this Section, the concerned Board
to forward the same shall be a ground for shall automatically make a written explanation
administrative action against the concerned to the Commission En Banc on its failure to do
official or personnel for serious neglect of duty. so.

Docketing of Appealed Cases The Commission En Banc shall order the


conduct of investigation against the Chairman
Upon receiving the complete original and the PNP representative of the concerned
records, which shall include the exhibits and Board if it appears from the explanation that
transcript of stenographic notes from the an evident neglect of duty was committed by
disciplinary authority, the appellate body shall the Board.
immediately docket the same by stamping the
time and date of receipt on its cover, Withdrawal of Appeal
assigning the appellate the case number and
entering the same on the docket book which At any time before the appellate body
shall be purposely maintained for appealed renders its decision finally resolving the appeal,
cases only. the appellant, as a matter of right, can
withdraw the same; which shall consequently,
Period to Act on Appeal render the appealed decision final and
executory. No motion to reinstate the appeal
The Regional Appellate Board and the shall be allowed.
National Appellate Board shall decide the
appeal within the period of sixty (60) days from
receipt of the complete records of the case.

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improper performance of some act


which might lawfully be done.

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

Chapter 10 4) Incompetence – is ignorance or


the material lack of adequate ability
Administrative Offenses and Penalties and fitness for the satisfactory
performance of police duties. This
The following are the offenses refers to any physical, intellectual,
punishable and defined as follows: psychological and moral quality, the
lack of which substantially
1) Neglect of Duty or Nonfeasance incapacitates a person to perform
– is the omission or refusal, without the duties of a police officer.
sufficient excuse, to perform an act
or duty, which it was the peace 5) Oppression – imports an act of
officer’s legal obligation to perform; cruelty, severity, unlawful exaction,
implies a duty as well as its breach domination, or excessive use of
and the fact can never be found in authority. The exercise of unlawful
the absence of duty. powers or other means, in depriving
an individual of his property or liberty
2) Irregularities in the Performance against his will, is generally an act of
of Duty or Misfeasance – is the oppression.

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6) Dishonesty – is the concealment and submission of reports,


or distortion of truth in a matter of efficient performance of
fact relevant to one’s office, or their duties and
connected with the performance of responsibilities, and the
his duties or connected with the observance of good
performance of his duties; and order, conduct, behavior
and discipline;
7) Disloyalty to the Government -
consists of the abandonment or b) fail to take corrective
renunciation of one’s loyalty to the action by way of warning,
government of the Philippines, or advise, admonition,
advocating the overthrow of the suggestion or disciplinary
government, through overt or covert action to a subordinate, or
acts. to report such conduct
when such subordinate is
Sec. 2. Classification of Offenses - For committing or has already
purposes of determining jurisdiction and committed a dereliction,
applying the appropriate penalty, irregularity or violation of
administrative offenses are classified into light, departmental rules and
less grave and grave: regulations;

A. LIGHT OFFENSES: c) fail to order or cause the


investigation of a
1) Simple Neglect of Duty – Shall subordinate reported to
include but not limited to the following: him as absent without
leave;
a) fail to supervise, inspect
and control subordinates d) fail to disseminate any
directly under his order, directive or
command as to their instruction;
punctuality, attendance,
prescribed attire, proper e) fail to coordinate or
use and maintenance of cooperate with other law
equipment, preparation

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enforcement agencies
and their personnel; k) fail to submit a written
report to his superior
f) absent oneself from office officer immediately or
without having filed the within a reasonable time
necessary application for after accidental firing of
leave or secured the his firearm, when time and
approval of the superior circumstances would
officer for a period not permit;
exceeding three (3) days
in a month; l) fail to take custody of
government issued
g) fail or refuse to give his property from a member
name and badge number under his supervision who
when properly requested; is suspended, separated,
retired or dead;
h) fail to report upon
declaration of alert levels; m) fail to conduct within a
reasonable period,
i) fail to report for duty in proper, thorough and
prescribed uniforms with complete investigation
badge, identification when assigned to do so;
card, service firearm and
other required equipment, n) fail to thoroughly search
except those not required for, collect, preserve and
to wear the prescribed identify evidence in any
uniform by reason of the arrest or investigation
exigency of the service; conducted by him;

j) fail to keep an official o) fail to take proper custody,


appointment with a record, tag, and identify
complainant, informer or property entrusted to him
crime witnesses without as evidence;
lawful justification;

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p) be delayed unnecessarily reassignment without


in attending to or in sufficient reason;
performing a duty;
w) leave his post or beat
q) fail to report to his superior before the end of tour of
officer his inability or duty or leave without the
incapability to report for required turn over to the
duty, attend a incoming duty personnel.
conference, general
inspection, or participate 2) Simple Irregularity in the Performance
in an operation; of Duty – Shall include but not limited to the
following:
r) delay or fail to respond to
a call for assistance ; a) drive a marked police
vehicle while not in
s) fail to inform his superior as prescribed uniform, except
to the result of action those who are not
taken on a call or required to do so by
dispatch; reason of the exigency of
the service;
t) fail to report to his superior
officer a hazardous b) use siren and/or red blinker
condition or dangerous light while not responding
situation; to an emergency or not in
hot pursuit of a fleeing
u) fail to prepare and submit criminal or law violator;
properly written reports
within the prescribed c) malinger, loaf or consort
period of time, if required with others while on duty
by standing regulations; or arrange with another
member to take his place
v) fail to report to a new during his tour of duty,
assignment within ten (10) without prior approval of
days from the order of his superior;

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being challenged or
d) allow unauthorized threatened is one of
member of the PNP to higher rank, the charge
drive marked or shall be that of Grave
unmarked police vehicles; Misconduct;

e) interfere or obstruct the c) read newspaper, books or


work of other members or periodicals while in uniform
change the assignment or and on street duty;
tour of duty of
subordinates not d) be untidy or couth in his
belonging to his personal appearance and
unit/office; behave in an
ungentlemanly or
f) arrange with another undignified manner;
member to take his post or
tour of duty without e) fail to recognize and
superior’s approval. satisfy any just debt;

3) Slight or Simple Misconduct – Shall f) engage in private business


include but not limited to the or practice his vocation or
following: profession during off duty
hours without approval of
a) fail to salute officials, proper authority;
dignitaries, superior officers
and other officials entitled g) solicit attorneys,
thereto or the national bondsmen or guarantors
colors during the playing for arrested or confined
of the national anthem; persons;

b) fight, threaten or quarrel h) fail to be home or to be at


with any member of the the place of confinement
police force; provided, without legitimate reason
that when the member after having been

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reported sick or suffering charge shall be Grave


injuries; Misconduct;

i) use rude or insulting n) be found to have the odor


language or exhibit similar or smell of alcohol on his
rudeness to the public; breath while on duty, or
possesses alcoholic
j) fail to report for record beverages on his person,
with the Complaint or Desk police vehicle, post or
Officer a case prior to its office;
investigation;
o) make or conduct
k) allow or tolerate idlers, unauthorized solicitations
fixers or persons of of contributions from
questionable character to subordinates or private
stay or loiter in his office, persons.
post or place of
assignment without any
legitimate reason or B. LESS GRAVE OFFENSES:
purpose;
1) Less Grave Neglect of Duty – Shall
l) fail to maintain cleanliness include but not limited to the
and orderliness in his following:
office, premises, post or
surroundings; a) fail to execute lawful
orders from higher
m) use official forms, authority or tolerate any
letterheads, seals and subordinate to ignore or
stamps privately or in ridicule any order, rule or
violation of protocol; regulation;
provided, that when they
are used for committing b) fail to make immediate
fraud or dishonesty, the correction or take
appropriate action when

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a dereliction, irregularity or f) fail to communicate to the


violation of law or duty is Chief of Police, through
being committed or has channels, any valuable
been committed in his information that will lead
presence by a to the apprehension of a
subordinate under his wanted person, or furnish
command, or fail to report clues for the solution of a
the same to his case, or for the recovery
commanding officer within of stolen property;
twenty-four (24) hours;
g) fail to issue a Traffic
c) fail to prepare disciplinary Citation Ticket (TCT) or
or administrative Temporary Operator’s
complaint or take such Permit (TOP) to an
other disciplinary action as offending driver whose
may be necessary against license is already
a subordinate under his confiscated;
command who has
committed a serious h) fail to turn in the used
dereliction, violation or Traffic Citation Ticket or
irregularity; Temporary Operator’s
Permit together with
d) fail to comply with any confiscated driver’s
lawful order or instruction license at the end of his
of a superior officer or the tour of duty or within
Chief of Police; twenty-four (24)hours, or
fail to account for the
e) fail to report immediately TCT’s or TOP’s issued to
to his superior officer, or to and used by him;
the Chief of Police the
injury, illness, death or i) fail to report as a peace
escape of a prisoner who officer any incident,
is under his custody; condition or occurrence
witnessed by or reported

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to him which calls for n) sleep on his post while


immediate police action; performing patrol or
guard duty;
j) fail to properly patrol his
beat, sector or post or to m) absent oneself from office
leave or abandon the without having filed the
same without being necessary application
properly relieved; fail to leave or secured the
take appropriate action approval of the superior
concerning vice officer for a period of
conditions in his beat more than three (3) days
and/or give written report but not exceeding fifteen
of the same to his superior; (15) days.

k) fail to report to his superior 2) Less Grave Irregularities in the


officer, within a Performance of Duties – Shall include but not
reasonable period, injury limited to the following:
inflicted by him to a
person or animal, damage a) apply for and serve a
or loss of government search or seizure warrant
property while on or off in any establishment or
duty; private house without the
knowledge or approval of
l) fail to comply with the the Chief of Police or his
order of a court of superior officer;
competent jurisdiction;
b) use traffic violation reports
m) willfully violate office which are not duly
regulations and/or refuse validated by the Land of
or neglect to comply with Transportation Office
said provisions; (LTO), the Metro Manila
Development Authority
(MMDA), or city or
municipal government;

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b) engage in regulated
c) use traffic violation reports gambling or games of
duly validated by the LTO, chance, while on duty;
MMDA, or city/municipal
government but are not c) be drunk and disorderly
issued to him for traffic while on off duty, or drunk
enforcement work; while on duty and in
uniform or in recognizable
d) use the official insignia, uniform of the force;
markings and seal of the
police force in any d) maliciously intrigue against
privately owned vehicle, the honor of a co-officer,
without the authority of or indulge in idle gossip or
the Chief of spread rumors that tend to
Police/superior officer; discredit member;

e) disregard or violate traffic e) exhibit marked discourtesy


rules and regulations while in the course of official
driving a police vehicle duties or use profane or
when not in hot pursuit insulting language to any
and not responding to an superior officer;
emergency call.
f) serve as escort or security
3) Less Grave Misconduct – Shall officer, whether on foot or
include but not limited to the following: by motor vehicle, for any
private individual
a) take advantage of his regardless of his status in
position by procuring social or religious circles on
goods and commodities any occasion, unless
at a losing price to an authorized by the Chief of
unwilling seller, or partake Police or the appropriate
of food, drinks and officials authorized to do
cigarettes free of charge; so;

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g) take a trip abroad without c) fail to apprehend and/or


approved leave and arrest a person under
approval of the authorities circumstances where it is
concerned; his duty to do so;

h) borrow or solicit money or d) fail to return personal


any valuable from his effects of released
subordinates unless the prisoners or other property
latter is engaged in the used in evidence the
lending business. release of which is ordered
by competent authority or
C. GRAVE OFFENSES: court;

1) Serious Neglect of Duty – Shall e) fail to perform his assigned


include but not limited to the following: mission or fail to
participate in an
a) fail or refuse to take operation for the security
command in an of the President, or other
emergency in order to high ranking officials of the
carry out police duty, Philippines or foreign
being the officer present heads of state;
with the highest rank,
grade or position; f) fail to administer first aid
when able and/or convey
b) fail to prevent or suppress to the hospitals, victims of
the criminal act of a traffic accidents, persons
subordinate being shot or stabbed, persons
committed in his presence electrocuted, and other
or fail to report the same who are dying and in
to the Chief of Police need of urgent medical or
within twenty-four hours surgical attention;
(24) after discovery;
g) fail to quell a disturbance
or to protect a person

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from death or injury when necessary application for


able to do so; leave or secured approval
of the authorized official
h) fail to help a brother for a period of more than
peace officer in fifteen (15) days prior to
apprehending or arresting the enjoyment of the
a violator who resists, or in leave.
subduing one assaulting
the arresting officer, or in
disarming an armed 2) Serious Irregularities in the
violator or in coming to the Performance of Duties – Shall include but not
succor of another officer be limited to the following:
who is wounded, injured or
outnumbered; a) act as bodyguard or
security guard for any
i) fail to appear and testify in public official or
court, prosecutor’s office, candidate for any
the PNP disciplinary elective public office or
authorities, appellate position or any other
bodies, the IAS or any person within three (3)
other quasi-judicial body months immediately
when duly notified or preceding any election
subpoenaed as witness. If and within one (1) month
his non-appearance thereafter, without
resulted in the dismissal of authority from the
the case or the acquittal Commission on Election;
of the accused; or when
he is the principal witness b) acts as bodyguard or
or the arresting officer, the security guard for the
penalty of dismissal from person or property of any
the service shall be public official, or private
imposed; person unless approved
j) Absent oneself from office by the proper authorities
without having filed the concerned;

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of police, or his superior


c) reveal secret or officer;
confidential police
matters and information h) perform the duties and
which jeopardize police functions of customs or
mission and operations, or immigration authorities
which cause injury or without proper deputation
damage to citizens; in accordance with law;

d) unauthorized i) escort or allow other


establishment of members to escort
checkpoints in any public detention prisoners
thoroughfare for the outside the jail in order to
purpose of stopping or attend a funeral, visit a
searching vehicles or sick relative, or solicit a
persons or if authorized bond without an order of
does not comply with the the court or proper
Rules set by the PNP; jurisdiction.

e) unauthorized escorting of 3) Grave Misconduct – Shall include


any vehicle carrying highly but not limited to the following:
dutiable or taxable goods,
merchandise, appliances a) maltreat or abuse any
or machinery; prisoner or detained
person under his custody;
f) failure to turn over to the
police station within a b) receive for personal use of
reasonable period any a fee, gift or other
apprehended or arrested valuable thing in the
person; course of official duties or
in connection therewith
g) countermand any lawful when such fee, gift or
order of the mayor, chief other valuable thing is
given by any person in the

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hope or expectation of The propriety or


receiving a favor or better impropriety of the
treatment than that foregoing shall be
accorded to other determined by its value,
persons, or committing kinship, or relationship
acts punishable under the between the giver and
anti-graft laws; receiver and the
motivation. A thing of
c) join a strike or refuse to monetary value is one
report for duty in order to which is evidently or
secure changes in terms materially excessive by its
and conditions of his very nature;
employment, or to oust
the chief of police or any f) directly or indirectly have
other officer from office; financial and material
interest in any transaction
d) contract loans of money requiring the approval of
or other property from his office. Financial and
persons with whom the material interest is defined
PNP office has business as pecuniary or
relations; proprietary interest by
which a person will gain or
e) solicit or accept directly lose something;
or indirectly, any gift,
gratuity, favor, g) own, control, manage or
entertainment, loan or accept employment as
anything of monetary officer, employee,
value which in the course consultant, counsel,
of his official duties or in broker, agent, trustee,
connection with any nominee in any private
operation being regulated enterprise regulated,
by, or any transaction supervised or licensed by
which may be affected by his office, unless expressly
the functions of his office. allowed by law;

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part in any election


h) publicly consort with except to vote;
women of ill repute and/or
scandalously cohabit with n) deliberately or through
or maintain a wife other gross negligence, destroy,
than his legitimate spouse; damage or lose
government property
i) fail or refuse to surrender or entrusted to him for official
deposit his service firearm, use;
badge, identification card
and police vehicle, if any, o) mutilate, deface or
to his superior officer upon destroy any driver’s
demand during the period license, traffic citation
of suspension; ticket or temporary
operator’s permit issued in
j) willful failure to pay just lieu thereof;
debts or obligation due to
the government; p) inflict physical
injuries upon a suspect to
k) appropriate for his or allow force the latter to give a
another person the confession;
beneficial use of any
stolen property that is q) act as mediator or fixer for
recovered, found or the return of any stolen
abandoned; vehicle or property
whether held for ransom or
l) solicit money, valuable or not;
favor for the amicable
settlement of cases under r) commit any act or
investigation; omission that constitutes a
crime punishable under
m) engage directly or the Revised Penal Code or
indirectly in partisan Special Laws.
political activities or take

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4) Oppression - Any member of the Profile, facts which are not


police force who shall abuse his authority in a true, or conceal or distort
tyrannical, cruel and high-handed manner material facts;
shall be guilty of Oppression.
b) makes a false report or entry
5) Gross Incompetence - When the in the police blotter or any
offense or negligence is committed by a department record;
reason of manifest lack of adequate ability
and fitness on the part of the respondent c) gives deliberate false
member for the satisfactory performance of testimony against or in favor
police duties, the erring member shall be guilty of a person facing a criminal
of Gross Incompetence. or administrative charge;

6) Disloyalty to the Government - Any d) destroy, conceal, or tamper


member of the PNP who shall abandon or physical evidence to be
renounce his loyalty to the government of the presented in court or any
Republic of the Philippines or who shall office conducting an
advocate the overthrow of the government, investigation by exchanging,
through covert or overt acts, shall be guilty of altering, damaging or diluting
Disloyalty to the Government. He shall be as to affect its original
punished with the maximum penalty of appearance, composition
dismissal from the service. and content;

7) Dishonesty - Any member of the e) intentionally provide the


police force who shall conceal, alter, or distort public with false information
the truth in a matter of fact relevant to his affecting public interest.
office, or connected with the performance of
his duties shall be guilty of Dishonesty. It shall
include but not be limited to the following:

a) any member who shall


knowingly enter in his
Information Sheet or CSC 212
Form, or in his Individual Police

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PENALTIES or forfeiture of salary; or any


combination thereof from
The following are the penalties that may eleven (11) days to twenty
be imposed in police administrative cases: (20) days (medium period);

a) Withholding of privileges 3) Withholding of privileges;


b) Restriction to specified limits restriction to specified limits;
c) Restrictive custody restrictive custody; suspension
d) Forfeiture of salary or forfeiture of salary; or any
e) Suspension combination thereof from
f) Any combination of penalties twenty one (21) days to thirty
under Section 1, (30) days (maximum period)
subparagraphs (a) to (e)
g) One (1) rank demotion For Less Grave Offenses:
h) Dismissal from the service
1) Withholding of privileges;
Sec. 2. Range of Penalties. - The restriction to specified limits;
penalties for light, less grave and grave restrictive custody; suspension
offenses shall be made in accordance with the or forfeiture of salary; or any
following ranges: combination thereof from
thirty-one (31) days to forty
For Light Offenses: (40) days (minimum);

1) Withholding of privileges; 2) Withholding of privileges;


restriction to specified limits; restriction to specified limits;
restrictive custody; suspension suspension or forfeiture of
or forfeiture of salary; or any salary; or any combination
combination thereof from one thereof from forty one (41)
(1) day to ten (10) days days to fifty (50) days
(minimum period); (medium period);

2) Withholding of privileges ; 3) Withholding of privileges;


restriction to specified limits; restriction to specified limits;
restrictive custody; suspension restrictive custody; suspension

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or forfeiture of salary; or any


combination thereof from a) The following are mitigating
fifty-one (51) days to fifty nine circumstances:
(59) days (maximum period).
1) illness;
For Grave Offenses: 2) good faith;
3) length of service in the
1) Sixty (60) days to Six (6) government;
months suspension (minimum 4) Awards and commendations;
period); 5) analogous circumstances.
2) One (1) rank demotion
(medium period); b) The following are aggravating
3) Dismissal from the service circumstances:
(maximum period).
1) taking advantage of official
Limitation in the Imposition of Penalties position;
2) taking undue advantage of
In case of forfeiture of salary the subordinate;
amount shall not exceed the equivalent of one 3) use of government property in
(1) month salary. the commission of the
offense;
The penalty of “Withholding of 4) repeatedly charged;
Privileges" shall be confined to deferment of 5) offense is committed during
vacation leave privileges, participation in office hours and/or within the
training grants or programs and such other premises of the government
similar privileges normally enjoyed by civil office or building;
service employees. 6) employment of fraudulent
means to commit or conceal
Qualifying Circumstances the offense;
7) intoxication;
In the determination of penalties to be 8) being a recidivist;
imposed, mitigating and aggravating 9) offense committed in
circumstances attendant to the commission of consideration of a price or
the offense/s shall be considered. reward;

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10) when the victim is a minor, where no mitigating and


feeble minded or physically aggravating circumstances
disabled; are present.
11) when offense is committed in
cooperation with two (2) or d) The maximum period of the
more persons; penalty shall be imposed
12) utilizing minor in the where only aggravating and
commission of the offense; no mitigating circumstances
and are present.
13) Analogous circumstances.
e) Where aggravating and
Guidelines in the Application of Penalties mitigating circumstances are
present, rule (b) shall be
The imposition of the penalty shall be applied where there are more
made in accordance with the manner herein mitigating circumstances
below provided: present; rule (c) shall be
applied where the
a) Like penalties shall be circumstances equally off-set
imposed for like offenses and each other; rule (d) shall be
only one penalty shall be applied when there are more
imposed for each case. "Each aggravating circumstances.
case" means one
administrative case which f) If the respondent is found
may involve one or more guilty of two (2) or more
charges or counts. charges or counts, the
penalty to be imposed should
b) The minimum period of the be that corresponding to the
penalty shall be imposed most serious charge or count
where only mitigating and no and the rest shall be
aggravating circumstances considered as aggravating
are present. circumstances.

c) The medium period of the g) In the appreciation of any


penalty shall be imposed mitigating circumstance in

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favor of the respondent or of shall carry with it that of


any aggravating disqualification for
circumstance against him, the promotion and
same must be invoked or withholding of privileges
pleaded by the party corresponding to the
concerned, otherwise, such period of suspension.
circumstances shall not be
considered in the c) The penalty of forfeiture of
determination of the penalty salary, which consists of an
to be imposed. amount not exceeding
one (1) month salary, shall
Administrative Disability Inherent in Certain carry with it that of
Penalties disqualification for
promotion corresponding
The following are the administrative to the period of the
disabilities inherent in certain penalties: penalty imposed.

a) The penalty of dismissal,


which results in the
separation of the
respondent from the
service, shall carry with it
that of cancellation of
eligibility, forfeiture of
retirement benefits, and
the disqualification for re-
employment in the
government service;
b) The penalty of suspension,
which consists in the
temporary separation or
cessation of work of the
respondent for the
duration of the sanction,

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2. When and how was the IAS created?

The Internal Affairs Service was created


pursuant to the provisions of Title V, Republic
Act 8551, otherwise known as the Philippine
National Police Reform and Reorganization Act
1998 approved on February 25, 1998.

The philosophy and clear intent of


Congress to create IAS is to establish an
agency that is independent and autonomous
with its own separate hierarchy and career
path for its members, to effectively carry out its
Chapter 11 mandate to “Police the Police”. Based on their
studies, they found out that the most effective
Frequently Asked Questions and successful mechanism in the disciplining of
police officers used in other countries is the
creation of a police within the police.
1. What is the Internal Affairs Service?
It was then on June 1, 1999, when NHQ
The Internal Affairs Service is designated PNP issued General Order No. DPL 99-004
as the institutional watchdog agency for the dated June 1, 1999, setting the formal start of
PNP. As such, it is the lead agency for the PNP IAS operation. The order also deactivated the
organization in the campaign against all forms Inspectorate and Internal Affairs Office (IIAO)
of misconduct in the PNP. It is accorded with in the various PNP Offices nationwide. In turn,
the status of an independent, impartial, IG IAS issued Staff Memo Nos. 99-001, 99-002,
objective, investigative and adjudicatory 99-003 and 99-004 to constitute the IAS Interim
agency within the Philippine National Police. It Offices at the national, regional, provincial,
is empowered primarily to inquire into the state district and city levels.
of discipline, efficiency, economy, training,
morale and readiness of the PNP.

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3. Who heads the Offices of the IAS?


b) investigate complaints and
gather evidence in support of an open
The Internal Affairs Service shall be
investigation;
headed by an Inspector General who shall be
assisted by a Deputy Inspector General.
c) conduct summary hearings on
PNP members facing administrative
Currently, the Inspector General is Atty. charges;
Alexis Cortez Canonizado, a lawyer, former
Senior State Prosecutor of the Department of d) submit a periodic report on the
Justice, RTC Judge and Commissioner of the assessment, analysis and evaluation of
National Police Commission. He is assisted by the character and behavior of PNP
the Deputy Inspector General in the person of personnel and units to the Chief, PNP
PCSUPT JAIME L TAGACA. and the Commission;

e) file appropriate criminal cases


4. What is the qualification requirements for the against PNP members before the court
Head of the IAS? as evidence warrants and assist in the
prosecution of the case;
The Head of the Internal Affairs Service f) provide assistance to the Office
shall be a civilian who shall meet the of the Ombudsman in cases involving
qualification requirements provided in RA 8551. the personnel of the PNP.
Its purpose is to stress the civilian character of
the police service. 6. Can the IAS, on its own initiative conducts
investigation of PNP members?
5. What are the Powers and Functions of the
Internal Affairs Service? Yes, the IAS can conduct motu proprio,
automatic investigation on the following cases:
IAS exercises the following powers and
functions as enumerated in Sec. 39, RA 8551: a) incidents where police personnel
discharges a firearm;
a) pro-actively conduct inspections
and audits on PNP personnel and units;

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b) incidents where death, serious physical cause is found to exist, the Regional IAS will
injury, or any violation of human rights conduct summary hearings and thereafter,
occurred in the conduct of a police operation; decide the case. Decisions of the Regional IAS
on findings of probable cause are subject to
c) incidents where evidence was appeal to the National IAS and the decisions
compromised, tampered with, obliterated, or of the latter are appealable to the National
lost while in the custody of police personnel; Appellate Board of NAPOLCOM, or to the
court as may be appropriate.
d) incidence where a suspect in the
custody of the police was seriously injured; and
9. In what particular instance may a PNP
e) incidence where the established rules of member be dismissed from service?
engagement have been violated.
Once found culpable for violation of
any of the cases mentioned in Sec. 39 of RA
7. How does IAS affect the career of a Police 8551 (supra) as well as other administrative
Officer? offenses provided under existing laws and Civil
Service Rules and Regulations.
The IAS shall provide documents or
recommendations as regards to the promotion
10. What liability has the superior or the
of the PNP members or the assignment of any
supervisor of the erring PNP member, if
PNP personnel to any key position. A PNP
any?
member with a pending case with IAS cannot
also be issued a clearance or cannot be
The immediate supervisor or superior of the
suspended or dismissed upon the initiative of
erring PNP member shall be included in the
IAS.
investigation to determine lapses in
administration and supervision.
8. What exactly is the disciplinary mechanism
in the IAS?
11. Does the IAS perform similar functions as
the People’s Law Enforcement Board
The pre-charge investigation is
(PLEB)?
conducted by the Provincial IAS. His
findings/recommendations are submitted to
the Regional IAS for review. Once a probable

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The IAS exercises concurrent jurisdiction aside, or unduly delayed by any disciplining
with the PLEB and other disciplinary authorities authority without just cause.
on matters of investigation of cases although
NAPOLCOM Memorandum Circular No 2007-
13. What is the effect of the creation of IAS to
001 requires it to submit its
the summary dismissal powers of the
resolutions/orders/decisions to the proper PNP
Chief, PNP and Regional Directors?
disciplinary authority for disposition and
implementations.
The summary dismissal powers of the
In the case of Albao and De Leon vs Chief, PNP and Regional Directors as provided
IAS, et.al., (CA-G.R. SP No. 58225, January 15, in Sec. 42 of R.A. 6975 shall remain valid.
2001). The court ruled that the “PLEB jurisdiction Provided, that the existing jurisdiction over
is concurrent with that of other disciplinary offenses as provided under R.A. 6975 shall not
authorities, including the IAS.” be affected.
In the other case of Rudy L. Celis vs.
Regional Internal Affairs Service, et.al. (CA G.R 14. What is the liability of a disciplining
SP No. 72845, March 26, 2003), the Court held authority who fails to act or who acts with
that “The Internal Affairs Service was created abuse of discretion in the decisions of IAS?
pursuant to Republic Act 8551, otherwise
known as the PNP Reform and Reorganization Any disciplinary authority who fails to
Act of 1998, with the mandate, among others, act or who acts with abuse of discretion on the
to investigate complaints, and gather decisions of IAS shall be made liable for gross
evidence in support of an open investigation neglect of duty.
conduct summary hearings on PNP members
facing administrative charges and to hear and
15. Where can complaints against an IAS
decide the case.”
personnel be brought?

12. Can the disciplinary authority in the PNP A complaint against any personnel or
revise the decision of IAS? office of IAS shall be brought to the Inspector
General’s Office or to the Commission as may
Decisions of IAS in the imposition of be appropriate.
disciplinary measures against an erring PNP
personnel, once final, cannot be revised, set

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16. How does one become a member of the allowed to sit in a committee deliberating on
IAS? the appointment, promotion, or assignment of
any PNP personnel.
Entry to IAS is voluntary and subject to
rigid screening where only PNP personnel who
20. What are the incentives provided by law for
have at least five (5) years experience in law
joining IAS?
enforcement and who have no derogatory
records shall be considered, except members
1. an occupational specialty pay not
of the BAR may enter the service laterally.
to exceed fifty percent (50%) of the basic pay;
2. priority in the quota allocation for
17. Who appoints the members of the IAS?
training and education both here and abroad;
3. separate promotion system to be
Initial appointments of Heads of Offices
established by NAPOLCOM.
in the IAS shall be made by the President.
Thereafter, appointments and promotions shall
be made by the Inspector General based on a
21. Who may file a complaint against the PNP?
career pattern and criteria to be promulgated
by the NAPOLCOM.
Any individual whether a natural or
juridical person who is a victim of police abuses
18. How about the civilian components of the / misconduct or who has knowledge of any
IAS? police irregularities may file a complaint.

Appointment of non-uniformed
22. How is a complaint made?
personnel to the IAS shall be made by the
Inspector General either from within or outside
Generally, all complaints should be
the PNP organization.
submitted in writing and under oath with a
detailed account of the matter complained
19. What are the prohibitions on PNP members about, with enough evidence, will be of great
who join the IAS? help. A complaint which does not disclose the
identity of the complainant will be acted upon
Any personnel who joins the IAS “may only if it merits appropriate consideration, or
not” thereafter join any other unit of the PNP. contain sufficient leads or particulars, enable
Neither shall any personnel of the IAS be the taking of further action.

125 126
IAS Manual 2008 IAS Manual 2008

23. To whom should complaints be addressed?

Complaints may be addressed directly IAS Manual 2006


to the Office of the Inspector General or to the RA 8551, Title V Sec. 39-51
Regional and Provincial Internal Affairs Service. NAPOLCOM Memo Cir No 2007-001
EO 101 dated May 7, 1999
IAS organizational Pattern and Functions

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127 128

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