Professional Documents
Culture Documents
Police Administrative Disciplinary Machinery
Police Administrative Disciplinary Machinery
Annex 7
Pursuant to Section 43(d) (4), of Republic Act No. 6975, otherwise known
as the Department of the Interior and Local Government Act No. 1990," following
Rules of Procedure governing the investigation and disposition of administrative
complaints filed against members of the Philippine National Police (PNP) before
the People's Law Enforcement Board (PLEB) are hereby adopted and
promulgated:
RULE I
PURPOSE AND SCOPE
I~ IJLE II
POLICE ADMINISTRA1I'" DISCIPLINARY MACHINERY
a.
Disciplinary Authority
Chief of Police t ,,
Administrative Penalty
Withholding of privileges, restriction
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to specified limits, suspension or
forfeiture of salary, or any
combination thereof, for a period of
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not exceeding fifteen (15) days
b. City/Municipal Mayors I
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Withholding of privileges, restriction
to specified limits, suspension or
I forfe Iture of salary, or any
carr bination thereof, for a period
frcrT' sfxteen (16) days to thirty (30)
ca/s.
RULE III.
ORGANIZAT-ION.JURISDICTION COMPOSITION,
TERM OF OFFICE, AND QUORUM OF PLEB
Sec.5. Term of Office - The term of office of the members of the PLEB
shall be for a period of two (2) years from assumption of office. Such member
shall hold office until his successor shall have been chosen and qualified.
Sec.7. Compensation - Membership in the PLEB is a civic duty. How8ver
PLEB ..members may be paid per diem as may be determined by the city or
municipal council from the city or municipal funds.
Sec.8. Quorum:'-' The presence of the majority of all the PLEB members
'shall constitut~ a quorum. The Board shall determine, by a majority vote of its
members and its chairman, whether or not the respondent officer or member of
the PNP is guilty of the charge upon which the complaints is based.
Sec.g. Nature of Preceding -Investigation conducted by the PLEB shall
be summary in nature and without strict regard to the technical rules of evidence,
but, in accord with the rudiments and requirements of due process.
Sec.10. Filling of Complaints before PLI;B - The PLEB shall receive
complaints referred to, or filed with it, by any citizen or resident of the Philippines
personally aggrieved by an offense committed by a PNP member, or by the
former's authorized representative. A citizen's complaints filed directly with the
National Police Commission or of any agency of the government shall be
transmitted immediately by the head of the agency concerned to the proper
PLEB, copy furnished the superior of the respondent.
Sec.11. Power of Duties - The PLEB shall have the power to investigate
and adjurlicate all administrative charges formally filed with, or referred to it,
against any. member of the PNP, and to impose the corresponding penalty.
For this purpose, the PLEB, acting through its chairman is empowered
to administer oaths, summon witnesses, and require the production of
documents, records, books, etc.,
RULE IV
PROCEDURE
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MANUAL FOR PROVINCIAL AND CITY DIRECTORS 173
RULE V
DUTIES OF NAPOLCOM HEARING OFFICERS
RULE VI
ADMINISTRATIVE OFFENSES
Section 1. Offense Punishabl;' - The following are the offenses for which
a member of the PNP may be chargbJ administratively:
a. Neglect of duty
b. Irregularity in the Perf-lance of Duty
c. Misconduct
d. Incompetency
e. Oppression
f. Dishonesty
g. Disloyalty to the Gave -rent
h. Violation of Law
and are defined as follows:
176 MANUAL FOR PROVINCIAL AND CITY DIRECTORS
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MANUAL FOR PROVINCIAL AND CITY DIRECTORS 183
lawful;
o. be employed as a bouncer, security guard, watchman or
lookout in a gambling den, narcotic dens, prostitution house,
biniboy joint, or any other dubious establishment;
p. perform the duties and functions of customs or immigration
authorities without proper deputation in accordance with
law:
q. escort or allow other rnembers to escort detention prisoners
outside the jail in order to attend a funeral, visit a sick
relative, or solicit a bond without an order of the court of
proper jUrisdiction: and
r. commit any other act a'lalogous to the foregoing.
D. OPPRESSION:
Any member of the police force who shall abuse his authority in
a tyrannical, cruel, and high-handed manner shall be guilty of Oppression.
E. GROSS INCOMPETENCY:
G. DISHONESTY:
, Any member of the police force who shall conceal, alter or, distort
the truth in a matter of fact relevant to his office, or connected with the
performance of his duties shall be guilty of Dishonesty. The following facts
constitute Grave Dishonesty:
H. VIOLATION OF LAW:
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Threats - Art. :233 ibid); .'-~=:..:o.
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188 MANUAL. FOR PROVINCIAL AND CITY DIRECTORS
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MANUAL FOR PROVINCIAL AND CITY DIRECTORS 189
RULE VII
ADMINISTRATIVE PENALTIES
Sec. 2. Schedule of Penalties - The penalties for light, less grave and
grave offences sllall be made in accordance with the following schedule:
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a. Like penalties shall be imposed for the offenses and only one
penalty shall be imposed for each case. "Each case" means one administrative
case which may involve one or more charges Qr counts;
b. The minimum of the penalty shall be imposed where only mitigating
and no aggravating circumstances are present
c. The medium of the penalty shall be impose where no mitigating
and aggravating circumstances are present
d. The maximum of the penalty shall be impose where no mitigating
and aggravating circumstances ate present
e Where aggravating and Illitigating circumstances are present, the
rule \a) shall be applied where there are more mitigating circumstances present,
rule (b) shall be applies where the circumstances equally off-set each others; and
rule (c) shall be applied when there are more aggravating circumstances; and
f. If the respondent is found guilty of two (2) or more charges or
counts, the penalty to be imposed should be that corresponding to the most
serious charge or count and the rest shall be considered as aggravating
circumstance.
RULE VIII
FINAL PROVISIONS
Original Sigr,ed
LUIS T. SANTOS
Secretary, Department of the
Interior and Local Government and
Chairman; National Police Commission
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