Chapter 5: Operations and Filling of Charges

Lesson 1: PNP Disciplinary Mechanism

This is based on the Memorandum Circular No. 2016-002, REVISED RULES OF PROCEDURE BEFORE THE
ADMINISTRATIVE DISCIPLINARYAUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE
PHILIPPINENATIONAL POLICE
Pursuant to Republic Act No. 6975 known as the "Department of the Interior and Local
Government Act of 1990" as amended by Republic Act No. 8551 otherwise known as the “Philippine
National Police Reform and Reorganization Act of 1998” the provisions of NAPOLCOM Memorandum
Circular No. 2007-001 are hereby revised.
Within the PNP, the Internal Affairs Service or IAS — dubbed "the police of the police" —
receives evidence and investigates cases mostly concerning breaches of internal discipline.
The IAS then recommends penalties to disciplinary authorities — from the PNP Chief to the
regional and police director and the station/chief of police — depending on the gravity of crimes
committed.
The IAS can also investigate motu propio or on its own in certain cases, such as when death,
serious injury or any violation of human rights occurs during a police operation or where evidence was
compromised or tampered with.
Outside the PNP, the National Police Commission (NAPOLCOM), the People's Law Enforcement
Board and the city or municipal mayor also receive complaints.
Criminal and administrative complaints can also be filed at the Ombudsman or regular trial
courts.
Once a decision has been rendered, a convicted police officer can exhaust several layers of
appeal at the NAPOLCOM, Secretary of Interior and Local Government, Civil Service Commission and
regular appeals courts.

Revised Rules of Procedure Before the Administrative Disciplinary Authorities an

the Internal Affairs Service of the Philippine National Police
These Rules shall apply to all administrative cases filed against uniformed members of the
Philippine National Police (PNP) before the different administrative Disciplinary Authorities and the
Internal Affairs Service (IAS).

Disciplinary Authorities
- shall refer to the:
 city or municipal mayors
 chiefs of police or equivalent
 supervisors
 provincial directors or equivalent supervisors
 regional directors or equivalent supervisors
 People Law Enforcement Board (PLEB)
 Chief of the PNP
 National Police Commission (NAPOLCOM)

Equivalent Supervisors – PNP Officers occupying positions/ designations equivalent to that of

Chief of Police, Provincial Director and Regional Director who are vested with disciplinary
 authority over personnel of their respective offices, charged with minor offenses involving
breach of internal discipline as provided under Section 41 (b) of R.A. 6975, as amended:

For purposes of these Rules, the following are considered equivalent supervisors:
1. Chief of Police
a. Chief, Provincial Public Safety Company
b. Chief, District Public Safety Battalion
c. Chief, Police Station of Manila Police District and Quezon City Police District
2. Provincial Director
a. Director, City Police Office of Highly Urbanized of Chartered Cities
b. Chief, Regional Public Safety Battalion
c. Chief, Regional Administrative Support Unit
d. Chief, Regional Operational Support Unit
3. Regional Director
a. Director, Police District Office. National Capital Region Police Office
b. Director, National Administrative Support Unit
c. Director, National Operational Support Unit

In case the head of any of the above-enumerated offices/units of the PNP is only an
officer-in-charge, he/she may conduct investigation and submit his recommendation to the next
higher Disciplinary Authority.
Police Inspection and Disciplinary Mechanisms
Internal Affairs Service
An Internal Affairs Service (IAS) of the PNP created under RA 8551 shall have the following
functions and power:
1. Pro-actively conduct inspections and audits on PNP personnel and units;
2. Investigate complaints and gather evidence in support of an open investigation;
3. Conduct summary hearings on PNP facing administrative charges;
4. Submit a periodic report on the assessment, analysis, and evaluation of the character and
behavior of PNP personnel and units to the Chief PNP and the Commission;
5. Fie appropriate criminal cases against PNP members before the court as evidence warrants and
assist in the prosecution of the case;
6. Provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP

The IAS shall also conduct motu propio, automatic investigation of the following cases:
1. Incidents where a police personnel discharges a firearm
2. Incidents where death, serious physical injury, or any violation of human rights occurred in the
conduct of police operations.
 3. Incidents where evidence was compromised, tampered with, obliterated, or lost while in the
custody of personnel.
4. Incidents where a suspect in the custody of the police was seriously injured.
5. Incidents where the established rules of engagement have been violated.

The IAS shall provide document or recommendations as regards to the promotion of the
members of the PNP or the assignment of the PNP to any key positions.
Any uniformed PNP personnel found guilty of any of the cases mentioned and any immediate
superior or superior found negligent shall be recommended automatically for dismissal or demotion, as
the case may be.
Recommendations by the IAS for the imposition of disciplinary measures against erring PNP
personnel, once final cannot be revised, set-aside, or unduly delayed by any disciplining authority
without just cause.
Any disciplining authority who fails to act or who acts with abuse of discretion on the
recommendation of the IAS shall be made liable for gross neglect of duty. The case of erring disciplinary
authority shall be submitted to the Directors General for proper disposition.
A complainant against any personnel or office of IAS shall be brought to the Inspector General’s
or to the Commission as may be appropriate.

Disciplinary Mechanism Personnel Discipline in the PNP

Refers to the extent of field of learning, training and conditioning of the police obedience and
self-control subject to systems of rules of behaviors in the police service. It is how police personnel cope
with the do’s and don’ts within the police organization.

Imposable penalties in Administrative Cases in the PNP

1. Withholding of Privileges
2. Restriction to satisfied limits
3. Suspension
4. Forfeiture of Salary
5. Reprimand or Admonition
6. Restricted Custody
7. Dismissal from service
Administrative Offenses that may be imposed against a PNP member
1. Neglect of Duty or Nonfeasance – It is the omission or refusal, without the sufficient excuse, to
perform an act or duty, which it was the police officer’s legal obligation to perform, it implies a
duty as well as its breach and the fast can never be found in the absence of duty.
2. Irregularities in the Performance of Duty – it is the improper performance of some act, which
might lawfully be done.
3. Misconduct or Malfeasance – It is the doing, either through ignorance, inattention or malice, of
that which the officer had no legal right to do it at all, as where he acts without any authority
whatsoever or exceeds, ignores or abuse his powers.
4. Incompetency – it is the manifest lack of adequate ability and fitness for the satisfactory
performance police duties. This has reference to any physical, moral or intellectual quality the
lack of which substantially incapacities one to perform the duties of police officers.
5. Oppression – It imports an act of cruelty, severity, unlawful exaction, domination, or excessive
use of authority. The exercise of unlawful powers or other means, in depriving an individual of
his liberty or property against his will, is generally an act if oppression.
6. Dishonesty – It is the concealment or distortion of truth in a matter of fact relevant to one’s
office, or connected with the performance of his duties.
7. Disloyalty to the Government – It consist of abandonment or renunciations of one’s loyalty to
the Government of the Philippines, or advocating the overthrow of the Government.
8. Violation of Law – This presupposes conviction in court of any crime of offense penalized under
Revised Penal Code or any special law or ordinance.

Nature of Complaint against PNP members

1. Citizen’s Complaint – Any complaint by a natural or juridical person against any PNP member
shall be brought before the following;
a. Chiefs of Police or equivalent supervisor may summarily impose the administrative
penalties in all cases provided that it does not exceed 15 days.
b. Provincial Director or equivalent supervisor may summarily impose the administrative
penalties in all cases provided that it does not exceed 30 days.
c. The Regional Director or equivalent supervisor may summarily impose the
administrative penalties in all cases provided that it does not exceed 60 days.
d. The Chief PNP or equivalent supervisor may summarily impose the administrative
penalty of dismissal from service. He may also impose the penalty of admonition or
reprimand, restrictive custody, with holding of privileges, suspension or forfeiture of
salary, demotion, or any combination thereof for a period not exceeding 180 days.
A “minor offense” shall refer to any act or omission not involving moral turpitude, but affecting
internal discipline which include but not limited to the following
a. Simple misconduct or negligence
b. Insubordination
c. Frequent absences or tardiness
d. Habitual Drunkenness
e. Gambling prohibited by law
2. “Forum shopping” or multiple filing complaint” – When an administrative case is filed with a
police disciplinary authority, no other case involving the same cause of action shall be filed with
any other disciplinary authority.
To prevent this from happening, the complainant shall certify under oath the following:
 a. That he has not commenced any other action or proceeding involving the same issue in
other disciplinary forum.
b. That to the best of his knowledge, no such action or proceeding is pending in other police
administrative machinery.
c. That if there is any such action or proceeding which is either pending or may have been
terminated, he must state the status thereof
d. That if he should learn thereafter that a similar action or proceeding has been filed or is
pending before any other disciplinary authority where the case is originally filed.

Summary Dismissal Powers

a. NAPOLCOM
b. PNP Chief
c. PNP Regional Director
These authorities after due notice and summary hearing may immediately remove or dismiss
any respondent PNP member in any of the following cases;
a. When the changes is serious and evidence of guilt is strong
b. When the respondent is a recidivist or is repeatedly charged and there are reasonable
grounds to believe that he is guilty of the changes
c. When the respondent is guilty of a serious offence involving conduct unbecoming a
police officer
Absence Without Official Leave (AWOL) as a ground for summary dismissal
AWOL refers to the status of any PNP member who absent himself without approved leave of
absence and encompasses but not limited to the following:
a. Absence from place of work or assignment without approved vacation leave
b. Failure to report for duty after the expiration of the approved leave of absence
c. Failure to give notice to his immediate superior officer of his mobility to work on account
of sickness or injury
d. Failure to file appropriate application for sick leave
e. Abandonment of work or assignment without prior approval of superior officer
f. Failure to report to his new assignment within 3 days of receipt of the order of
assignment or for reporting to a unit where he officially assigned.

Disciplinary Appellate Boards – the formal administrative disciplinary machinery of the PNP shall be the
National Appellate Board and the Regional Appellate Boards.
a. National Appellate Board – composed of the four (4) regular commissioners and shall be
chaired by the executive officer. The Board shall consider appeals from decisions of the
Chief of the PNP.
b. Regional Appellate Board – established in every region composed of a senior officer of
the regional Commission as Chairman and one (1) representative each from PNP, and the
regional peace and order council as members. It shall consider appeals from decisions of
the regional directors, other officials, mayors, and the PLEBs:
Participation of Local Government Executives in the Administrative of the PNP
a. Mayor and Governors once elected are automatically deputized by the NAPOLCOM
b. Power Governor – to choose the PD of the province from (3) recommends by the RD
c. Power of the Mayor – to choose the PD of the province from five (5) recommends by the PD
d. The power to direct, superintend, and oversee the day-to-day functions of police investigation
of crime, crime prevention activities, and traffic control in accordance with the rules and
regulations promulgated by the Commission.
 e. It shall also include the power to direct the employment and deployment of units or elements of
the PNP, through the station commander, to ensure public safety and effective maintenance of
peace and order within the locality.

Strengthening the PLEB

a. The PLEB shall be the central receiving entity for any citizen’s complaint against the officers and
members of the PNP. The PLEB shall take cognizance of or refer the complaint to the proper
disciplinary or adjudicatory authority within three (3) days upon the filling of the complaint.
b. Composition:
 Any member of the SP or SB chosen by his or her respective Sanggunian
 Any Barangay Captain of the City or Municipality concerned chosen by the ABC
 Three (3) other members who are removable only for cause to be chosen by the local
peace and order council from among the respected members of the community known
for their probity and integrity, one (1) of whom must be a woman and another a
member of the Bar, or, in the absence thereof, a college graduate, or the principal of the
central elementary school in the locality.
c. The Chairman of the PLEB shall be elected from among its member. The term of office of the
members of the PLEB shall have be for a period of three (3) years from assumption of office.
Such member shall hold office until his successor shall have been chosen and qualified.
d. Compensation – Membership in the PLEB is a public duty. However, PLEB members shall be paid
per diem and shall be provided with life insurance coverage as may be determined by the city or
municipal council from city or municipal funds. The DILG shall provide for the per diem and
insurance coverage of PLEB members in certain low income municipalities.
e. Request for Preventive Suspension – The PLEB may ask any authorized superior to impose
preventive suspension against a subordinate police officer who is the subject of a complaint
lasting up to a period as may be allowed under the law. A request for preventive suspension
shall not be denied by the superior officer in the following cases:
 When the respondent refuses to heed the PLEB’s summons or subpoena
 When the PNP personnel has been charged with offences involving bodily harm or grave
threats
 When the respondent is in a position to tamper with the evidence; andlawphil.net
 When the respondent is in a position to unduly influence the witnesses.

 Any superior who fails to act on any request for suspension without valid grounds shall be held
administratively liable for serious neglect of duty.