ES MAM se, eave meee, Comm RS Te a RELEASED Repub: of thc Pritippines ATIVE RULES & net, ¢ SEP 25.2002 partment of the Interiov and Local GovermalNE CE y ED lid wn BEL 2 5 NATIONAL POLICE COMMIAUION [RATIONAL POLICE COMMISSION Makati City MEMORANDUM CIRCULAR NO, 2002- REVISED RULES OF PROCEDURE I THE MARIN AND ADJUDICATION OF CITIZEN'S COMPLAINTS AGAINST UNIFORMED MEMBERS OF THE PHILIPPINE NATIONAL POLICE (PNP) BEFORE THE PEOPLE'S LAW ENFORCEMENT BOARD (LEB) WHEREAS, Scction 43 of Republlic Act Numbered 6975 otherwise known as the *Depurtment of the Interior and Local Government Act of 199¢" provided for the creation of Peaple’s Law Enfercement Boards in every city/municipality to conduct hearing and udjudication of citizen's complaints against uniforined members of the Philly vine National Police (PNP) for offenses committed in their area of jurisdiction; WHEREAS, the Commission promulgated Memorandum Circular No. 91-002 establishing the procedure in the investigation and hearing of administrative complaints before the PLES against uniformed members of the PNP; WHEREAS, on March 6, 1998 Republic Act Nuinbered 8551 otherwise Known ‘as the *PNP Reform and Reorganization Act of 1998" fool toot amending, among otlicrs, Section 43 of R.A. G75 i order te further strengthen the Furi, WHEREAS, there is a necd to revise the existing rules of procedure embodied in Memorandum Circular No, 91-002 in conformity with the amendments brought about by R.A. 8551. NOW THEREFORE, the Commission HEREBY RESOLVED TO REVISE as it hereby REVIGES the Rules of Froceduie in the hearing and adjudication of citizen’s complaints before the PLEB against uniformed members of the PNP, to wit: RULE 1 GENERAL PROVISION Section 1. Definition of Terms, - The relevant terms as used in these Rules shail be understood to mean as follows: al Adminietzative due process - the right of 2 party interested or allected to notice and hearing to enable him ts present his side and submit evidence in support thereof. In essence, due process pertains to the opportunity of the party impleaded to be heard. b) Affidavit - a writer declaration or statement of facts, made voluntarily under oath or affirmation before an officer authorized to administer Such oath or affirmation.Vv VY metenas ¢) Answer - a responsive pleading containing the responder and alfirmative defenses. Us negative Qj Breach of Internal Discipline - any offense committed by « uniformed member of the PNP involving and affecting order and discipline within the police organization, ©) Citizen's Complaint - a formal charge initiated by a natural or Juridical person or his/its duly authorized representative or guardian on account of an injury, damage or disturbance sustained as a result of an irregular or illegal act or omission of a member of the PNP, 1) Civic Duty - an obligation or scrvice pertaining to a citizen as member of the community. g) Commission - refers to the National Police Commission, h) Complaint - a written and sworn statement regarding a wrong, grievance or injury sustained by a person. i) Complainant - one who has initiated a complaint or charge against another cither as private individual or an officer who, by reason of his office or position, is required or authorized to institute or file an administeative complaint. J] Decision - a written disposition of a case personally and directly «prepared and signed by the members of the PLEG stating clearly the findings of facts and the law applicable thereto. I shall also include a finding of exoneration or culpability of the respondent with the corresponding penalty in case of the latter. \ Error of law - a misapplication of law by the Board hearing the case 1) Exoneration - the finding made by the PLED that respondent is not culpable of the charge m) Findings of fact(e) - the determination by the PLEB of an issue of fact alter an evaluation of the evidence submitted in the case. eral complaints arising sane parties Forum Shopping - the practice of filing » from one and the same cause of action and involving the with the different disciplinary authorities. 0) Habituality - is a circumstance where the offender has been previously punished for an administrative offense to which the law attaches an equal or greater penalty or for two or more administrative offenses to which it attaches a lighter penalty. p) Jurisdiction - the authority vested by law to hear and decide a case. «] Material Evidence - is that evidence which is relevant and goes to the substantial/fnatter in dispute, or has a legitimate and effective influenceSr bearing on the decision in the case. 34Vv ws com taainse 1) Newly Discovered Evidence - that evidence which could not have been discovered and produced during the hearing of the case despite due diligence, and if presented, would probably alter the decisio 3} Quorum - it refers to the number necessary to do business, which in this case, is the presence of the majority of the PLEB members, {} Regional Appellate Board - an appellate body organized in different administrative regions of the country tasked to decide appeals on (1) decisions of the PLEB where the penalty imposed is demotion or forced resignation or dismissal from the service; (2) decisions of the the penally imposed is demotion or (3) decisions of city or municipal mayors in ses falling within their respective jurisdiction; and, (4) decisions of Rapolcom Regional Directors with respect to claims for police benefits. uj Roglementary Period - the period required by law to perform a specific act. In the computation of the period of ime, the first day shal be excluded and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next day which is neither a Saturday, a Sunday or a legal holiday. v} Relevant Evidence - having any value in reason as tending tw prove any matter provable in an action. Evidence is relevant when it tends to prove or disprove the issue or issues outlined in the pleading of the parties, w) Borvice ~ the execution of a writ or process. x) Subpoena - a process directed lo a person requiring him to attend ‘and to testify at the hearing before the PLEB. y) Subpoena Duces Tecum - a process that requires a person to bring with him any book, document, or thing under his control at the scheduled hearing before the PL 2) Substantial Evidence - such relevant evidence as a reasonable mind might accept as adequate to support conclusion, ao} Summary Proceeding - an abbreviated administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent. bb) Summons - a written order informing the respondent that he is charged of an offense and directing him to file his answer and other responsive pleadings. Sec. 2. Nature of Proceedings. - ‘he heating is summary in nature and shall not be governed strictly by the technical rules of procedure. However, the proceedings must be consistent with the principles of administrative due process. ye Bee. 3. Solemnity of Proceedings. - ‘The hearing shall be conducted with solemnity. The chairman and members shall a 32Oo wy — Utemselves with proper decorum, impartiality and dignity befitting their office, “They shall nivays bear in mind that the PLED's duty is to deterimine the facis of the ease as presented by the party litigants, Judiciously evaluate the evidence adduced and, therealter, arrive at a fair and just decision, Bec. 4. Effect of the Criminal Case to Administrative action - A crintimat case is separate and distinct from the administrative case, Accordingly, an acquittal from or dismissal of the criminal case shall not allect the administrative case unless such acquittal or dismissal arose from a declaration by the Court that the accused did not comatit the crime, RULE CREATION, FUNCTION, COMPOSITION, “TERM OF OFFICE AND QUORUM, Section 1. Creation. ~The Sangguniang Panlungsod / Bayan in every city and municipality shall create such number of People's Law Snforcenient Boards (PLEBS) as may be necessary: Provided, ‘that the shall be at least one (1) PLED for every five hundred ($00) city or municipal police personnel and fur cack of the legislative districts in a city, Bev. 2, Functions, Powers and Duties. - The PILED shall have the power to hear and adjudicate all citizen's complaints formally filed with, or referred to it, against any uniformed member of the PNP, and, if warranted, impose the corresponding penalty. In the exercise of its functions, the PLED, acting through its chairman, is empowered to administer oaths, summon witnesses, require the production of documents, records, books, or other things by a subpoena duces tecum and Issue other processes as may be necessary. Sea, 3. Composition, - ‘the PLEB shall be composed of the following: a) Any member of the Sangguniang Pacturigsod £ Bayan chosen by his/her respective sanggunian; b) Any pectiong-barangay of the city or municipality concerned chosen by the Liga ng mga Barangay; and ¢} 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 commuaity known for their probity and integrity, one (2) of whom must be a woman and another, a member of the Bar, or in the absence thereof, a college graduate, of, the principal of the centraf elementary school in the focalily. ‘The Chajrman of the Pll = ps 8D shall be elected fom among itsVv SS rmvannes Membership in the PLEB constitutes a public office, as such, a public official or employee is disqualified for appointment or designation as member thereof unless allowed by law or by the primary functions of his office. Applying the provisions of Article 152 Chapter 1V, Title Ul, Book I of the Revised Penal Code, the members of Ue PLED are considered persons in authority, Sec, 4. Executive Order Constituting the PLEB - Upon enactment of a resolution by the Sangguniang Panlungsod/Bayan formally organizing the members of Ue PLEB, & copy Uiereof shall immediately be submitted to the City/ Municipal Mayor who shall, within ve {5) days from receipt thereof, issue the appropriate executive order adopting the resolution of the Sasiyguntian concerned, Bee. 5. Oath of Office. - Before assuming the duties of their office, the chairman and members of the PLEB shall take the oath or affirmation before an administering oflicer, a copy of which shall lx Ged with the office of the National Police Commission in the region where the 13 Is situated. The oath shall read: 7 4g solemniy swear faire that T will faithfully and conscientiously discharge my duties a8 Chairman / Member of the People’s Law Enforcement Board in the Cily/Munieipality of i that 1 will perform the duties imposed upon me in accordance with we pertinent provisions of law and the rules and regulations promulgated pursuant thereto; that having in view Uke best interest of the police service, 1 will administer justice without partiality, favor or affection; that 1 will keep the deliberatins of te Board with strictest secrecy and confidence; and that impose these obligations upon myself voluntarily, without mental reservation oF purpose of evasion, SO HELP ME GOD." See. 6, Term of Office. - ‘The term of office of the members of the PLEB shall be for a period of three (3) years from assumption of olfice, Such member shall hold office until his/her successor shall have been chosen and qualified. ‘The {enure of office of a PLU member who has been designated as such by virtue of his election to the Sangguniang Panlungsod/Bayan or his membership with the Association of Barangay Captains ends upon the expiration of his term of ollice as Sangguniang Panlungsod/Bayan member or as Barangay Chairman, i teciected, and subsequently redesignated to the PLEB, he must tale & new oath of vffce. Sec. 7. Compensation. - Membership in the PLEB is a civic duty. However, PLEB members shall be paid per diem and shall be provided with lle insurance coverage as may b¢ determined by the sangguniang panlungsod/bayan from the city or municipal funds. The Department of the Interior and Local Government (DILG) shall provide for the per diem and insurance coverage of PLEB members in certain low-income eeVv Vv metennee Boe. B. Budget Allocation. - ‘rie annual budget of the Local Government Units {LGUs} shall include an item and the corresponding appropriation for the maintenance ancl operation of their local PLED(s}. Bee. 9. Quorum, - ‘The presence of the majority of all the PLEB members shall constitute a quorut If for any reason, the chairman is unable lo attend a meeting or is disqualified from participating Werein, the members shall elect from among themselves a temporary chairman to perform the duties appurtenant thereto, When @ PLEB member, after sulficient notice, fails or refuses to attend the hearings and/or deliberations thereof without any: valid and justifiable reason and the Board could not proceed for Inek of quorum, ‘the Chairman or the designated presiding officer may request the Sangguniang Panlungsod/Bayan or Wie Liga ng mga Barangay or the Cily/Municipal Peace and Order Council concerned to designate a temporary representative the, +in i order to attain the required quorum; Provided That, such (erporazy representative shall act a6 such only for the specific case, Bee. 10. Disqualification by Reason of affinity or Consanguinity. - Any member of the PLED who is related w the complainant or respondent by affinity or consanguinity within the fourth civil degree shall Le disqualified from participating in the proceeding and the case shall be tried by the remaining members: Provided, That there is sulficient number to constitute a quorum. In the event that the PLEB could not proceed with the hearing for lack of quorum, the Peace and Order Council, or the sangguniang pantungsod/bayan, or the Liga ng mga Barangay of the cily/municipality concerned shail appoint lemporary member/s to hear and decide the specific case only, RULE 1 VENUE AND JURISDICTION OVER CITIZEN'S COMPLAINT Section 1. Venue, - ‘The PLEB shall be the central receiving entity for any citizen’s complaint against a uniformed member of the PNP. As such, every citizen's complaint, regardiess of the imposable penalty for the offense alleged, shall be filed with the PLEB of the city / municipality oF leyislative district where the offense was allegedly committed. Upon receipt and docketing of the complaint, the PLEB shall immediately determine whether the offense alleged therein is grave, less grave or minor. If the PLEB finds that the offense alleged is minor, it shall refer the complaint to the Chief of Police or Mayor, as the case may be, of the city or municipality where the PNP’ member is assigned within three (3) days upon the filing thereof. Should the PLEB find that the offense alleged is grave or less grave, it shall take cognizance of the case and accordingly serve summons upon the respondent within three (3) days from receipt of the complaint, a avu UO the city ge municipality whe the offense was committed has no PLEB, the citizen's complaint shall be filed with the regional or provincial office of the Commission nearest the residence of the complainant Complaints involving by Section i(d) Rule 1 of these Rules i disciplinary authority pursuant to Section 41(b) of R.A, No. amended. uch of internat discipline as defined in I be Tiled with the proper PNP 6975" as Sec. 2. Jurtsdiction aver Citizen's Complaint, ~ ‘The lutiowing, shall have jurisdiction over citizen's complaint: 8} Chiels of Police, where the offense charged is punis restriction to specified limits, suspension withholding of privilege hable by forfeiture of salary, or any combination thereof, for a period not exceeding, fifteen (15} days; v) Mayors of cities or municipalities, where the offense punishable by withholding of privilege Festriction to specific charged is limits, suspension or forfeiture of salary, or any combination thereof, for a period of not Jess than sixteen (16) days but not exceeding thirty (30) days} ¢) People’s Law Enforcement Board, where the offense charged is punishable by withbolding of privileges, rietion lo syceified linits, suspension or forfeiture of salary, or any combination thereof, for a period ex demotion of rank. ‘The jurisdiction of the PI.t! pertains to complaints of pr PNP men against their co-members or officers in a professivnal pacity and except, when they filed such a complaint in their private not as inembers of the PNP ceding thirty (30) days; or dismissal, forced resignation or lo hear and decide citizen's complaint ate individuals against PNP men and not by capacity, See. 8. Principle of Bxclustutty. ~ A complaint or a charge fled against a PNP member shall be heard and decided exclusively by the disciplinary authority who first acquired original jurisdiction over the case, notwithstanding the existen of concurrent jurisdiction 2 Ss regards: the offense: Provided, That offenses which carry higher penalties referred ar 36I sontaones toa disciplinary authority shall be forwarded to the appropriate authority which las jurisdiction over the offense, See. 4. When Respondent is a Prestdentlat Appointee. ~ All uniformed police officers, who arc presidential appointees, may be ded OF removed from office only for cause and by order of the nt. Administrative cases involving such officers shall be investigated by the PLEB in accordanc prescribed under these Rules after prior clearance from ident, through the Executive Secretary, pursuant to Presidential Memorandum Order No, 41 cu November 7, 200. The tigation of the PLED shall be submitted to the Office of U dent, through the Commission, for disposition RULE IV PROCEDURE Section 1. Complaint. - All proceedings must be commenced by a complaint in writing and signed under oath, by the aggrieved party or his/its duly authorized representative or guardian against any member of the PN’ who appears to be responsible for the administrative offense charged. Said complaint shall be filed in at least three (3) copies with the Office of the PLEB of the city/municipality where the offense was committed, See. 2. Formal Requirements of a Complaint, - The complaint shall be drawn in clear, simple, brief and concise language and must contain the name of the respondent, his rank and address, Ue designation of the offense complained of, the place, date and time of conunission of the offense, and a brief statement of relevant and material facts. See. 3. Prohibition Against Forum Shopping or Multiple Filing of Complaints, - ‘To avoid multiplicity of suits for the same cause of action, the complainant shall certify under oath in his pleading, or in a sworn’ certification annexed thereto and silmutancously filed therewith, to the truth of the following facts and undertakings: a) T proces pat he/she has not filed or commenced any other action or jing involving the same in other disciplinary foruin; best of his/her knowledge, no such action or s pending in other police administrative disciplinary b) That to Un proceeding authority; ¢) That if there is any such action or proceeding which is cither pending or may have been terminated, he/she must state the status thereof; and, 4) ‘That if he/she should therealler learn that a similar action or proceeding has been filed or is pending before any other police ae ufdisciplinary authority, he/she undertakes. fiseptinary a underlakes to report such (et thin Bre (5) days thereliom to the disciplinary authority wherein the origital complaint .or pleading . aud sworn Uavtiention contemplated herein have been fede commis (Notice. within res) days pon receipe of, the complaint, the PLED shall furnish a eoby thereof to the respondent aivecting hin /uer to subaulthis/ler answer thereto within five (3) days jom receipt thereat, together with whatever documeiiiary evidence he/she may have in support of the defense. sory cadence S00. 8, Answer, - The answer shall bein w sou 8 er shall be in writin under oats aud task ania teal Tact which my her be Specie dem ailirmation of the allegations in the complaint Xt shall be secorpatiea by flocumentary or other « ‘idence, if there be nny, in support of the fefense, copy lurnished the complainant, it shall also contain a li witnesses a Weir ndlviud nideeswees The answer shall be filed in at least é samo din at least three (3) copies chiner wetsoually oF by tegistered mal, The answer is decid fled on the date fund hour of receipt stamped by the post office un the envelope, i filed by cpistered mail, Said envelope shall be kept and taade an integral p of the records of the case, ures No HIOGiUE Go KEESLLIS, HIU ULE BE OEE 9 ak Cote Ses ee eee interiocutty motion shall be allowed hence, tiling of the same shall not interrupt the running of the reglementary period for filing an answer Soc. 6. Effect of Failure / Refusal To File Answer - Failuic of the respondent to file an answer within the regletmentary period shall be considered as a gencral denial of the charges, ec. 7. Rffect of Admission By Respondent - When the respondem in his answer admits his culpability to the charge, Ue PLED Shall, nonetheless, proceed with the hearing in order to determine the degree of his responsibility, and the appropriate penalty to be imposed, Sec. 8 Preleariny Conference. - within five [5] days from receipt of the answer, the PLBB shall summon the parties (0 a pre Nearing conference fot the purpose of a) defining and simplifying the Peles of the case: b) entering into admissions and/or stipulation of Rete g limiting the number of witnesses (o be presented: d] scheduling (ig Gates of hearing: and e) threshing out all other matters relevant to the case. ‘The conference shall be completed in one (1) day and the proceedings thereof shall be duly recorded and signed by the partirs and/or cou: Where the parties are represented by counsel, the Jatter shall be made to sign and/or file a certilicate of readiness (o appear ii the scheduled hearings. In said certification, the date of hearing Giseed upon by both counsels shall be strictly followed to avoid unnecessary delay in the proceeding, o circumstance shall there be an amicable settement of the GX 38vu meinem Sec. 9. Hearing Proper, - Within five (5} days from the termination of the conference, the PLE shal proceed with the formal hearing of the case The parties aad their wituesses shall be duly notilied of the scheduled hearing at least three (3) days before the dale thereof, specifying the date, time, and place of hearing At the start of the hearing, the Chairman of the PLEB shall ask for the appearance of the parties and inquire if they are ready to proceed with Ube presentation of their evidence, Bee. 10, Order of Hearing, - ‘The order of the hearing before the shall be as follows: a) The complainant shall adduce evidence with proper identification and marking hereof of his exhibits; b) ‘The respondent shall then present evidence in support of his defense with proper identification and marking thereof of his exhibits; © The proceedings being sunmmary in nature, direct examination of witnesses shall be dispensed with and the sworn statements/alfidavils of witnesses, alter proper identification and affirmation on the truth of the contents thercof, shall take the place of their oral testimony; 4d) Clarificatory examination, if requested by either party, shall be confined strictly to material and relevant matters and, insofar, as may be compatible with the ends of justice, shall be limited to not more than fifteen (15) minutes. Prolonged argumentation and other dilatory proceedings shall not be entertained Soc. 11. Proceedings in the Absence of Counsel - if the respondent at the start of the proceedings uppears without any counsel, the chairman of the PLEB shall inform him/her of his/her right to avail of one if he/she so desires. Respondent may, however, waive this right expressly or impliedly. However, the hearing shall proceed as scheduled in spite of absence of one or both counsel. In such cases, it shall be incumbent upon the PLEB to propound questions, interrogate witnesses and examine matel nd relevant evidence which are necessary in the determination of the issues and in acriving at a just and fair conclusion, Bee, 12. Postponement. - Vostponcnient of hearing, should: be discouraged and shall be allowed only in mcilurious cases, SUCH as illness of « party or his/her counsel and/or other similar unavoidable causes. A request for postponement on the ground of illness shall be Supported by a duly sworn medical certificate. a We 39wv yy ferme Regardiess of the ground invoked, not" aore than two (2) postponements shall be granted. Accordingly, the next, schedule hearing shall proceed as scheduled : Boe, 13. Request for Preventive Suspension. - The PLED may ask any authorized superior to place under preventive suspension @ subordinate police officer who is the subject of a complaint. In the followin cases the superior officer shall not deny @ request for preventive suspension: . a) when the respondent refuses to heed the PLED's summons or subpoena; bj when the PNP personnel has been charged with offenses involving bodily harm or lave threats; ¢) when the respondent is in a position to wmper with the evidence; and d) when the respondent is in a position te unduly influence we witnesses, ‘The period of preventive suspension shall not exceed ninety (90) days. Upon the expiration thereof, the suspended respondent PNP member shall be automatically seinstated without prejudice to the continuation of the proceedings against him, While under preventive suspension, respondent shall not receive his salary and other benefits, However, in case of exoneration, Fespondent shall be reinstated with full payment of back salaries and such emoluments, which he failed to receive during such suspension. ‘The preventive suspension herein imposed shall not form part of the penally of suspension should the respondent be found culpable, except when it is so stated in the deeision of the PLE. Bec. 14, Prohibition of Reassignment of Respondent During the Pendency of an Administrative Case. - A respondent PNP member shall not be reassigned of transferred from one city/municipal polic station to another, or to any place beyond the jurisiliction of the PLEB during the pendency of the case, unless the PLEB concerned certifies that the presence of the respondent is no longer required. For this purpose, the PLEB shall notify die inmediate superior of respondent of the pending case. Sec. 15. Effect of Failure / Refusal / Jesistance of Complainant to Prosecate. - The failure/refusal/desistance of the complainant and/or his/her witnesses to appear and to prasccute the case during the hearing, despite due nolice, shall be a sufficient ground to drop the complaint where the culpability of the respondent could not be established or proven without the testimony of the complainant. However, before dropping the complaint, the PLED shall exert all efforts to locate the complainant and his/her witnesses and 10 inquire into the reason(s} for their failure or refusal to testify or desistance to prosecute tite case a \ 40~ ~ meinen tu cases where the culpability of Uie respondent can be established by evidence other than the testimony of the complainant, non- appearance of the Jaticr shall not be a ground to terminate the proceedings. The PLED shall endeavor to continue with the hearing and secure the attendance of ather vital witnesses to avoid a miscarriage of Justle Soc. 16. Hffect of Fallure or Refusal of Respondent to Appear - Wf the respondent, despite due notice, fails of refuses to appear during the scheduled hearings, he/she is deemed to have waived his/her right to be present and to submit evidence in his/her favor and the said scheduled hearing shall proceed expan. Bes. 17. Effect of Exoneration. - A finding of non-culpability fon the respondent PNP-member who has been placed on preventive suspension shal entivle bi to inunediate reinstatenient and (o prompt payment of salaries, allowances and other benefits which he failed to receive by reason of such suspension; Provided, That he has not been separated or under suspension on account of any other eriminal and/or administrative casi Soe. 18. Effect of Retirement. + ‘The optional or compulsory retirement of the respondent shall not aflect the pendency of his adniinistrative case and the award of the retirement benefits due him shall be subject to its final adjudication. Sec. 19. Rffect of Death. - Death of the respondent during the pendency of the case shall terminate the administrative proceedings and has the effect of exoneration. Upon presentation of a certified ue copy of the death certificate, a resolution dismtsaing the ease vhall be issued by the proper disciplinary authority hearing the case. Sec. 20. Stenographle Records of Proceedings. - The testimony of cach witness and the manifestation of the Chairman and members of the PLEB, the parties and counsel, during the hearing shall be taken in shorthand or stenotype, if there is @ stenographer. Clerks and stonographers employed to record the proceedings shall, before discharging their duties, be required to take an oath that they shall truly report and faithfully record all matters taken thereat and, will keep the deliberation of the ense with strictest secrecy and contiden A transcript of the records made and certified to as correct by the official stenographer or stenotypist shall be a prima facie correct statement of the proceedings. Sec. 21. Where Services of Stenographer Not Avaliable. - Where the services of stenographer is not available, a substantial account of the proceedings duly certified to as correct by the Chairman of the PLEB shall suffice, Bec. 22. Nature and Contents of Decision. - Decision, as used in these rules, is the written findings of fact by the PLEB as established 441 we* ba vy Y nena during the hearing, the conclusious of law upon which they are based, and the disposition thereof, personally and directly prepared and signed by all the members who pafticipated in the proceedings /deliberations. It shall include the name of the respondent, his unit oF olice and rank, and the offense to whlch be was exonerated or found tiable, including the appropriate penalty to be imposed. ‘The Bourd shall determine by a majority vote of its members, whether oF not the respondent officer or nember of the PNP is culpable of the charge. Sc. 23, Respondent Fourut Liable For an Offense Different and Distinct From That to Which He Was Charged. - A respondent PNP member may be found culpable of an offense different from that he was charged: Provided, That the offense to which he was found liable was alleged or included in the recital of the complaint and the respondent has been given the opportunity to answer. Sec. 24. Period to Render Decision. - ‘The PLUS shall decide the case within sixty (60) days aficr its submission for decision. Sec. 25, Finality of Decision. - (A) The decision of the PLIEG exonerating or reprimanding the respondent in an administrative case is final and executory upon receipt of a copy thereof by the parties, hence Unappealable. (B) Where the decision of tke PLEB involves the penalty of withholding of priviteges, restriction, suspension, forfeiture of salary or fine, demotion, or forced resignation, the same shall become: final and executory only’afier the lapse of ten (10) days from the receipt of a copy thereof by the respondent unless the latter files a motion for reconsideration or appeal within said period in which case, the resolution on the motion or appeal shall become final and exccutory only alter the lapse of ten (10) days from receipt of a copy of said resolution by the respondent (C) However, where the decision of the PLEB involves the penalty of dismissal, the sare shall be immediately executory upon receipt of a copy thereof by the respondent as furnished to him by his/her immediate superior officer. The filing of @ motion for reconsideration or appcal as the case may be, within the reglemeniary period of ten (10) days shall not suspend the implementation thereof. Sec. 26. Application of the Principle of Res Judicata/Bar by Prior Judgment, - For a prior judgment in an administrative case to constitute a bar to a subsequent administrative action, the following requisites must concur: a] It must be a final judgmeat or order; : b) The Disciplinary Authority rendering the same miust have Jurisdiction over the subject malter and over the parties; c} It must be a judgment on the merits; and, d) There must e between the two (2) cases, identity of parties, identity of subject matter and identity of cause of action, la Ge, geSec. 27. Motion for Reconsideration. - ‘the respondent may file a motion for reconsideration from the decision rendered by the PLEB within ten (10) days from receipt of a copy of the decision based on the following grounds: I. Newly discovered evidence which, if presented, would materially affect the decision rendered; or 2. Errors of law or irregularities have been committed prejudicial to the substantial rights and interest of the movant. Only one (1) motion for recon same shall be considered and decided by the PLI days from receipt thereof. Jderation shall be allowed and the -B within fifteen (15) Sec. 28. Service of Decision. - Copies of the decisions, orders and resolutions issued by the PLEB shall be served either personally or by registered mail. Whenever possible service of decisions and other papers shall be «lone personally, Sec. 29. Maintenance of Docket Books. - ‘Ile PLEB shall keep a docket book for adininistrative complaints in which all complaints shall be properly entered and given their corresponding number in the order of their receipt. ‘The docket book shail contain the following records: a) Number and title of the case b} Date the case was filed or received by the PLIL; ) Name and mailing address of complainant; d) Rank and name of respondent and place of assignment; @} A determination by the PLEB on the charge alleged; 1} Case referral where the offense charged is not cognizable by the PLEB; g) Date the respondent received a copy of the complaint; fh) Date the respondent’s superior officer received a copy of the complaint; i) Date the respondent filed his answer; J). Date subpoena or subpoena duces tecum was is k) Date when the hearing actually commenced; }) Date when the hearing terminated; m} Date the decision was promulgated indicating whether respondent was exonerated, or, if found culpable, the penalty imposed; n) Date the decision was served on the respondent; and, 6} Date when motion for reconsideration/appeal was filed if any, and its status, ued: Sec. 30. Quarterly Report. - At the end of every quarter the PLEB is required to submit a report to the regional office of the Commission indicating therein the province, inunicipality or city to which it belongs with the following data/ information: a} Number of administrative cases received during the period; b) Nature of offense charged; ¢} Number of administrative cases assumed; ) Number of administrative cases referred; ¢} Number of cases heard during the quarter; 43A) Number of cases pending hearing; g) Number of cases decided during the quarter; h) Number of respondents found culpable / exonerated; and, ji) Number of petitions for reconsideration filed /resolved. RULE V APPEAL Section 1. Appeal. - in cases where the decision of the PLEB imposes a penalty of demotion in rank, forced resignation or dismissal from the service, the respondent may file, with the deciding authority, and serving upon the adverse party, a notice of appeal, within ten (10) days from receipt of a copy of the decision. Likewise, the appellant is required to submit the memorandum of appeal in three (3) copies with the Regional Appellate Board (RAB) concerned within ten (10) days from filing of notice of appeal. In addition, the respondent shall submit to the RAB concerned the proof of service of a copy of the notice of appeal together with the appeal memorandum to the PLEB that rendered the decision being appealed, Within fifteen (15) days from receipt of the notice of appeal, the PLEB concerned shall forward the records of the case, which shall be systematically and chronologically arranged, paged and securely: bound to prevent loss, with its comment, to the RAB, ‘The transmitial of the records of the case to the RAB is a ministerial responsibility of the PLEB. Accordingly, failure of the PLEB to forward the same to the RAB concerned will be a ground for administrative disciplinary action. Sec. 2. Period to Act on Appeal. - ‘tie Regivnal Appellate Board shall decide the appeal within the period of sixty (69) days from receipt of the complete records of the case. Sec. 3. Effect of Failure to Decide Appeal. - Failure of the Regional Appellate Board to decide the appeal within sixty (60) days from receipt of the case records shall render the decision of the PLEB final and executory without prejudice, however, to the filing of an appeal to the Secretary of the Department of the Interior and Local Government. RULE VI ADMINISTRATIVE OFFEN: Section 1. Administrative Offenses. - ‘The following are the offenses for which a member of the PNP may be charged administratively: a. Neglect of duty b. irregularity in the Performance of Duty ©. Misconduct @. Incompetencyy y Oppression Dishonesty Disloyally to the Government h. Violation of Law rere Sec. 2. Definition of Offenses. - ‘The forgoing olfenses are defined as follows: a, Neglect of duty or Nonfeasance - is the omission or refusal, without sufficient excuse, to perform an act or duty which was Ihe peace officer’s legal obligation perforny; it implies a duty as well as its breach. b. Inregularity in the Performance of Duty - is {he improper performance of some acts, which might kavTully be done. ¢. Misconduct or Malfeasance - is the doing, cither through ignorance, inattention or malice, of that which the oflicer had no legal right to do at all, as where he acts without any authority whatsoever, or exceeds, ignores or abuses his powers. Misconduct generally means wrongful, improper or unlawful conduct, motivated by premeditated, obstinate or intentional purpos It usually refers to transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it does not necessarily imply corruption or criminal intention but implies wrongful intention and not to mere error of judgment d. Incompetence - is the manifest lacie of adequate ability and fitness for the satisfactory performance of police duties. ‘This has reference to any physical, moral or intellectual quality the lack of which substantially incapacitates one to perform the duties of a peace officer. ¢. Oppression - imports an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority. ‘The exercise of unlawful powers or other means, in depriving an individual of his liberty or property against his will, is generally an act of oppression. £ Dishonesty - 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. g. Disloyalty to the Government - consists of abandonment or renunciation of one’s loyalty to the Government of the Philippines, or advocating the overthrow of the government, h, Violation of Law - presupposes final conviction in court of any crime or offense penalized under the Revised Penal Code or any special law of ordinance. RULE VII ADMINISTRATIVE PENAL! 45Section 1. Imposable Penalties. - ‘the following are the penalties that may be imposed by the PLUB in police administrative a. Withholding of privileges b. Restriction (o specified limits c. Suspension d. Forfeiture of salary or fine e. Demotion [Forced Resignation Sec. 2. Limitation in the imposition of Penalties. - if the penalty of suspension is iinposed by the PLEB, the same shall not exceed ninety (90) days; and in case of forfeiture of salary the amount shall not exceed the equivalent of one (1) month pay. Should the penalty of demotion be imposed it shall not exceed one rank lower. On the other hand, the penalty of *Withhoiding of Privileges” shall be confined to deferment of vacation leave privileges, availment of loan privileges and pation in training grants or programs and such other similar privileges normally enjoyed by civil service employees. Sec. 3. Qualifying Circumstances, - In the determination of penalies to be imposed, titigating and aggravating circumstances attendant to the commission of Ue offense/s shall be considered. A, The following are mitigating circumstances: a. physical illness b. good faith ¢. length of service in the government d. analogous circumstances B, The following are aggravating circumstances: taking advantage of official position taking undue advantage of subordinate undue disclosure of confidential information use of government property in the commission of the offense habituality offense is committed during office tours and/or within the premises of the working office or building & employment of fraudulent means to commit or conceal offense h, analogous circumstances pege Sec. 4. Guidelines in the Application of Penalties. - The imposition of the penalty shall be made in accordance with the manner herein below provided: 46ce 6 a, Like penalties shall be imposed for ike offenses and only one penalty shall be imposed for cach case. “Lach case” means one administrative case which may involve one or more charges or counts, b. The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstanees are present ¢. The medium of the penalty shall be imposed where no mitigating and aggravating, circumstances are present d, The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstances are present fe. Where aggravating and mitigating circumstances are present, rule (b) shall be applied where there are more mitigating circumstances present; rule {c} shall be applied where the circumstances equally off-set cach other; rule (dl) shall be applied when there are more aggravating circumstances. £. If the respondent is found guilty of two (2) or more charges or counts, the penalty lo be imposed should be that corresponding to the most scrious charge or count and the rest shall be considered as aggravating circumstances. See. 5. Range of Penalties. the perin! of penalties shall be as follows: A, For Light Offenses i. Minimum Period 2. Medium Period 3. Maximum Period 1 day to 10 day: 11 days to 20 days 21 days to 30 days B, For Less Grave Offenses 1. Minimum Period =~ days to 45 days 2. Medium Period 46 days to 60 days 3. Maximum Period 61 days to 3 months ©, For Grave Offenses 1. Minimum Period 2. Medium Period 3. Maximum Period 3 months suspension demotion or forced resignation dismissal Sec. 6. Administrative Disability Inherent in Certain Penalties. - The following arc the administrative disabilities inherent in certain penalties: 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 leave credits and retirement benefits, and the disqualification for re-employment in the goveritment service; b. The penalty of suspension, which consists in the temporary separation or cessation of work of the respondent for the duration of the Ge at© u newemne sanction, shall carry with it that of disqualification for promotion corresponding to the period of suspension ¢, The penally of forfeiture of salary, which consists of an amount not exceeding one {1) month salary, shall carry with it that of disqualification for promotion corresponding to the penalty imposed. RULE Vu FINAL PROVISIONS Geotion 1. Repealing Clause. ~ All Issuances contrary to or inconsistent with this Circular are hereby amended or repealed accordingly. Boo, 2. Separabiltty Clause. - If any portion or provision of these Rules is declared illegal, tte came shall not affect the validity and effectivity of the other provisions not affected thereby. Bec, 3. Penalty’ Clause. - Any violation of these Rules shall be & ground for administrative disciplinary action in accordance with existing laws and regulations. Seo. 4 Affectivity. - This Circular shall take effect fifteen (15) days from date of publication in a newspaper of general circulation; and copy of the same filed with the University of the Philippines Law Center in.consonance with Executive Order Numbered 292, otherwise known as the Administrative Code of 1987. Approved (his 24th of ___SBPTENBER ___ at Makati City, Philippines. sohhviis un. Chairperson noapl Cfo Pom Vice-Chairperson and Executive Officer ULA TORRES LINDA L, MALENAB-HORNILLA munissioner Commissioner sl HERMOGE! 1 JR, sme ee Attested by: bet UoBALiNDA b, bRuz Acting Board retary 48.Republic of the Philippines Department of the Inlerior and Local Government NATIONAL POLICE COMMISSION Makati City yy MEMORANDUM CIRCULAR NO. 202-011 OPERATIONALIZING THE PARTICIPATION OF LOCAL CHIEF EXECUTIVES IN THE ADMINISTRATION OF THE PHILIPPINE NATIONAL POLICE (PNP) AS PROVIDED FOR UNDER REPUBLIC ACT NO. 6975, AS AMENDED 6210 64 of LA. No, 8551, local chief execulives have been granted, substanjalpolwers and responsibilities in police administration, as follows: DHABI oS a RCeMLRTETD Ce =p c : i ¢ 242, Me . . “City and Municipal Mayors. ~ (1) Operational ‘Supervision and Control. ‘The city and municipal mayors shail exercise operational supervision and control over PNP units in their rospective jurisdictions except during the thirly (30) day period immediately preceding and ‘the thirty (30) days following any national, local or barangay’ elections. During the said period, the local police forces shall be under the stipervision and control of the Commission on Elections," (Section 51 (b)(1), R.A. No. 6975) POWERS. 1. Operational Supervision and Control The torm ‘operationar supervision and control’ shall mean 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 wittt the Res and regufalions promulgated by the Commission.” (Section 62, R.A. No. 8551) “The control and supervision of anti-gambling operations shall be within the jurisdiction of local government executives.” (Section G3, R.A. No. 6551) Authorily To Exercise Adiministrative Disciplinary Powers “Administrative Disciplinary Powers. — In the areas of discipline, city and municipal mayors shall have the power to impose, aller due notice and summary hearings, disciplinary penallies for minor offenses committed by members of the PNP assigned lo their respective jurisdictions, as provided in Section 41 of this Act." (Section 51, (b)(3), R.A. No. 6978) 3, Authority To Choose the Chief of Police “Authority 19 choose the chief of police from a list of five (5) eligibles recommended by the provincial police director, preferably from the same province, cily or municipalily: Provided, however, ‘Thal in no case shall an officer-inv-charye be designated for more than thitly (30) days: Provided, further, ‘That the local peace and order council may, through the city or municipal mayor, fecommend the recall of reassignment OF the chief of police when, in ils perception, the laller has been ineffective in conibaling crime or maintaining peace and order in the cily of niunicipalily: Provided, finally, That such relief shail be based on guidelines established by the Napoicom.” (Section 63 (4) (i), a es No vee) ) Ge oe f! 49 ‘4. Authority To Recommend Appointment of Now PNP Members “Authority to recommend from a list of eligibles previously screened by the peace and order council the appointment of new members of the PNP to be assigned 10 their respective cities or municipalities without which mo such appointments shall be alleste: Provided, Thal whenever practicable and consistent with the requirements af the ‘service, PNP members shall be assigned to the city or municiyality of their residence." (Sectiun G3 (4) (ii), RA No. 0951) Authority To Recommend Thy Transfer, Reassignment or Detail of PNP Members. “Authority to recommend tv the provincial director the transfor, feassigninent or detail of PNP members axiside of their respective city or town residences." (Section 53 (4) (i, A. No. 0651) Authority To Conduct Inspection and Audit “As deputized ayents of (he Commission, lucal government executives, can inspeet police forces and units, conduct audit, and exercise other functions as may be duly authorized by the Commission, (Section 64, R.A. No. 8851) B, RESPONSIBILITIES 1) Responsibility To Develup an Integrated ArealCommunity Public Safety Plan “Integrated Community Safety Plans. - The municipaiicity mayor shall, in coordination with the local peace and order council of which he is the chairman Pursuant to Execuliva Order No, 309, as amended, develop and establish an integrated area/community public safely plan embracing priorities of action and program thrusts for implementation by the local PNP stations.” (Section 51 (b) (2), RA. No. 6975) | 2) Responsibility To Sponsor Periodic Seminars for PNP Members. “It shall, likewise, be the duly of the city or municipal mayor to sponsor periodic seminars for members of the PNP assigned or detailed in his city or Municipality in order to update them regarding local ordinances and legislations," (Section 51 (b) (2) para 2, R.A. No. 6975) WHEREAS, under Section 31, R.A. No. 6975, the appointing authorities for police Aor-commissioned officers (Police Officer | te Senior Police Officer IV) are the PNP Regional Directors for the regional personnel, and the Chief, PNP for the national headquarters personnel, Police commissioned officers (Inspectors to Superintendents), are likewise appointed by the Chief, PNP. The President is the appointing authority for Senior Superintendents and higher ranks; WHEREAS, effective police administration al the local level requires a clearer delineation and gperationalization of the aforementioned statutory powers of local chief . executives; yee gy 5a.A NOW, THEREFORE, THE COMMISSION HAS REGOLVED TO PRESCRIGE, AS IT HEREBY PRESGRIBES the [ollowing guidelines in the exercise ‘ot the aforementioned powers by local chief executives: 1 Power of Operational Supervision and Control, - The power of operational supervision and control pertains to the authority lo uirect, superintend, and oversee the daily performarice of police furictions al the local Jevel jo ensure the effective conduct of crime investiyation, (raflic control and crime prevention activities, (See. 62, R.A. No, 8551). In pursuance thereto, Cily/Municipal Mayor is empowered to: a. e 1 Issue directives for the conduct of operations to slup illegal activities and neutralize criminal syndicates especially those engaged in kidnap-for- ransom, ifiegal druys, bank robberies, and illegal gambling: Delernine operational strategies to be adopled to ensure efficient and effective accomplishment of police operations; Direct the employment and deployment of unils or etements of the PNP. Ihrouyh the station commander, to ensure public safely and effective maintenance of peace and vider within the lucalily. For this purpose, the * lems employment and deployment shall sean as follows: “Employment solers to the utilization of units or elements of the PNP for purposes of protection of lives anu properties, enforcement of laws, maintenance of peace and order, prevention of cries, ares! of criminal offenders and bringing the offenders to justice, and ensuring public salely, particularly in the supinossion of disorders, riots, lawlessness, violence, rebellious and seuitivus conspiracy, subversion or other related activities In case of insuiyency, the police shall support the Armed Forces of the Philippines Uwough inlurmation gathering and performance of its ordinary police functions except when the President shail call on the PNP to support the AFP in cunibat operations. Deployment’ shall miean the orderly and organized physical movonient of elements or units of (he PNP within the province, city or municipality for purposes of employment as herein defined,” (Sec. 62, RA. No, 6951) Jafed on (he status of un-goiny pulice operations and be furnished with allor-operation 1epurts: Assess and evaluate (he overall effectiveness of the potice station as well as the overall perfor nce of the Chief of Police and furnish the Napolcom Regional Director, the PNP Provincial Direclor and the Goverttor witht copies of the evatuation report. For the National ‘Capilal Regiun, the City Mayors of Manila and Quezon shall fumish the Napolcom NCR Regional Director, National Capital Region Police Office (NCRPO) Director, Western Police District Director and the Central Police District Director with copies of the evaluation repart on the overall effectiveness of the concemed police istrict offices of the Western Police District and Central Police District. For cities and municipalities other than Maryla and Quezon, the Mayors shaff furnish the Napolcom NCR RegionaMDirector, NCRPO Director, Police District Directors and concemed Chief of Police with copies of {heir evaluation reports un their respective police stations.) f J \ | Ww gr wr jt ‘L Be furnished with data on the annual Maintendnce and Other Gperating penses (MOOE) and lugistical equipment allocated to the police station in his jurisdiction lo Uctermine adequacy and juuicious utilization of financial and logistical resources. The Ciyy/Municipal Mayor may at his discretion, feau or join police gperations, whether regular or special, or oversce the operations being conducted by police operating units Power To Discipline PN Uniformed Personnel Assigned Within the Mayor's CityfMunicipality. - As a disciplinary aulhorily, a CilyliMlunicipal Mayor shall a. Have jurisuiclion over citizen's complaint when the offense alleged to have been commited by 2 PNP iiember is punishable by withholding of paivileges, restriction to specified limils, suspension or forfeiture of salary, ‘of any combination thereof, for a period of nol less than sixteen (16) days but nol exceeuiny thirty (30) days; (See. 52, RA, No. 8561) b. Refer to the PLEL a citizen's conmplaint filed with his office when the offense alleged lo have Leen commilted by a PNP nicmber is punishable by a ponally higher than 20 days forfeiture uf salary or suspension, (Sec. $2, R.A. No, 8551) File with the appropriate PNP uiseipiinary ‘authurity a complaint against any PNP member in hisiher city/municipalily for breach of internal discipline pursuant to Section 56 of the Implementing Rules and Reyuialiuns of RA. No, 0551 “Sec. 55. Infemal Discipline - \n dealing with broach of intemal discipline, includiny minor offenses, commilled by any member, the duly designated supervisor or equivalent officer of the'PNP shall, alter due nolice and summary hearing, exercise uisciplinary puwers as follows. a. Chief of Polive or equivalent supervisor may summily impuse the adiinistralive penalty of admonitien or reprimand, restriclion to specified limits, withholding of privileges, fuleiture of saiary ur suspension, or any combination of the fureyoing: Provided, Thal in all cases, the total period shall not exceed Iifieen (15) days, ihe supervisur equivalent to a Chief of Pulice sis Whe officer-in-charge of the police station, the district commander of the PNP Mahiie, Force, or any other officer classified as such by the Commission; b. — Ploviticial Director oF equivalent supervisor may summiuily impuse (he adaiinistrative penalty of admunition ur reprimand, restrictive custody, wilhhwluing of priviieyes, forfeiture of lary: or suspension, oF any cumibinalion of the (oreyoing: Provided, Thal, in all cases, the olal porivd shall nol execed thirty (30) days. Je jo ee? jae ws° 1) 4) whe the charge is setivus anu the evidtnee of guill is strung; when the respurdent is a recidivis| or has been repeatedly charged and tere are reasonable grounds to believe that he is guilty of the charge. when respondent is gully of a serious ulfense involving conduct unbecoming of a police officer, when a PNP mentor is on AWOL for a cuntinuvus period of thirly (30) days or more. Obseive administrative Uue process in the investigation, hearing and adjudication of ciizen’s cmiplaints, Comply with the provediwe prescribed under Napolcom Memorandum Circular No. 91-008 as follows: “Sec. 4. Progodue. © ‘The cilyimunicipal Mayor shall, molu propitiv, ur; upon written complaint of any person, investigate the PNP member for any minur affense within his disciplinary jurisdiction in accordance with the following procodiite. a, The respondent sh&ll be informed and furnislied with & copy of the complaint against hin) and given the oppurtunity to answer the same in writing, within forty-eight (4B) hours front receipt thereof, b. In his answer, the respundent shall slate wholher or nyt he elects a suminary investigation. If nol, the cilyhmunicipal mayor shail jnmeuialely render his decision on the case, which shall be in waiting arid based on the sulinitted evidence of the parlies cM the respundent asks for a summary investigation, the same shall take place within twenty-four (24) hours alter receipt of his answer and he should thereen be allowed lhe opporlunily to present wilnesses and other evidences in his behalf and to cross-examine the witnesses ayainst him. Direct examination of witnesses shall be dispensed with, In fieu thereof, the cilymunicipal Mayor concerned shall require eaich parly and their witnesses lo submit their testimonies in affidavil form (duly sworn to) subject lo the right of cross-examination by the other parly. Ju. Postponement of investigation shall be discourayed anu affowed only in meritorious cases (wd wie) YJi supervisur ‘equivalent to a PNP Viuvinciel Director is the Macc uf tho Regional Mubile Force, the Head uf the Regional Unit of Adininistrative and Opercional Nalivnal Support Units, thee Grecia of a Police Dishict Olive, or any other officer classified as such by the Commission, © Police Regional Director or equivalent supervisur shall have the power to inpose upan ary meniber (ho administrative penally of disinissal lum the service. He may also impose the penalty of adaignilion or Iopimand, syswiclive custody, wilhhotding of piiviteyos, suspension oF fuifeiture of sale Vemolivn, or any combination uf the: forequing: Provided, That je all cases, the tulal period shall nut excved sixty (GO) days, The supervisur cynivalenl to a PNP Regional Dieelur is the Litector of a PNP adiinistialive oF vperativnal suppurt unit oF any other officer classified as such by the Commissivn, and W. The Chief of the PNP shail have the power to impose the auminis(rative penalty of dismissal from the service, suspension oF forfeiture of salaty, or any combination thereof for a periud nol exceeding one hundred viyhty (180) days: Provided, That the Chief of the PNP. shall have the authorily to place a PNP member unuer restriciye custody during the pendency of an auntinistrative case for a grave offense or a criminal case for a serivus offense filed ayainst suid member “Breach of intemal discipline relers lo any offense committed by a momber uf the PNP ullectiny urder cid disciptine within (he police organization “A minor olfense shall refer to any act oF omission not javolviny moral tuipilude, but affecting the internal discipline of the PNP, and shall include, bul shalt nol be limited to: (1) Simple misconduct ur negligence; (2) Insuburdination; {3} Frequent abser id lardiny: (4) — Habitual drunkenness; and, (8) Gambling prohibited by ta." As authorized under Secliun G4 of R.A. No, 8554, file with Ihe National Police Commission, the Chief uf the PNP, ur the PNP Reyional Director, who are vested with summary. dismissal authorily under Section RA. No. 8551, an adniinistative complaint against any PNP men under the following 53.©. ‘the investigation shalt be completed within seventy-two (72) hours, and the city/municipal Mayor shall render his decision in writing within twenty-four (24) hours therealter, copy furnished the Chief of Police and the PNP Provincial Director. Decision, as used herein, is the written finding by the Mayor that the respondent is guilly or not guilly of the offense charged, and the imposition of the appropriate ponalty in case of conviction. It shall contain the charge, name of respondent and his rank, his station of jutice unit, a brief statement of tho material and relevant facls, findings, offense committed ;and penalty imposed, if found guilty” | g. Recommend to Chief of Police the preventive suspension for a period not exceeding ten (10) days of any officer or member of the police stalion within his jurisdiction if it is established by convincing evidence at any: time during the hearing that respondent is exerling efforts: to harass, intimidate, coerce or unduly influence the complainant or any of his witnesses into wilhdrawing hristher complaint jor retracting his sworn staternent against the former. . Authority to Choose the Chief of Police — In the exercise of the authority to choose the Chief of Police in his locality, the Cily/Municipal Mayor shall be guided by the following: a. “Qualifications of Chief of City and Municipal Police Stations — No person shall be appointed chief of a city police station unless he/she is a graduate of Bachelor uf Laws or has finished all the required courses of a master’s degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, or any other related disciplines from a recognized instilution of tearning. No person shall be appointed chief of a municipal police. station unless he or she has finished al least second year Bachelor of Laws or has earned al least twelve (12) units in a masler's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, or any olher related disciplines from a recognized institution of learning: Provided, That members of the Bar with al least five (5) years of law practice, licensed criminologists or graduates of the Philippine National Police Academy and who possess the general qualifications for iniial appointment to the PNP shall be qualified for appointment as chief of a city or municipal police stalion: Provided, further, Thal the appointee has successfully passed the required field training program and has complied with olher requirements as may be established by the Commission: Provided, furthermore, That the chief of police shail be appointed in accordance with the provisions of Section 51, paragraph (b), subparagraph 4 (i) of, R.A. No. 6975, oe? Vga e > ‘ 29Procedure in the Selection of Chiefs of Police (COPs) of Municipalities and Component Cities: ’ 1) COP for municiy a) b) u) Ger Wo lilies and component cities ‘The Provincial Directur (or Dislucl Director of the Southern Police District, Eastern Police District or Northern Police District of the NCRPO) through the PNP Regional Director shall submil within fifteen (15) days befare the expiration of the tour of duly af the incumbent Chief of Police, a list of five (6) qualified eligibles, together with their ‘personal information folders, to the Napolcom Regiunal Director for review and confirmation of their quatifications within five (5) working days from receipt thereof In cases where the tour of duly of an incumbent Chief of Police is shortened due to the exigencies of the service of maintenance of the integrity of the police station, the Provincial Director/District Director shall submit, within five (5) days aller the relief or reassiynment, the list and personal information fulders of five (5) qualified eligibles to * the Napuicom Regional Director, through the PNP Regional Director, for review and confirmation within five (5) working days: Provided, ‘Thal the Dopuly Chief of Police shall perforin the functions of the relievedireassigned COP until anew COP or an OIC has been designated. Should the Napulcum Regienal Director find the list of qualified and eligible recommendees in order, he shalt confirm the same, and forthwith return it to the PNP Provincial Directur/Visttict Director through the PNP Regionat Direclor fer immediate transmittal to the City/Munivipal Mayor for him tu séiect the Chief of Police of the cilyfnnumicipatity, within five () working days from receipt ther eof. {any of (ho submilled recommendees is not qualified for assiynmen/designation as Chief uf Police in accordance with exisling laws and regulations, the Napolcom Regional Director, within five (5) warking days from receipt of the list, shall return the same to the PNP Provincial Director/District Director through the PNP Regivnal Direclor stating therein the reason(s) wilh te specific instruction lo replace unqualified recommendee(s) with qualified officer(s). Within five () wurking days feet receipt of the list of the five (5) tecummendees, the Cily/Municipal Mayor shall evaluale and signify his/her choice of Chief of Police in writing to the PNP! Provincial Director/District Director, who shall, thereupon; issue the Order of Assignment. Should the Mayor fail (o choose te COP from among the five (5) recommendees within the prescribed five-day period, he shall: | 4) return within five (5) working days the listfolders to the PNP Provincial Direclor/Districl Director stating ie reasons for his nonselect of the en 56 j |) 2) reyuile the PNP Provincial Director/District Director lo submit a replacement list within five (5) days fram, receipl thereof, 3) recommend the designation of a qualilied Olficer-in- Charye (OIC) for a period not to exceed thirty (80) days. Should the Mayor fail to select from the replacement lis, the Mayor or the PNP Provincial Director/District Director shall elevate the malter to the Napolcom Regional Director stating their reason(s) for non-selection, The Napoleom Regional Director shall resaive the conflict within, five (5) days trom’ receipt thereof, The decision shall be immeuialely executory unless appealed to the Commission en bane for resolution within five (5) days. ‘The PNP Provincial Director/District Director shall furnish the Mayor, PNP and Napolcom Regional Director copies of the Order of Assignment of the Chief of Police or the Designation of the OIC, as the case may be. COP for Highly-Urbanized Cities and Independent Component Cities, Including the District Directur of the Cilivs of Manita and Quezon a) b) The PNP Reyional Director shall submil within fifteen (15) days before the expiration of the tour of duly of the incumbent Chief of Police, the lis! and personal information folders of five (5) qualified eligibles to the Napolcom Regicnal Director for review of qualifications and eligibility. In cases where the relief or reassignment of the incumbent Chief of Police is urgently required by needs of the service or reinstated to maintain the integrity of the police staliun before the expiration of his tour of duly, the Regional Director shall submit, within five (5) days after the relief or reassignment, a list and personal information folders of five (5): qualified eligibles to the Napolcom Regional Director, for review and confirmation within five (8) working days from receipt thereof: Provided, that the Depuly Chief of Police shall perform the functions of the relieved COP unl) the new COP of OIC has been designated. The Napolcom Regional Director, within five (8) working days, shall evaluate the qualifications and eligibility of the recommendees and return the list and folders to the PNP Regional Director. Should the Napolcum Regional Director lind thal any of the recommendees in the fist does not meel the qualifications and eligibility, he shall return the list to the PNP Regional Direvtor stating therein the reason(s) with the specific instruction {© replace unquaiiied recommendee(s) willy») qualified officer(s). \ 4 3 i we ag 572) require the PNP Provincial Director/District Director ty submit a replacement list within five (5) days from, receipt thereof, 3) fecuntmend the designation of a qualified Ofliver-in- Chaye (OIC) fur a perivd not to oxcecd thirty (30) days Should the Mayor fail (o select from the replacement list, the Mayor or the PNP Provincial Director/Distict Director shall elevate the matter to the Napolcom Regional Director slating their reason(s) for non-selection. The Napolcom Regional Director shall resolve the conflict wittiin five (5) days from receipt thereo!. ‘The decision shall be immediately executory unless appealed to the Commission en bane for resolution within five (5) days. 1) The PNP Provincial Direcloy/Disirict Director shati furnish the Mayor, PNP and Napolcom Regional Director copies of the Order of Assignment of the Chief of Police or the Designation of the OIC, as the case may be. . (See Figure 1) COP for Highly-Urbanized Cities and Independent Component Cities, Including the District Director of the Cities of Manila and Quezon a) The PNP Regional Director shall submit within fifteen (15) Yays belore the expiration of the tour of duly of the incumbent Chief of Police, the list and personal information folders of five (5) qualified eligibles to the Napoicom Regional Director for reviow of qualifications and eligibility In cases where the relief or reassignment of the incumbent Chief of Police is urgently required by needs of the service or reinstaled to maintain the integrily of the police station before the expiration of his tour of duly, the Regional Director shall submit, within five (5) days after the rolif or reassignment, a list and personal. information folders vf five (5) qualified eligibles to the Napolcom Regional Director, for review and confirmation within five (8) working days Trom receipt thereof: Provided, thal the Depuly Chief of Police shall perform the functions of the relieved COP unlil the new COP or OIC has been desiynated b) The Napolcom Regional Director, wilhin five (5) working days, shall evaluate the qualifications and eligibility of the recommendees and return the list and folders to the PNP Regional Director. vc) Should the Napolcom Regional Director find thal any of the recommendees jn the list dues nel meet the quatifications and eligibility, he shall return the list to the PNP Regional Director stating therein the reason(s) with the specific instruction lo replace unqualified recommendee(s) Wily 7 qualified officer(s). L eae 57' FIGURE 1 an Process Flow in the Selection of Chief of Police in a Municipality/Compenent City PNP Piovindal Divaclor sidwits within filorn (15) days helora to oxitaion of Uo ten wey. | —"] of incumbent COP, te ist of fva (5) ales lo ho Napolcoin Regional Director Uru tho PHP Regional Diector Foduoubocuments the Eliyies ——— ‘Napoleon Rogiune? (rector secaives beckons fur vaiilcaion ot torsnnnendoes qualities and olga within Tivo) working days. hon rept hero! No | Napoleon RU volun he Asvoldare to PNP. Provincial Drocler Uru tho PNP Regional p|_Ditoclor stating tho reasons for dsqualiicalion wilh specie instucton to space unqualiled rocuuunenee(s) with quabfied olicor(s) . Napolcam RD rolung hsUlaldors 10 par] Provincial Duoelor tu the PNP Royal Falderdueanents Diravtor tho Ciyilos + PNP Provinea! Director submits stot | five (6) olyjbles toyetier with thoir folds GiyyMuricipal Mayor receives Users? ocumetis ann avaoins To the eesnnnerndens moet tho proscibod quaifcations ud aighilly? “io tyr sal 3) colin willin tivo (§) working days tho lisllolders to the PNP Provincial DirocloiDistet Biroclorslalny de teasons lornpr-salection of tho COP, b) require tho PNP Provincial Diocloubishict (Ditoclor to submit a replacement ist within five (6) days from racoipt of tho ire ln, ©) tocommond tho designation of quad Ofior-l-Chaga (OIC) for a poriod nel te axcucd tity (30) days as the tilylouniipal Mayor chason the COP Should the Mayor fab lo soleel from tho within 5 ays? toplavonont lis, the Mayer or tho PNP Provincial! Distict Ovecter shal elovaio Uo maller lo Wo Napoleon Regional Diroctor staing thoi reason(s) Yor non-seloction. The Naptcom Reyonal Divector shall resolve the cunliet winin five (6) days trom aceipt Uhoreul, Tho Jocision shall bo immediately ‘oroculury uiloss appealed to tie Commission en CilyiMunicinal Mayor endorses. chuica Lo PNP Provincial Diector ¥ banc for resolution within fvo (5) days. PNP Provincial Director secoives | | ————_ ‘endorsement and immediately issues | | t Order of Assign ' a i | PRP Prodi! roc tonisos | | cops o Oe of Assign oth | PNP Provincial Dteclor receives recommendation lor the designation of OIC for a petiod not to ‘oxceod (hirly (20) days and immodatoly issues a Desianation Oxdor ol the OIG Chi of Puico tothe Mayor and to Wo eee || Gosyntin ower sf 010 To De. Mayer and ‘Mayor ain) Napolcom and PNP Eee Regional Uovlrs receiva User expies | | -——————_____¥__ of tip Ordar of Assighinont of Uo Chiot ‘Mayor aid Nepalcar RO tocoiva Uheir copies of ol Puico Iho Designatun Oi ofthe OIC ia Ga > 50 °3) dg) The PNP Regional Dirdctor shall trangmnit the list of qualified oligibles previously reviowod by" tho Napoicom Regional Director to the Cily Mayor for him to select his COP, or the District Director in the case of the cities of Mania and Quezon, within five (5) days from receipt thereof, ‘The Cily Mayors of Manila and Quezon select tho Western Pulice District Director and Central Police District Director, respectively, from a list of five (5) qualified and eligible oflicors submillod by the NCRPO Director. e) The Cily Mayor shalll signify his choice in writing to the PNP Regional Director, whe shall thereafler issue the Order of Assigineit, 1) Should the City Mayor fail to choose from amony the five (6) recommendees within the prescribed five-day poriod, he shall: 1) relutn within five (5) working days the lisufolders to the PNP Regional Director stating tho reasons for nor-seiection of the COP; 2 require the PNP Royiunal Director Io submit a replacement list within five (6) days from reccipt thereof, 3) fecummend the Uosignation of a qualified Officer-in- Charye (OIC) for a period nol to exceed thirly (30) days. Should the Cily Mayor fail to sulect from the replacement list, the Mayor or the PNP Regional Director shall glevaty the matter to (he Napolcom Regional Director satiny their reason(s) for, non-selection. The Napolcom Regional Director shall resolve the conilict within five (5) days from receipl wereol, The decision shalt be immeuialely execulory unless appealed to tho Commission en bane for resolution within five (8) days Q) The PNP Regional Director shall furnish the Cily Mayor and the Napoleon Regional Director copies of the Order of Assignment of the Chief of Police, including the District Director of the cities of Manila and Quezon, or the Designation Order of the OIC, as the case may be. (See Figure 2) Station Commanders of the Western Police District and Central Police District (Cily of Manila and Quezon Cily) a) The Police District Director shall submit within fifteen (15) days before the expiration of the lour of duly of the . incumbent Station Commander the list and personal © information folders of five (5) qualified anu oligible officers to the City Mayor, copy furnished the NCRPO Director and the Napolcom NCR: ee Director, for evaluation and DZ confirmation, ve Pe