apacity Enhancement

for the People’s Law

Enforcement
Board
Why do we need
to
strengthen
PLEBs?
Suspension of
the
writ of habeas
corpus
War against drugs
and
extra-judicial
killings
Police abuses
Roles of
PLEBs
Check and balance
mechanism
Preventive
Measure
Republic Act No. 10924
“The amount of One Hundred Million Pesos
(P100,000,000.00) shall be used for the
implementation and capacity enhancement of the
People’s Law Enforcement Board to ensure its
functionality and effectiveness in accordance to the
provision of R.A. Nos. 6975 and 8551. The DILG
and its attached agencies and other stakeholders
shall implement the program based on the design
and guidelines issued by
DILG.”
PEOPLE’S LAW
ENFORCEMENT
BOARD
Introduction
RA 6975 – the “Department of the Interior
and Local Government Act of 1990”
introduced and institutionalized people
empowerment
Provided for the creation and
organization of PLEB in every town or
city throughout the country
 Statutory Basis
Section 43 (a) of RA 6975, as
amended
Mandates PLEB creation by the
sangguniang panglungsod/bayan

One (1) PLEB for every five hundred (500) city

or municipal police personnel and for each of
the legislative district in a city
 Composition
SB/SP Member representing the Sangguniang
Bayan / Panglungsod chosen by the sanggunian
concerned

Barangay Chairman representing the

Association of Barangay Captains chosen
by the Association
 Composition
Three (3) other members, removable only
for cause, 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
Term of Office
• Three (3) years from assumption of
office
• Principle of holdover applies
• The Sanggunian member and Barangay
Chairman automatically cease to be
PLEB members upon the expiration of
their term of office.
BENEFITS
• PLEB is a civic duty
• Entitled to per diem pegged at Php
1,000.00 per session but not to exceed
Php 4,000.00 irrespective of the number
of sessions
• Life insurance coverage as may be
determined by the city or municipal
council
BENEFITS
• The annual budget of the LGU shall
include an item and the corresponding
appropriation for PLEB maintenance
and operation.
• Low income municipalities = DILG shall
provide for the same.
NAPOLCOM
MC 2016 - 002
 Title
Uniform Rules of Revised Rules of
Procedure before the Procedure before the
Administrative Administrative
Disciplinary Disciplinary Authorities
Authorities and the and the Internal Affairs
Internal Affairs Service of the
Service of the Philippine National
Philippine National Police (PNP)
NMC 2007 NMC 2016 - 02
Police (PNP)- 001
 Summary Dismissal
Proceedings
• Complaint Filed
• Initial evaluation to determine jurisdiction
• Formal Charge
• Docketing of Formal Charge
• Raffle, if applicable
• Summons
 Summary Dismissal
Proceedings
•Answer
•Pre-Hearing Conference
•Submission of Position Paper – (trial)
•Clarificatory hearing, if needed
•PLEB Decision / Resolution
•Notice of PLEB Decision / Resolution
•Finality (if no MR or Appeal) and
Implementation
Determination of
Jurisdiction
 INITIAL EVALUATION
Evaluation – Upon receipt of the complaint, the disciplinary Initial Evaluation of the Complaint – Upon
authority concerned shall designate the office who shall receipt of the complaint, the Disciplinary
conduct the evaluation of the same to determine whether it
shall be: Authority or IAS or their authorized officer
a. Closed or dropped outright for lack of probable cause;
shall immediately record it in a logbook
b. Referred to the appropriate disciplinary authority; and conduct the initial evaluation to
c. Treated as a grievance/request for assistance which may
be referred to the concerned office or government
determine if it has jurisdiction and
agency; or thereby docket the same for pre-charge
d. Recommended for summary hearing
investigation or for formal charge in cases
Any recommendation by the evaluator closing or dropping an before the PLEB; or refer it to the
administrative complaint for lack of probable cause shall, in all
cases, be approved by the concerned disciplinary authority or
appropriate disciplinary authority; or treat
IAS. it as a grievance/request for assistance
If after pre-charge evaluation probable cause is found to exist
and refer it to the concerned office.
which warrants the conduct of summary hearing, the
recommendation of the evaluator for the conduct of the same The evaluation report recommending for the dismissal of the
shall be approved by the disciplinary authority or IAS. When complaint or referral to the appropriate Disciplinary Authority
the authority to conduct pre-charge evaluation is delegated by or grievance committee shall be approved by the Disciplinary
the disciplinary authority to any of its Office, the approval of Authority or IAS or their authorized officer.
the said recommendation shall be made by the Head thereof.

NMC 2007 - 001 NMC 2016 - 02

 Original Jurisdiction
Jurisdiction is conferred by law
Jurisdiction over the person of the respondent
Jurisdiction over the subject matter of the complaint
 Jurisdiction is Conferred by Law
Republic Act No. 6975 Republic Act No. 8551      February 25,
December 13, 1990 1998
 
AN ACT PROVIDING FOR THE REFORM AND
AN ACT ESTABLISHING THE
REORGANIZATION OF THE PHILIPPINE
PHILIPPINE NATIONAL POLICE NATIONAL POLICE AND FOR OTHER
UNDER A REORGANIZED PURPOSES, AMENDING CERTAIN
DEPARTMENT OF THE PROVISIONS OF REPUBLIC ACT NUMBERED
INTERIOR AND LOCAL SIXTY-NINE HUNDRED AND SEVENTY-FIVE
GOVERNMENT, AND FOR ENTITLED, "AN ACT ESTABLISHING THE
OTHER PURPOSES PHILIPPINE NATIONAL POLICE UNDER A RE-
ORGANIZED DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT, AND
FOR OTHER PURPOSES"

REPUBLIC ACT No. 8551

REPUBLIC ACT No. 6975
(The PNP Reform and Reorganization Act of
(The DILG Act of 1990)
1998)
Jurisdiction Over the Person of the
Respondent
 Rules apply only to administrative cases against UNIFORMED
members of the PNP
PCOs PNCOs
(Police Commissioned Officers)
(Police Non-Commissioned Officers)
Police Director General
Senior Police Officer IV
Police Deputy Director general
Senior Police Officer III
Police Director
Senior Police Officer II
Police Chief Superintendent
Senior Police Officer I
Police Senior Superintendent
Police Officer III
Police Officer II
Police Superintendent
Police Officer I
Police Chief Inspector
Police Senior Inspector (PNP RD is the appointing authority)
Police Inspector
 Jurisdiction Over
the Subject Matter

A) Citizen’s Complaints
It is a formal charge initiated by a natural or
juridical person or his duly authorized
representative or guardian on account of an
injury, damage or disturbance sustained as a
result of an irregular or illegal act or omission of
a PNP member (Section 41(a), R.A. 6975, as
amended)
 Jurisdiction Over
the Subject Matter

B) Breach of Internal Discipline (not

covered by PLEB)
It is an offense committed by a PNP member involving
minor offense affecting the order and discipline within the
police organization (Section 41 (b), R.A. 6975, as amended)
C) Summary Dismissal Cases (not covered
by PLEB)
It where the maximum imposable penalty is
dismissal from the service and the offense falls under any
of the cases enumerated in Section 41 of R.A. No. 6975 as
amended.
 Jurisdiction on Citizen’s
Complaints [Section 41(a)]
• Chief of Police – 1 to 15 day/s
suspension, withholding of privileges,
restriction to specified limits, forfeiture of
salary or combination of thereof
 Jurisdiction on Citizen’s
Complaints [Section 41(a)]
Mayor – 16 to 30 days suspension, withholding of privileges,
restriction to specified limits, forfeiture of salary or combinations
of thereof

PLEB – 31 days to 6 months suspension; demotion;

dismissal from the service (the PLEB is the central
receiving entity for all citizen’s complaints)
(PLEB will determine to forward the decision to Chief of Police or
Mayor)
 PLEB JURISDICTION ON CITIZEN’S
COMPLAINT [Section 41(a)]
People’s Law Enforcement Board (PLEB), where PLEB
the offense is punishable by withholding of • Offense is less grave to
privileges; restriction to specified limits; grave, i.e. punishable by
suspension or forfeiture of salary of any wop; rtsl; fos;
combinations thereof, for a period exceeding thirty suspension; or any
(30) days; demotion or by dismissal from the combination thereof, for
service; and a period exceeding thirty
(30) days; demotion or
All other citizen’s complaints involving light or less
by dismissal from the
grave offenses against PNP members, who are not
assigned in the municipal station or city police service
office/station, or in areas where no PLEB is • Offense committed
organized, shall be filed with the provincial or within PLEB’s area of
regional Internal Affairs Service where the offense jurisdiction
NMC 2016 - 02
was committed; Provided, that the Jurisdiction of the • PNP uniformed member
summary
NMC dismissal
2007 - 001authorities shall not be affected.
 Formal Charge: Required
 The PLEB shall formally charge, under
oath, the PNP member complained of which
shall contain
1. a specification of charge/s
2. A brief statement material or
relevant facts; and
3. the presence , if any, of aggravating
circumstances/
 Accompanied by certified true copies
of the documentary evidence, if any,
including the sworn statements of
witnesses
 Case deemed formally filed and
pending upon receipt and entry of
the same in the official docket
 Ombudsman
PNP
Chief, PNP NAPOLCOM
PNP RD/ES
PNP PD/ES
PNP COP/ES MAYOR

PLEB
 Principle of Exclusivity
Principle of Exclusivity – when a
complaint or charge is filed against a PNP member,
it shall be heard and decided exclusively Principle of
by the disciplinary authority which first
acquired original jurisdiction over the Exclusively
case: Provided, that offenses which carry When a complain or charge is
a higher or lower imposable penalty shall filed against a PNP member as
described in Section 1 Rule 15
be referred to the appropriate disciplinary
hereof, it shall be heard and
authority; Provided, further, that any disciplinary
decided exclusively by the
authority or IAS who shall take cognizance of any
complaint beyond his jurisdiction and renders a Disciplinary Authority or IAS
decision thereon, the same shall be void and shall not which first acquired original
be a bar to the filing of a complaint against the PNP jurisdiction over the case, subject
member before the proper disciplinary authority or to the following provisions:
IAS Officer who violates this provision shall be NMC 2016 - 02
proceeded against administratively for serious
NMC in2007
irregularity - 001 of duty.
the performance
Principle of Exclusivity
(Memorandum of Agreement dated September 25, 2012 – Ombudsman [OMB],
NAPOLCOM & PNP)

The OMB shall have primary jurisdiction over

administrative cases filed either before
NAPOLCOM or PNP against PNP officers &
members for acts or omissions arising from the
following criminal offenses filed or pending before
the OMB:
Violation of the provisions of Republic Act No.
1379 (An Act Declaring Forfeiture in favour of the
State Any Property Found to Have been Unlawfully
Acquired By Any Public Officer or Employee and
Providing the Proceedings Thereof);
 Principle of Exclusivity
(Memorandum of Agreement dated September 25, 2012
– Ombudsman [OMB], NAPOLCOM & PNP)

• Violation of Republic Act No. 3019 (Anti-Graft

and Corrupt Practices Act)
• Violation of Section 7, 8 and 9 of Republic Act
No. 6713 (Code of Conduct and Ethical Standards
for Public Officials and Employees);
• Plunder under Republic Act No. 7080 (An Act
Defining and Penalizing the Crime of Plunder);
• Violation of Republic Act No. 9184 (Government
Procurement Reform Act).
 Principle of Exclusivity
(Memorandum of Agreement dated September 25, 2012 –
Ombudsman [OMB], NAPOLCOM & PNP)

• Violation of Republic Act No 9485 (Anti-Red

tape Act of 2007)
• Bribery under Section 2, Chapter Two and
Malversation under Chapter Four of Title VII, Book
II of the Revised Penal Code, as amended; and
• Violation of other graft laws.
 Principle of Exclusivity
(Memorandum of Agreement dated September 25, 2012
– Ombudsman [OMB], NAPOLCOM & PNP)

The NAPOLCOM shall have primary jurisdiction

over grave administrative cases defined and
penalized under these Rules.

 The PNP shall have primary jurisdiction over administrative

cases against PNP members for acts and omissions
constituting breach of internal discipline or minor offenses
defined under R.A. 6975 as amended by R.A. No. 8551,
violation of the Civil Service Law and its implementing
paragraph and
Rules and Regulations or PNP policies such as, but not
n, the IAS shall
limited to those relating to efficiency in the performance of
stigate cases
Rule 6
official duties and responsibilities.
 Principle of Exclusivity
(Memorandum of Agreement dated September 25, 2012
– Ombudsman [OMB], NAPOLCOM & PNP)

Subject to the preceding paragraph and

concurrence of jurisdiction, the IAS shall take
cognizance and investigate cases enumerated in
Section 1, Rule 6
CASES for IAS Investigation
• Incidents were a police personnel discharges a
firearm
• Incidents were death, serious physical injury or
any violation of human rights occurred in the
conduct of police operation
• Incidents were evidence was compromised,
tampered with, obliterated, or lost while in the
custody
Incidents of police
were a suspect personnel
in the custody of the
police was seriously injured

Incidents were the established rules of

engagement have been violated
CASES for IAS Investigation
• Incidents were a suspect in the custody of
the police was seriously injured

• Incidents we have re the established rules of

engagement been violated
 ANSWER
Filed within 5 days Filed within 7 working days
from receipt of the from receipt of the summons
summons Invoke the presence of
mitigating circumstance/s, if
any
Respondent may adopt the
counter-affidavit submitted
during PCI (not applicable to
PLEB. Only for PNP &
NAPOLCOM)
NMC 2007 - 001 NMC 2016 - 02
 PRE – HEARING CONFERENCE
 Within ten (10) days from receipt of  Within fifteen (15) days from
the answer receipt of the answer
 Purpose:
a) defining and simplifying the issues  Purpose:
of the case; a) Defining and simplifying the
b) entering into admissions and/or issues of the case;
stipulation of facts; b) Entering into admissions and/or
c) limiting the number of witnesses to stipulation of facts
be presented; c) Marking of exhibits after proper
d) scheduling the dates of hearing; identification by the
e) marking of exhibits; and parties/signatories; and
f) threshing out other matters relevant d) Threshing out other matters
to the case. relevant to the case
NMC 2007 - 001 NMC 2016 - 02
PRE – HEARING CONFERENCE
Within fifteen (15) days from receipt of the answer

Purpose:
a) Defining and simplifying the issues of the case;
b) Entering into admissions and/or stipulation of facts
c) Marking of exhibits after proper identification by
the parties/signatories; and
d) Threshing out other matters relevant to the case
NMC 2016 - 02
POSITION PAPER in lieu of Trial Type Hearing
The parties may PLEB will require
agree that summary submission of position
hearing be dispensed papers in lieu of a full
with, instead, blown hearing taking into
memorandum or account the summary nature
position papers be of administrative
submitted. proceedings

Submit within fifteen (15)

NMC 2007 - 001
days from termination of
NMC 2016 - 02
pre-hearing conference.
Clarificatory Hearing
Parties may agree to a A party may move or
trial-type hearing the PLEB may require
clarificatory hearing
Parties propound
direct or cross PLEB will propound
examination questions questions

NMC 2007 - 001 NMC 2016 - 02

Offenses and Penalties
 Conduct Unbecoming of a
Police Officer
Conduct Unbecoming Conduct Unbecoming
of a Police Officer is of a Police Officer is
included in the included in the
definition of terms but definition enumeration
not enumerated as an of offenses
offense

NMC 2007 - 001 NMC 2016 - 002

“catch all provision” in Rule 21
“any other omission or refusal, without sufficient
excuse, to perform an act or duty that is
analogous to the foregoing.”
(for Simple Neglect of Duty)

“any other improper performance of an act or

duty that is analogous to the foregoing.:
(for Simple Irregularity in the Performance of Duty)
 Violation of Revised Penal Code
or Special Law
 Commit any act or omission that
constitutes a crime punishable under the
 Commit any act or Revised Penal Code or special laws
omission that • Duration of the imposable penalty is
constitutes a crime imprisonment of one (1) day to thirty (30)
punishable under the days. (Simple Misconduct)
Revised penal Code or • Duration of the imposable penalty is
Special Penal Code or imprisonment of one (1) to six (6)
Special law is GRAVE months. (Less Grave Misconduct)
MISCONDUCT • Duration of the imposable penalty is
NMC 2007 - 001
imprisonment of not lower than six (6)
months and one (1) day. (Grave
Misconduct)
NMC 2016 - 02
Qualifying Circumstances in NMC 2007 – 001

Qualifying Circumstances – In the determination of

penalties to be imposed mitigating and aggravating
circumstances attendant to the commission of the
offense/s shall be considered.

A) The following are mitigating circumstances:

1. Illness
2. Good faith
3. Length of service in the government
4. Awards and commendation
5. Analogous circumstances
B) The following are aggravating circumstances:
1. Taking advantage of official position
2. Taking undue advantage of subordinate
3. Use of government property in the commission of the offensive
4. Repeatedly charged
5. Offense is committed during office hours and/or within the
premises of the government offices or building
6. Employment of the fraudulent means to commit or conceal the
offense
7. Intoxication
8. Being a recidivist
9. Offense (was) committed in consideration of price or reward
10.When the victim is a minor, feeble minded or physically
disabled
11.When offense is committed in cooperation with two (2) or more
persons
12.Utilizing minor in the commission of the offense, and
 Qualifying Circumstances in NMC 2016 – 002
Mitigating and Aggravating Circumstances – in the determination of penalties to be imposed, the
following circumstances shall be considered:

 Awards and commendations

 Employment of fraudulent means to commit or conceal the
offense
 first offense
 Good faith
 Illness
 Intoxication
 Length of Service in the government
 Offense is committed during office hours
 Offense is committed in consideration of price or reward
 Offense is committed in cooperation with two or more persons
 Offense is committed within premises of the government
office or building
 Qualifying Circumstances in NMC
2016 – 002
Mitigating and Aggravating Circumstances – in the determination of
penalties to be imposed, the following circumstances shall be considered:

 Recidivist
 Repeatedly charged
 Taking advantage of official position
 Taking undue advantage of subordinate
 Use of government property in the commission of the offense
 Utilizing minor in the commission of the offense
 When the victim is a minor. Feeble minded, and physically
disabled
 Analogous circumstances
 Recidivist
u) Recidivist – a person
who has been previously
penalized for a grave
offense and is again
charged of another or the
same grave offense
NMC 2007 - 001 NMC 2016-002
Recidivist – a person
who has been previously
penalized for a grave
administrative offense
and is again charged of
another or the same
grave administrative
offense
 Repeatedly Charged
v) Repeatedly Charged –
when a police officer is formally
charged administratively for at least
three (3) times and was found
culpable in any one of them and
meted a penalty not lower than
sixty (60) days suspension;
NMC 2007 - 001
v) Repeatedly Charged –
when a police officer is
formally charged
administratively of a less grave
or light offense for at least three
(3) times and was found
culpable in any one of them;
NMC 2016-002
 Effect of Pending Case
 Pendency of an
administrative case before
any of the administrative
disciplinary authorities or
IAS shall be a bar to
promotion
NMC 2007 - 001
 Pendency of an
administrative case before
any of the administrative
Disciplinary Authorities,
IAS or Appellate Bodies
shall not be a bar to
promotion nor a
disqualification to undergo
mandatory training
NMC 2016-002
 Effect of Death of Respondent
 Terminate the administrative
 CASE WILL BE DISMISSED –
proceedings and has the effect
death occurred before the respondent
of exoneration
could explain his/her side through an
answer
 Upon presentation of a certified
 CASE WILL PROCEED – death
true copy of the death certificate
occurred when the formal
investigation reached the stage
where respondent is considered to
have been afforded due process (i.e.
notified & given opportunity to
answer)

NMC 2007 - 001 NMC 2016-002

Administratively Disability Inherent in
Certain Penalties
a) Penalty of DISMISSAL
• Results in the separation of the respondent from the
service
• Cancellation of eligibility
• Forfeiture of retirement benefits
• Disqualification for re-employment in the government
service;
 Administratively Disability
Inherent in Certain Penalties
b) Penalty of DEMOLITION
• Entail appointment to the next lower rank, regardless of mode of
entry into the PNP
• Corresponding diminution of salary
• Disqualification for promotion for the calendar year
• Withholding of privileges for the calendar year

c) Penalty of SUSPENSION
• Temporary separation or cessation of work of the respondent for the
duration of the sanction
• Carry with it disqualification for promotion corresponding to the
period of suspension
• Withholding of privileges corresponding to the period of suspension
Appeals
Appellat Appellate Jurisdiction
e Body
RAB Decisions of the PLEB or PNP RD or equivalent
supervisor where the penalty imposed is demotion or
dismissal from the service
Decisions of the mayor or chief of police
NAB Decisions of the Chief, PNP
Decisions of the IG affirming the RIAS Resolution
dismissing the complaint for lack of probable cause
SILG Decisions of the National Appellate Board (RAB)
Decisions of the Regional Appellate Board (NAB)
CSC Decisions of the SILG
Decisions of the NAPOLCOM En Banc as summary
dismissal authority
 RAB APPELLATE JURISDICTION
The following are appealable to the Regional
Appellate Board:
a) Decisions of the PLEB where the penalty
imposed is demotion or dismissal from the
service
b) Decisions of the PNP Regional Director or
equivalent supervisor, where the penalty
imposed is demotion or dismissal from the
service
c) Decisions of city and municipal Mayors in
cases falling within their respective
jurisdiction; and
d) Disciplinary recommendations of the Regional
IAS which were not acted upon by the PNP
Regional Director or equivalent supervisor
within thirty (30) days from submission by the
NMCRegional
2007 - IAS,
001 where the recommended penalty
is demotion or dismissal from the service
The following are appealable to the RAB:
a) Decisions of city/municipal Mayors and
Chiefs of Police in the exercise of their
disciplinary powers under Section 41 (a) of
RA 6975 as amended
b) Decisions of the PLEB in the exercise of its
disciplinary powers under Section 41 (a) of
RA 6975 as amended where the penalty
imposed is demotion or dismissal from the
service
c) Decisions of the PNP Regional Director or
equivalent supervisor in the exercise of their
disciplinary powers under Section 41 (b) of
RA 6975 as amended, where the penalty
imposed is demotion or dismissal from the
service
d) Decisions of the PNP Regional Director in the
exercise of its summary dismissal power
under Section 42 of RA 6975 as amended
NMCwhere the penalty imposed is demotion or
2016-02
dismissal from the service
 NAB APPELLATE JURISDICTION
The following are appealable to the
National Appellate Board:
a) Decisions of the Chief of the PNP
where the penalty imposed is demotion
or dismissal from the service
b) Disciplinary recommendations of the
Inspector general, IAS that were not
acted upon by the chief, PNP within
thirty (30) days from submission by the
inspector General, IAS where the
recommended penalty is demotion or
dismissal; and
The following are appealable to the
NAB:
a) a)Decisions of the Chief of the PNP
where penalty imposed is demotion
or dismissal from the service
b) Decisions of the inspector General
affirming the Resolution of the
regional IAS or the prosecution
division of the national IAS
dismissing the complaint for lack of
probable cause

c) Decisions of the Inspector general

affirming the Resolution of the
regional IAS dismissing the complaint NMC 2016-002
for lack
NMC 2007of-probable
001 causes
Significant dates
Promulgated on March 7, 2016

Effective fifteen (15) days from publication in two (2)

newspapers of general circulation

Published on May 30, 2016

Effective on June 15, 2016