ADMINISTRATIVE CODE

ADMINISTATIVE CODE
ADMINISTRATIVE LAW: That branch of public law which –
o fixes the organization of government,
o determines the competence of the administrative authorities who executes
the law, and
o indicates to the individuals the remedies for the violation of his rights.
(Goodnow, Comparative Administrative Law, p. 8)

SCOPE: deals with the

 enforcement and execution of the laws of the State, its powers and duties,
 the law of public officers, their election, appointment and removal, their
rights, duties and liabilities.
 It also covers the law of public corporations, the laws that provide for the
grant of rights, privileges and bounties of government to private individuals.
(Stason, Administrative Tribunals, 2nd Ed., p. 1)
 ADMINISTATIVE CODE , con’t.
FUNCTION:
to make the government machinery work well and in an orderly
manner.
 it governs the transmission of the active powers of the State from the
source to the point of application.
 it sees to it that it does not waste itself in vain efforts to solve
problems of the State, that
 it results at some effective end, and that
 it does not go amiss and commit some grievous wrong.
(Harward Law review, No. 5, 434)
ADMINISTRATION: - is the aggregate of those persons in whose hands the
reigns of government are for the time being. (U.S. vs. Dorr, 2 Phil. 332)

LAW
prescribes the norm of
conduct and individual
should have in his relation
with other individuals or
with the State
ADMINISTRATION
sees that the individual
maintains the norm of
conduct properly.

defines the act or omission of

seeks to stop or prevent
an individual a crime and commission of the crime
prescribed the penalty
thereof
 ADMINISTRATIVE BODIES
 they are being staffed by men
who, if not so at the outset, are
deemed to become something
of experts in their particular
fields, frequently it is
commissioned by the statute
under which it functions or by
the compulsion of the authority
appointing it, to exercise its
powers in accordance with pre-
determined policy. (McDermott,
Review of Administrative Decisions, Lawyers’
Journal, p. 560, 1939).
 NATURE: - partake the nature
of judicial proceedings as it
involves the taking of evidence
and of evaluation the same;
facts are determined based
upon the evidence presented;
and their decisions and orders
are based on the facts. (Morgan vs.
United States, 304 U.S. 1, 82 L. Ed., 1129, 58 S.
Ct. 773, 999)
ADMINISTRATIVE BODIES, con’t.
JURISDICTION
 Is essential to give validity to the
determination of administrative
authorities.
 Without jurisdiction their acts are
void and open to collateral attack.
 They are tribunals of limited
jurisdiction which is dependent
entirely upon the provisions of the
state reposing power in them.
 They cannot confer jurisdiction
upon themselves that which the law
does not grant them. (42 Am. Jur.
440)
DUE PROCESS
(1) That the trier of the facts shall be
an impartial tribunal legally
constituted to determine the rights
involved;
(2) That no finding shall be made
except upon due notice and
opportunity to be heard;
(3) That the procedure at the hearing
shall be consistent with the
essentials of fair trial; and
(3) That it shall be conducted in such a
way that there will be opportunity
for a court to determine whether
the applicable rules of law and
procedure were observed. (42 Am.
Jur. 451)
 CARDINAL RIGHTS
A person Appearing before an
Administrative Body, has:
(1) The right to a hearing - right
to present one’s case and
submit evidence in support
thereof;
(2) The tribunal must consider
the evidence presented;
(3) The decision must have
something to support itself;
(4) The evidence must be
substantial. – Its more than
scintilla. It means such
relevant evidence as a
reasonable mind accept as
adequate to support a
conclusion. Mere
uncorroborated hearsay or
rumor does not constitute
substantial evidence;
(Ang Tibay vs. C.I.R., 69 Phil. 635)
(5) The decision must be rendered
on the evidence presented in the
hearing, or at least contained in
the record and disclosed to the
parties affected;
(6) The tribunal or any of its
judges, therefore, must act on its
or his own independent
consideration of the law and
facts of the controversy, and not
simply accept the views of a
subordinate in arriving at a
decision; and
(7) The tribunal should, in all
controversial questions, render
its decision in such manner that
the parties to the proceedings
can determine the various issues
involved and the reasons for the
decision rendered;
 ADMINISTRATIVE BODIES con’t. ,
 CAN A PARTY be DECLARED IN DEFAULT IN ADMINISTRATIVE
PROCEEDINGS?

Ans.
If the party duly summoned, or duly notified, to appear at an
administrative investigation refuses to appear, he may be declared in
default and the investigation may proceed without his presence. (Auyong
Hian vs. Court of Tax Appeals, No. L-28782, September 12, 1974, 59 SCRA 111)
EXHAUSTION OF ADMINISTRATIVE REMEDIES
 Where the law provides for
remedies against the action of an
administrative board, body or
officer, relief to courts against such
action can be sought.
 BASIS of the Doctrine – it rest upon
the presumption that the
administrative body, board or
officer, if given the chance to
correct its mistake or error, may
amend its decision on a given
matter and decide it properly. (Sec.
42, Am. Jur. 579)
 Applies only when there is an
express legal provision requiring
such administrative step as a
condition precedent to the taking of
an action in court. So, if there is
no such legal provision, the party
aggrieved may go to court for relief
without resorting to the principle of
exhaustion of administrative
remedies. (Asuelo vs. Arnaldo, et. al. G.R. No.
L-15144, May 26, 1960)
 Where a remedy is available
within the administrative
machinery, this should be
resorted to before resort can be
made to courts, not only to give
the administrative agency
opportunity to decide the
matter by itself correctly, but
also to prevent unnecessary and
premature resort to courts. (Cruz
vs. Del Rosario, G.R. No. L-17740 etc.)
EXHAUSTION OF ADMINISTRATIVE REMEDIES, EXCEPTIONS:

(1) When the Questioned Decision was made by the Department

Secretary;
(2) When the ISSUES involved are those of pure questions of law;
(3)When the Administrative Office’s acts are clearly devoid of authority;
(4)When the Administrative Office is in estoppel;
(5) When its application will cause great harm and damage;
(6) When its insistence would result in voiding the claim; and
(7)When exhaustion of the same would result to denial of due process.
 LAW OF PUBLIC OFFICER
ADMINISTRATIVE CODE OF 1987, 7-25-1987, BOOK I, SOVEREIGNTY AND
GENERAL ADMINISTRATION

Sec. 32. Nature of Public Office. — Public office is a

public trust. Public officers and employees must at
all times be accountable to the people, serve them
with the utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and justice, and lead
modest lives.
 LAW OF PUBLIC OFFICER:
CHARACTERISTICS OF A PUBLIC OFFICE
(1) A public office is a public thrust -
Constitutional Provisions: servants
of the people; shall serve the highest
degree of responsibility, integrity,
loyalty and efficiency and shall
remain accountable to the people;
(2) No one can have a vested right to a
public office - no such thing as a
vested interest or an estate in an
office, or even an absolute right to
hold it. When an office is created
by a Constitution, it cannot be
abolished by the legislature, but
when created by the State under
authority of the Constitution, it
may be abolished by statute and the
incumbent deprived of his office.
(22 R.C.L. 376-377; Apari vs. C.A., 127 SCRA 231);
(3)A public office is not a property .
– not a property of the office
holder, but is revocable according
to the will of the people as
expressed in the Constitution;
(4) A public office cannot be
inherited. - public offices cannot
be regarded as incorporated
hereditaments nor as having the
character or qualities of grants.
Public office is personal to the
incumbent thereof or appointee
thereto. In this sense, or it is not
a property which passes to his
heirs. None of his heirs may
replace him in his position.
 LAW OF PUBLIC OFFICER:
DUTIES AND INHIBITIONS
(1) Prohibition on Nepotism. –
appointment of a relative within the
third degree either by consanguinity
or of affinity.
(2) Inhibitions against Graft or Corrupt
Practices: (Section 3, R.A. No. 3019)
a) Persuading another public officer to
perform an act constituting violation
of rules and regulations;
b) Requesting or receiving any gift in
connection with any contract with
the government;
c) Requesting or receiving any gift
from any person for whom the
public officers have secured a license
or permit;
d) Accepting employment in a private
enterprise which has pending official
business with him;
e) Causing any undue injury to any
party;
f) Neglecting to act any matter
pending before him for the
purpose of obtaining benefit;
g) Entering into any contract
manifestly disadvantageous to
the government;
h) Having pecuniary interest in
any business in connection with
which he takes part in his
official capacity;
i) Becoming interested in any
transaction requiring aproval of
a board of which he is a
member;
j) Approving a license in favor of a
person not qualified;
k) Divulging valuable information
of a confidential nature;
 LAW OF PUBLIC OFFICER: LIABILITIES
 E.O. 292, BOOK I, SOVEREIGNTY
AND GENERAL DMINISTRATION
 Sec. 38. Liability of Superior
Officers. — (1) A public officer shall
not be civilly liable for acts done in
the performance of his official duties,
unless there is a clear showing of bad
faith, malice or gross negligence.
 (2) Any public officer who, without
just cause, neglects to perform a duty
within a period fixed by law or
regulation, or within a reasonable
period if none is fixed, shall be liable
for damages to the private party
concerned without prejudice to such
other liability as may be prescribed
by law.
  instructions of his superiors.
 (3) A head of a department or a
superior officer shall not be civilly
liable for the wrongful acts,
omissions of duty, negligence, or
misfeasance of his subordinates,
unless he has actually authorized by
written order the specific act or
misconduct complained of.
 Sec. 39. Liability of Subordinate
Officers. —No subordinate officer
or employee shall be civilly liable for
acts done by him in good faith in
the performance of his duties.
However, he shall be liable for
willful or negligent acts done by him
which are contrary to law, morals,
public policy and good customs
even if he acted under orders or
LAW OF PUBLIC OFFICER: DAMAGES/ULTRA VIRES ACTS
 REQUISITES FOR THE RECOVERY OF DAMAGES ARISING FROM ACTS OF
A PUBLIC OFFICER. (action or non-action)
(1) He must prove that he has suffered damages as a result of the acts of
the officer; and
(2) He must show that a wrong was committed by the officer.
Otherwise, the case is damnum absque injuria (damage without
injury)

ULTRA VIRES ACTS:

 Acts BEYOND the SCOPE of duties or jurisdiction .
 A public officer who goes outside the scope of his duty is not entitled
to protection on account of his office and is liable for his acts like any
private individual. (46 C.J. 1046)
 LAW OF PUBLIC OFFICER: KINDS OF LIABILITY

 NONFEASANCE – or the neglect or refusal, without sufficient excuse,

to perform an act which it was the officer’s legal obligation to the
individual to perform;

 MISFEASANCE - or negligence which here as elsewhere is the failure

to use, in the performance of a duty owing to the individual, that
degree of care, skill and diligence which the circumstances of the case
reasonably demand;

 MALFEASANCE – or the doing, either through ignorance, inattention

or malice of that which the officer had no legal right to do all, as
where he acts without any authority whatever, or exceeds, ignores or
abuses his powers. (Ibid., Sec. 665)
LAW OF PUBLIC OFFICER: LIABILITIES OF SUBORDINATES
 As a general rule public officers of the government, in the
performance of their public functions, are not liable to third persons,
either for the misfeasance or positive wrong, or for the nonfeasance,
negligence or omission of duty of their official subordinates.

 This immunity rests upon public policy, the necessity of the public
service and the perplexities and embarrassments of a contrary
doctrine. It would be difficult to find competent men to fill
important positions in the government if they know that they would
be made answerable for all the torts and wrongs committed by their
subordinates.

 These subordinate officials are directly liable for their own defaults.
If they are not made so because the law makes their superior liable for
whatever errors or mistakes they made in the performance of their
duties then these subordinates would not give the same care and
diligence to their work as the law would require them to. (Mechem, Public
Off. & Officers, Sec. 789; Robertson vs. Sichel, 127 U.S. 507; 32 L. ed. 213)
 LAW OF PUBLIC OFFICER: LIABILITIES OF SUPERIORS FOR
THE ACTS OF THEIR SUBORDINATES
(1) Where, being charged with the duty oif employing or retaining his
subordinates he negligently or willfully employs or retains unfit or
improper persons; or
(2) Where, being charged with the duty to see that they are appointed or
qualified in a proper manner, he negligently or willfully fails to
require of them the due conformity to the prescribed regulations; or
(3) Where, he so carelessly or negligently oversees, conducts or carries
the business of his office as to furnish the opportunity for the
default; or
(4) A fortiori when he has directed, authorized, or cooperated in the
wrong; or
(5) When the law makes him expressly so liable.
 LAW OF PUBLIC OFFICER: TERMINATION
TERMINATION OF OFFICIAL RELATIONS - by:
(1) Expiration of the term;
(2)Reaching the age limit;
(3)Resignation;
(4)Acceptance of an incompatible office;
(5)Abandonment;
(6)Removal;
(7)Impeachment;
(8)Death;
(9)Abolition of the office; and
(10)Recall
 LAW OF PUBLIC OFFICER: ADMINISTRATIVE PROCEDURE
E.O. 292, BOOK VII. Adjudication
 Sec. 10. Compromise and Arbitration. — To expedite administrative
proceedings involving conflicting rights or claims and obviate
expensive litigations, every agency shall, in the public interest,
encourage amicable settlement, comprise and arbitration.
 
 Sec. 11. Notice and Hearing in Contested Cases. —
(1) In any contested case all parties shall be entitled to notice and
hearing. The notice shall be served at least five (5) days before the
date of the hearing and shall state the date, time and place of the
hearing.
(2)The parties shall be given opportunity to present evidence and
argument on all issues. If not precluded by law, informal disposition
may be made of any contested case by stipulation, agreed settlement
or default.
(3)The agency shall keep an official record of its proceedings
 LAW OF PUBLIC OFFICER: ADMINISTRATIVE PROCEDURE
E.O. 292, BOOK VII. Adjudication

Sec. 12. Rules of Evidence. — In a contested case:

 (1) The agency may admit and give probative value to evidence commonly
accepted by reasonably prudent men in the conduct of their affairs.
 
 (2) Documentary evidence may be received in the form of copies or excerpts, if the
original is not readily available. Upon request, the parties shall be given
opportunity to compare the copy with the original. If the original is in the official
custody of a public officer, a certified copy thereof may be accepted.
 
 (3) Every party shall have the right to cross-examine witnesses presented against
him and to submit rebuttal evidence.

 (4) The agency may take notice of judicially cognizable facts and of generally
cognizable technical or scientific facts within its specialized knowledge. The
parties shall be notified and afforded an opportunity to contest the facts so
noticed.
 LAW OF PUBLIC OFFICER: ADMINISTRATIVE PROCEDURE
E.O. 292, BOOK VII. Adjudication
Sec. 13. Subpoena. — In any contested case, the agency shall have the
power to require the attendance of witnesses or the production of
books, papers, documents and other pertinent data, upon request of
any party before or during the hearing upon showing of general
relevance. Unless otherwise provided by law, the agency may, in case
of disobedience, invoke the aid of the Regional Trial Court within
whose jurisdiction the contested case being heard falls. The Court
may punish contumacy or refusal as contempt.
 
 Sec. 14. Decision. — Every decision rendered by the agency in a
contested case shall be in writing and shall state clearly and distinctly
the facts and the law on which it is based. The agency shall decide
each case within thirty (30) days following its submission. The parties
shall be notified of the decision personally or by registered mail
addressed to their counsel of record, if any, or to them.
 LAW OF PUBLIC OFFICER: ADMINISTRATIVE PROCEDURE
E.O. 292, BOOK VII. Adjudication
 Sec. 15. Finality of Order. — The decision of the agency shall become
final and executory fifteen (15) days after the receipt of a copy thereof
by the party adversely affected unless within that period an
administrative appeal or judicial review, if proper, has been perfected.
One motion for reconsideration may be filed, which shall suspend the
running of the said period.
 
 Sec. 16. Publication and Compilation of Decisions. —
(1) Every agency shall publish and make available for public inspection
all decisions or final orders in the adjudication of contested cases.
(2) It shall be the duty of the records officer of the agency or his
equivalent functionary to prepare a register or compilation of those
decisions or final orders for use by the public.
 LAW OF PUBLIC OFFICER: ADMINISTRATIVE PROCEDURE
E.O. 292, BOOK VII. Adjudication. CHAPTER 4, Administrative Appeal in
Contested Cases
 Sec. 19. Appeal. — Unless otherwise provided by law or executive order,
an appeal from a final decision of the agency may be taken to the
Department head.
 
 Sec. 20. Perfection of Administrative Appeals. —
 (1) Administrative appeals under this Chapter shall be perfected within
fifteen (15) days after receipt of a copy of the decision complained of by
the party adversely affected, by filing with the agency which adjudicated
the case a notice of appeal, serving copies thereof upon the prevailing
party and the appellate agency, and paying the required fees
 (2) If a motion for reconsideration is denied, the movant shall have the
right to perfect his appeal during the remainder of the period for appeal,
reckoned from receipt of the resolution of denial. If the decision is
reversed on reconsideration, the aggrieved party shall have fifteen (15)
days from receipt of the resolution of reversal within which to perfect his
appeal.
 (3) The agency shall, upon perfection of the appeal, transmit the records
of the case to the appellate agency.
 LAW OF PUBLIC OFFICER: ADMINISTRATIVE PROCEDURE
 E.O. 292, BOOK VII. Adjudication. CHAPTER 4, Administrative
Appeal in Contested Cases
 Sec. 21. Effect of Appeal. — The appeal shall stay the decision appealed from
unless otherwise provided by law, or the appellate agency directs execution
pending appeal, as it may deem just, considering the nature and
circumstances of the case.

 Sec. 22. Action on Appeal. — The appellate agency shall review the records
of the proceedings and may, on its own initiative or upon motion, receive
additional evidence.

 Sec. 23. Finality of Decision of Appellate Agency. — In any contested case,

the decision of the appellate agency shall become final and executory fifteen
(15) days after the receipt by the parties of a copy thereof

Sec. 25. Judicial Review. — (1) Agency decisions shall be subject to

judicial review in accordance with this chapter and applicable laws. ….
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE III - THE NATIONAL POLICE COMMISSION
SEC. 14. Powers and Functions of the Commission. — The
Commission shall exercise the following powers and functions
 
"6) Affirm, reverse or modify, through the National Appellate Board,
personnel disciplinary actions involving demotion or dismissal from
the service imposed upon members of the Philippine National Police
by the Chief of the Philippine National Police;
"7) Exercise appellate jurisdiction through the regional appellate boards
over administrative cases against policemen and over decisions on
claims for police benefits;
SEC. 20. Organizational Structure. — The Commission shall consist
of the following units: x x x
 "(c) Disciplinary Appellate Boards — The Commission shall establish a
formal administrative disciplinary appellate machinery consisting of
the National Appellate Board and the regional appellate boards.
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE III - THE NATIONAL POLICE COMMISSION
SEC. 20. Organizational Structure. — The Commission shall consist
of the following units:
xxx
"(c) Disciplinary Appellate Boards — The Commission shall establish a
formal administrative disciplinary appellate machinery consisting of
the National Appellate Board and the regional appellate boards.

“The National Appellate Board shall decide cases on appeal from

decisions rendered by the PNP chief, while the regional appellate
boards shall decide cases on appeal from decisions rendered by
officers other than the PNP chief, the mayor, and the People's Law
Enforcement Board (PLEB) created hereunder."
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE V - INTERNAL AFFAIRS SERVICE

Section 39. Creation, Powers, and Functions

 b) investigate complaints and gather evidence in support of an open
investigation;
 c) conduct summary hearings on PNP members facing administrative charges;
 e) file appropriate criminal cases against PNP members before the court as
evidence warrants and assist in the prosecution of the case;
 f) provide assistance to the Office of the Ombudsman in cases involving the
personnel of the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the
following cases:
 a) incidents where a police personnel discharges a firearm;
 b) incidents where death, serious physical injury, or any violation of human
rights occurred in the conduct of a police operation;
 c) incidents where evidence was compromised, tampered with, obliterated, or
lost while in the custody of police personnel;
 d) incidents where a suspect in the custody of the police was seriously injured;
and
 e) incidents where the established rules of engagement have been violated.
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE VI - DISCIPLINARY MECHANISMS
Section 52. Section 41 of Republic Act No. 6975 is hereby amended to
read as follows:
"SEC. 41(a). Citizen's Complaints. — Any complaint by a natural or
juridical person against any member of the PNP shall be brought before the
following:
"(1) Chiefs of Police, where the offense is punishable by withholding of
privileges, restriction to specified limits, suspension or forfeiture of salary,
or any combination thereof, for a period not exceeding fifteen (15) days;
"(2) Mayors of cities and municipalities, where the offense is punishable
by withholding of privileges, restriction to specified limits, suspension or
forfeiture of salary, or any combination thereof, for a period of not less than
sixteen (16) days but not exceeding thirty (30) days;
"(3) People's Law Enforcement Board, as created under Section 43 hereof,
where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination
thereof, for a period exceeding thirty (30) days; or by dismissal.

"The Commission shall provide in its implementing rules and regulations a

scale of penalties to be imposed upon any member of the PNP under this Section
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE VI - DISCIPLINARY MECHANISMS
Section 52. Section 41 of Republic Act No. 6975 is hereby amended to
read as follows:
"SEC. 41(a).
"(b) Internal Discipline. — On dealing with minor offenses involving
internal discipline found to have been committed by any regular member
of their respective commands, the duly designated supervisors and
equivalent officers of the PNP shall, after due notice and summary
hearing, exercise disciplinary powers as follows:
 "(1) Chiefs of police or equivalent supervisors may summarily impose the
administrative punishment of admonition or reprimand; restriction to
specified limits; withholding of privileges; forfeiture of salary or
suspension; or any of the combination of the foregoing: Provided, That, in
all cases, the total period shall not exceed fifteen (15) days;
 "(2) Provincial directors or equivalent supervisors may summarily impose
administrative punishment of admonition or reprimand; restrictive
custody; withholding of privileges; forfeiture of salary or suspension, or
any combination of the foregoing: Provided, That, in all cases, the total
period shall not exceed thirty (30) days;

 
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE VI - DISCIPLINARY MECHANISMS
Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as
follows:
"SEC. 41(a).
"(b) Internal Discipline. — x x x

"(3) Police regional directors or equivalent supervisors shall have the power to impose
upon any member the disciplinary punishment of dismissal from the service. He
may also impose the administrative punishment of admonition or reprimand;
restrictive custody; withholding of privileges; suspension or forfeiture of salary;
demotion; or any combination of the foregoing: Provided, That, in all cases, the
total period shall not exceed sixty (60) days;

"(4) The Chief of the PNP shall have the power to impose the disciplinary punishment
of dismissal from the service; suspension or forfeiture of salary; or any
combination thereof for a period not exceeding one hundred eighty (180) days:
Provided, further, That the chief of the PNP shall have the authority to place
police personnel under restrictive custody during the pendency of a grave
administrative case filed against him or even after the filing of a criminal
complaint, grave in nature, against such police personnel.

 
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE VI - DISCIPLINARY MECHANISMS
Section 52. Section 41 of Republic Act No. 6975 is hereby amended to
read as follows:
"SEC. 41(a). X x x
"(c) Exclusive Jurisdiction. — A complaint or a charge filed against a PNP
member shall be heard and decided exclusively by the disciplining authority
who has acquired original jurisdiction over the case and notwithstanding the
existence of concurrent jurisdiction as regards the offense: Provided, That
offenses which carry higher penalties referred to a disciplining authority shall
be referred to the appropriate authority which has jurisdiction over the
offense.

"For purposes of this Act, a 'minor offense' shall refer to any act or omission not
involving moral turpitude, but affecting the internal discipline of the PNP, and
shall include, but not limited to:
"(1) Simple misconduct or negligence;
"(2) Insubordination;
"(3) Frequent absences and tardiness;
"(4) Habitual drunkenness; and
"(5) Gambling prohibited by law.
 
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE VI - DISCIPLINARY MECHANISMS

Section 52. Section 41 of Republic Act No. 6975 is hereby amended

to read as follows:
"SEC. 41(a). X x x
"(d) Forum shopping of multiple filing of complaints. — When an
administrative complaint is filed with a police disciplinary authority,
such as the People's Law Enforcement Board (PLEB), no other case
involving the same cause of action shall be filed with any other
disciplinary authority.
LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY
ACTION (R.A. 8551)
TITLE VI - DISCIPLINARY MECHANISMS

Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read
as follows:
"Sec. 47. Preventive Suspension Pending Criminal Case. — Upon the
filing of a complaint or information sufficient in form and substance
against a member of the PNP for grave felonies where the penalty
imposed by law is six (6) years and one (1) day or more, the court shall
immediately suspend the accused from office for a period not exceeding
ninety (90) days from arraignment: Provided, however, That if it can be
shown by evidence that the accused is harassing the complainant and/or
witnesses, the court may order the preventive suspension of the accused
PNP member even if the charge is punishable by a penalty lower than six
(6) years and one (1) day: Provided, further, That the preventive
suspension shall not be more than ninety (90) days except if the delay in
the disposition of the case is due to the fault, negligence or petitions of
the respondent: Provided, finally, That such preventive suspension may be
sooner lifted by the court in the exigency of the service upon
recommendation of the chief, PNP. Such case shall be subject to
continuous trial and shall be terminated within ninety (90) days from
arraignment of the accused."
 THANK YOU!!
Atty. MA. BELLA V. SALINO-CASTILLO, CPA
 SELF-ASSESSMENT
INSTRUCTIONS: GOOGLE search –

A.        Take the MBTI Assessment via the online site (

http://www.humanmentrics.com/#Jtype), and
select the “Jung Typology Test”.
B.    Take the Big-5 assessment via the online site (
http://www.outofservice.com/bigfive/).
REQUIREMENTS: (1 long bond, Times Roman #12)
       a.  Explain how the results of these assessments are similar or
different from your beliefs about yourself.
        b.  What do these test results indicate about your personal
strengths and weaknesses?
        c.   What do they imply about the type of leader you are likely
to be?
d. e-mail to: ___________________
 TEAM BUILDING (MOCK TRIAL) PM SESSION
GROUP ASSIGNMENTS:

1. Immorality;
2. Illegal discharge of firearms;
3. Overpricing of supplies;
4. Absenteeism

Characters:
 TEAM BUILDING (MOCK TRIAL) PM SESSION
INSTRUCTIONS:

Access and use the “team development assessment

questionnaire” via google”];

a.    Analyze the characteristics of a team in which you are a member

( work group).   
b. Identify what could be done to improve your group’s performance.