Module 2 :

The Administrative Disciplinary

Authorities and IAS Of PNP

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Salient Features of NMC 2016-002

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Training Objectives:

After this lesson, the participants will be able to:

1. Determine the difference between the Breach of Internal Discipline

based on NMC 2007-01 and NMC 2016-002.
2. Define the Principles of Exclusivity;
3. List down the Penalty under NMC 2016-02
4. Enumerate the Qualifying Circumstances under NMC 2016-02

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Breach of Internal Discipline

NMC 2007-001 NMC 2016-002

• Breach of Internal Discipline – any

• Breach of Internal Discipline –
any offense committed by a
member of the PNP involving
minor offense affecting the
order and discipline within the
police organization;
offense committed by a member of the
PNP involving “minor offense” affecting
the order and discipline within the police
organization. “Minor Offense” refers to
an act or omission not involving moral
turpitude, but affecting the internal
discipline of the PNP, and shall include,
but not limited to simple misconduct;
negligence; insubordination; frequent
absences and tardiness; habitual
drunkenness; and gambling prohibited by
law;

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Equivalent Supervisor
Chief of Police
NMC 2007-001 NMC 2016-002

The supervisor equivalent to 1. Chief of Police

the Chief of Police shall
include:
a. Group Director, Provincial
Mobile Group.
MARITIME LAW ENFORCEMENT COURSE
a. Chief, Provincial Public
Safety Company
b. Chief, District Public
Safety Battalion
c. Chief, Police Station of
Manila Police District and
Quezon City Police
District
 Module 2 :

Equivalent Supervisor
Provincial Director

NMC 2007-001 NMC 2016-002

2. The supervisors equivalent to the 2. Provincial Director
Provincial Police Director shall
include the following:
a. Director, City Police Office of
a. Group Director, Regional Mobile
Highly Urbanized Cities
Group; b. Chief, Regional Public Safety
b. Chief of the Regional Unit of Battalion
Administrative and Operational c. Chief, Regional Administrative
Support Units; Support Unit
c. Director, Police District Office,
d. Chief, Regional Operational
National Capitol Region Police Office.
Support Unit

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Equivalent Supervisor
Regional Director
NMC 2007-001 NMC 2016-002

3. The supervisors equivalent to the 3. Regional Director

Regional Police Director shall
include the following:
a. Director, Police District
Office, National Capital
a. Director, PNP Administrative
Region Police Office
National Support Unit;
b. Director, National
b. Director, PNP Operational
National Support Unit;; Administrative Support
Unit
c. Director, Police District Office,
National Capitol Region Police c. Director National
Office. Operational Support Unit

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Recidivist

NMC 2007-001 NMC 2016-002

u) Recidivist – a person who Recidivist – a person who has
has been previously been previously penalized for
a grave administrative
penalized for a grave
offense and is again charged
offense and is again charged
of another or the same grave
of another or the same administrative offense
grave offense

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :
Repeatedly Charged
NMC 2007-001
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;
MARITIME LAW ENFORCEMENT COURSE
NMC 2016-002
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;
 Module 2 :

Principle of Exclusivity
NMC 2007-001 NMC 2016-002
Principle of Exclusivity. – When a complaint or
charge is filed against a PNP member, it shall be Principle of Exclusivity. – When
heard and decided exclusively by the disciplinary
authority which first acquired original jurisdiction
a complaint or charge is filed
over the case: Provided, that offenses which against a PNP member as
carry a higher or lower imposable penalty shall
be referred to the appropriate disciplinary
described in Section 1 Rule 15
authority: Provided further, that any disciplinary hereof, it shall be heard and
authority or IAS who shall take cognizance of any
complaint beyond his jurisdiction and renders a decided exclusively by the
decision thereon, the same shall be void and Disciplinary Authority or IAS
shall not be a bar to the filing of a complaint
against the PNP member before the proper which first acquired original
disciplinary authority. Any disciplinary authority
or IAS Officer who violates this provision shall be
jurisdiction over the case,
proceeded against administratively for serious subject to the following
irregularity in the performance of duty.
provisions:
MARITIME LAW ENFORCEMENT COURSE
 Module 2 :

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 Favor of the State Any
Property Found to Have Been Unlawfully Acquired By
Any Public Officer or Employee and Providing the
Proceedings Thereof);
MARITIME LAW ENFORCEMENT COURSE
 Module 2 :

Principle of Exclusivity
(Memorandum of Agreement dated September 25, 2012 – Ombudsman [OMB], NAPOLCOM & PNP)

– Violation of the provisions of Republic Act No. 1379 (An Act

Declaring Forfeiture in Favor of the State Any Property Found to
Have Been Unlawfully Acquired By Any Public Officer or Employee
and Providing the Proceedings Thereof);

– Violation of Republic Act No. 3019 (Anti-Graft and Corrupt

Practices Act);

– Violation of Sections 7, 8 and 9 of Republic Act No. 6713 (Code of

Conduct and Ethical Standards for Public Officials and Employees);

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Principle of Exclusivity
(Memorandum of Agreement dated September 25, 2012 – Ombudsman [OMB], NAPOLCOM & PNP)

– 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);

– 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.

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 Module 2 :

PLEB JURISDICTION ON CITIZEN’S

COMPLAINT [Section 41(a)]
NMC 2007-001 NMC 2016-002
People’s Law Enforcement Board (PLEB), where
the offense is punishable by withholding of
privileges; restriction to specified limits; suspension
People’s Law Enforcement
or forfeiture of salary; or any combination thereof, Board (PLEB), where the
for a period exceeding thirty (30) days; demotion or
by dismissal from the service; and
offense is punishable by
withholding of privileges;
All other citizen’s complaints involving light or restriction to specified limits;
less grave offenses against PNP members, who suspension or forfeiture of
are not assigned in the municipal station or salary; or any combination
city police office/station, or in areas where
no PLEB is organized, shall be filed with the thereof, for a period exceeding
provincial or regional Internal Affairs Service thirty (30) days; demotion or by
where the offense was committed; Provided, dismissal from the service
that the jurisdiction of the summary dismissal
authorities shall not be affected.
MARITIME LAW ENFORCEMENT COURSE
 Module 2 :

JURISDICTION ON SD CASES
[Section 42]

NMC 2007-001 NMC 2016-02

Where filed. - The complaint may Where filed. - The
be filed before the following complaint may be filed
disciplinary authorities: before the following
disciplinary authorities:
a. PNP Regional Directors or
Directors of the National
Support Units; a) PNP Regional Directors;
b. Chief of the PNP ; and b) Chief of the PNP ; and
c. The National Police c) The National Police
Commission En Banc. Commission.
MARITIME LAW ENFORCEMENT COURSE
 Module 2 :

INITIAL EVALUATION
NMC 2007-001
Evaluation. – Upon receipt of the complaint, the disciplinary
authority concerned shall designate the officer who shall conduct
the evaluation of the same to determine whether it shall be:
a) closed or dropped outright for lack of probable cause;
b) referred to the appropriate disciplinary authority;
c) treated as a grievance/request for assistance which may be
referred to the concerned office or government agency; or
d) recommended for summary hearing.
Any recommendation by the evaluator closing or dropping an
administrative complaint for lack of probable cause shall, in all
cases, be approved by the concerned disciplinary authority or IAS.
If after pre-charge evaluation probable cause is found to exist
which warrants the conduct of summary hearing, the
recommendation of the evaluator for the conduct of the same shall
be approved by the disciplinary authority or IAS. When the
authority to conduct pre-charge evaluation is delegated by the
disciplinary authority to any of its Office, the approval of the said
recommendation shall be made by the Head thereof.
NMC 2016-002
Initial Evaluation of the Complaint. – Upon
receipt of the complaint, the Disciplinary
Authority or IAS or their authorized officer shall
immediately record it in a logbook and conduct
the initial evaluation to determine if it has
jurisdiction and thereby docket the same for
pre-charge investigation or for formal charge in
cases before the PLEB; or refer it to the
appropriate disciplinary authority; or treat it as a
grievance/request for assistance and refer it to
the concerned office.
The evaluation report recommending for the
dismissal of the complaint or referral to the
appropriate Disciplinary Authority or grievance
committee shall be approved by the Disciplinary
Authority or IAS or their authorized officer.

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

FROM PCE TO PCI

NMC 2007-001 NMC 2016-002

Pre-charge evaluation is a
process to determine the
existence of probable cause
based on the allegations on
the complaint and
supporting evidence.
Pre-charge investigation shall
commence by furnishing the PNP
member complained of with a copy
of the complaint and its supporting
documents not later than 3 days
from docketing thereof
The respondent may submit his
comment / counter-affidavit within
5 days from receipt of the
complaint (non-submission
amounts to waiver)

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Pre-Charge Investigation
• determination of existence of probable cause
• terminated within ten (10) days from receipt of the
comment/counter-affidavit or upon the expiration of
the period to submit the same
• parties may be required to appear for clarificatory
questioning provided they are notified three (3) days
before the scheduled appearance
• parties may already identify and affirm their
respective pieces of evidence

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Pre-Charge Investigation

• within five (5) days from the termination of the pre-charge investigation,
the investigating officer shall submit to the DA or IAS the PCI Report
with the complete case records to include the formal charge

• in the absence of probable cause, the complaint shall be dismissed by

the DA or IAS or its authorized officer

• the complainant may file a motion for reconsideration to the DA within

three (3) days from receipt of the resolution dropping or closing the
complaint for lack of probable cause
– ground: palpable mistake
– shall be resolved within fifteen (15) days from receipt thereof

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Formal Charge: Required

• after a finding of probable cause

• the investigating office shall formally charge, under oath, the PNP
member complained of which shall contain
(1) a specification of charge/s;
(2) a brief statement of material or relevant facts; and
(3) the presence, if any, of aggravating circumstance/s.

• 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

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

ANSWER
NMC 2007-001 NMC 2016-002
• filed within 5 days from • filed within 7 working days
receipt of the summons from receipt of the
summons

• invoke the presence of

mitigating circumstance/s, if
any

• respondent may adopt the

counter-affidavit submitted
during PCI
MARITIME LAW ENFORCEMENT COURSE
 Module 2 :

PRE-HEARING CONFERENCE
NMC 2007-001 NMC 2016-002

• within ten (10) days from receipt of • within fifteen (15) days from
the answer receipt of the answer

• purpose: • purpose:
a) defining and simplifying the issues of
a) defining and simplifying the issues of
the case;
the case;
b) entering into admissions and/or
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 to d) threshing out other matters relevant
the case. to the case.

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

POSITION PAPER: Primary

NMC 2007-001 NMC 2016-002
• SHO will require submission
• the parties may agree that
of position papers in lieu of
summary hearing be
a full blown hearing taking
dispensed with, instead,
into account the summary
memorandum or position
nature of administrative
papers be submitted.
proceedings
• submit within fifteen (15)
days from termination of
pre-hearing conference,

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Clarificatory Hearing

NMC 2007-001 NMC 2016-002

• parties may agree to a trial- • a party may move or the

type hearing SHO may require
clarificatory hearing
• parties propound direct or
cross examination questions • SHO will propound
questions

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Effect of Death of Respondent

NMC 2007-001 NMC 2016-002

• terminate the • CASE WILL BE DISMISSED –

administrative
proceedings and has
the effect of
exoneration
• upon presentation of a
certified true copy of
the death certificate
death occurred before the
respondent could explain his/her
side through an answer
• CASE WILL PROCEED - death
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)

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Conduct Unbecoming of a Police Officer

NMC 2007-001 NMC 2016-002

• Conduct Unbecoming of a • Conduct Unbecoming of a

Police Officer is included in Police Officer is included in
the definition of terms but the definition enumeration
not enumerated as an of offenses
offense

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

“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)

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Violation of RPC or Special Law

NMC 2007-001 NMC 2016-002

• commit any act or omission that

• commit any act or omission constitutes a crime punishable under the
that constitutes a crime Revised Penal Code or special laws

punishable under the – duration of the imposable penalty is

Revised Penal Code or imprisonment of one (1) day to thirty (30)

days. (Simple Misconduct)
Special Laws is GRAVE – duration of the imposable penalty is
MISCONDUCT imprisonment of one (1) month and one (1)
day to six (6) months. (Less Grave
Misconduct)

– duration of the imposable penalty is

imprisonment of not lower than six (6)
months and one (1) day. (Grave Misconduct)
MARITIME LAW ENFORCEMENT COURSE
 Module 2 :
Dishonesty
NMC 2007-001
Dishonesty - Any member of the police force who shall conceal, alter,
or distort the truth in a matter of fact relevant to his office, or
connected with the performance of his duties shall be guilty of
Dishonesty. It shall include but not be limited to the following:
a) any member who shall knowingly enter in his Information Sheet or
CSC 212 Form, or in his Individual Police Profile, facts which are
not true, or conceal or distort material facts;
b) makes a false report or entry in the police blotter or any
department record;
c) gives deliberate false testimony against or in favor of a person
facing a criminal or administrative charge;
d) destroy, conceal, or tamper physical evidence to be presented in
court or any office conducting an investigation by exchanging,
altering, damaging or diluting as to affect its original
appearance, composition and content;
e) intentionally provide the public with false information affecting
public interest
MARITIME LAW ENFORCEMENT COURSE
NMC 2016-002
Simple Dishonesty – dishonest acts
- w/o damage or prejudice to the government;
- w/o direct relation to duties & responsibilities of the respondent;
- did not result in any gain or benefit to the offender
- the information falsified is not related to employment in case of falsification
of official document.
Less Grave Dishonesty – dishonest act caused damage and prejudice to the
government that is not so serious as to qualify under Grave Dishonesty, and
wherein the respondent did not take advantage of his position in committing
the dishonest act.
Grave Dishonesty - involves the presence of any one of the following
- serious damage and grave prejudice to the government;
- respondent gravely abused his authority to commit the dishonest act;
- the respondent is an accountable officer, the dishonest act directly involves
property, accountable forms or money for which he is directly accountable
and the respondent shows an intent to commit material gain, graft and
corruption;
- dishonest act exhibits moral depravity on the part of the respondent;
- the respondent employed fraud or falsification of official documents in the
commission of the dishonest act related to his or her employment;
- the dishonest act was committed several times or in various occasions;
- the dishonest act involves a NAPOLCOM examination irregularity or fake
NAPOLCOM eligibility such as impersonation, cheating and the like
 Module 2 :

Penalties

NMC 2007-001 NMC 2016-0o2

Imposable Penalties. – The following are the Imposable Penalties. – The following are the
penalties that may be imposed in police penalties that may be imposed in police
administrative cases: administrative cases:

a) Withholding of privileges a) Reprimand;

b) Restriction to specified limits b) Withholding of privileges;
c) Restriction to specified limits;
c) Restrictive custody
d) Restrictive custody;
d) Forfeiture of salary e) Forfeiture of salary;
e) Suspension f) Suspension;
f) Any combination of Penalties under Section g) any combination of penalties under
Section 1, subparagraphs (a) to (f), except
1, Subparagraphs (a) to (e) (e) and (f) which are incompatible
g) One (1) rank demotion penalties;
h) Dismissal from the Service h) One (1) rank demotion;
i) Dismissal from the service

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

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 commendations;
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 offense;
4) repeatedly charged;
5) offense is committed during office hours and/or within the premises of the government office or building;
6) employment of fraudulent means to commit or conceal the offense;
7) intoxication;
8) being a recidivist;
9) offense (was) committed in consideration of a 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
13) analogous circumstances.

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Qualifying Circumstances in NMC 2016-002

Mitigating and Aggravating Circumstances. – In the determination of penalties to be imposed,
the following circumstances shall be considered:
a. awards and commendations;
b. employment of fraudulent means to commit or conceal the offense;
c. first offense;
d. good faith;
e. illness;
f. intoxication;
g. length of service in the government;
h. offense is committed during office hours;
i. offense is committed in consideration of a price or reward;
j. offense is committed in cooperation with two (2) or more persons;
k. offense is committed within the premises of the government office or building;
l. recidivist;
m. repeatedly charged;
n. taking advantage of official position;
o. taking undue advantage of subordinate;
p. use of government property in the commission of the offense;
q. utilizing minor in the commission of the offense;
r. when the victim is a minor, feeble minded or physically disabled;
s. analogous circumstances

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

Effect of Pending Case

NMC 2007-001 NMC 2016-002

• Pendency of an administrative • Pendency of an administrative

case before any of the case before any of the
administrative Disciplinary
administrative disciplinary
Authorities, IAS or Appellate
authorities or IAS shall be a Bodies shall not be a bar to
bar to promotion. promotion nor a disqualification
to undergo mandatory training.

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

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

MARITIME LAW ENFORCEMENT COURSE

 Module 2 :

SUMMARY
After this lesson, the participants will be able to:

1. Determine the difference between the Breach of Internal

Discipline based on NMC 2007-01 and NMC 2016-002.
2. Define the Principles of Exclusivity;
3. List down the Penalty under NMC 2016-02
4. Enumerate the Qualifying Circumstances under NMC
2016-02

MARITIME LAW ENFORCEMENT COURSE