Professional Documents
Culture Documents
PNP DISCIPLINARY
MECHANISM
IOBC
Lesson Goal
IOBC
Scope of Presentation
Identify who is a Police Officer
References governing PNP Administrative Disciplinary
Mechanism
PNP Disciplinary Law and Order general provisions
Jurisdiction of Cases Procedures to be observed at the
NHQ, Regional and NSU level regarding citizens
complaint
IOBC
Scope of Presentation
Summary dismissal powers of the NAPOLCOM, Chief,
PNP and the Regional Directors
Commencement of a complaint
Pre-charge evaluation procedure
Summary hearing procedure
Offenses punishable and the imposable penalties
Different administrative remedies
IOBC
IOBC
References Governing
Admin Disciplinary System
DISTINCTIONS:
NAPOLCOM MC 2007-001
RRACCS
Pre-Charge Evaluation
Preliminary Investigation
Probable Cause
Reglementary period of 10
days
Reglementary period of 15
days
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Definition of terms
Citizens Complaint initiated by 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 PNP member
IOBC
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Definition of terms
Conduct Unbecoming of a Police Officer done in
official or private capacity which seriously
compromising his character and standing in the PNP
in such a manner as to indicate vitiated or corrupt
state of moral character which shows his unworthiness
to remain the police service.
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Definition of terms
Decision the written disposition of the disciplinary
authority or appellate body stating clearly the facts and
the law upon which it is based
Disciplinary Authorities shall refer to the city or
municipal mayors; COPs or equivalent supervisors;
PDs or equivalent supervisors; RDs or equivalent
supervisors; PLEB; Chief PNP; NAPOLCOM En Banc
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Definition of terms
Equivalent Supervisors PNP Officers occupying
positions/designations equivalent to that of COP, PD
and RD who are vested with disciplinary authority
over personnel of their respective offices, charged
with minor offenses involving breach of internal
discipline.
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Definition of terms
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Definition of terms
Forum Shopping the filing of several complaints
arising from one and the same cause of action
involving the same parties asking for the same relief
with the different administrative disciplinary authorities,
the IAS and Office of the Ombudsman
Jurisdiction authority vested by law to hear and
decide a case
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Definition of terms
Minor Offenses 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
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Definition of terms
Moral Turpitude done contrary to justice, honesty,
modesty, or good morals
Newly Discovered Evidence 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 decision
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Definition of terms
Pending Case a case when the respondent had
been formally charged before any of the disciplinary
authorities or IAS; or appeal is pending with any of the
appellate bodies
Recidivist a person who has been previously
penalized for a grave offense and is again charged of
another or the same grave offense
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Definition of terms
Reglementary Period the period required by law or
these Rules to perform a specific act
Repeatedly Charged formally charged
administratively for at least 3 times and was found
culpable in any one of them and meted a penalty not
lower than 60 days suspension
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Definition of terms
Serious Charge a complaint involving an offense
where the maximum imposable penalty is dismissal
from the service
Subpoena Ad Testificandum a process directed
to a person requiring him to appear and testify in an
investigation or hearing
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Definition of terms
Subpoena Duces Tecum a process directing a
person to appear and bring with him books,
documents or things under his control in an
investigation or hearing
Substantial Evidence such relevant evidence as
reasonable mind might accept as adequate to support
a conclusion
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Definition of terms
Summary Hearing Officer officer designated by the
disciplinary authority or IAS to conduct the formal
hearing, and to submit a ROI
Summary Proceeding an expeditious
administrative proceeding conducted consistent with
due process to determine the culpability or innocence
of the respondent
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Definition of terms
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Jurisdiction of Admin
Cases
A. Citizens Complaint
IMPOSABLE PENALTIES
PERIOD
withholding of privileges;
not exceeding 15 days
restriction to specified
limits; suspension or
forfeiture of salary; or any
combination thereof
-do-doplus demotion or by
dismissal from the service
IOBC
DA
COP, CD
PLEB
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Jurisdiction of Admin
Cases
A. Citizens Complaint
*All other citizens complaints where no PLEB is
organized shall be filed with the provincial or regional
IAS where the offense was committed.
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Jurisdiction of Admin
Cases
B. Breach of Internal Discipline
IMPOSABLE PENALTIES
PERIOD
DA
admonition or reprimand;
restrictive custody; withholding of
privileges, forfeiture of salary or
suspension; or any combination
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Jurisdiction of Admin
Cases
PERIOD
DA
not
exceeding
180
days
IOBC
Chief, PNP
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Procedures to be Observed
at the NHQ Level
SOURCE
COMPLAINT RECEIPT TASK GROUP, CPNP COMPLAINT ACTION
OFFICE, CRAC PCRG, DPRM
W/ VERIFIABLE DATA
W/ SS AFFIDAVIT OR
DOCUMENT/S
DIDM, PCE
DI, IG VALIDATION
WITH
PROBABLE
CAUSE
W/O
PROBABLE
CAUSE
FORMAL
CHARGE,
PENDING CASE
DROP &
CLOSE
WITH BASIS
W/O BASIS
WITH BASIS
W/O BASIS
DLOD, DPRM
SHO-HEARING
IOBC
RESOLUTION
D, LS REVIEW
DECISION
ARCHIVE
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Procedures to be Observed
at the RHQ/NSU Level
SOURCE
COMPLAINT RECEIPT TASK GROUP, RD COMPLAINT ACTION
OFFICE, CRAC, RPHRDD, PPOs, CPOs, MPS
W/ VERIFIABLE DATA
W/ SS AFFIDAVIT OR
DOCUMENT/S
CIDG VALIDATION/
INVESTIGATION
WITH
PROBABLE
CAUSE
W/O
PROBABLE
CAUSE
FORMAL
CHARGE,
PENDING CASE
DROP &
CLOSE
WITH BASIS
W/O BASIS
WITH BASIS
W/O BASIS
LOS, RPHRDD
RIAS SHOHEARING
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RESOLUTION
RLS REVIEW
DECISION
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Principle of Exclusivity
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QUESTION?
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Jurisprudence
Administrative offenses do not prescribe
(Floria vs. Sunga, 368 SCRA 551).
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Pre-charge evaluation
A process to determine the existence of
probable cause based on the allegations on the
complaint and supporting evidence.
Within 3 days, from receipt of the complain, evaluate the
same and submit recommendation
to the concerned disciplinary authority for proper
disposition.
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Evaluation
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offenses involving
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Prohibition of Reassignment of
Respondent
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ORDER OF SUMMARY
HEARING
COMPLAINANT
ADDUCE EVIDENCE
RESPONDENT
PRESENT EVIDENCE
EXAMINATION OF
WITNESS BASED ON
EVIDENCE PRESENTED
CLARIFICATORY
QUESTIONS MAY BE
ALLOWED IF
REQUESTED
IOBC
DEFINIE AND
SIMPLIFY ISSUES
ENTER INTO
ADMISSIONS/STIP
ULATION OF
FACTS
LIMIT THE NO. OF
WITNESSES
SCHEDULE
HEARING
MARKING OF
EVIDENCE
THRESHING OUT
MATTERS
SUMMARY
HEARING MAY
BE DISPENSED
W/ INSTEAD
MEMO OR
POSITION
PAPER BE
SUBMITTED
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IOBC
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Question
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Answer
Proceedings against a public officer or
employee for misconduct, malfeasance cannot
be withdrawn at any time by the complainants
and should not be made to depend on their
whims and caprices since the complainants are,
in real sense, only witnesses. (Florendo vs.
Enrile, 239 SCRA 22 [1994])
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Classification of Offenses
A. LIGHT OFFENSES:
1. Simple Neglect of Duty
2. Simple Irregularity in the Performance of Duty
3. Slight or Simple Misconduct
B. LESS GRAVE OFFENSES:
1. Less Grave Neglect of Duty
2. Less Grave Irregularities in the Performance of
Duties
3. Less Grave Misconduct
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Classification of Offenses
C. GRAVE OFFENSES:
1. Serious Neglect of Duty
2. Serious Irregularities in the Performance of Duties
3. Grave Misconduct
4. Oppression
5. Gross Incompetence
6. Disloyalty to the Government
7. Dishonesty
IOBC
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Imposable Penalties
The following are the penalties that may be imposed in
police administrative cases:
a. Withholding of privileges
b. Restriction of specified limits
c. Restrictive custody
d. Forfeiture of salary
e. Suspension
f. Any combination of penalties (a to e)
g. One (1) rank demotion
h. Dismissal from the service
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Range of Penalties
IOBC
RANGE
1 day to 10 days
PERIOD
Minimum
-do-
11 days to 20 days
Medium
-do-
Range of Penalties
RANGE
31 day to 40 days
PERIOD
Minimum
-do-
41 days to 50 days
Medium
-do-
51 days to 69 days
Maximum
IOBC
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Range of Penalties
IOBC
PERIOD
Minimum
Medium
Maximum
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Qualifying Circumstances
Mitigating Circumstances:
1. Illness
2. Good Faith
3. Length Of Service In The Government
4. Awards And Commendations
5. Analogous Circumstances
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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;
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Aggravating Circumstances
6. Employment of fraudulent means to commit or
conceal the offense;
7. Intoxication;
8. Being a recidivist
9. Offense committed in consideration of a price
or reward;
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Aggravating Circumstances
10. Victim is a minor, feeble minded, or physically
disabled;
11. Offense is committed in cooperation with two (2)
or more persons;
12. Utilizing minor in the commission of the
offense; and
13. Analogous circumstances
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Guidelines in the
Application of Penalties
a.
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Guidelines in the
Application of Penalties
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Guidelines in the
Application of Penalties
rule (d) shall be applied when there are more
aggravating circumstances
f. If the respondent is found guilty of 2 or more
charges or counts, the penalty to be imposed
should be that corresponding to the most serious
charge or count and the rest shall be considered
as aggravating circumstances.
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Guidelines in the
Application of Penalties
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Administrative Remedies
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B. Appeal
How taken:
1. By filing a notice of appeal with the deciding authority
within 10 days from receipt of a copy of decision.
2. Submit Memorandum of Appeal in 3 copies NLT 15 days
from filing a notice of appeal.
*Failure to comply with 1 and 2 shall be sufficient ground for the
dismissal of the appeal.
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Question
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Answer
Being a mere witness for the government,
complainant cannot appeal the decision rendered,
the right to appeal being limited by existing
jurisprudence to the respondent or to the CSC, the
persons considered as parties adversely affected
by the decision. (NAB vs. Mamauag, et al., G.R.
No. 149999, August 12, 2005).
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Question
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Answer
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Appellate Bodies
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Appellate Bodies
1. Regional Appellate Board
c. Disciplinary recommendations of the
Regional IAS which were not acted upon by the
PNP RD or equivalent supervisor within 30 days
from submission by the Regional IAS, where
the recommended penalty is demotion or
dismissal from the service .
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Appellate Bodies
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Appellate Bodies
3. Appellate Jurisdiction Of SILG
Decisions of the NAB and RAB
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QUESTIONS???
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Summary
In this lesson, we learned the following:
A Police Officer A Man in Uniform
References Governing PNP Administrative
Disciplinary System
PNP Disciplinary Law and Order general provisions
Jurisdiction of Cases
Procedures to be observed at the NHQ, Regional
and NSU level regarding citizens complaint
IOBC
78
Summary
Summary dismissal powers of the
NAPOLCOM,
Chief, PNP and the Regional Directors
Commencement of a complaint
Pre-charge evaluation procedure
Summary hearing procedure
Offenses punishable and the imposable penalties
Different administrative remedies
IOBC
79