INTERNAL DISCIPLINARYMACHINERY OF THE PNP “Discipline is the bridge between goals and accomplishments.” Jim Roth References 1. Pertinent Provisions of RA 6975, as amended by RA 8551 and further amended by RA 9708; 2. LOI Patnubay II and its IMPLAN on the Investigation and Prosecution Aspect References 3. NAPOLCOM Memorandum Circular No. 2007-001 Uniform Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police Conceptual Framework . as amended by 8551 and further amended by RA 9708 II.Organizational Chart Task Force Patnubay II . Administrative Disciplinary Machinery (Legal Basis) .Sequence of Presentation I. LOI PATNUBAY II .RA 6975. UNIFORM RULES OF ADMIN PROCEDURE PART 1 Administrative Disciplinary Authorities. Internal Affairs Service (IAS).Sequence of Presentation III. Appellate Bodies and their Respective Jurisdictions . UNIFORM RULES OF ADMIN PROCEDURE PART 2 Conduct of Formal Summary Hearing PART 3 Administrative Offenses and Penalties .Sequence of Presentation III. Internal Affairs Service (IAS).PART 1 Administrative Disciplinary Authorities. Appellate Bodies and their Respective Jurisdictions . PNP and PNP Regional Directors Internal Affairs Service . Chief.ORIGINAL JURISDICTION Citizen’s complaint Breach of internal discipline Summary dismissal powers of the NAPOLCOM. or any combination thereof. restrictive custody. suspension or forfeiture of salary. Disciplinary Authority (DA) Jurisdiction based on impossable penalty a) Chiefs of Police or Directors of City Police Offices total period not exceeding fifteen (15) days b) Mayors of Cities and Municipalities not less than 16 days but not exceeding 30 days c) People’s Law Enforcement Board period exceeding 30 days. demotion or by .Citizen’s Complaint Withholding of privileges. restriction to specified limits. that the jurisdiction of the summary dismissal authorities shall not . Provided. who are not assigned in the municipal station or city police office/station or in areas where no PLEB is organized where offense was committed.Citizen’s Complaint Disciplinary Authority (DA) d) Provincial or Regional Internal Affairs Service (IAS) Jurisdiction All other citizen’s complaints against PNP members. Breach of internal discipline admonition. or any combination Disciplinary Authority (DA) Jurisdiction based on impossable penalty a) Chiefs of Police or Directors of City Police Offices total period not exceeding fifteen (15) days b) Provincial Directors or Equivalent Supervisors total period not exceeding thirty (30) days c) Regional Directors or total period shall not . withholding of privileges. suspension or forfeiture of salary. restriction to specified limits. reprimand. demotion.Breach of internal discipline Disciplinary Authority (DA) d) Chief of the PNP Jurisdiction based on impossable penalty dismissal from the service. suspension or forfeiture of salary or combination thereof for a period not exceeding one hundred eighty days (180) days. The C. .PNP has the authority to place police personnel under restrictive custody during the pendency of a grave administrative or criminal case against him. . c) Conduct summary hearing on PNP members facing administrative charges. b) Investigate complaints and other evidence in support of open investigation.Internal Affairs Service Powers and Functions: a) Proactively conduct inspection and audits on PNP personnel and units. PNP and the NAPOLCOM. e) File appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case. analysis and evaluation of the character and behaviour of PNP personnel and units to the C.Internal Affairs Service Powers and Functions: d) Submit periodic report on the assessment. and . Internal Affairs Service Powers and Functions: f) Provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP. . Internal Affairs Service Jurisdiction – The IAS shall conduct motu proprio investigation on the following cases or/ incidents where: a) police personnel discharges a firearm. . serious physical injury. or any violation of human rights occurred in the conduct of police operation. b) death. or lost while in custody of police personnel. tampered with. obliterated. and established rules of engagement have been violated.Internal Affairs Service c) d) e) Jurisdiction – evidence was compromised. a suspect is in custody of the police was seriously injured. . C.PNP and PNP Regional Directors a) b) Summary Dismissal Case Charge is serious and evidence of guilt is strong.Summary Dismissal Powers of the NAPOLCOM. Respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charge . PNP and PNP Regional Directors c) Summary Dismissal Case Respondent is guilty of serious offense involving conduct unbecoming of a police officer. C. and .Summary Dismissal Powers of the NAPOLCOM. PNP and PNP Regional Directors d) Summary Dismissal Case When any member or officer has been absent for a continuous period of 30 calendar days or more: Provided.Summary Dismissal Powers of the NAPOLCOM. he/she can no longer be charged for Serious Neglect of Duty arising from absence without leave (AWOL) and vice-versa. that where dropping from the rolls (DFR) as a mode of separation from the service. C. . and c) The NAPOLCOM En Banc .PNP and PNP Regional Directors Where to file? a) PNP Regional Directors b) Chief of the PNP.Summary Dismissal Powers of the NAPOLCOM. C. Appellate Jurisdiction Regional Appellate Board (RAB) National Appellate Board (NAB) Appellate Jurisdiction of the Secretary of the Interior and Local Government (SILG) Appellate Jurisdiction of the Civil Service Commission *Refer to flow charts . PART 2 Conduct of Formal Summary Hearing . *Refer to flow chart . PART 3 Administrative Offenses and Penalties . Neglect of Duty or Nonfeasance – is the omission or refusal. to perform an act or duty. implies a duty as well as its breach and the fact can never be found in the absence of duty.Punishable Offenses 1. . without sufficient excuse. which it was the peace officer’s legal obligation to perform. .Punishable Offenses 2. Irregularities in the Performance of Duty or Misfeasance – is the improper performance of some act which might be lawfully done. where no discretion is left where necessity may demand. Misconduct or Malfeasance – is any wrongful. . it does not necessarily imply corruption or criminal intention.Punishable Offenses 3. It usually refers to transgression of some established and definite rule of action. improper or unlawful conduct motivated by premeditated. obstinate or intentional purpose. intellectual. Incompetence – is ignorance or the material lack of adequate ability and fitness for the satisfactory performance of police duties. This refers to any physical. psychological and moral quality. .Punishable Offenses 4. the lack of which substantially incapacitates a person to perform the duties of a police officer. or excessive use of authority. in depriving an individual of his property or liberty against his will. domination. is generally an act of oppression. Oppression – imports an act of cruelty. . unlawful.Punishable Offenses 5. The exercise of unlawful powers or other means. exaction. severity. Punishable Offenses 6. Dishonesty – is the concealment or distortion of truth in a matter of fact relevant to one’s office. or connected with the performance of his duties. . . through overt or covert acts. Disloyalty to the Government – consists of the abandonment or renunciation of one’s loyalty to the government of the Philippines. or advocating the overthrow of the government.Punishable Offenses 7. Classification of Offenses Light Offenses Less Grave Offenses Grave Offenses *(refer to your notes) . 1. 4.Imposable Penalties 1. 2. 8. One (1) rank demotion Dismissal from the service . 3. Suspension. Restriction to specified limits. Withholding of privileges. 5. Any combination of penalties under sec. Restrictive custody. Forfeiture of salary. 6. subparas a to e (refer to your notes) 7. restriction to specified limits. or any combination thereof Minimum Period: 1 to 10 days Medium Period : 11 to 20 days Maximum Period: 21 to 30 days . restrictive custody.Range of Penalties FOR LIGHT OFFENSES Withholding of privileges. suspension or forfeiture of salary. or any combination thereof Minimum Period: 31 to 40 days Medium Period : 41 to 50 days Maximum Period: 51 to 59 days . suspension or forfeiture of salary. restriction to specified limits. restrictive custody.Range of Penalties FOR LESS GRAVE OFFENSES Withholding of privileges. Range of Penalties FOR GRAVE OFFENSES Minimum Period: 60 days to 6 months suspension Medium Period : One (1) rank demotion Maximum Period: Dismissal from the service . Limitations on Penalties Forfeiture of salary – amount shall not exceed equivalent of 1 month salary “Withholding of privileges” – shall be confined to deferment of vacation leave privileges. participation in training grants or programs and such other similar privileges normally enjoyed by civil service employees . awards and commendations. . 5.Mitigating Circumstances 1. length of service in government. and analogous circumstances. illness. good faith. 2. 3. 4. and use of government property in the commission of offense. repeatedly charged. . 2. 4. taking undue advantage of subordinate. 3.Aggravating Circumstances 1. taking advantage of official position. . being recidivist. 7.Aggravating Circumstances 5. employment of fraudulent means to commit or conceal the offense. offense is committed during office hours and/or within the premises of the government office or building. 6. 8. Intoxication. Offense committed in consideration of price or reward. 11. When the victim is minor. Utilizing minor in the commission of the offense. feeble minded or physically disabled. 10. 13. and analogous circumstances . 12. When offense is committed in cooperation with two (2) or more persons.Aggravating Circumstances 9. The minimum period =only mitigating.Guidelines in the Application of Penalties a) b) Like penalties shall be imposed for like offenses and only 1 penalty shall be imposed for each case. “Each case” means 1 admin case which may involve 1 or more charges or counts. no aggravating circumstances present. . only aggravating circumstances aggravating + mitigating = Rule (b) if more mitigating circumstances present.Guidelines in the Application of Penalties c) d) e) The medium period = no mitigating and no aggravating circumstances The maximum period = no mitigating. more aggravating circumstances = Rule (d) . aggravating offsets mitigating =Rule (c ) applies. penalty = that corresponding to more serious charge or count. rest shall be considered aggravating circumstances. otherwise it shall not be considered. . Mitigating and aggravating circumstances must be invoked or pleaded.Guidelines in the Application of Penalties f) g) If respondent is guilty of 2 or more charges or counts. Thank you for your attention! .