THE PNP DISCIPLINARY SYSTEM

Complaint
- A verbal or written expression of the feelings of dissatisfaction
Administrative Offenses Covered by the Disciplinary System (NIMIODD)
1. Neglect of duty/nonfeasance
2. Irregularity in the performance of duty/misfeasance
3. Misconduct/malfeasance
4. Incompetence
5. Oppression
6. Dishonesty
7. Disloyalty to the government

OFFENSES SUBJECTED TO POLICE ADMINISTRATIVE DISCIPLINARY SYSTEM

1. Citizen’s Complaints
- A formal charge initiated by a natural or juridical person
*Disciplinary Authorities on Citizen’s Complaint
 Chief of Police, withholding of privileges, restriction to specified limits,
suspension of forfeiture of salary, or any combination thereof, for a
period of not exceeding 15 days;
 Mayors of Cities and municipalities, “ for less then 16 days but not
exceeding 30 days;
 People’s law enforcement board, “ exceeding for 30 days; or by
dismissal

2. Breach of internal discipline

- Any offense committed by a member of the PNP involving minor offense
*Disciplinary Authorities on Breach of Internal Discipline
 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 15 days;
 Provincial directors, “ + restricted custody; not exceed for 30 days
 Police regional directors, “ + demotion; not exceed for 60 days
 The Chief of the PNP, “; 180 days

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:
 Simple misconduct or negligence;
  Insubordination;
 Frequent absences and tardiness;
 Habitual drunkenness; and
 Gambling prohibited by law

3. Summary Dismissal Cases

- With or without notice
*With due notice and summary hearing
 When the charge is serious, and evidence of guilt is strong
 When the respondent police is a recidivist or has been repeatedly
charged, and there are reasonable grounds to believe that he is guilty
of the charges
 When the respondent police officer is guilty of a serious offense
involving conduct unbecoming of a police officer
*Immediate Dismissal
 When a police officer goes on the absence without official leave
(AWOL) for a continuous period of 30 days or more
*Disciplining Authorities on Summary Dismissal Cases
 National Police Commission (NAPOLCOM)
 PNP Chief
 PNP Regional Directors
*Disciplinary Appellate Board
 Regional Appellate Board (RAB) and the National Appellate Board (NAB)
of the NAPOLCOM
 Secretary of DILG
 Civil Service Commission

REGIONAL APPELLATE BOARD (RAB)

Composition of RAB
1. Senior officer of the NAPOLCOM Regional Office – Chairperson
2. One representative from PNP – member (term of 3 years)
3. Regional peace and order council – member (term of 3 years)

Cases Appealable to the RAB

1. Decisions from the PLEB where the penalty is demotion or dismissal from
the service;
 2. Decisions of the PNP regional director or equivalent supervisor, where the
penalty imposed is demotion or dismissal from the service;
3. Decisions of city and municipal mayors in cases falling with their respective
jurisdictions; and
4. Disciplinary recommendations of the regional IAS were not acted upon by the
PNP Regional director or equivalent supervisor within 30 days from
submission by the Regional IAS, where the recommended penalty is
demotion or dismissal from the service.

Effect of the Failure of RAB to decide on Appeal Cases within the

Reglementary Period of 60 days
1. The decision of the disciplinary authority shall become final without prejudice
to the filing of an appeal by the party adversely affected to the SILG;
2. The RAB concerned shall automatically make a written explanation to the
NAPOLCOM en Banc on its failure to do so; and
3. The NAPOLCOM en Banc shall order the conduct of investigation against the
RAB chair and PNP representative concerned if it appears from the
explanation that evident neglect of duty was committed.

NATIONAL APPELATE BOARD (NAB)

Composition of NAB
1. Vice-chairperson and executive officer – chairperson
2. Four regular commissioners

Cases Appealable to the NAB

1. Decisions of the Chief PNP where the penalty imposed is demotion and
dismissal from the service;
2. Disciplinary recommendations of the Inspector General if IAS that were not
acted upon by the Chief PNP within 30 days from the submission by the
Inspector General of IAS where recommended penalty is demotion or
dismissal; and
3. The decision of the Inspector General of IAS affirming the resolution of the
Regional IAS, dismissing the complaint about lack of probable case.

Cases Appealable to the Secretary of DILG

1. Decisions of the NAB and the RAB
Cases Appealable to the CSC
1. Decisions of the Secretary of DILG in the exercise of its appellate jurisdiction
2. Decisions of the NAPOLCOM en Banc as summary authority.

Presentive Suspension
 When: Upon motion of the complainant, at any time after a case is formally
filed but before the presentation of complainant’s evidence is terminated.
 Period: not exceeding 90 days

Grounds/Circumstances
1. Presentive Suspension by the Disciplinary Authority
 The charge is grave and the evidence of guilt is strong; or
 Evidence shows that the respondent exerts efforts to harass,
intimidate, coerce or unduly influence the complainant or his/her
witnesses into withdrawing his complaint or retracting his sworn
statement or that of his witness against the respondent, or tampering
with the evidence.
2. Presentative suspension upon request by the PLEB
 The respondent refuses to heed the PLEB’s summons or subpoena
 The PNP personnel has been charged with offenses involving bodily
harm or grave threats
 The respondent is in a position to tamper with the evidence
 The respondent is in a position to unduly influence witness

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.

PEOPLE’S LAW ENFORCEMENT BOARD AND THE INTERNAL AFFAIRS

SERVICE

Creation and Functions of PLEB

Within thirty (30) days from the issuance of the implementing rules and regulations
by the Commission, there shall be created by the Sangguniang panglungsod/bayan
in every city and municipality such number of People’s Law Enforcement Boards
(PLEB) as may be necessary: provided, that there shall be at least one (1) PLEB for
every municipality and for each of the legislative districts in a city. The PLEB shall
have jurisdiction to hear and decide citizen’s complaints or cases filed before it
against erring officers and members of the PNP. There shall be at least one (1) PLEB
for every five hundred (500) city or municipal police personnel.

Composition and Term of Office

The PLEB shall be composed of the following:
 Any member of the Sangguniang panlungsod/bayan chosen by his respective
sanggunian;
 Any barangay captain of the city or municipality concerned chosen by the
association of barangay captains; and
 Three (3) other members who shall be chosen by the peace and order council
from among the respected members of the community known for their
probity and integrity, one (1) of whom respected members of the Bar or, in
the absence thereof, a college graduate, or principal of the central
elementary school in the localilty.
NOTE: The Chairman of the PLEB shall be elected from among its members. The
tern of the office of the members of the PLEB shall be for a period of two (2) years
from assumption of office. Such member shall hold office until successor shall have
been chosen and qualified.

Compensation
Membership in the PLEB is a civic duty. However, PLEB members may be paid
per diem as may be determined by the city or municipal council from the city or
municipal funds.

Procedure in PLEB
 The PLEB, by a majority vote of all its members and its Chairman shall
determine whether or not the respondent officer or member of the PNP is
guilty of the charge upon which the complaint is based.
 Each case shall be decided within 60 days from the time the case has been
filed with the PLEB.
 The procedures in the PLEB shall be summary in nature, conducted in
accordance with due process, but without strict regard to technical rules of
evidence.
 The Commission shall issue the necessary implementing guidelines and
procedure to be adopted by the PLEB, including graduated penalties which
may be imposed by the PLEB.
 The Commission my assign the present NAPOLCOM hearing officers to act as
legal consultants of PLEB’s and provide, whenever necessary, legal services,
assistance and advise to the PLEB’s in hearing and deciding cases against
 officers and members of the PNP, especially those involving difficult questions
of law: provided, that these lawyers may also be assigned to investigate
claims for death and disability benefits of PNP members of their heirs.
Decisions
The decision of the PLEB shall become final and executory: Provided, that a
decision involving demotion or dismissal from the service may be appealed by
either party with the regional appellate board within 10 days from receipt of the
copy of the decision.

Creations, Powers, and Functions of IAS

An Internal Affairs Service (IAS) of the PNP is hereby created which shall:
 Pro-actively conduct inspections and audits on PNP personnel and units;
 Investigate complaints and gather evidence in support of an open
investigation;
 Conduct summary hearing on PNP members facing administrative charges;
 Submit a periodic report on the assessment, analysis, and evaluation of the
character and behavior of PNP personnel and units of the Chief PNP and the
Commission;
 File appropriate criminal cases against PNP members before the court as
evidence warrants and assist in the prosecution of the case;
 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:
 Incidents where police personnel discharge a firearm;
 Incidents where death, serious physical injury, or any violation of human
rights occurred in the conduct of a police operation;
 Incidents where evidence was compromised, tampered with, obliterated, or
lost while in the custody of police personnel;
 Incidents where a suspect in the custody of the police was seriously injured;
and
 Incidents where the established rules of engagement have been violated

Finally, the IAS shall provide documents or recommendations as regards to the

promotion of the members of the PNP or the assignment of the PNP personnel to
any key position.

Organization of IAS
  National Office – headed by Inspector General to be assisted by Deputy
Inspector General
 Area/Regional Offices – headed by a director
 Provincial Offices – headed by a superintendent

Appointment in IAS
The Inspector General shall be appointed by the President upon the
recommendation of the Director General and duly endorsed by the Commission.
Appointments of personnel who shall occupy various positions shall be made by the
Inspector and shall be based on an established career pattern and criteria to be
promulgated by the Commission.

Entry Qualifications to IAS

Entry to the Internal Affairs Service shall be voluntary and subject to rigid
screening where only PNP personnel who have at least 5 year-experience in law
enforcement and who have no derogatory service records shall be considered for
appointment: provided, that members of the Bar may enter the service laterally.

Initial Appointments to the National, Directorial, and Provincial Internal

Affairs Service Officers
Initial appointments of the heads of the officers in the Internal Affairs Service
shall be made by the President upon recommendation by the Commission.
Thereafter, appointments and promotions to the service shall follow the established
requirements and procedures.

Promotions
The Commission shall establish the promotion system within the IAS which
shall follow general principles of the promotion system in the PNP.

Prohibitions
Any personnel who join the IAS may not thereafter join any other unit of the
PNP. Neither shall any personnel of the IAS be allowed to sit in a committee
deliberating on the appointment, promotion, or assignment of any PNP personnel.

Disciplinary Recommendations of the IAS

  Any uniformed PNP personnel found guilty of any cases mentioned in Section
39 of this Act and any immediate superior or supervisor found negligent
under Section 48 shall be recommended automatically for dismissal or
demotion, as the case may be.
 Recommendations by the IAS for the imposition of disciplinary measures
against an erring PNP personnel, once final, cannot be revised, set-aside, or
unduly delayed by any disciplining authority without just cause. Any
disciplining authority who fails to act with abuse of discretion on the
recommendation of the IAS shall be made liable for gross neglect of duty. The
case erring disciplinary authority shall be submitted to the Director General
for proper disposition.

Appeals
Decisions rendered by the provincial inspectors shall be forwarded to the area
internal affairs office for review within 10 working days upon the receipt thereof.
Decisions of the area office may be appealed to the national office through the
Office of Inspector General. Decisions rendered by the National IAS shall be
appealed to the National Appellate Board or to the court as may be appropriate:
Provided, that the summary dismissal powers of the Director and Regional Directors
as provided in Section 42 of Republic Act No. 6975 shall remain valid: Provide,
further, that the existing jurisdiction over offenses as provided under Republic Act
No. 6975 shall not be affected.

Complaints Against the IAS

A complaint against any personnel or the Office of IAS shall be brought to the
Inspector General’s Office or to the Commission as may be appropriate.