0% found this document useful (0 votes)
32 views191 pages

Police Conduct and Ethical Standards Guide

The document outlines the principles and standards of police doctrine, emphasizing the ethical conduct and professional standards expected from members of the Philippine National Police (PNP). It distinguishes between primary and secondary police doctrines, defines public and police services, and highlights the importance of community cooperation and accountability. Additionally, it details the PNP's core values, the police officer's creed, and the ethical standards that govern police conduct.

Uploaded by

radok2363
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
32 views191 pages

Police Conduct and Ethical Standards Guide

The document outlines the principles and standards of police doctrine, emphasizing the ethical conduct and professional standards expected from members of the Philippine National Police (PNP). It distinguishes between primary and secondary police doctrines, defines public and police services, and highlights the importance of community cooperation and accountability. Additionally, it details the PNP's core values, the police officer's creed, and the ethical standards that govern police conduct.

Uploaded by

radok2363
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

POLICE

PROFESSIONAL
CONDUCT AND
ETHICAL
STANDARDS
CHAPTER 1

INTRODUCTION
WHAT IS POLICE DOCTRINE?
- Generally speaking, Police Doctrine is defined
as an authoritative statement of principles
prescribing the proper acquisition, use and
employment of PNP human and material
resources to achieve plan objectives.
TYPES OF POLICE DOCTRINE

There are two types of Police doctrine


namely:
1. Primary Police doctrine and
2. Secondary Police doctrine.
PRIMARY POLICE DOCTRINE
a) Fundamental Police Doctrine
Fundamental Police doctrine refers to the
basic principle in planning, organization and
management of the Philippine National Police
in support of the overall pursuits of the vision,
mission, strategic action and plan attainment.
b) Operational Police Doctrine
Operational Police doctrine refers to the
principles and rules governing, the planning,
organizing, directing and employment of
PNP forces in the accomplishment of basic
security operational mission in the
maintenance of peace and order, crime
prevention and suppression, internal
security and public safety operation.
c) Functional Police Doctrine
Functional Police doctrine is a kind of
Police doctrine which provides guidelines for
specialized activities of the Philippine
National Police in the Broadfield of interest
such as personnel, intelligence, operations,
logistics planning, comptrollership,
community relations, investigation, research
and training.
SECONDARY POLICE
DOCTRINE
a) Complimentary Doctrine
This doctrine is formulated by
jointly by two or more bureaus in order
to effect a certain operation with
regards to public safety and peace and
order.
b) Ethical Doctrine
This doctrine defines the
fundamental principles governing the
rules of conduct, attitude and
behaviour of every police officer.
PRINCIPLES OF
PUBLIC SERVICE
ETHICS
PUBLIC SERVICE, DEFINED.
In general, a public service may be
defined as a service which is provided by
government to people living within its
jurisdiction, either directly (through the public
sector) or by financing private provision of
services. The term is associated with a social
consensus (usually expressed through
democratic elections) that certain services
Should be available to all, regardless of
income. Even where public services are
neither publicly provided nor publicly
financed, for social and political reasons
they are usually subject to regulation going
beyond that applying to most economic
sectors. Public service is also a course that
can be studied at a college and/ or
university.
POLICE SERVICE, DEFINED.
A Police service may be defined as a
body sanctioned by local, state, or national
government to enforce laws and
apprehend those who break them.
Public Servants treat their office as a
public trust, using power and resources for
public interest not to attain personal
benefit or private interest incompatible
with the public good.
DISTINCTION BETWEEN
POLICE FORCE AND
POLICE SERVICE
- A POLICE FORCE AND POLICE
SERVICE MAY BE DISTINGUISHED IN
THE FOLLOWING WAYS:
A Police SERVICE focuses more on a
pro-active/ preventative/intervention style
of policing… Police services do not just take
priority cues from the public they actively
involve them in helping to find their own
solutions. It is a cooperative style of Policing
which is fairly open.
The planned outcome of Conflict is
preferably resolution by peaceful means, if
at all possible. Even though several Police
Services routinely carry arms. This is not a
weak option but one of strength.
Whereas a Police FORCE model tends to
be more reactive, militaristic and
aggressive in its approach and response to
situations.
Police FORCES tend to maintain control
of the problem process and the solutions.
Although small organized groups of the
public may be called upon to assist in
identifying problems and setting
neighborhood area crime priorities.
It is noteworthy that a frequent goal of
this approach is an arrest and charge
outcome.
PRINCIPLES
GOVERNING
PUBLIC SERVICE
ETHICS
OBJECTIVE JUDGEMENT

Public servants use independent


objective judgement in performing their
duties, and decide all matters based on
merits.
ACCOUNTABILITY

A government is conducted openly,


efficiently, equitably and honorably that
permits the citizenry to make judgement
and old government officials accountable.
DEMOCRATIC LEADERSHIP

It is a fundamental principle that a


public servant is duty-bound to respect the
principles of representative democracy,
and as such, he must set a positive
example of good citizenship by
scrupulously observing the letter and spirit
of laws and rules.
RESPECTABILITY
A public servant is duty-bound to
safeguard public confidence and integrity of
government by being honest, fair, caring,
and respectful and by avoiding conduct
creating the appearance of impropriety or
which is otherwise unbefitting a public
official.
VALUES, DEFINED.

Values refers to the accepted principles


or standards of a preson or a group of
persons.
WHAT IS THE BASIS OF THE
POLICE ETHICAL DOCTRINE
The Police ethical Doctrine is based on
the principles that “All PNP members in the
performance of their duties shall fully abide
by the Ethical Doctrine.”
This Ethical Doctrine was culled from:
a) The PNP Code of Professional Conduct and
Ethical Standard (COPCES) which is
anchored on the divine and moral precepts,
b) The Constitution of the Republic of the
Philippines and,
c) Other relevant provisions of the Revised
Penal Code,
d) RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
Employees),
e) RA 3019 (Anti-Graft Practices Act),
f) R.A. 7080 – An Act Defining and
Penalizing the Crime of Plunder
g) P.D. 46 – Making it punishable for public
officials and employees to receive, and
for private persons to give gifts on any
occasions, including Christmas.
h) RA 6975 (DILG/PNP Law of 1991) and
other related special laws.
THE OATH OF COMMITMENT

The oath of commitment shall be done :


a)Upon entry into the PNP,
b)Upon promotion to the next higher
rank, and
c) Upon assumption of office/position.
PROFESSIONAL
POLICE
PRINCIPLES
THE FOLLOWING ARE THE
PROFESSIONAL POLICE PRINCIPLES:
1. Prevention of Crime and Disorder
The prevention of crime and disorder is
the fundamental reason of the Police
existence as an alternative to the repression
of crime and disorder by the police force and
severity of legal punishment.
2. Cooperation of the Community
PNP members secure the willingness and
cooperation of the community as well as the
voluntary observance of the law by the
community it serves.
3. Unreasonable Force Reduce Community
Cooperation
PNP members shall use reasonable force
only when necessary in the discharge of their
duty.
4. Use of Reasonable Force When
Persuasion Is Not Sufficient
PNP members shall use reasonable force
only when necessary in the discharge of their
duty.
5. Impartial Enforcement of Laws
Impartial enforcement of laws means
without regard to the justice and injustice of
the substance of particular laws.
6. The Community Are The Police
This affirms historic tradition that the
police are the community and the community is
the police.
7. Police Should Not Usurp Judicial Powers
This means that the Police is never
averaging individuals of the state of
authoritative judging guilt of punishing the
guilt.
8. Reduction of Crime and Disorder
This is a test of police efficiency
9. Rule of Enforcement Impartially Observed
This means that the Police considers the safety
and security of who might be caught in the crossfire
or arm encounters.
10. Police Discretion
This pertains to the principle of reasonableness
guides the officers considering all surrounding
circumstances whether any legal action shall be
taken.
CHAPTER 2

POLICE OFFICER’S
CREED AND STANDS
ON BASIC ISSUES
THE PNP CORE VALUES

It is noteworthy that the police service is


a noble profession which demands from its
members specialized knowledge and skills,
as well as high standards of ethics and
morality. As such, the members of the PNP
must adhere to and internalize the enduring
core values of:
a) Love of God,
b) Respect for authority
c) Selfless love and service for people,
d) Sanctity of marriage, and family life
e) Responsible dominion and stewardship over
material things, and
f) Truthfulness.
THE POLICE OFFICER’S CREED

The following are the Police Officer’s creed:


1.I believe in God, The Supreme Being,
The Great Provider, and The Creator
of all men and everything dear to me
In return, I can do no less than love Him
above all obeying His word, seek His guidance
in the performance of my sworn duties and
honor Him at all times.
2. I believe that respect for authority
is a duty.
I respect and uphold the Constitution, the
laws of the land and the applicable rules and
regulations. I recognize the legitimacy and
authority of the leadership, and obey legal orders
of my superior officers.
3. I believe in selfless love and service
to people.
Towards this end, I commit myself to the service
of my fellowmen over and above my personal
interest.
4. I believe in the sanctity of marriage
and family life.
I shall set the example of decency and morality,
shall have high regard for family life and value of
marital fidelity.
5. I believe in the responsible dominion
and stewardship over material things.
I shall inhibit myself from extravagance and
ostentatious display of material things. I shall
help protect the environment and conserve
nature to maintain ecological balance.
6. I believe in the wisdom of truthfulness
I must be trustworthy and I shall uphold
the truth at all times.
PNP STAND ON BASIC ISSUES

It is noteworthy that the deployment


and employment of PNP personnel require
the organization and its members to bare
their stand on the following basic issues:
a) PNP Image
The image of any organization affects
the esprit d’ corps, morale and welfare of
the members, and sense of pride to the
organization
As such, all members of the PNP shall
act in a manner that would reflect best on
the PNP and live by the PNP’s core values.
b) Career Management: the Key to
Professionalism
Proper implementation of the PNP’s Career
Management will greatly enhance the personnel
professionalization process with regards to:
a) Procurement,
b) Training,
c) Promotion,
d) Assignment,
e) Placement,
f) Awards, and
g) Retirement.
The PNP shall formulate a stringent policy
and strictly implement the human resources
development system, compatible to the
equitable distribution of procurement, fair
promotion, rationalized approach in
assignment, skill development, immediate
grant of reward and award, and decent living
upon retirement.
c) Police Management Leadership
The effectiveness of law enforcement is
reflective of the managerial capabilities and
competent leadership of the men and women
who run the PNP organization. These attributes
must therefore be one of the primary bases for
consideration in the selection of personnel for
employment and deployment purposes.
d) Equality In the Service
There shall be judicious and equitable
distribution of opportunity to proves one’s worth
in the police service. The problem on inequity
thru class orientation and factionalism, both real
and perceived, premised training, unfair
granting of promotion, and untimely awarding of
achievements, any of these would create an
atmosphere of demoralization. The result is
inefficiency and lack of teamwork to the
detriment of the PNP organization.
e) Delicadeza
In consonance with the requirements of
honor and in the PNP, all members must have
the moral courage to sacrifice self-interest in
keeping with the time-honored principle of
delicadeza.
WHAT IS DELICADEZA?
Delicadeza means being aware of proper decorum and
ways of behaving. But as Confucius said, it is a virtue that
should come from inside of every individual. Thus, our
true path should be the path of wisdom.
f) Political Lifestyle
The PNP shall promote and maintain a
lifestyle for its members which the public will find
credible and respectable. The public expects a
police officer to live a simple and dignified life.
They must be free from greed corruption and
exploitation.
g) Political Patronage
PNP members shall inhibit themselves form
soliciting political patronage on matters pertaining
to assignment, award,, training and promotion.
h) Setting Example
All PNP members shall set good example to their subordinates, as such, they should follow
good example form the superiors.
CHAPTER 3

PROFESSIONAL
CONDUCT AND ETHICAL
STANDARDS
CODE OF PROFESSIONAL CONDUCT
AND ETHICAL STANDARD (RA 6713)
Philippine National Police Code of Professional
Conduct and Ethical Standard (also known as PNP Code
of Conduct)
ETHICAL, DEFINED.

Ethical may be defined as a condition in


accordance with right principles, as defined
by a give system of ethics or professional
conduct.
STANDARD OF POLICE
PROFESSIONALISM
Standard of Police Professionalism means
that the PNP members shall perform their
duties:
a) Intergrity,
b) Intelligence and
c) Competence

In the application of specialized skills and


technical knowledge with excellence and
expertise.
POLICE PROFESSIONAL
CONDUCT
The following are the Police Professional conducts:
a) Commitment to Democracy
Uniformed PNP members shall commit
themselves to the democratic way of life and values
and maintain the principle of public accountability.
They shall at all times uphold the Constitution and be
loyal to our country, people and organization, above
their loyalty to any person.
b) Commitment to Public Interest
PNP members shall always uphold public
interest over and above personal interest. All
government properties, resources and powers
of their respective offices must be employed
and used effectively, honestly and efficiently,
particularly to avoid wastage of public funds
and revenues. PNP members must avoid and
prevent the “malversation” of human resources,
government time, property and funds.
c) Non-Partisanship
PNP members shall provide services to
everyone without discrimination regardless of
party or political affiliation in accordance with
existing laws and regulations.
d) Physical Fitness and Health
PNP members shall strive to be physically
and mentally fit and in good health at all times.
As such, they shall undergo regular physical
exercises and annual medical examination in
any PNP Hospital or Medical facility, and shall
actively participate in the Physical Fitness and
Sports Development Program of the Philippine
National Police.
e) Secrecy Discipline
PNP members shall guard the confidentiality
of classified information against unauthorized
disclosure, including confidential aspects of
official business, special orders, communications
and other documents roster or any portion
thereof, contents of criminal records, identities
of persons who may have given information to
the police in confidence and other classified
information or intelligence material.
f) Social Awareness
PNP members and their immediate
family members shall be encouraged to
actively get involved in religious, social and
civic activities to enhance the image of the
organization without affecting their official
duties.
g) Non- Solicitation of Patronage
PNP members shall seek self-improvement
through career development and shall not directly or
indirectly solicit influence or recommendation from
politicians, high ranking government officials
prominent citizens, persons affiliated with the civic
or religious organizations with regards to their
assignments, promotions, transfer or those of other
members of the force, nor shall they initiate any
petition to be prepared and presented by citizens in
their behalf.
h) Proper Care and Use of Public Property
PNP members shall promote and maintain sense
of responsibility in the protection, proper care and
judicious disposition and use of public property issued
for their official use or entrusted to their care and
custody just like “ a good father of their family”.
i) Respect for Human Rights
In the performance of duty, PNP members shall
respect and protect human dignity and uphold the human
rights of all person. No member shall inflict, instigate or
tolerate extra-judicial killings, arbitrary arrests, any act of
torture or other cruel, inhuman or degrading treatment or
punishment and shall not invoke superior orders or
exceptional circumstances such as a state of war, a threat
to national security, internal political instability or any
public emergency as a justification for committing such
human rights violations.
j) Devotion to Duty
PNP members shall perform their duties with
dedication thoroughness, efficiency enthusiasm,
determination, and manifest concern for public welfare,
and shall refrain from engaging their duties as public.
k) Conservation of Natural Resources
PNP members shall help in the development and
conservation of our natural resources for ecological
balance and posterity as these are the inalienable
heritage of our people.
l) Discipline
PNP members shall conduct themselves properly
at all times in keeping with the rules and regulations of
the organization.
m) Loyalty
PNP members shall be loyal to the Constitution and
the police service as manifested by their loyalty to
their superiors peers and subordinates as well.
n) Obedience to Superiors
PNP members shall obey lawful orders of and be
courteous to superior officers and other appropriate
authorities within the chain of command. They shall
readily accept whenever they are assigned anywhere
in the country. Therefore, it is prohibition for any
personnel to petition in court or in any public forum his
assignment.
o) Command Responsibility
In accordance with the Doctrine on Command
Responsibility, immediate Commanders/ Directors
shall be responsible for the effective supervision,
control and direction of their personnel and shall see
to it that all government resources shall be managed,
expended or utilized in accordance with laws and
regulations and safeguard against losses thru illegal
or improper disposition.
THE ETHICAL STANDARDS

Ethical standards, defined.


Ethical standards shall refer to established
and generally accepted moral values.
The following are the Ethical acts to be
observed by every PNP member:
a) Morality
PNP members shall adhere to high standards of
morality and decency and shall set good examples for
others to follow. In no instance during their terms of
officem among other things, shall they be involved as
owners, operators, managers or investors in any house of
ill-repute or illegal gambling den or other places devoted
to vices, nor they shall patronize such places unless on
official duty, and tolerate operations of such
establishments in their respective areas of responsibilities.
They shall be faithful to their lawfully wedded spouses.
b) Judicious Use of Authority
PNP members shall exercise proper and
legitimate use of authority in the performance of duty.
c) Integrity
PNP members shall not allow themselves to be
victims of corruption and dishonest practices in
accordance with the provisions of RA 6713 and other
applicable laws.
d) Justice
Every PNP member shall strive constantly to
respect the rights of others so that he/she can fulfill
his/her duty and exercises his/her rights as human
being, parent, child, citizen, worker, leader, or in
other capacity and to see to it that others do
likewise.
e) Humility
All PNP members shall recognize the fact that they
are public servants and not the masters of the people,
as such, they should perform their duties without
attracting attention or expecting the applause of others.
f) Orderliness
Orderliness means that PNP members shall follow
original procedures in accomplishing tasks assigned to
them to minimize waste in the use of time, money and
effort.
g) Perseverance
To be considered perseverance, if once a decision
is made, PNP members shall take legitimate means to
achieve the goal even in the face of internal or
external difficulties, and despite anything which
might weaken their resolve in the course of time.
CHAPTER 4

POLICE CUSTOMS
Police customs, defined.
Police customs may be defined as established
usage or social practices carried on by tradition that
have obtained the force of law.
Police customs on Courtesy
The following are customs on courtesy in the PNP:
1. Salute
Salute is the usual greetings rendered by
uniformed members upon meeting and recognizing
person entitled to a salute.
2. Salute to National Color and Standard
Members stand at attention and salute the national
color and standard as these pass by them or when the
national color is raised or lowered during ceremonies.
3. Address/Title
Junior in rank address senior members who are
entitled to salute with the word “Sir” or Ma’am”. All Police
Commissioned Officers shall be addressed sir or ma’am by
Police Non-Commissioned Officers and Non-Uniformed
Personnel.
4. Courtesy Calls
The following are the customs on courtesy
calls:
1. Courtesy Call of Newly Assigned/
Appointed Member –
PNP members who are newly appointed or
assigned in a unit or command call on the chief of the
unit or command and other key personnel as a matter
of courtesy, as well as for accounting, orientation and
other purposes.
2. Christmas call
PNP members pay a Christmas Call on their local
executives int their respective areas of responsibility.
3. New Year’s Call
PNP members pay a New Year’s call on their
commanders and / or key officials in their respective areas
of responsibility.
4. Promotion Call
Newly promoted PNP members call on their unit head.
On this occasion, they are usually given due recognition and
congratulations by their peers for such deserved
accomplishment.
5. Exit Call
PNP members pay an Exit Call on their
superiors in the unit or command when relieved or
reassigned out of the said unit or command.
6. Courtesy of the Post
The host unit extend hospitality to visiting
personnel who pay respect to the command or unit.
7. Rank Has –Its- Own Privilege (RHIP)
PNP members recognize the practice that
different ranks carry with them corresponding
privileges.
What are the Police Customs on Ceremonies?
The following are the Police Customs on Ceremonies:

1. Flag Raising Ceremony


PNP members honor the flag by hoisting it and singing the
National Anthem before the start of the official day’s work.

2. Flag Lowering Ceremony


At the end of the official day’s work, the PNP members pause for
a moment to salute lowering the of the flag.
4. Funeral Service and Honors
Departed uniformed members, retirees, war
veterans or former PC/INP members are give vigil,
necrological services and graveside honors as a gesture
of farewell.
5. Ceremony Tendered to Retirees
In recognition of their long, faithful and honorable
service to the PNP, a testimonial activity shall be
tendered in their honor.
7. Turnover Ceremony
The relinquishment and assumption of command
or key position is publicly announced in a Turnover
Ceremony by the outgoing and incoming officers in the
presence of the immediate superior or his
representative.
Outgoing Commander/Director should not leave his
post without proper turnover. Turn-over includes
turnover of properties/equipment, human and material
resources.
8. Wedding Ceremony
During marriage of PNP members, a ceremony is
conducted with participants in uniform and swords drawn.
9. Anniversary
The birth or institutional establishment of a command
or unit is commemorated in an Anniversary Ceremony.
10. Proper Attire
PNP members always wear appropriate and proper
attire in conformity with the occasion.
Table Manners
PNP members observe table etiquette at all
times.
Social Graces:
PNP members conduct themselves properly in
dealing with people during social functions.
Uniform/Appearance:
The public looks upon a PNP member as distinctively a
man among men. It is a welcome sight when PNP members
wear their uniform properly wherever they may be. Bulging
stomach is a taboo in the uniformed service. Since disciplined
PNP members are best exemplified by those who are neat in
appearance and wearing the prescribed uniform, the must
therefore observe the following
1. Wearing of prescribed uniform.
2. Adherence to haircut prescribed by rules and
regulations.
Manner of Walking:
Every PNP Member is expected to walk with pride
and dignity.

Other Police Customs:


Visiting the Sick
Immediate commanders or other available
officers of the unit visit PNP members who are sick in the
hospital, their residence or any place of confinement in
order that their needs are attented to.
Survivor Assistance of Heir of Deceased
Members
A survivor officer is designated whenever PNP members
die, to render maximum assistance to their bereaved family
until all benefits due shall have been received.
Visiting the Religious Leaders
PNP Officers visit religious leaders in their areas of
assignment to establish or maintain rapport and cooperation
between the different religious leaders and the PNP.
Athletics
PNP members indulge in physical fitness activities to
insure that their proper physical appearance and bearing
are smaller than the size of his chest and in conformity
with the standard set forth by the organization.

Happy Hours
Usually on Friday or any other day suitable for the
occasion, PNP members gather together at their PNP club
for a light hearted jesting or airing of minor gripes.
CHAPTER 5

POLICE TRADITIONS
What are Traditions?
Traditions are bodies of beliefs, stories, customs
and usages handed down from generation to
generation with the effect of an unwritten law.

Police Traditions
The following are police traditions:
Spiritual Beliefs
PNP members are traditionally religious and God-loving
person. As such, they attend religious services together
with the members of their family.
Valor
It is worthy to note that history attests that the Filipino
law enforcers have exemplified the tradition of valor in
defending the country from aggression and oppression
protecting/preserving the life and property of the people.
They Sacrificed their lives and limbs for the sake of their
countrymen whom they have pledged to serve.
Patriotism
The PNP members are traditionally patriotic by
nature. They manifest their love of country with a pledge
of allegiance to the flag and a vow to defend the
constitution.
Discipline
The discipline of the PNP members is manifested by
instinctive obedience to lawful orders and thorough and
spontaneous actions towards attainment of organizational
objectives guided by moral, ethical and legal norms.
Gentlemanliness
PNP members are upright in character, gentle in manners,
dignified in appearance, and sincere in their concern to
fellowmen.
Word of Honor
PNP member’s word is their bond. They stand by and
commit to uphold it.
Duty
PNP members have historically exemplified themselves as
dedicated public servants who perform their tasks with a deep
sense of responsibility and self-sacrifice. They shall readily
accept assignment anywhere in the country.
Loyalty
PNP members are traditionally loyal to the
organization, country and people as borne by history and
practice.
Camaraderie
The binding spirit that enhances teamwork and
cooperation in the police organization, extending to the
people they serve., in manifested by the PNP members
deep commitment and concern for one another.
CHAPTER 6
POLICE OFFICERS PLEDGE
(POP) PRINCIPLES AND
CONDUCT OF LAW
ENFORCEMENT OFFICIALS
The Police Officer’s Pledge
The following are the Police Officer’s pledge:
1. I will love and serve God, my country and people;
2. I will uphold the Constitution and obey legal orders
of the duly constituted authorities;
3. I will oblige myself to maintain a high standard of
morality and professionalism;
4. I will respect the customs and traditions of the
police service; and
5. I will live a decent and virtuous life to serve as an
Forum to Recite
It is noteworthy that the Police Officer’s Pledge should
be recited during the following occasions:
1. Flag raising and flag retreat ceremonies, jointly with
the Pledge of Allegiance to the Flag (Panunumpa sa
Watawat ng Pilipinas)
2. PNP Training/course opening and closing ceremonies.
3. Seminars on moral values internalization
4. Other Ceremonies
Fundamental Principles
The rigid application of fundamental principles in police work is
necessary to avoid human rights violation and maintain respect of
the profession. Hence, PNP members have the following
responsibilities:

1. To prevent and control crime, disorder and oppression by


influential/political groups, abusive soldiers and policemen,
tyrannical policemen and decadent society.
2. To recognize that the fulfillment of its functions is dependent
upon community approval of its existence, and on its ability to
obtain and maintain responsive support and participative
cooperation.
3. To recognize that in order to secure and maintain the approval,
support and cooperation of the public, it has a collateral
responsibility of securing the willing assistance of the public in the
task of securing observance.
4. To recognize that when the community cooperates and assists the
police, it diminishes proportionately the need for the use of physical
force and compulsion in achieving law enforcement objectives.
5. To seek and preserve public favor, not by soliciting public opinion,
but by constant demonstration of impartiality by ready offering of
individual service and congeniality to all members of the community
without regards to their wealth, friendship, social standing and race;
and by ready offering of individual sacrifice and to some extent the
sacrifice of relatives
6. To use physical force only when the exercise of persuasion,
advice and warning is found to be insufficient in the pursuit of
law observance or to restore order, and shall resort only to the
minimum degree of physical force necessary on any particular
occasion in achieving law enforcement objectives.
7. To constantly maintain wholesome relationship with the
community that gives reality to the historic tradition that the
police is the people and the people is the police; police officers
are members of the community who are paid to render public
safety services due upon every citizen, endearing the principle
that a public office is a public trust.
8. To recognize the need for strict adherence to the law refrain
from usurping the powers and authority of the judiciary in
avenging individuals, judging guilt and punishing guilty.
9. To recognize that the test of police efficiency is the absence
of crime and disorder, not the visible evidence of law
enforcement action in dealing crime and disorder; enshrine the
principle that crime prevention is better than crime solution;
measure is better countermeasure.
10. To recognize that the test of law enforcement integrity is
the presence of personal moral responsibility exemplified by
virtuous behavior and non compromising law enforcement
officer.
11. To recognize that the achievement of a professional service
depends principally upon the constant development of police
education and training, research and planning and exercise.
12. To recognize that the stability of the republic, the continuity
of sovereignty and strength of democracy depend upon a
police organization that is constantly aware of the sensitive
balance between individual freedom and collective security;
ever alert to the dangers of extra legal or immoral procedures;
and never compromise principle in favor of evil means to
attain the good ends.
13. To recognize the ever magnificient principle: Love God,
honor the government and respect the people.
14. To recognize that “the people is the peace maker, the
police is the peace keeper and the local government is the
peace preserver.” If he goes beyond and above his role, he
must observe the three (3) C’s in internal and external
relations consul, coordinate and cooperate.
CHAPTER 7
The adoption of the Code of Conduct for
Law Enforcement Officials.

The code of conduct for Law Enforcement Officials


was adopted by United Nations General Assembly
Resolution 34/169 of 17 December 1979.
a. Law enforcement officials shall at all times fulfill the
duty imposed upon them by law by serving the
community and protecting all person against illegal
acts, consistent with the high degree of responsibility
required by their profession.
b. In the performance of their duty, law enforcement
officials shall respect and protect human dignity and
maintain and uphold the human rights of all persons.
c. Law enforcement officials may use force only when
strictly necessary and to extent required for the
performance of their duty.
d. Matters of a confidential nature in the possession of law
enforcement officials shall be kept confidential, unless the
performance of duty or the needs of justice strictly require
otherwise.
e. No law enforcement official may inflict, instigate or
tolerate any act of torture or other cruelty, inhuman or
degrading treatment or punishment, nor may any law
enforcement official invoke superior order or exceptional
circumstances such as a state war, a threat to national
security, internal political instability or any other public
emergency as a justification of torture or other cruel,
inhuman or degrading treatment or punishment.
f. Law enforcement officials shall ensure the full
protection of the health of persons in their custody
and, in particular, shall take immediate action to
secure medical attention whenever required.
g. Law enforcement officials shall not commit any act
of corruption. They shall also rigorously oppose and
combat all such acts.
h. Law enforcement officials shall respect the law and
the present Code. They shall also, to the best of their
capability, prevent and rigorously oppose any
violation of them. Law enforcement officials who have
reason to believe that a violation of the present Code
has occurred or is about to occur shall report the
matter to their superior authorities and, where
necessary, to other appropriate authorities or organs
vested with reviewing or remedial power.
CHAPTER 8

ADMINISTRATIVE
SANCTIONS AND
AMENDMENTS
Administrative sanction, defined.
Administrative sanction may be defined as any
formal official imposition of penalty or fine;
destruction, taking, seizure, or withholding of
property; assessment of damages, reimbursement,
restitution, compensation, costs, charges or fees;
requirement, revocation or suspension of license; and
taking other compulsory or restrictive action by
organization, agency or its representative.
Penalties and Administrative Sanctions for the
commission of acts/practices in violation of
Ethical Doctrine:
The penalties for the commission of act/practices
violation of this Doctrine shall be in accordance with the
following:
a. Revised Penal Code,
b. RA 6713
c. RA 3019 and
d. other special laws.
It is noteworthy to note that for acts or omissions
which merely require administrative sanctions, the
applicable punishments as provided for the rules and
regulations promulgated by the PNP, NAPOLCOM. Civil
Service Commission and DILG shall be applied.
What is Citizens Complaint?
Citizens Complaint pertains to any complaint initiated
by a private citizen or his duly authorized representative on
account of an injury,
It must be noted that a citizens complaint against any
member of the PNP shall be brought before any of the
following disciplinary authority:
a. Disciplinary Authority of The Chief of Police
The Administrative Penalty is any or combination of
the following:
• Withholding of privileges,
• Restriction to specified limits
• Suspension or forfeiture of salary, or any
combination thereof,
• For a period of not exceeding fifteen (15) days.
b. City/Municipal Mayors:
• Withholding of privileges,
• Restriction to specified limits
• Suspension or forfeiture of salary, or any
combination thereof,
• For a period from sixteen (16) days to thirty (30)
C. Peoples Law Enforcement:
• Withholding of privileges,
• Restriction to specified limits
• Suspension or forfeiture of salary, or any
combination thereof,
• For a period of not exceeding thirty (30) days,
• Demotion in rank or
• Dismissal from the service.
What is Breach of Internal Discipline?
Breach of Internal Discipline may refer to any offense
committed by a member of the PNP involving and affecting order
and discipline within the police organization
Who has Jurisdiction over Breach of internal
Discipline?
It must be noted that as a rule, in dealing with offenses
involving breach of 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:
Disciplinary Authority Administrative Penalty:
a. Chief of Police or equivalent:
• Admonition or reprimand;
• Restriction to specified limits
• 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 fifteen (15) days.
b. Provincial Directors:
• Admonition or reprimand
• Restriction to specified limits
• 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.
c. Police Regional Directors
• Admonition or reprimand
• Restriction to specified limits
• Withholding privileges
• Forfeiture of salary or suspension
• Or any combination of the foregoing

Provided, that in all cases, the total period shall not


exceed sixty (60) days. Dismissal from the service and
demotion in mark may also be imposed
D. Chief of the PNP
• Admonition or reprimand
• Restriction to specified limits
• Withholding of privileges
• Forfeiture of salary or suspension
• Or any combination of the foregoing

Provided, that in all cases, the total period shall not I


exceed one hundred eighty (180) days. Also, dismissal from
the service and demotion of rank.
What is Minor Offense?
Minor Offense refers to an act or mission not involving
moral turpitude, but affecting the internal discipline of the
PNP, and shall include, but not limited to;

a. Simple misconduct or negligence;


b. Insubordination;
c. Frequent absences/ tardiness
d. Habitual drunkenness, and
e. Gabling prohibited by Law
Who has Jurisdiction on a complaint filed against
a member of the PNP?
A complaint or a charge filed against a PNP member shall
be heard and decided exclusively by the disciplinary authority
who first acquired original jurisdiction over the case,
notwithstanding the existence of concurrent jurisdiction as
regards the offense; provided, that, offenses which carry higher
penalties referred to a disciplinary authority shall be referred to
the appropriate authority which has jurisdiction over the
offense.
Summary Dismissal Authority
The Chief, PNP and Regional Directors, after due notice
and summary hearings, may immediately remove or dismiss
any respondent PNP member in any of the following cases:
a. When the charge is serious and the evidence of guilt is
strong.
b. When the respondent is a reservist or has been repeatedly
charged and there are reasonable grounds to believe that
he is guilty of the charges; and;
c. When the respondents is guilty of conduct unbecoming of a
police officer.
ORGANIZATION, JURISDICTION COMPOSITION, TERM OF OFFICE,
AND QUORUM OF PLEB
Organization-
Within thirty (30) days from the issuance of this
implementing Rules and Regulation by the Commission, there
shall be created by the Sangguniang Panglungsod/ Bayan in
every city and municipality such member of Peoples Law
Enforcement Boards (PLEBs) as may be necessary.

Provided, that, there shall be at least one (1) PLEB for every
five hundred (500) city or municipal Police personnel. In the case
of a city which has two (2) or more legislative districts the
Sangguniang Panglunsod concerned shall organized at least one
(1) PLEB for each district.
Jurisdiction of the PLEB
The PLEB shall have jurisdiction to hear and decide citizens
complaints for offenses committed by officers and members of the
PNP, 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 thirty


(30Days) or by demotion in rank or dismissal from the
service.
Should the penalty of suspension which automatically carries
forfeiture of salary and allowances be imposed by the PLEB on a
respondent member of the PNP, the period shall not exceed three
(3) months; and in case of forfeiture of salarym the amount shall
not exceed the equivalent of one (1) month pay.
All police officers appointed by the President shall enjoy their
status as presidential appointees and may be suspended or
removed only for cause and by order of the President. The PLEB
concerned shall investigate administrative cases involving such
officers in accordance with the procedure prescribed under the
Rule; Provided, that the Report of Investigation shall be submitted
to the President thru NAPOLCOM for appropriate adjudication.
Venue for citizens complaint
Citizens complaints against erring members of the PNP
shall be filed with the PLEB of the city/municipality, or
legislative district where the respondent is assigned or
stationed.
In case respondent PNP member is assigned at the
provincial, regional or national headquarters, such complaint
shall be logged with the PLEB of the city/municipality where
said headquarters is located, provided, however that the
Commission through its Executive Officer may: in the interest
of justice, and upon proper petition filed, authorized a change
or transfer the venue of investigation.
Composition of the PLEB
The PLEB shall be composed of the following:
a. Any member of the Sangguniang
Panglungsod/Bayan chosen by his respective
sanggunian;
b. Any Barangay captain of the city or municipality
concerned chosen by the Association of Barangay
Chairmen; and
C. 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
must be a member of the Bar or, in the absence thereof, a college
graduate, or the principal of the central elementary school in the
locality. Provided, however That the Chairman of the National
Peace and Order Council (NPOC), by himself or through authorized
representatives, shall closely oversee the CPOCs/MPOCs in the
section and screening of PLEB members representing the
community and, where warranted, may direct the replacement of
said PLEB members by persons in the locality who meet the
statutory qualification on probity and integrity. The chairman of
the PLEB shall be elected from among its members.
Oath of Office by the Chairman and members of the PLEB
Before assuming the duties of their office, the chairman
and members of the PLEB shall take the following oath or
affirmation before an administering officer, which shall be filed
with the office of the National Police Commission in the region
where the PLEB is situated. Any change in membership will
necessitate a new oath of office.
Term of Office of the members of the PLEB
The term of 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 his successor shall have been chosen and
qualified.
Compensation of members of the PLEB
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.
Quorum
The presence of the majority of all the PLEB members
shall constitute a quorum. The Board shall determine, by a
majority vote of its members and its chairman, whether or not
the respondent officer or member of the PNP is guilty of the
charge upon which the complaints is based.
Nature of Preceding in the PLEB
Investigation conducted by the PLEB shall be summary in nature
and without strict regard to the technical rules of evidence, but, in
accord with the rudiments and requirements of due process.
Filling of Complaints before PLEB
The PLEB shall receive complaints referred to, or filed with it, by
any citizen or resident of the Philippines personally aggrieved by an
offense committed by a PNP member, or by the former’s authorized
representative. A citizens complaints filed directly with the National
Police Commission or of any agency of the government shall be
transmitted immediately by the head of the agency concerned to the
proper PLEB, copy furnished the superior of the respondent.
Power and Duties of the PLEB
The PLEB shall have the power to investigate and adjudicate all
administrative charges formally filed with, or referred to it, against any
member of the PNP, and to impose the corresponding penalty. For this
purpose, the PLEB, acting through its chairman is empowered to administer
oaths, summon witnesses, and require the production of documents, records,
books, etc.,
Complaint, how it is made
All proceedings must be commenced by a complaint in writing,
and under oath, by the aggrieved party or his duly authorized
representative or guardian against any member of the PNP who
appears to be responsible therefore. Said complaint shall be filed in at
least three (3) copies with the Office of the PLEB of the city/municipality
where the respondent is assigned.
Formal Requirements of a Complaint
The complaint shall be drawn in clear, simple, brief and concise
language and must contain the name of the respondent, his rank and
address, the designation of the offense complained of, the place, date
and time of commission of the offense, and a brief statement of
relevant and material facts.
Notification, how it is conducted.
Within five (5) days from the filing of the complaint, the PLEB
shall cause the issuance of summons, together with a copy of the
complaint, upon the respondent, requiring the letter to file his answer
and/or responsive pleading within five (5) days from receipt therefore.
Answer, how it is made.
The answer shall be in writing and must contain material
facts, which may either be in specific denial or affirmation of the
allegations in the complaint and shall be accompanied by
documentary or other evidence, if there be any, in support of
the defense. It shall also contain a list of witnesses and their
individual addresses. Failure to file an answer shall be
considered as a denial of the averments of the complainants. It
shall be filed, in at least three (3) copies, either personally or by
registered mail. The answer is deemed filed on the date and
hour of receipt stamped by the post office on the envelope, if
filed by registered mail, said envelope to be kept and made an
integral part of the records of the case.
Hearing Proper

The PLEB shall proceed with the hearing proper of the


case within ten (10) days from receipt of the answer. . When
the respondent in his answer pleads guilty or admits
responsibility to the charge, the PLEB shall nevertheless
proceed with the hearing in order to determine the degree of
responsibility of the respondent and the appropriate penalty to
be imposed. The parties and their witnesses shall be duly
notified of the scheduled hearing at least three (3) days before
the date thereof, specifying the date, time, and place of
hearing. .
Certification of Readiness, how it is done.
At the start of the hearing, the Chairman of the PLEB shall ask for the
appearance of the parties and inquire if they are ready to proceed with the
presentation of their evidence. When the parties are represented by their
respective counsels, the latter shall be made to sign and/or file a certificate of
readiness to proceed with the hearing. In said certification, the dates of hearing
(from the commencement up to the termination of the investigation) agreeable
to both counsels, but within the period prescribed by these rules, shall be
clearly indicated so as to avoid delay in the proceedings brought about by
motions for postponements due to conflict of schedule with other cases handled
by counsels. On the scheduled dates of hearing agreed upon and signed by the
counsels, the PLEB shall proceed with the hearing as scheduled in spite of
absence of one or both counsels. The -certification ties and binds both parties
and their counsels to the agreement and absence of their party or his counsels
shall not be considered a justifiable for postponing the case, except for highly
meritorious grounds.
Proceeding in the Absence of Counsel: effect/s
If the respondent at, the start of the proceeding appear
without any counsel to assist him in the investigation, the
chairman of the PLEB shall inform him of his right to avail of one
if he so desire. This right may, however, be waived by the
respondent expressly or impliedly. In case where either or both
of the parties cannot afford the service of counsel or such
counsel is not available, it shall be incumbent upon the PLEB as
a fact-finding body to propound question, interrogate witness
and examine material and relevant evidence which are
necessary in the determination of the issues and in arriving at a
just and fair conclusion.
Submission of Testimonies in Affidavit Form
As far as practicable, direct examination of witness 2
shall be dispensed with in the investigation conducted by the
PLEB. In lieu thereof, the PLEB shall require each party and his
witnesses to submit their testimonies in affidavit from duly
sworn to, subject to the right of cross examination by the other
party or by the members of the PLEB. Cross-examination shall
be confined only to material and relevant matters. Prolonged
argumentation and other dilatory tactics shall not be
entertained.
Preventive Suspension, how it is conducted.

Should it be established by convincing evidence at any


time during the investigation of the administrative case, that
respondent is exerting efforts to harass, intimidate, coerce, or
unduly influence complaints or any of his vital witnesses into
withdrawing his complaint or retracting his sworn statement
against the former, the PLEB, through its chairman shall
recommend to the respondents station commander, or
appropriate PNP commander, the placement of the respondent
under suspension in order to maintain the integrity and
objectivity of the investigation.
Effect of failure or Refusal of Complainant to Prosecute -
The failure or refusal of the complainant and/or his witnesses to appear
and prosecute the cases during the investigation, despite due notice, as
reflected in the Proof of Service of administrative process shall be a sufficient
ground to drop the complaint, provided that the action is in person where the
culpability of the respondent cannot be established or proven without the
testimony of the complainant. Prior to such action, however, the Board shall
exert efforts to locate complainant and witnesses and verify the reason (s) for
their failure or refusal to testify and to pursue the complainant. However, in
case where the culpability of the respondent could be secured by other
evidence outside of the testimony of the complainant, non-appearance of the
latter shall not be a ground to terminate the proceedings. As far as
practicable, the Board concerned shall endeavor to pursue the investigation
by securing the attendance of their vital witnesses, to avoid miscarriage of
justice.
Effect of Death
Death of all the respondent during the tendency of the investigation
terminates the administrative case, as has the effect of exoneration.
Postponement of Investigation
Postponement of investigation shall be discouraged and shall be
allowed only in meritorious cases, such as illness of a party or his counsel
and/or other similar unavoidable causes. A request for postponement on the
ground of il ne should be supported by a duly sworn medical certificate
Regardless of the ground invoked, not more than two (2) postponements of
investigation shall be granted by reason of unavailability or illness of any
party, counsel or witnesses. In such a case, the third scheduled hearing shall
be considered in transferable in character and the projected investigation
thereon shall proceed with or without the presence of the person concerned,
Stenographic Record of Proceedings —
The testimony of each witness, and the manifestation of the
chairman and the member of the PLEB, parties and counsel, during an
investigation shall be taken in shorthand or stenotype, if there is a
stenographer. Clerk and stenographers are employed to take down
sworn testimony during the hearing shall, before entering upon the
discharge of their duties, be required to take an oath that they shall
well and truly report and certify in the matter then to be submitted to
them in their respective capacities and will keep the deliberation of the
case with strictest secrecy and confidence. A transcript of the records
made by the official stenographer or steno typist, and certified as
correct by him, shall be a prima facie correct statement of such
testimony
Where Service of Stenographer is not Available -
Where the service of a stenographer cannot be availed of, a
typewriter substantial accounts of the proceedings duly certified as
correct by the chairman of the PLEB, shall suffice.
Solemnity of Proceedings in Administrative Cases
The investigation shall be conducted with solemnity and proper
decorum and the chairman and members of the PLEB shall comport
themselves with impartiality and dignity befitting their position-that of
discovered and gathered of facts. They should always bear in mind that
their main duly is to determine the facts of the case as presented by
the parties during the investigation, judiciously evaluate the evidence
adduced, and thereafter, imposed the appropriate penalty based on the
submitted evidence.
Nature and Contents of Decision —
Decision, as used in these rules, is the written finding by the
PLEB that the respondent is guilty or not guilty of the offense charge,
and the imposition of the appropriate penalty in case of conviction. It
shall contain the charge, name of respondent, his rank, his office, or
police unit, a brief statement of the material and relevant facts,
findings offense committed and the penalty imposed, if found guilty,
and a dispositive portion thereof. The decision shall be signed by all
members who participated in the proceeding Stating clearly who vote
for or against the same.
Reglementary Period for Rendition of Decision —
Each cases shall be decided within sixty (60) days from the time
the case has been filed with the PLEB.
Finality of Decision rendered by the PLEB.
The decision of the PLEB becomes final after ten (10) days
from receipt thereof by the parties or after the lapse of the
reglementary period for perfecting a Petition for
Reconsideration/Appeal and no petition/appeal is filed. If a Petition
for Reconsideration is filed within the prescribed period, the
decisions becomes final and executory only upon receipt of the
resolution of the Board on said Petition.
Where the decision of the Board involves the penalty of
dismissal from the service, the same shall be immediately
executory, and should be implemented upon receipt of the decision
by the respondent. The filing of a Petition for Reconsideration or
Appeal, as the case may be, within the reglementary period of ten
(10) days shall not suspend the implementation thereof.
Motion for Reconsideration –
Who shall file a Motion for Reconsideration?
Either party may file a motion for reconsideration from a
decision rendered by the Board within ten (10) days from
receipt of a copy of the decision based on the following
grounds:
a. New evidence has been discovered which materially affects
the decision rendered, or
b. Efforts of law or irregularities have been committed
prejudicial to the substantial rights and interests of movant.
Note: Only (1) motion for reconsideration shall be allowed and
considered by the Board.
Appeal –
In case where the decision of the PLEB imposed a penalty of
demotion in rank or dismissal from the service, respondent may file an
appeal with the Regional Appellate Board concerned within ten (10)
days from receipt of a copy of the decision.
Service of Decision –
Copies of the decisions, orders and resolutions issued by the
Board shall be referred to the Station Commander concerned for
service to the parties.
Period of Act on Appeal Filed –
The Regional Appellate Board shall within a period of sixty (60)
days from receipt of the notice of appeal, decide the appeal.
Effect of Failure to Decide Appeal —
Failure of the Regional Appellate Board to decide the appeal within the
reglementary period shall render the decision final and executory without
prejudice, however, to the filling of an appeal by either party with the Secretary
of the Department of the Interior and Local Government.
Maintenance of Docket Books by PLEB —
The PLEB shall keep a Docket Book for administrative complaints, in which all
complaints shall be properly entered and given their corresponding number in order
of their receipt. The Docket Book shall contain a record of the number and the title
of the case, rank and name of the respondent, place of assignment, date the
respondent received copy of the complaint, date the answer of respondent is
received, date subpoena duces tecum is issued, date investigation thereon is
terminated, date the decision is promulgated, indicating whether respondent is
exonerated, or, if found guilty, the penalty imposed and date the decision was
served on the respondent; date when motion for reconsideration / appeal was filed,
if any, and its status.
Duties of Napolcom Hearing Officers. –
Pending the constitution of the PLEB, the present Napolcom
Hearing Officers shall, in holdover capacity, continue the investigation
of all police administrative cases.
Effect of Constitution and Organization of PLEB.
Upon the organization of the mandated city /municipal
PLEB, the Napolcom Hearing Officer concerned shall
immediately cease functioning, and turn over to said PLEB all
the police administrative cases pending on his office, except
those where the investigation had already been completed.
Thereafter, the function of the Napolcom Hearing Officers shall be
confined to the following:
a. To assist in the orientation and training of PLEB members in the
conduct of administrative Investigation
b. To act as legal consultants of the PLEBs in hearing and deciding
administrative cases against PNP members;
c. To monitor the activities and performance of PLEBs within their
respective jurisdictions, and submit monthly report thereon to the
Napolcom regional director concerned;
d. To investigate claims for benefits arising from serviceconnected
death, permanent total disability and temporary disability.
e. To perform such .other related functions as may be directed by the
Chairman of the Commission.
APPEAL
What is Appeal?
In general, appeal may be defined as the application to a higher
court/tribunal for a reversal of the decision of a lower court.
What is Administrative Appeal?
An administrative appeal is a request addressed to a
public authority by which the aggrieved/interested person
demands administrative measures to be taken regarding an
administrative act.
Where to Appeal? —
(1)National Appellate Board (NAB):
(a) Decisions of the PNP Chief,
(b) Decisions rendered by the National Internal Affairs Service

Who chairs the National Appellate Board (NAB)?


- Commissioner, NaPolCom

(2) Regional Appellate Board (RAB) —


Decisions of the PLEB that is final and executor involving
demotions or dismissal from the service
Chapter 9

ADMINISTRATIVE
OFFENSES
Administrative Offense
The illegality of an administrative offense consists of a
person’s committing an action that is prohibited by law or
failing to do what is prescribed by law, and doing so
intentionally or through negligence.
Offense Punishable-
The following are the offenses for which a member of the
PNP may be charged administratively:
a. Neglect of duty
b. Irregularity in the Performance of Duty
c. Misconduct
d. Incompetency
e. Oppression
f. Dishonesty
g. Disloyalty
h. Violation of Law and are defined as follows:
• Neglect of duty or Non-feasance - is the omission or
refusal, without sufficient excuse, to perform an act or duty,
which it was the peace officers legal Obligation to perform;
it implies a duty as well as its breach and the fact can
never be found in the absence of a duty.
• Irregularity in the Performance of Duty - is the
improper performance of some act which might lawfully be
done.
• Misconduct or Malfeasance - is the doing, either through
ignorance, inattention or malice, of that which the officer
had no legal right to do at all, as where he acts without any
authority whatsoever, or exceeds, ignores or abused his
powers. Misconduct generally means wrongful, improper or
unlawful conduct, motivated by premeditated obstinate or
international purpose. It usually refers to transgression of
some established an defined rule of action, where no
discretion is left except what necessity may demand, it does
not necessarily imply corruption of criminal intention but
implies wrongful intention and not mare error of judgment.
• Incompetency - is the manifest of adequate ability and
fitness for the satisfactory performance of police duties. This
has reference to any physical, moral or intellectual quality
and the lack of which substantially incapacitates one to
perform duties of a peace officer.
• Oppression - imports an act of cruelty, severity unlawful
exaction, domination, or excessive use of authority. The
exercise of the unlawful powers or other means, in depriving
an individual of his liberty or property against his will, is
generally an act of oppression.
• 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.
• Disloyalty to the Government - consist of abandonment
or renunciation of ones loyalty to the Government of the
Philippines, or advocating the overthrow of the government.
• Violation of Law - presupposes conviction in court of any
crime or offense penalized under the Revised Penal Code or
any special law or ordinance.
CLASSIFICATION OF OFFENSE
What are the Classification of Offense?
For purpose of the application of penalties,
administrative offenses are classified into:
a. Light,
b. Less grave, and
c. Grave
LIGHT OFFENSES
1. Simple Neglect of Duty
This is incurred by any member of the Philippine National Police
who shall
a. fail to supervise, inspect and _ control subordinates directly under his
command ag to their punctuality, attendance, prescribed attire,
proper use and maintenance of equality, preparation and submission
of reports, efficient performance of their duties and responsibilities,
and the observance of good order. conduct, behavior and discipline;
b. fail to take corrective action by way of warning, advise, admonition or
suggestion to a subordinate, or to report such conduct when such
subordinate is committing or has already committed a dereliction,
irregularity or violation of department rules and regulations;
2. Simple Irregularity in the Performance of Duty
This is incurred by any member of the Philippine National
Police who shall:
a. be found to have the odor or smell of alcohol on his breath
while on duty, or possess alcoholic beverages on his person,
police vehicle, post or office;
b. drive a marked police vehicle while not in prescribed
uniform, except those who are not required to do so by
reason of the exigency of the service;
3. Slight or Simple Misconduct
This is incurred by any member of the Philippine National
Police who shall:
a. fail to salute officials, dignitaries, superior officers and other
officials entitled thereto or the national colors during the playing
of the national anthem;
b. fight, threaten or quarrel with any member of the police force;
provided, that when the member being challenged or
threatened is one of higher rank, the charge shall be that of
Grave Misconduct;
c. read newspapers, books or periodicals while in uniform and in
street duty
LESS GRAVE OFFENSE
1. LESS GRAVE NEGLECT OF DUTY
This is incurred by any member of the Philippine National Police
who shall:
a. fail to execute lawful orders from higher authority or: tolerate any
subordinate to ignore or ridicule any order, rule or regulation
b. fail to make immediate correction or take appropriate action when a
_ dereliction, irregularity or violation of law or duty is being
committed or has been committed in his presence by a subordinate
or under his command, or fail to report the same to his commanding
officer within twenty-four hours,
c. fail to prepare disciplinary or administrative complaint or take such
disciplinary action as may be necessary
2. LESS GRAVE IRREGULARITIES IN THE PERFORMANCE
OF DUTIES
This is incurred by any member of the Philippine National
Police who shall:
a. apply for and serve a search or seizure warrant in any
establishment or private house without the knowledge or approval
of the chief of police;
b. use traffic violation reports which are not duly validated by the
Land Transportation Office or by the Metro Manila Authority:
c. use traffic violation reports duly validated by the Land
Transportation Office (LTO) but are not issued to him for traffic
enforcement work;
d. use the official insignia, markings and seal of the police force
in any privately owned vehicle, without the authority of the
chief of Police;
e. disregard or violate traffic Rules and regulations while
driving a police vehicle when not in hot pursuant and not
responding to an emergency call; and
f. commit any other act analogous to the foregoing.
3. LESS GRAVE MISCONDUCT
This is incurred by any member of the Philippine National
Police who shall:
a. take advantage of his position by procuring goods and
commodities at a losing price to an unwilling seller, or
partake of food, drinks and cigarettes free of charge;
b. engage in gambling or games of chance, regulated or prohibited,
while on duty, or m prohibited games of chance while off duty;
c. loiter in gambling houses, narcotic dens, prostitution house, hotels,
motels, mahjong joints, cockpits, night clubs, cocktail lounge, bars
bookie corners, and in other questionabie places when not in the
performance of pobce duty;
d. be drunk and disorderly while on or off duty, or drunk while off duty
and in uniform or in recognizable uniform of the force, when the
same has no connection with the performance of police duty;
e. maliciously in intrigue against the honor of a co-officer, or indulge in
idle gossip or spread rumors that tend to discredit another member
GRAVE OFFENSES
1. SERIOUS NELGECT OF DUTY
This is incurred by any member of the Philippine National
Police who shall:
a. fail or refuse to take command in an emergency in order to carry out
police -duty, being the officer present with the highest rank, grade or
Position;
b. fail to prevent or suppress the criminal act of a subordinate being
committed in his presence or fail to report the same to the chief of
police within twenty-for hours after discovery;
c. fail to apprehend and/or arrest under circumstances where it is his
duty to do so;
d. fail to return personal effects of released prisoners or other property
used in evidence the release of which is ordered by competent court
or authority;
e. fail to perform his assigned mission or fail to participate in an
operation for the security of the President, or other high ranking
officials of the Philippines or foreign heads of state
2. SERIOUS IRREGULARITES IN THE PERFORMANCE OF
DUTIES
This is incurred by any member of the Philippine National
Police who shall:
a. engage directly or indirectly in partisan political activity or take part
on any election except to vote;
b. Act as bodyguard or security guard for any public official or candidate
for any elective public office or position or any other person within
three (3) months immediately preceding any election and within one
(1) month thereafter, unless authorized or deputized by the
Commission on Elections;
c. act as bodyguard or security guard for the person or property of
any public official, or private person unless approved by the
property authorized concerned;
d. prevent any arrested person or detention prisoners to have the
right of counsel;
3. GRAVE MISCONDUCT
Grave Misconduct is incurred by any member of the
Philippine National Police who shall:
a. maltreat or abuse any prisoner or detained person under his custody
b. join a strike or refuse to report for duty in order ‘ to secure changes
in terms and conditions of his employment, or to oust the chief of
police or any other officer from office;
c. publicly consort with woman of ill repute and/or scandalously cohabit
with or maintain a wife other than his legitimate spouse;
d. fail or refuse to surrender or deposit his service it firearm, badge.
Identification card and police vehicle, if any, to his commanding
officer upon rm demand during the period of suspension:
e. willful failure to pay debts or obligation due the government; and rf f.
commit any other act analogous to the foregoing.
f. Commit any other act analogous to the foregoing.
4. OPPRESION
Any member of the police force who shall abuse his
authority in a tyrannical, cruel, and high-handed manner shall
be guilty of Oppression.
5. GROSS INCOMPETENCY
When the offense or negligence is committed by reason
of manifest lack of adequate ability and fitness on the part of
the respondent member for the satisfactory performance of
police duties, the erring member shall be guilty of Gross
Incompetency.
6. DISLOYALTY OF THE GOVERNEMENT
Any member of the police force who shall abandon or renounce
his loyalty to the government of the Republic of the Philippines, or shall
advocate the overthrow of its governments, shall be guilty of Disloyalty
to the Government, in which case, the maximum penalty of dismissal
shall be imposed.

7. 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.
The following facts constitute Grave Dishonesty:
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 damaging facts.
b. makes a false report or entry in the police blotter or in any departmental
record;
c. give deliberate false testimony against or in favor of a person facing a
criminal, administrative or disciplinary charge;
d. destroy, conceal or tamper physical evidence to be presented in court by
exchanging, altering, damaging or diluting as to affect its original
appearance, composition and content.
e. appropriate for his or another is personal use any stolen property which
is recovered, found or abandoned; and
f. Solicit money or valuable for the amicable settlement of cases under
investigation.
8. VIOLATION OF LAW
When a member of the police force is convicted in court of any
crime or offense punishable under the Revised Penal Code or special law
or ordinance, said member shall be charged before the PLEB for Violation
of Law The administrative investigation by the PLEB shall be separate
from and independent of the criminal proceedings in court for the same
offense. The nature of the crime committed and the penalty prescribed
therefore by the Revised Penal Code or special law shall determine the
classification of the offense as light, less grave to grave
The following instances of Violation of Law; any member of
the Philippine National Police who shall:
a. maliciously refrain, in dereliction of the duties of his office, from
instituting prosecution for the punishment of violator of the law, or
shall tolerate the commission of criminal offenses (Art. 208, RPC);
b. agree to perform an act constituting a crime, in connection with the
performance of his official duties, in consideration of any offer,
promise, gift or present received by such officer, personally or
through the mediation or other; or accept any gift in consideration of
the execution of an act which does not constitute a crime; or
received a gift in consideration of refraining from doing something
which it was his official duty to do (Direct Bribery - Art. 210 )
c. accept gifts offered to him by reason of his office (Art. 211, RPC)
ADMINISTRATIVE PENALTIES
Imposable Penalties- The following are the penalties
that may be imposed by the PLEB in police
administrative cases:
a. Withholding of privileges
b. Restriction to specified limits
c. Suspension
d. Forfeiture of salary or fine
e. Demotion (of not more that one rank)
f. Dismissal
Schedule of Penalties- The penalties for light, less grave
and grave offenses shall be made in accordance with the
following schedule:
A. For light offenses
1. Withholding of privileges or restriction to specified limits or
suspension or forfeiture of salary, or any combination thereof from one
(1) day to ten (10) days (minimum period);
2. Withholding of privileges or restriction to specified limits or
suspension or forfeiture of salary, or any combination thereof from
eleven (11)days to twenty (20) days (medium period);
3. Withholding of privileges or restriction to specified limits or
suspension or forfeiture of salary, or any combination thereof from
twenty-one (21) days to thirty (30) days (maximum period).

B. For less grave offenses:


1. Withholding of privileges or restriction to specified limits or
suspension or forfeiture of salary, or any combination thereof from
thirty one (31) days to forty five (45) days (minimum period);
2. Withholding of privileges or restriction to specified limits or,
suspension or forfeiture of salary, or any combination thereof from
forty-six (46)days to sixty (60) days (medium period);
3. Withholding of privileges or restriction to specified limits or
suspension or forfeiture. of salary, or any combination thereof from
sixty one (61) days to ninety (90) days (maximum period).
C. For Grave Offenses:
1. Suspension for three (3) months (minimum period);
2. Force Resignation/Demotion of not more than one (1} rank
(medium period);
3. Dismissal (maximum period)
Limitation in the Imposition of Penalties
If the penalty of suspension is imposed by the PLEB, the same
shall not exceed three (3) months suspension; and in case of forfeiture
of salary (fine) the amount shall not exceed the equivalent of one (1)
month pay, On the other hand, the penalty of “Withholding of Privilege”
shall be confined to determine of vacation leave privileges, availment
of loan privileges and participation in training grant or programs and
such other similar privileges normally enjoyed by civil service
employees.

Qualifying Circumstances - In the termination of the penalties


to be imposed, mitigating and aggravating stances attendance to the
commission of the offense shall be considered.
The following are mitigating circumstances;
1. Physical Illness
2. Good Faith
3. Length of Service in the Government
4. Analogous Circumstances
The following are aggravating circumstances:
1. Taking advantage of official position
2. Taking undue advantage of subordinate
3. Undue disclosure of confidential information
4. Use of government property in the commission of the offense
5. Habituality
6. Offense is committed during office hour and/or within thepremises of the working office or
building
7. Employment of fraudulent means to commit or concealoffense
GUIDELINES IN THE APPLICATION OF PENALTIES
The imposition of the penalty shall be made in accordance with the
manner below provided:
a. Like penalties shall be imposed for the offenses and only one penalty
shall be imposed for each case. “Each case” means one administrative
case which may involve one or more charges or counts;
b. The minimum of the penalty shall be imposed where only mitigating
and no aggravating circumstances are present
c. The medium of the penalty shall be impose where no mitigating and
aggravating circumstances are present
d. The maximum of the penalty shall be impose where no mitigating and
aggravating circumstances are present
e. Where aggravating and mitigating circumstances an present, the rule
a. shall be applied where there are more mitigating
circumstances present, rule
b. shall be applied where the circumstances equally off-
set each others; and rule
c. shall be applied when there are more aggravating
circumstances; and f. If the respondent is found guilty
of two (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 circumstance.
Administrative Disabilities Inherent in Certain Penalties:
The following are the administrative disabilities inherent in certain
penalties:
a. The penalty of dismissal, which results in the separations of the
respondent from the service, shall carry with it that of cancellation of
eligibility, forfeiture of leave credits and retirement benefits, and the
disqualification for re-employment in the police service;
b. The penalty of suspension, which consist in the temporary separation or
cessation of work of the respondent for the duration of the sanction, shall
carry with it that of disqualification for promotions corresponding to the
period of suspension,
c. The penalty of forfeiture of salary, which consist of an amount not
exceeding one (1) month salary, shall -carry it that of disqualification for
promotion corresponding to the penalty period

You might also like