REVISED RUL~ OF PROCEDURE' l~ '!'I1.E H~N{t AtlD ADJUDICAT.10N OF CITIZEWS COMPLAlN'rfJ }\GAlNST UNIFORMED btEMBERS OF THE PHILIPPINE NATIONAL.

f'OLl(;& (PNP) BltlN.:rRll; THE PEOPLE'?8 lAW ENFORCEM.E~ BOAIUl (Z:>LEBJ

WH&RItAS, Section 43 of Republic Ad Numbered 6975 otherwise known as the "Department of the Interior' and Local Gouernment Act of i 990" provided for the creation of People's Law Enforcement Boards in every city/municipality to conduct hearing and \l.djlidication of citizen's complaints against uniformed members of the Ph.i.llp}inc ~ational Pollee .(PNP) for offenses committed in their area otjurisdictton: .1,

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WHEREAS, the Commission promulgated Memorandum Circular No. 91-002 establishing the procedure in the investigationand hearing 01' administrative complaints before the PLl<:B against UnifO(lhed members f

of the PNP; "

WHEREAS, on March 6, 1998 Republic Act Numbered 8551 otherwise known as the "PNP Reform and Reorqanieation. Act oJ 1 Y98" ~'-"'~~ ~!T_·t «rnendlng, amonz others, Section 43 of R.A. G975 in order to lurther strengthen the Pl.c.0,

WHEREAS. there is a need to revise the existing rules (,r p!'(!<.~edure embodied in Memorandum Circular No. 91-002 in conformity with. the amendments brought about by R.A. 8551.

NOW THEREFORE, the Cornmiasion IUtj,?E8Y RESOLVED TO REVISE as it hereby REVISES the Rules of Procedui c in the hearing and adjudication of citizen's complaints before the PLEB against uniformed members of the PNP, to wit:

RULE I

GENERAL PROVISIONS

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Section 1. Definition of Terms, .. The rclcvanrternis as used

in these Rules shall be understood to mean as follows:

a! Admir.l.f.Dtratlvo duo process - the right of a party interested or affected to notice and hearing to enable him tr:< present his side and submit evidence in support thereof. In essence, due process pertains to the opportunity of the party impleaded to be heard.

b) Affida.vit - a written dcclarutionor statement of J~lCtS. made

voluntarily under oath or affirmation before an officer authorized to administer such oath or a;nrmauonr

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C) Anawer - a responsive pleading containing the respondent's negative

and arf1rmative defenses.

d) Breach of Internal Discipliue - any offense committed by a uniformed member of the PNP involving and affecting order and discipline within the police organization.

e) Citizen's Complaint - a formal charge initiated by a natural or juridical person or his/Its duly authorized representative or guardian on account of an injury, damage or disturbance sustained as a result of an irregular or illegal act or omission of a member of the PNP.

J) Civic Duty - an obligation or service pertaining to a citizen as member of the community.

g) Commi.ssion - refers to the National Police Commission.

h) Compll\wt - a written and sworn statement regarding a wrong, grievance or injury sustained by a person.

i) Complainant - one who has initiated a complaint or charge against another either as private individual or an officer who, by reason of his office or position, is required or authorized to institute or me an administrative complaint.

Jj Docision - a written disposition of a case personally and directly

. prepared and signed by the members of the PLEB stating clearly the findings of facts and the law applicable thereto. It shall also include a finding of exoneration or culpnbility of the respondent with the corresponding penalty in case of the latter.

k] Error of law - a misapplication of law by the Board hearing the case.

1) Exoneration - the finding made by the PLES that respondent is not culpable of the charge.

m) Findil.lgs of fact(=, - the determination by the PLEB of an issue of fact after an evaluation of the evltlcnconu bmlttcd 111 [11e case.

n) Forum Shopping - the practice of I1ling several complaints ansing from one and the same cause or action and involving the same parties with the different disciplinary authorities,

0) Habituality - is a circumstance where the offender has been previously punished for an administrative offense to which the law attaches an equal or greater penally or for two or more administrative offenses to which it attaches a lighter penalty.

p) -Jurtsdlctton - t.he authority vested by law to hear and decide a case.

q] Material Evidence - is that evidence which is relevant and goes to the substantial matter in dispute, or has a legitimate and effective influence r bearing on the decision in the casey

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r) Newly Disoovered Evidenco - that evidence which could not have been discovered and produced during the hearing of the case despite duediligence, and if presented, would probably alter the decision.

',s) Quorum - it refers to the number necessary to do business, which in this case, is the presence of the majority of the PLED members.

t) Regloual Appellate Board - an appellate body organized in different administrative region s of the coun try tasked to decide appeals on (1) decisions of the PLEB where the penalty imposed is demotion or forced resignation or dismissal from the service; (2) decisions of the PNP Regional Director where the penally imposed is demotion or dismissal from the service; (3) decisions of city or municipal mayors in cases falling within their respective jurisdiction; and, (4) decisions or Napolcom Regional Directors with respect to claims for police benefits.

u] Rcglcmosrtary Period - the period required by law to perform a specific act. In the computation of the period of time, the first day shall be excluded and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next day which is neither a Saturday, a Sunday or a legal holldny.

v) Relevnut Evidence - having any value in reason us tending to prove any matter provable in an action. Evidence is relevant when it tends to prove or disprove the Issue or issues outlined in the pleading of the . parties.

w) Sorvice - the execution of a writ or process.

x) Subpoena - a process directed to a person requiring hiii; to attend and to testify at the hearing before the Pi...EB.

y) Subpoena Duces Tecum - a process that requires a person to bring with him any book, document, or thing under his control at the scheduled hearing before the PLEB.

z) Suhstantial Evidence - such relevant evidence as a reasonable mind might accept as adequate to support a conclus.ion.

aa) Summary Proceeding - an abbreviated administrative proceeding conducted consistent with due process to determine theculpability or innocence of the respondent.

bb) Smumons - a written order informing the respondent that he is charged of an offense and directing him to file his answer and other responsive pleadings.

Bee. 2. Nature of Proceedings. - The hearing is summary in nature and shill I not be governed strictly by the technical rules of procedure. However, the proceedings must be consistent with the CA:fv principles of administrative due process. f -...

Bee. 3. Solemnity of Proceedings. - The hearing shall b~.J conducted with solemnity. The chairman and members shall comporr.

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themselves with propel' decorum, impartiality and dignity bcijHlllg their olTice. They shall always bear in mind that the PLED's dJuly is to determine the facts of the case as presented by the party litigan ts, judiciously evaluate lhe evidence add ueed and, thereafter, arrive at a Iair

" and just decision ..

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Soc. 4. 1Vfect of tho Crlmhutl Case to Administrative Action· A criminal case is separate and distinct from the administrative case. Accordingly, aJ1 acquittal from or dismissal of the criminal case shall not affect the administrative case unless such acquittal or dismissal arose from a declaration by the Court that the accused did not commit the crime.

nUI.E II

CRI.~I\TjON, FUNCTION, COMPOSITlON, TEI~M OF OFFICE AND QUOIWM

flo()tion 1. CreatiorL - The Sangguniang Panlungsocl I Bayan in every city and municipality shall create such number or People's Law Enforcemcnt Boards (PLEBs) as may be necessary: Provided, That there shall be at least one (1) PLED for every five hundred (~)oO) city 01' municipal police pcrsonriel and for each of the legislatIve districts in a city.

Sec. 2. Functions, POWfJrs and Duties. - The PLED shall have the power to hear and adjudicate all citizen's complalnts formally filed with, or referred to it, against any uniformed member of the PNP, and, if warranted, impose the corresponding penalty.

In the exercise of its functions, the PLIED, acting through its chairman, is empowered to administer oaths, summon witnesses, require the production of documents, records, books, or other things by a subpoena duces tecum and issue other processes as may be necessary.

Sea. 3. Composition. - The PLEB shall be composed of the following:

a) Any member of the Sangguniang Panlungsod / Dayan chosen by his/her respective sanggunian:

b) Any punong-bamnga.y of the city or municipality concerned chosen by the Liga ng mga Barangay; and

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c) Three (3) other members who arc removable only for '!tuuse to be chosen by the local 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 woman and another, a member of the Gar, or in the absence thereof, a college graduate, or, the principal of the

central elementary school in the locality. '

The Chairman

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of the PLED shall be elected from among its

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Membership in the PLEB constitutes a puUlic olTice, as such, a public official or employee is disqualified for appointment or designation as member thereof unless allowed by law or by the primary functions of

his office. ..

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Applying the provisions of Article 152 Chapter IV, Title III, Hook II of the Revised Penal Code, the members of the PLL~L3 arc con sidcrcd persons in authority.

SCC!. 4. Executive Order Constituting the PLEB - Upon

enactment of u resolution by the Sungguniang Panlurig sod z Bayun formally organizing the members of the PLED, a copy thereof shall immediately be submitted to the City/Municipal Mayor who shall, within flvc (5) days from receipt thereof, issue the uppropriate cxccu live ord er adopting the resolution of the Suriggun ian concerned.

Se(l. G. Oath of OfJlce. - Defore assuming the duties of their office, the chairman and members of the PLED shall take the oath or affirmation before an adrninisteriug officer, a copy of which shall be filed with the office of the National Police Commission in the region where the PLED is situated. The oath shall read:

"I, .. __ .~ . • do solemnly swefU'

I affirm thnt I will faithfully and ccnscicnuou sly discharge Illy dut.ics as Chairrnnn / Member of U1e People's Law Enforcement Board in UIC City / Municipality of

; that I will perJ'0I111 the d ut.iea imposed upon me in accordance with the pertinent provisions of law and the rules and regulations promulgated pursuant thereto; that having in view tile best interest of tile police service, 1 will administer justice without partiality, favor or affection; that 1 will keep the deliberations of the Board with strictest secrecy and confidence: and that I impose these obligations upon myself voluntarily, without mental reservation or purpose of evasion. SO HELP ME GOD.·

Sec. 6. Term of Office. - The term of office of the members of the PLEB shall be for a period of three (J) years from assumption of office. Such member shall hold office until his/her successor shall have been chosen and qualified,

The tenure of office of a iJLEU member who 118S been designated us such by virtue of his election to the Sangguniang Panlungsod/Dayan or his membership with the Association of Barangay Captains ends upon the expiration of his term of office as Sangguniang Panlungsocl/Dayan member or as Barangay Chairman. If reelected, and su bscqucntly redesignated to the PLl~8, he must take a new oatil of office.

Sec. 7. Compensation. - Membership in the PLEB is a civic duty.

However, PLEB members shall be paid per diem and shall be. provided with life insurance coverage as may be determined by the sangguniang panlungsod/bayan from the city or municipal funds. The Department of the Interior and Local Government (DILG) shall provide for the per diem and insurance coverage of PU~D members in certain low-income

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80(:. 8. Budget Allocation.- The annual budget of the Local

Government Units (LGUs) shall include an item and the corresponding appropriation for the maintenance and operation of their local PLI!:B(s).

8(H:. 9. Quorum. - The presence of the majority of all the PLEB members shall constitute a quorum.

If Ior uny reason, the chairman is unable to attend a meeting or is disqualified from participating therein, the members shall elect from among themselves a temporary chairman to perform U1C duties appurtenant thereto.

When a PLEI3 member, after sufficicut notice, fails or refuses to attend the hearings nnd /or deliberations thereof without any' valid and justifiable rea.son and the Board co u kl nut proceed for lack of qi.roru m , the Chairman or the designated presiding officer may request the Sangguniang Panlungsod/ Bayan or the Liga ng ruga Barangay or the City/Municipal Peace and Order Council concerned to designate a tcmporury representative thc.:in in order to nttuin the required quorum; Provided 'I'hat, such temporal), representative shall act as such only fur the specific case.

Bec. 10. Dtsqual(flcattoll by Reason of Affinity or-

Consanguinity. Any member of the PLEB who is related to the

complainant or respondent by affinity or consanguinity within the fourth civil degree shall be disqualified from participating in U1e proceeding and the case shall be tried by U1C remaining members: Provided, That there is sufficient number tu constitute a quorum. In U1C event that the PLEB could not proceed with the hearing for lack of quorum, the Peace and Order Council, or the sangguuiang panlungsod Z bayan, or the Liga ng rnga Barangay of the city / municipality concerned shall appoint temporary mcmbcry s to hear and decide the specific case only,

nui,u 111

VENU8 AND JURISDICTION OVER CITIZEN'S COMPLAINT

Section 1. \'cmuo. - The PLEB shall be the central receiving entity for any citizen's complaint against a uniformed member of the PNP. As such, every citizen's complaint, regardless of U1e impoaable penalty for the offense alleged, shall be filed with the PLEB of the city / municipality 01" legislative district where the offense was allegedly committed.

Upon receipt and docketing of the complaint, the IJLEB shall immediately determine whether the offense alleged therein is. grave, less grave or minor. If the PLEB finds that the offense alleged is minor, it shall refer the complaint to the Chief of Police or Mayor, as the case may be. of the city or municipality where the PNP member is assigned within three (3) days upon the filing thereof. Should the PLEB find that the offense alleged is grave or less grave. it shall take cognizance of the case and accordingly serve summons upon the respondent within three (3) days from receipt of the COmPlaint.r

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If the city or municipality where the offense was corumittcd has no

PLED, the citizen's complaint shall be filed with the regional or provincial office or the Commission nearest the residence of the complainant.

Complaints involving breach of internal discipline as . defined in Section l(d) Rule I of these Rules shall 1Je filed with the proper PNP disciplinary authority pursuant to Section 41(b) of R.A. No. 6975' as amended.

Bee, 2. -Jurisdiation over Citizen's Complaint. - The following shall have jurisdiction over citizen's complaint:

a) Chiefs of Police, where the offense charged is punishable by withholding of privileges, restriction to specified limit.s, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days;

. b) Mayors of clues or municipalities. where the offense charged is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of sulury, or any combination thereof, for a period of not Jess than sixteen (lG) days but not exceeding thirty PO) days;

c) People's Lnw Enforcement Bonrd , where the offense charged is punishable by wtthholdlng of privileges. restriction to specified Iimlt s, suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days; or dismissal, forced resignation or demotion of rank.

The jurisdiction of the PLED to hear and decide citizen's complaint pertains to complaints of private individuals against PNP men 8J1d not by PNP men against their co-members or officers in a professional capacity, except, when thcy filed such a complaint in their private capacity and not as members of the PNP '.

Sew. 3. Principle of Exclusivity. - A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the dlscipllnary 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 peB,alLieS referred

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to a disciplinary authority shall be forwarded to the appropriate au thority

which has jurisdictlon over the offense.

Sec. 4. Whon Respondent: is a Presidential Appointee. - All uniformed police officers, who are presidential appointees, may be suspended or removed from office only for cause and by order of the President. Administrative cases involving such officers shall be investigated by the PLED in accordance with the procedure prescribed under these Rules after prior clearance from the President, through the Executive Secretary, pursuant to Presidential Memorandum Order No. 41 dated November 7, 2001. The Report of Invcsligalion of the PLED shall be submitted to the Office of the President, through the Commission, for disposition.

RULE IV

PROCE[)UI~L~

SoctiOll 1. Complaint. - All proceedings must be corn munccd by a complaint in writing arid signed under oath, by the aggrieved party or his/its duly authorized rcprcscntatlvc or guardian against any member of the PNP who appears to be responsible for the administrative offense charged.

Said complaint shall uc riled in at least three (3) copies with the Office of the PLEB of the city/municipality where the offense was committed.

Sec. 2. Format 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.

Sec. 3. Prohibition Again.'lt Forum Shopping or Multiple Filing of Complaints. To avoid multiplicity of suits for the same cause of action, the complainant shall certify under oath in his pleading, 01' ill a sworn certification annexed thereto and silm u tancously filed therewith, to the truth of the following facts and undertakings;

a] That he/ she has not filed or commenced any other action or proceeding involving the same in other disciplinary forum;

b] That to the best of his/ her knowledge, no such action or proceeding is pending in other police administrative disciplinary authority;

c) That if there is any such action or proceeding which is either pending or may have been terminated, he/she must state the status thereof; W1d,

d) That if he/ she should thereafter learn that a similar action or . n ~ proceeding has been file~ 70r is pending before any other police (.J'r-v

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di,sci,plin.:1IT i:lr:llthority, lIe/ she under~ukes to report such fact wlth~?, [lYe ~0) d,uJ:'s thcrefrolll, to the disciplinary authority \~!:e_J L:~I ,the orig inal complaint _ or pleading. and sworn ccruflcation contemplated herein have been filed,

, S,oc. 4. Notice, - Within three (3) clays upon receipt of tl

complain t the PLED I' II f . ' I 1C

\" ' " S 13 urrus 1 a copy thereof to the res rond cnt

~ irccting l~lm/her to submit his/her answer thereto within f1ve! (5) d: : }1'O/111 I ~ec~IPtl thereof, together with whatever documentary evioe~~~

ic s rc may rave In support of the defense. .

SO(~. 5. An.swer - Tile a11SWel' sr ,,11 1,' ..

.,' , ' ".l<.u uC In writing, under oath and

~nu.~t c~ntrun material facts, which may either IJe a specific denial or ~flll ~n~tlOn. of the allegations, in tho complain t. It shall be accompanied ~ (o:.un:cntal!, 0,1' other evidence, ir there be nny, in support of the d~fense, copy Iurriishud the complulnant. It shall also contain a list of

witnesses and their individual addresses, <)

.' Thr a:1swer ~hall be filed in at least three (3) copies either ~~~')~1tlal/ 01, by .rcgistcrcd mail. The a11SWer is deemed f1led on the date ;'e z i . o~ of l~celpl s,tamped by the post office on the envelope, if filed by

[gtlstered ~rul. Srud envelope shall IJe kept and made un integral part

a ic rccor ds of the case. .

,Yo U!O(!UI! (0 {flSLll{:;S, H1V(i(}{l ro« ora vi" FULU""W"UJ:l' .,,' <"'J' L'U,,'" Interlocutory mot.ion shall be allowed hence, tiling of the some shall nul interrupt the running of the reglernentary period for filing an answer.

Sec. 6. Effect of FaLlurc / Refusal To File Arl3wer - Failure of the respondent to file an answer within the rcg\ementary periml shall be considered as a general denial of the charges,

Sec. 7. Effect of jldmis.siort By Respondent - When the

respondent in his answer admits his culpability to the cbarge, the PLSB shall, nonetheless, proceed with the hearing in order to deLermine the degree of his responsibilily, and the appropriate penalty to be imposed.

Sec. 8. Pre-Hearing corifenmce. - Within flvc (5) days from receipt of the answer, the PLEB shall summon the parties to a prehearing conference for the purpose of: a) defining and simplifying the issues of the case; b) entering into admissions and/or stipulation of facts; c) limiting the number of witnesses to be presented; d) scheduling the dates of hearing; and c) threshing out all other matters relevant to

the case,

The con fercnec shall be completed in one (1) day and the proceedings thereof shall be duly recorded and signeclby the parties and Zor counsels. Where the parties are represented by counsel, the latter shall be made to sign and/ or file a certi[1cate of readiness to appear at the scheduled hearings. In said certification, the date of hearing agreed upon by both counsels shall be strictly followecl to avoid

unnecessary delay in the proceecling,

In no circumstance shall there be £111 amicable settlement of tile
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Sec. 9. Hearing Proper. - Within five (5) days from the termination of the conference, the PU<:B shall proceed with the formal hearing of the case.

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

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.

Bec. 10. Order of Hearing. - The order of the hearing before the PLED.shall be as follows:

u) The complainant shall adduce evidence with proper identification and marking thereof of his exhibits:

0) The respondent shall then present evidence in support of his defense with proper identification and marking thereof of his exhibits;

c) The proceedings being summary in nature, direct examination of witnesses shall be dispensed with and the sworn statcmcnta/uflldavits of witnesses, after proper identification . and affirmation on the truth of the contents thereof, shall take the place of their oral testimony;

d) Clarificatory examination, if requested by either party, shall be confined strictly to material and relevant matters and, insofar, as may be compatible with the ends of justice, shall be limited to not more than fifteen (] 5) minutes. Prolonged argumentation and other dilatory proceedings shall not be entertained.

Sec. 11. Proceedings in tilie Absence of Courcsel. - II' the rcspondeu t at the start of the proceedings appears withou t any counsel, the chairman of the PLSB shall inform him/her of his/her right to avail of one if he/ she so desires. Respondent may, however, waive this right expressly or impliedly. However, the hearing shall proceed as scheduled in spite of absence of one or both counsel,

In such cases, it shall be incumbent upon the PLEB to propound questions, interrogate witnesses and examine material and relevant evidence which are necessary in thc determination of the issues and in arriving at ajust and fair conclusion.

Soc. 12. Postponement. - Postponement of hearing should' be discouraged and shall be allowed only in 111CIILUnOU~ cases, sucn as illness of 0. party or his/her counsel and/or other similar unavoidable causes. A request for postponement on the ground of illness shall be

supported by 0r-n medical Certificuter ,_-_

39

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Regardless of the ground invoked, not more than two (2)

postponements shall be granted. Accordingly, the next, scheduled.

hearing shall proceed as scheduled.

Scc. 13. Request for Preventive Suspension. - ThJ PLED may ask any authorized superior to place under preventive suspension a subordinate police officer who is the subject of a complaint. In the followillg cases the superior officer sl1:111 110t deny a request [01' preventive suspension:

a) when the respondent refuses to heed the PLED's summons or subpoena;

b) when the PNP personnel has been charged with offenses involving bodily harm or grave threats;

c) when the respondent is in a position to tamper with the evidence; and

d) when the respondent is ill a po sition to unduly influence the witnesses.

The period of preventive suspension shall nol exceed ninety (90) days. Upon the expiration thereof, the suspended respondent PNP member shall be automatically reinstated without prejudice to the continuation of the proceedings againsthun.

While under preventive suspension, respondent shall not receive his salary and other benefits. However, in case or exoneration, respondent shall be reinstated with full payment of back salaries and such emoluments, which he failed to receive during such suspension.

The preventive suspension herein imposed shall not form part of the penally of suspension should the respondent be found culpable, except when it is so slated in the decision of the PLEI3,

Sec. 14. Prolltbttion. of Reassignment of Respondent During the Pendency of an Administrative Cuae, - A respondent PNP member shall not be reassigned or transferred from one city/municipal police station to another, or to any place beyond the jurisdiction of the PLEB during the pendency of the case, unless the PLEB concerned certifies that the presence of the respondent is no longer required, For this purpose, the PLED shall notify the Inuucdiatc superior of respondent or the pending casco

Sec. 15. Effect of F'ailure / Reficsal / Desistance of

Complainant to Prosecute. - The failure/refusal/desistance of the complainant and/or his/her witnesses to appear and to prosecute the case during the hearing, despite due notice, shall be a sufficient ground to drop the complaint where the culpability of the respondent could not be established or proven without the testimony of the complainant. However, before dropping the complaint, the PLED shall exert all efforts to locate the complainant and his/her witnesses and to inquire into the reason(s) for their failure or refusal to testify or desistance to prosecu te

thccase~ »:

40

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In cases where the culpability of the respondent can beestablished by evidence other than the testimony of the complalnant, nOI1- appearance of the latter shall not be a ground to terminate the proceedings. The PLED shall endeavor to continue with the hearing and secure the attendance of other vital witnesses to avoid a miscarriage of ju stlcc,

Bee, 16. IifJcct oj Fallu,'c or Refusal oj Respotuient: to Appear - If the respondent, despite due notice, fails or refuses to appear during the scheduled hearings, he/she is deemed to have waived his/her right to be present and to submit evidence in his/her Iavor and the said scheduled hearing shall proceed ex-porte .

. Seo. 17. Effect oj Exoneration. - A finding of non-culpability on the respondent PNP member who has been placed 011 preventive su spensicn shall entitle hi111 lu in uncd iatc reinstatement and to prompt payment of salaries, allowances and other benefits which he failed to receive by reason of such suspension; Provided, That he has not been separated or under suspension 011 account of any other criminal and/or administrative casco

Soc. 18. Effect oj Retiremont, retirement of the respondent shull not administrative case and the award of the shall be subject to its final adjudication.

The optional or cornpu lsory affect the pendency of his retirement benefits due him

Boo, 19. EJfect oj Death. - Death of the respondent during the pendency of the case shall terminate the administrative proceedings and has the effect of exoneration.

Upon presentation of a certified true copy of the death certificate, a resolution dismls;sio!; tho case shull be issued by the proper disciplinary authority hearing the case.

Sec. 20. Stenographic Records oj Proceedings. - 'I'he testimony of each witness and the manifestation of the Chairman and members or' the PLED, the parties and counsel, during the hearing shall be taken In shorthand or stenotype, if there is a stenographer. Clerks and stenographers employed to record the proceedings shall, before discharging their duties, be required to take an oath that they shall truly report and faithfully record all matters taken thereat and, will keep the deliberation of the case with strictest secrecy and confidence.

A transcript of the records made and certified to as correct by the official stenographer or stenotypist shall be a prima facie correct statement of the proceedings.

Sec. 21. Where Services oj Stenographer Not Avatlable. - Where the services of stenographer is not available, a su bstan tial account of the proceedings duly certified to as correct by the Chairman of the PLEB shull suffice.

Bec. 22. Nature and Content3 of Decision. - Decision, as use~ JJ

in these rules, j~n find::S of Iact by "' PLEB as CSlabliShCdr ~

, i

• 1

I •

during the hearing. the conclusions of law upon which they are based, and the disposition thereof. personally and directly prepared and signed by all the members who participated in Lhe proceedings/deliberations.

It shall include the name of the respondent, his unit or office and rank. and the offense to which he was exonerated or found Iiablc, including the appropriate 'penalty to be imposed.

The Board shall determine by a majority vote of its members, whether or not the respondent officer or member of the PNP is culpable of the charge.

Soo. 23. RflMpondent Found Ltable For an OJf811sflDUl~nt and Dist:inct From That to Wilich He Was Chargf,fd. - A respondent PNP member may be found culpable of an offense different from that he was charged: Provided, That the offense to which he was found liable was alleged or included in the recital of the complaint and the respondent has been given the opportunity to answer.

Sec. 24. Period to Render Decision. - The PLEB shall decide

the case within sixty (60) days after its submission for decision.

Soc. 25. FlnallhJ of Decision. - (Al The decision of the PLED exonerating or reprimanding the respondent in an adminlatrattvc case is final and executory upon receipt of a copy thereof by the parties, hence unappealable. (B) Where the decision of the PLEB involves the penalty of withholding of privileges. restriction. suspension. forfeiture of salary or fine. demotion. or forced resignation, the same shall become i final and executory only after the lapse of ten (10) days from the rcccipti.of a copy thereof by the respondent unless the latter Illes a motion for reconsideration or appeal within said period in which case, the resolution on the motion or appeal shall become final and executory only after the lapse of ten (10) days from receipt of a copy of said resolution by the respondent (C) However. where the decision of the PLEB involves the penalty of dismissal, the same shall be immediately executory upon receipt of a copy thereof by the respondent as furnished to him by his/her immediate superior officer. The filing of a motion for rcconsidera.tion or appeal as the case may be. within the rcglcrncntary period of ten (10) days shall not suspend the implementation thereof.

\

Sec. 26. AppUcation of the Principle of Res Judtcata,lBar by Prior Judgment. - For a prior judgment in an administrative case to constitute a bar to a subsequent administrative action) the following

requisites must concur: '

a] It must be a final judgment or order;

bl The Disciplinary Authority rendering the same must have jurisdiction over the subject matter and over the parties}

c) It must be ajudgment on the merits; and.

"

d) There must be between the two (2) cases. identity ~f parties,

identity ~malter and identity of cause of aClionr (;)~..-z__

42 v-

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Sec. 27. Motion for Reconsideration. - The respondent may file a motion for reconsideration from the decision rendered by the PLE13 within ten (10) days from receipt of a copy of the decision based on the following grounds:

1. Newly discovered evidence which, if presented, would materially affect the decision rendered; or

2. Errors of law or irregularities have been committed prejudicial to the substantial rights and interest of the movant.

Only one (I) motion for reconsideration shall be allowed and the same shall be considered and decided by the PLED within fifteen (15) days from receipt thereof.

Sec. 28. Service of Decision. - Copies or the decisions, orders and resolutions issued by the 1'L1~13 shal) he served either personally or by registered mail. Whenever possible service of decisiol1s 811d other papers shall be done personally.

Sec. 29. Maintenance of Docket Books. - The PLED shall keep a docket book for administrative complaints ill which all complaints shall be properly entered and given their corresponding number in the order of their receipt. The docket book shall contain the following records:

a) Number and title of the case;

b) Date the case was filed or received by the [>L1~lJ;

c) Name and mailing address of complainant;

d) Rank and name of respondent and place of assignment;

e) A determination by the PLEB on the charge alleged;

f) Case referral where the offense charged is noL cognizable by the PLEB;

g) Date the respondent received a copy of the complaint;

h) Date the respondent's superior officer received a copy of the

complaint;

i) Date the respondent filed his answer;

j) Date subpoena or subpoena duces tecum was issued; k) Date when the hearing actually commenced;

I) Date when the hearing terminated:

m) Date the decision was promulgated indicating whether respondent was exonerated, or, if found culpable, the penalty imposed;

n) Date the decision was served on the respondent; and,

0) Date when motion for reconsideration/appeal was filed if any, and its status.

Sec. 30. Quarterly Report. At the end of every quarter the

PLEB is required to submit a report to the regional office of the Commission indicating therein the province, municipality or city to which it belongs with the following data/information:

a) Number of administrative cases received during the period;

b) Nature of offense charged;

c) Number of administrative cases assumed;

d) Number of administrative cases referred; r

e) Number of cases heard during the quarter;

ry 43

1) Number of cases pending hearing;

g) Number of cases decided during the quarter;

h) Number of respondents found culpable / exonerated; and, i) Number of petitions for reconsideration filed/resolved.

RULE V

1\ 1'1'1~1\ L

Section 1. Appeal. - In cases where I lie decision of the PLEl3 imposes a penalty of demotion in rank, forced resignation or dismissal from the service, the respondent may file, with the deciding authority, and serving upon the adverse party, a notice of appeal, within ten (10) days from receipt of a copy of I he decision.

Likewise, the appellant is required to submit the rucmorandum of appeal in three (3) copies with the I<cgioll<ll Appellate Board (I<A8) concerned within ten (10) days lrom filing of not ice of appeal.

In addition, the respondent shall submit to the [<AD concerned the proof of service of a copy of the notice of appeal together with the appeal memorandum to the PLEB that rendered the decision being appealed.

Within fifteen (15) days from receipt of the notice of appeal, the PLEB concerned shall forward the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss, with its comment, to the RAB. The transmittal of the records of the case to the RAB is a ministerial responsibility of the PLEB. Accordingly, failure of the PLEB to forward the same to the RAB concerned will be a ground for administrative disciplinary actiun.

Sec. 2. Period to Act on Appeal. - The Regional Appellate Board shall decide the appeal within the period of sixty (60) days fr0111 receipt of the complete records of the case.

Sec. 3. Effect of Failure to Decide Appeal. - Failure of the Regional Appellate Board to decide the appeal within sixty (60) days from receipt of the case records shall render the decision of the PLED final and executory without prejudice, however, to the filing of an appeal to the Secretary of the Department of the Interior and Local Government."

RULE VI

I ADMINISTRATIVE OFFENSES

Section 1. Administrative Offenses. - The following arc the offenses for which a member of the PNP may be charged administratively:

a. Neglect of duty

b. Irregularity in the Performance of Du ty

c. Misconduct

d. Incompetency

SP03 Noel C~bldl .nd SP03 RDdolfo G. De GUlm8 vs. Hon Rlrlel M NuNiIl III, SeO"I!!II), oll~ De:pllr1meri 01 tnlellOI .. nd lOCit GOVl!lnm~nI & Ch;urm.1f1_ !laliMal Pesce Commlulon (NAPOLCOM): Hen . .AJlIld, Cal'lOl1iLlloo. Comrrri"l~ NII.POLCOM. Minor;!; Chal"" .. n LeooO'!g~"o Nhuo. nO'!O'~1 ,"",pr:II;,IO'! Bo/lld \1111 R~lro<l~r D'~G!OI E!jIl-.Jllda L~~h,

LIIIlOD, Ptw~pplna ttlUOIloII Po.ce (PNP) R.glOIloII Commlnd VIII; Mr10 Vllde,. G.R No_ 11,",4'. ~ 22, 1Q96

44

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F'1I<Jf' '6ol'20PlEB

e. Oppression

f. Dishonesty

g. Disloyalty to the Government

h. Violation of Law

Sec. 2. Definition of Offenses. - The Iorcgoing ollcnscs arc defined as follows:

a. Neglect of duty or Nonfeasance - is the omission or refusal, without sufficient excuse, to perform an ;lCt or duty whic.h was the peace officer's legal obligation to pcrforru: it implies a duty ;\s well as its breach.

b. Irregularity in the Performance of Duty - is the improper performance of some acts, which might lawlu llv be done.

c. Misconduct or Malfeasance - is t he doing, either through ignorance, inattention or malice, of that which the ofliccr had no legal right to do at all, as where he acts without any authority whatsoever, or exceeds, ignores or abuses his powers.

Misconduct generally means wrongful, improper or unlawful cond uct, motivated by premed i tatcd, 0 bstinatc or in tell tional pu rposc. It usually refers to transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it does not necessarily imply corruption or criminal intention but implies wrongful intention and not to mere error of judgment.

d. Incompetence - is the manifest lack of adequate ability arid fitness for the satisfactory performance of police duties. This has reference to any physical, moral or intellectual quality the lack of which substantially incapacitates one to perform the duties of apeace officer.

e. Oppression - imports an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority. The- exercise of unlawful powers or other means, in depriving an individual of his liberty or property against his will, is generally an act of oppression.

r. 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.

g. Disloyalty to the Government - consists of abandonment or renunciation of one's loyalty to the Government of the Philippines, or advocating the overthrow of the government.

h. Violation of Law - presupposes final conviction in court of any crime or offense penalized under the Revised Penal Code or any special law or ordinance.

RULE VII

ADMINISTRATIVE PENALTIES. J

45 r

Section 1. 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 Iinc

e. Demotion

f. Forced Rcsignat ion

g. Dismissal

Sec. 2. Limitation in the Imposition of Penalties. - If the

. penalty of suspension is iinposcd by the PLEIJ, the same shall not exceed ninety (90) days; and in case of forfeiture of salary the amount shall not exceed the equivalent of one (1) month pay.

Should the penalty of demotion be imposed it shall not exceed one rank lower.

On the other hand, the penalty of "Withholding of Privileges" shall be confined to deferment of vacation leave privileges, availmcnt of loan privileges and participation in training grants or programs and such other similar privileges normally enjoyed by civil service employees.

Sec. 3. Qualifying Circumstances. - In the dctcrminatlon of penalties to be imposed, mitigating and aggravating circumstances attendant to the commission of the offense/ s shall be considered.

A. The following are mitigating circumstances:

a. physical illness

b. good faith

c. length of service in the government

d. analogous circumstances

B. The following are aggravating circumstances:

a. taking advantage of official position

b. taking undue advantage of subordinate

c. undue disclosure of confidential information

d. use of government property in the commission of the offense

e. habituality

f. offense is committed during office hours and/or within the premises of the working office or building

g. employment of fraudulent means to commit or conceal offense

h. analogous circumstances

Sec. 4. Guidelines in the Application of Penalties. - The imposition of the penalty shall be made in accordance with the manner herein below prOVided:f

a. Like penalties shall be imposed for like 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 penally shall be imposed where only mitigating and no aggravating circumstances nrc ]HTSCllt.

c. The medium of the penalty shall be imposed where no mitigating and aggravating circurnstnnccs ;1J'(~ present.

d. The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstunccs arc present.

e. Where aggravating and mit ignlillg circumstances a re present, rule (b) shall be applied where t here me more mitigating circumstances present; rule (c) shall be applied where the circumstances equally off-set each other: rule (<I) shall be applied when there are more nggravatillg circumstnnccs.

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 chargc or count and the rest shall be considered as aggravating circumstances.

Sec. 5. Range of Penalties. The period of pcnult.ic s shall be as follows:

A. For Light Offenses

1. Minimum Period

2. Medium Period

3. Maximum Period

day to 10 d;IYS 11 clays to 20 days 21 days to 30 days

B. For Less Grave Offenses

1. Minimum Period

2. Medium Period

3. Maximum Period

31 days to 45 days 46 days to 60 days 61 days to 3 months

C. For Grave Offenses

1. Minimum Period

2. Medium Period

3. Maximum Period

3 months suspension demotion or forced resignation dismissal

Sec. 6. Administrative Disability Inherent in Certain Penalties. - The following arc the administrative disabilities inherent in certain penalties:

a. The penalty of dismissal, which results in the separation 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 government service;

b. The penalty of suspension, which consists in the temporary separati;eessauon of work of the :;spondcnt for the durat;o~ the r

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sanction, shall carry with it that of disqualification for promotion

corresponding to the period of suspension.

c. The penally of forfeiture of salary, which consists of an amount ',not exceeding one (1) month salary, shall carry with it that of disqualification for promotion corresponding to the penalty imposed.

\ RULE VIII

FINAL PROVISIONS

80ctiou 1.

Inconsistent with accordingly.

Repealing Clause, - AU issuances contrary to or this Circular arc hereby amended or repealed

Bc-c. 2. &1parabiltty Clause. - If any portion or provision of these Rules is declared illegal, the same shall not effect the validity and effectivity of the other provisions not affected thereby.

Sec. 3. Penalty Clause. - Any violation of these Rules shall be a ground for administrative disciplinary action in accordance with existing

laws and regulations. '

','

Soc. 4. Effectivity. - This Circular shall take effect fifteen (15)

days from date of publication in a newspaper of general circulation; and a copy of the same filed with the University of the Philippines Law Center In-consonance with Executive Order Numbered 292, otherwise known as the Administrative Code of 1987.

Approved this 24th

Philippines.

of .sliPTEMBER

----------------

at Makati City,

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J~P.A ~D LI \JR.

c\ Chalrper n

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Vice-Chairperson and Execu tive Officer

LINDA L. MALENAB-HORNILLA Commissioner

Attested ~y: ~' I

~)I'--ovl-_:j ~ '..--I ~OSALINDA • RUZ

Acting Board ecretary

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Republic of tile Philippines Department of lIle Interior and Local Covernrwont NATIONAL POLICE COMMISSION Makati City

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MEMOF{ANDUM CIRCULAR NO. ?OU2-1)11

OPERATIONALIZING THE PARTICIPATION OF LOCAL CHIEF EXECUTIVES IN THE ADMINISTF~ATION OF THE PHILIPPINE NATIONAL POLICE (PNP) AS PROVIDED FOR UNDER REPUOLIC ACT NO. G97!J, AS AMENDED

A.

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WHEREAS, pursuant to Section S1 of R.A No. GG7s:.~s'~I~~e';"cJ~d'.b·Y~'.S,;;,S,lic;>n~ 62 to 64 of n .. A. No. 0551, local chief executives have been grcmted. substantjal'.'pbwe'rs and

responsibilities in police administration, as follows: U(,1Ir'!(~~'i:' ,"1 .:.":. - 1---r"Jl f'o'["r-"

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Opcratlouul Supervisioll and Co nlr ol v L I!. C'" '_ ._.

"City and Municipal Mayors. - (1) Operational Supervision and Control. The city and municipol mayors shall exercise operational supervision and control over PNP units in their respective jurisdictions except durin~ tho thirty (30) day period immediately preceding andtho thirty (30) days following any national, local or baranqay: elections, During the said period, the local police forces shall bo under the supervision and control of the Commission on Elections." (Section 5'1 (b)('I), rtf\. No, GGIS)

POWERS

'I.

"Tho term 'operational supervision and control' shall mean the power to direct, superintend, and ovorscotho day-lo-day functions of police investiqation of crime, crime prevontion activities, and traffic control in accordance with tho rules and rojjulalions prornulqatcd by the Commission." (Section 62, R.A. No. OSS1)

"The control and supervision of anti-gambling operations shall be within tile jurisdiction or local government cxccutivos." (Suction G3, R.A. No, (551)

2. Authority To Exercise Aduriuistrntivc Dlsclplinary Powers

"Administrative Disciplinary Powers, - In lI10 areas of discipline, city and municipal mayors shall have tho power lo impose, after due notice and summary hearings, disciplinary penalties for minor offenses committed by members of the PNP assigned to their respective jurisdictions, as provided in Section 41 of this Act." (Section 51, (1J)(3), RA. No. Ga7S)

3.

Authority To Choose the Chief of Police

"Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial police director, preferably from tile same province, city or municipality: Provided, however, That in no case shall an ottrccr-in-cnartjo be desiqnatcd for 1I10re than thirty (30) days: Provided, further, TI18t the ioca' peace and order council IllOY, throuOh the city or municipal mayor, recommend tile recall or roassiqnmcnt of the chief of police wilen, in its perception, tile latter has been ineffective in combatino crime or maintaining peace and order in lI1C city or! municipality: Provided, finally, That such relief

~ha!! be lJ;:~~,~(1 011 UUiUCli/~~S/qSI~jl)liSI10d by tho Napolcorn." (Saction G3 (4) (i), ,//

n .• J,!,'.A. No. U~~ 1)) r.c"A.,.: \ ;J /vr

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49

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4. Authority To Rccouuuund I\ppuintmellt of New PNP Mcurbor s

\

"Authority to recommend from a list of eligibles previously screened by the peace and order council tho appointment of new members of lhe PNP 10 be assigned to their respective cities or municipalities without which no such appointments shall be attested: Provided, That whenever practicable and consistent with the requiromouts or the service, PNP members shall be assigned to tho city or mUflicijl81ity of their residence." (Section G3 (4) (iii), RA. No. (551)

5. Authority To RUCOIlIIIlOlIt.J llw Transfer, l1eilssiUlllllellt or Detail of PNP Membors

"Author ity to reconuuond lu lIle provincial director the transfer, reassignment or detail of PNP members outside or their respective city or town residences." (Section G3 (4) (ii), I<.A. No. OSS1)

G. Authority To Conduct Inspection ilnLl Audit

"As dcputiz ed ayenls of the Commission, lucnl governmenl executives, can inspect potico forces auct units, conduct uuciit, and exorcise other functions as may be duly authorized by the Comnussion." (Section G4, R.A. No. OSS'I)

O. RESPONSIOILITIES

1) Responsibility To Develop <HI lntcjjratcd Arua/Community Public Safely Plan

"Integrated Community Safety Plans. - Tho municipal/city mayor shall, in coordination with the local peace and order council of which he is the chairman pursuant 10 Executive Order No. 309, as amended, develop and establish an integrated area/community public safety plan embracing priorities of action and program thrusts for implemontation by tho 10CCJJ PNP stations." (Soction 51 (b)

(2), R.A. No. 6975) i

Z)

Responsibility To Sponsor Puriodic SClllinilrs for PNP Members

i

I

"It shall, likewise, be the duty of the cily or Illunicipal mayor to sponsor

periodic seminars for members of tho PNP assignod or detailed in his city or municipality in order to update them r8QCJrding local ordinances and legislations." (Section 51 (b) (2) para 2, R.A. No. G9"(5)

"

WHEREAS, under Section 31, R.A. No. G97G, 1118 appoinling authorities for police non-commissioned officers (Police Officer I 10 Senior Pohce Officer IV) are tho PNP Regional Directors for tile repional personnel, and the Chief, PNP for tnoriational headquarters personnel. Police commissioned officers (Inspectors to Superintendonts), me likewise appointed by the Chief, PNP. Tile President is tho appointing authority for Senior Superintendents and higher ranks;

WHEREAS, effoctive police administration at the local level requires a clearer delineation and operalionalization of the aror,elllontionCd statutory powers of local chie~ ~ ..

,fxeGutives;v: W ~ /'

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NOW, THEREFORE, THE COMMI!"')SION !-lAS r{ESOLVED TO r'>RESCRIOE, AS IT HEREBY PRESCRIBES the following \Juidolines in the exercise ~of the alorernontionod powers by local chief executives:

A.

1.

Power of Oporutionul Supervision am] Control. - Tile power of operational supervision ariel control portuins to the authority to diroct, superintend, and oversee the daily porlormanco of police functions at the local level to ensure the effective conduct of crime invostiqation, trallic control and crime prevention activities. (Sec G2, RA. No. OJG1). In pursuance thereto, City/Municipal Mayor is empowered to:

a. Issue directives for tile conduct uf operations to slop illegClI activities and neutralize criminal syndicates especially those ellgaged in l<.idnafJ-forransom, illeg81 drugs, lxml\ robberies, and illefJal gClmbling;

b. Determine operational strategies to be adopted to ensure efficient and effective accomplishment or police opor ations:

c. Direcl tno employment am.! deployment of units or elements of the PNP, through tile station CUJl1lf~<JJ1Uer, to ensure public safety and effective maintenance of peQCQ and Older within tho luc<.Jlity. For tllis purpose, the terms cniptoyniont 8nu u,cp/oYIlWllt 511811 mean 8S follows:

"Iitnploynuuit rnlcr s tu tho uliliz ation of units or elements of the fJNI) fur purposes uf protection uf lives anu properties, enforcement or laws, maintenance of peace and order, prevention of crimes, arrest or criminal offenders 81lU brill\Jin~ the ollcnders to justice, and ensuring public saloly, parliculnrly ill tile suppi cs sion of disorders, riots, lawlessness, violence, robullious emu seditious conspiracy, subversion or other related activities.

III CCJso of il 15111 ucncy, 1I W IJulice silclll support tho Armed Forces of tile IJhilippirlGs tllJuu~h inlorruation \J8tllclill\-.l and performance of its ordinary police functions oxcopl when tire President sllall call on tho PNP to support tho Al-P ill combat operations.

Deployment' Sl1811 mean tile orderly and orqanizcd physica' movement of elements 01" units of the I:lNP will lin the province, city or municipality for purposes or employment CJS herein defined." (Sec. 62, R.A. No. OGG1)

d. Bo updoteu on tho status uf ull-goin0 police operations and be furnished will: attor-oporalion IO/Jult:.;;

e.

Assess and eva'ualo lIIO overall effoctivoness of the police station as well <JS tho overall performance of tho Chief of Police and furnish the Napolcorn Roqional Director, tho PNI) Provincial Director and the Governor with copies of the evaluation report.

For the National !Cupitol I\euiun, the City Mayors of Manila and Quezon shall furnish the Napolcom NCH Regional Director, National Capital I~egion Police Office (NCRF>O) Director, Weslern Police District Director and tile Central F)olice District Director will: copies of the evaluation report on tile overall effectiveness of tho concerned police district olticos of the vvestem Police District and Central Police District.

For cities and municipalnics other 1I1Lln MOJlijo and Quezon, the Mayors

shall furnish tho Napolcom NCR F-{egionar"'Director, NCRPO Director, Pol!cc Dislri.ct Dircctor~ and .concemo.d Chief or Police with copies of "L)

I'IvYtholr evaluation reports Ion their respective police stations. J ~N··

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f. [30 furnished willI u;]I;.1 lIrl lilt} annual M8inlun}mco ~lI1U Other Operaunq Expenses (MOOE) LInd luqislicGlI cquipmonl allocated 10 tho police station in his jurisdiction 10 determine adequacy and judicious ulilizalion of Iinanciul and lo.jisticcl rcsourcou.

The Cily/fv1ullicipal M:I)!ur I1l<1y LII his drscrotion, lead or join police opera lions, whether ro.julnr or cpcciul, 01' ovorsco tho operations beinU conducted by police oporotu uj units,

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/.. Power To Dlsclplino P~Jr) lll:irurll1od Pcrconncl j.\Jsi~neLi Wilhin tile

Mayor'a City/Municipality. /\'0 Q disciplinary authority, Q City/lvlunicipa!

Mayor shall:

a. l-Iavo jurisdiction over ciliznn's complaint when tho olfonso <Jllogou 10 have boon commillod I)y 8 IJNI:l mombor is punishaulo by vvithholdinq of privilcqos, restriction lo spociliod limits, suspension or forfeiture of salary, or any combination thorcot, lor 3 period of 1101 less tnan sixloen (1 G) U3yS but not oxcocdinq II urty (30) days; (88C. S2, I-:;:'.A. No. OSS1)

b. Hefl)I' 10 IIlO I"LEU <'1 cilizell's cUflip/<linl rfluu with his orrtce when the offense ;]llcged 10 hnvo boon conunillod by <'1 PNIJ member is punishable by a penalty higher 1I 1;)1 I 30 days Iorloituro of salary or suspension: (Soc. S2, RI\. No. OSS'I)

,

c. File will I tho appropriulo IJt\jP disciplinary authority a complaint againsl any /:JNP member in Ili!,lllOr cily/municipality [or brooch of inlernal discipline pursuant lu ~;( .ction SS or tho lmplcmcn ti nu Rules and r<"C\:jllIClliul'1s or I~.A. Nu. ased.

"Sec. 55. tntct nn! Dl scintino - In cJoolifl\:j with

lJ(0<.1(;11 or iIlIC?111,JI clisciplillC, illcluuill\:.l minor ollonsos. committed uy any member, UK! uuly uGsiQfwleu supervisor or oquivolcnt o[[ic()l' of tho ("JNP ~;h~lll, alter cJue no lice and summary hcarh ILl, UXUI ciso discipliuury powers LlS fulluws:

a. Chief of Police or equivalent supervisor may suuuuurily impose tim administralive penally of nclmonition or reprimand, restriction to spocifi~~Hj limii s, wilhhuluinu of priviloges, Ioi loiluro or salary or suspension, or any cumbiriation (If 1110 (U(CqUill\:f Ptovided, Thal in nil cases. tho total period Sl1811 nol exceed II([f)Cll ('IS) days.

;llio supervisor equivQlcnl 10 a Chief of I-)ulice i is tho ollicet-in-charqc ol tho police ~:;ltlli()l1! tile district commander of lhe PNP lVlullilc:;' F orco. or any otl ier ufficer classified as

sucl I uiy 1I 10 Couuuission: .

b. Pr oviucial Diroctor UI euuivalon! supervisor III,ly Sllllllll~lf ily iIIIPU:_jU tl io udministr alive pOllGlly of admunilior: ur reprimand. restrictive custody, willlilUlcJI11U of privileqes, forfeilure uf S;:J!<-lfY: or SlJSjJOI1Siufl, or any combination of 1I m IUI:e~loin£.J: PIOVl(i(3(/, TI1Cll, ill all cases, the

I.:()ll.ll pCliud shall nol GXCQOU thirty (30) uuys'l j/!\'_/)

~IJ'" " ! _/' lf~ I vT

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1) WllU11 tho charuo i!; SUI iuus <JIllJ tho ovidcnco of \:juill is suonq;

2) when the respurldunt is a recidivist ur has been repeatedly charqorl and thoro oro reasonable yruulluS lu uoliovo that he is \jllilly of the cl ianjo:

3) whor: rcspondonl i~) ~JlIilly uf a serious ollouse involvinj, conduct 1I11UCCul1lin\j uf n I .olico olliccr;

4) whon a IJNI) IJIUIJJl1tn is UII /\WOL fUI ~I cuntiuuous puriuu of thirty (3U) U"lYS or more.

e. OLJSOIV8 i.llllilillisllcilivo (ille process ill llle il1vosli\j<:lliun, hOCJrillg and adjudication of citizen's t:( nuplnints:

f. Cum ply wilil tilo proc(HIIIIO proscriuou under Napolcoru MemorancJurn Circular Nu. 81-000 as Iollovvs:

"Soc. '1. J.~.IUCCUL_'IO. Tllo city/municipa! Mayor

shall. motu pr oj.» io, or: UpUI1 written complaint of CJllY person, illvcsli~J,ll(? tho F>NP IIIGmUer fur "my minor offonso will iin his discipliuruy jurisdiclior: in accordance willi tho fulluwing procouu. o.

a. Tim ro spoudoul sl,bll uo inlon nod and [wild leu will: a copy of lilo cuniplalnl ayCJinsl hiru ;lI1U WiVQll the opportunily lu answer lile sumo ill wrilillS), vvilhin fUlly-eiyhl (·40) hours f I Uill I ace i pl thereof.

U. 111 his answer, the respondent shall slate vvl tcll rcr or not he elccls 8 summary illV8SliU<.lliuII. If not, the cily/municipal mayor shal: inuuediatcly render his decision on the cnsn, which shall be ill wrilillU and based 011 tho subuuttou ovidcnco uf lI1C parties.

C. II tho I ospondonl asks fur 0 summary illVC:;li~.Flliull, the same sl1<111 talco place within lwonly-Iour (.2tl) hours attor receipt of his answer and he should thereon LJe allowed tho opportunity lo present wilnesses and other evidences ill his behalf 811cJ 10 cross-examine lIle witnesses oQoillsl him.

Direct oxumination of witnesses shall be dispensed with. ln liou thercor, the city/municipal Mayor concerned shall require each party emu their witnesses lo submit their tostiruonies in allidavil form (duly sworn lo) subject l~ tho ri~hl of cross-oxarnination by tho other !J8Ily.

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Postponement of invcstiqation shall be v:J

discouruqcd emu allowed only in meritorious $J.--I-

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II W! ~;I'I)QI visor 'aljuivCJlolll lu CJ IJNP 1"l)vlllI:i:11 Uil(?clur IS lim 11·lu;ld uf ll ro 1~{?~li( 11 1,,1 MulJilc I: DIUJ, lila IllJ~IU ol ll ro

r~{~qi( II t:1I Ullil uf /\ulllillisllcllivlJ elilU

OI)(~I;"'(Jld N;'lliullcll ~jll)JJJull Units, lhe Uil ()r~11 II' uf ~I Polico DI~;11 iet Olf icc, UI· ClIlY ull WI ollicor clas siliou <l~ sud I by lIK~ CUI1"llis~~iuII;

c. POJic/~ neqilJllaJ Diruc tor UI cquivalcnl SI 'I)()' visor ~;llGIJ Ilelvo II If] JJuwor lu iuipuso LlIIUII ;1I"IY 1l1(>llliJcr Iho cldillillislr[lliv{) f_!Gnolly ul di'3111i~,G(11 (IUIlI lho service. 1-10 IllCJY also ""f){I~;O lIle! pCllillly of <:.lullJ(miliull or 'r.IJlIIII~II]{J, r cstr ictivo cusludy, wiliJhului'l~1 of pi ivil('\jos, ~;ll~;JJe'lSiul"l or fUlfeillll() of salary. 11LmlrJIIUI1, or any CUlllUill<:.lIIUII of lho I(}WllUi'I~1 Provide,', Tfl':'ll ill <11/ G1Se~;, lho total Ill?1 iot.l shall not exceed sixly (GO) days.

Till) ~;IIJ)lnvi~;ur (J1Illiv;:lIClll 10 '::J PNI) I ~l?\ )IUI kd Ilil uclor i~; ll u: U" UclUI of (J I) i'l I) cIUllllllisll,lllVI? or UIIUI<.lllulkli SUIJIJUll unit ur UI I)' ulllUr olliccr ci<.]ssilied as such uy tho Cu I" 1I1ISS lUll; <.11 HJ

U. "Ill(! Cl iiuf 01 LIla PNI) sll<:lll IILlVU 1I1D power lu illl[)U:;u ll io 'IUlllilllslr<'lliv{) punalty of disrnissCJI f'UIII the service, suspension or Iorloituro of s<lI~)IY, or any combination thereof for Ll period nol c'xcoeuill(j one hunurou oi~llly (1 eO) Ui..1YS:

Ptoviclctl, That lho Chiof of lho I:JNP shull Il\JVC the aulhorily lu pli..1CO Q PNP member under rnslriclivo custody uurinfj tho pondoncy or <:111 administrutivc case for a urovo offense ur ,I crimina: coso fur <J serious urfon:";(J fliou <-l'-FliIISl slJiu 1110111uer.

i

"Breach of internal JisciplilllJ rulers lu <:.lily offcnso .couuuitlcd by <'1 IlIUllllJL~r of the [JNI) ulfuclillU order ;_HlU discipline within tile police olucmil.lJlior1.

j

"A minor ollonso shall refer to any act or omission nul involvirn) IlIUIi·ll turpitude, out <:.lfrecllll\j tho internal ui::;ciplino or tho PNIJ, LlIIU shall include. but shal: noL be liln/Lod Lo:

("I) Silllpic misconduct ur rlGuliuonco;

(2) IIlSulJUI oination:

(3) Frequent absences elilU tarumess:

('I) Habitual drunkenness: and,

(G) GlJllll.Jlill\J 1)1 ullil.Jilou by law."

u. As ou!horizec.1 unc.1cr Sectiull G<') uf H.A. Nu. D5S1, file with tho National Police Commission. the Chiof uf lII8 PNFJ, or the PNP ReuiunClI Director, who are vested with sunuuary disnussa' <Julhurity under Seclion 53,

R.A. No. e5G"1, 811 adruiuisuativo cUlllfJlClir Il Q\:jClillsl any PNP nlembo~AP

under tho rulluwin\) casos, \ ~_,

~y ~. .v > - ~)l) .o-

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e.

Tho investigation shall be completed within seventy-two'(72) hours, and the city/municipal Mayor shall render his decision in writing within twenty-four (24) hours thereafter, copy furnished the Chief of Police and the PNP Provincial Director.

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Decision, as used herein, is the written finding by the Mayor that the respondent is guilly or not- guilly of the offense charged, and tho unposition of the appropriate ponally in case of conviction. Il shall contain the charge, name of respondenl and his rank, his station or pulice un,it, a brief statement of the material and relevant facts, findings, offense committed I and penalty unposed, if found guilty."

g. Recommend to Chief of Police the preventive suspension for a period not exceeding ten (10) days of any officer or member of the police station within !lis jurisdiclion if it is established by convincing evidence al anyi lime during the hearing lhal respondenl is exerting ellorts] to harass, intimidate, coerce or unduly influence the complainant or any of his witnesses into withdrawing his/her complaint jor rotraclinq his sworn statement

againstlhe former. ; •

3. Authority to Choose the Chief of Police - In the exercise of the authority to choose the Chief of Police in his locality, the City/Mumclpat Mayor shall be guided by the following:

a. "Oualltlcauons of Chief of City and Municipal Police Stations - No person shall be appointed chief of a city pollee station unless he/she is a graduate of Bachelor of Laws or has finished all the required courses of a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, or any other related disciplines from a recognized institution of learning. No person shall be appointed chief of a municipal, police, station unless 11e or, she has finished at least second year Bachelor of Laws or has earned at least twelve (12) units in a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, or any other related disciplines from a recognized institution of learning: Provided, That members of the Dar with at least five (5) years of law practice, licensed criminologists or gradu8tes of the Philippine National Police Academy and who possess the general qualifications for Initial appointment to the PNP shall be qualified for appointment as chief, of a city or municipal police station: Provided, further, That the appointee' has successfully passed the required field training program and has complied with other requirements as may be established by tile Commission: Provided, furthermore, That the chief of police shall be appointed in accordance

with the provisions of Sectio~ 51, paragraph (b), subparagraph 4 (i) oy~ ... "._

. fR.~697V ~ I /Y .

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b. Procedure in the Selection of Chiefs of Police (COPs) of Municipalities and Component Cities:

1) COP for muui cipnlitics and compoucut cities

a) The Provincial Director (or District Director of tho Southern Police District, Eastern Police District or Northern fJolice District of 1110 NCI~PO) through the PNP H.egional Direclor shall submit within firleen (15) days before the expiration of the lour of duly of tho incumbent Chiof of Polico, a list of Iivo (5) qualified eligibles, together with their personal information folders, to the Napolcorn f-{egiunal Director for review and confirmation of their qualifications within five (5) worl<.inu duys Irom receipt thereof.

In e8GOS whore tho lour of duly of all incumbenl Chief of Pulice is shortened due 10 tho cxiqoncios of lhe service or maintenance of tho intcqrity uf the police station, tho Provincial Director/District Director shaf submit, within five (5) days after the relief or reasstqnrnent, tile list and personal u uonnation Iuklors of fivo (5) qualified eliGibles to ' tile Napolcom I"<ouiunol Director, through the PNP HouiunCl/ Director, fur review and confirmation within five (5) working days: Provided, That tho Doputy Chief of Police shall

I

perform tho functions uf tho roliovourroassiqncd COP until

a new COP or an OIC has been dnsiqnaled.

b) Should lim Napolcom I-{egiorll.ll Oircclor (incJ the lisl of qualified and eligible reconuucndces in order, he shall confirm tho same, and for tilwitll return it to the PNP Provincia: Director/Districl Director through tile PNP I~egional Director for immeuiatc transmittal to the Cily/Municip81 M<Jyor for him to selectlile Chief of Police of the city/municipality, within five (5) worl,ing days from rocoipl tilUI col.

c) If any of tile submitted recommendces is not qualified for assiqruunul/dcsiqnalion as Chief of Police in accordance with existinq laws and regulations, the Napolcorn Hegional Director, withir: five (5) workinq days from receipl of the list, SIIOII return the same to the PNfJ Provincial Director/District Director !llrul.lull the I)NP l{u~JiuIIl..l1 Director st<Jting therein the rcasorus) with the specific instruction to replace unqualilicd roconuuondcots) with qualified officer(s).

d) Wilhin five (5) wurl\ifl~J days IIOIll receipt of the list of the five (S) reconuucnuccs. the City/Municipal Mi:1Yor shall evaluate and siunify his/her choice of Chief of Police in writing 10 the PNPi Provincial Director/District Director, who shall, thereupon, issue tile Order of Assignment.

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e) ShoulcJ tile MayorIail to cI"lOOS(~ tile COP from among lhe five (G) reconunendcos wilhin the prescribed five-day period, he SI18II:

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return within five (5) wuil\ill'd days tile list/folders to

tile PNrJ F)i·ovillciClI Director/District Director st<Jling~!

. \r"'/lI1:)~<lsonl for his non-selection of the cor /"

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2) mquil e tho PNP Provincial DireclorlDislricl Director lo subnut a replacement iist within five (G) days Irorn receipt thereof;'

:3) ret;Ullll1lUflU lile dosiqnation or CJ qU<.Jlifiou Officer-inCh<J1 UG (OIC) fur a period not lo exceed thirty (30) days.

Should the Mayor Iail lo select from tho replacement list, Iho Mayor or the PNP Provincial Director/District Director shall elevate the matter to the Napolcom Regional Director sl~ling their reason(s) for non-selection. Tile Napolcom r~eQional Direclor shall resolve the conflict within five (5) uays from receipt lhereof. The decision shall be immedialoly executory unless appcalod to tho Commission en bane for resolution wilhin five (G) days.

f) The PNF) Provincial Direclor/Dislrict Director shall furnish lhe Mayor, F)NP and Napolcorn I~egional Direclor copies of the Order of Assignment of the Chief of Police or the Dosiqnalion of the OIC, as tho case may bo.

(See Figure '/)

2) COP for 1·li~llIy-Ull.Jallizcd Cities A.lIlU luucpcndunt Component Cities, Includill!j tlro District Director of tho Cities of Manila and Quezon

0)

The PNP l~eyiolliJl Director shull submil wilhin fifteen (15) days beloro the expiration of tile tour of duly of the incumbent Chief of Police, the lisl and personal information folders of five (5) qualified eligibles to the Napolcom Regional Director for review of qualificiJlions and eligibility,

III cases where tho relief or reassignment of the incumbent Chief or Police is uryonlly raquireu by needs of the service or reinstated lo maintain tho inlegrity of lhe police station before the expiration of his lour of duly, the Regional Director shall submit, within five (5) days after the relief or reassignment, a lisl and personal information folders of five (5); qualified eligibles to the Napolcorn Reqional Director, for review and confirmalion wilhin five (5) worl~ing days from receipl lhereof: Provided, that the Deputy Chief of Police shall perform lhe funclions of the relieved COP until tile now COP or ole has been designateu.

b)

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The Napolcom Regional Director, within five (5) working

days, shall evaluate the qualifications and eligibility of the recornmendees and return the list and raiders to tile PNP Reqional Director.

c) Should the Napolcom Hegional Direclor find lhal any of lhe recornmendees in tile list cloes not meel the qualifications

and eligibility, he shall relurn the lisl to the PNP Regional Director slelling therein tho reason(s) wilh lhe specific instruclion .lO replace unqualified rocornmendoej s) will~ >U

yqUalifiOcJ ~~f.icer(sV ~ ~

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2) reuui: o tho PNP Provincial Director/District Director to submit a replacement list within five (G) days Irorn receipt thereof;

3) rocon uuond the dosiqnation of a qualified Officer-inCllzlIue (OIC) fur a period not to oxcccd thirty (30) days.

Should tho Mayor Iail to select Ir orn tho replacement list, tho Mayor or lho PNP Provincial Directur/District Director shall elevate the matter to the Napolcorn Hegional Director stnting their reason(s) for non-selection. The Napolcorn f~ogional Director shall resolve tho conflict within five (5) days from receipt thereof. The decision shall be immediately executory unless appealed to the Commission en bane for resolution within five (G) days.

f) The pr\.JjJ Provincial Director/District Director Sh811 furnish ---; the Mayor, I)NI:J and Napolcorn F\e~ional Director copies of lho Order of Assiqnment of lhe Cllief of Police or the Designation of the OIC, as the case may boo

(Sec Figure '/)

2) COP for Higl1ly-UdJ .. mizcdCitio s .:Ha.J Independent Component Cities, lncludinu UIO Dlstrict Director or tile Cilies of Manila and Quezon

I

u) The PNP l~ogioll81 Director sh811 submit within fifteen (1 G) days beloro the expiration of tho tour of duty of the incumbent Chief of Police, the list and personal information folders or five (5) qualified eligibles to the Napolcorn Regional Director for review of qualifications and eligibility.

III C<1S0S whore lho relief or reassignment of the incumbent Chief of Police is urgently required by needs of the service or reinstated to maintain the integrity of the police station before the expiration of his tour of duty, the I~egional Director shall submit, within five (5) days after the relief or re assiqrnnent. a list and personal information folders of five (5) qualified eligibles to the Napolcorn Rcqional Director, for review and confirmation within five (5) working days from receipt thereof; Provided, that the Deputy Chief of Police shall perform the functions of the relieved COP until tho new COP or OIC has been designated.

b) The Napolcom Hegiollal Director, within five (5) working days, shall evaluate the qualifications and eligibility of lhe rocomrnondecs and return the list and folders to the P NP Regional Director.

e)

Should the Napolcom Roqional Director find that any of the recomrnendce s in the list does not meet the qualifications

and eligibility, he shall return tile list to tile PNP Regional Director sl8ting therein tho reason( s) with the specific instruction to rePla.ce unqualified rocommondoe(s) wilh.~ >U

.(quJ~~~~ricer(lV ~ ~

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FIGUI~E 1

Process Flow ill tho Scluction of Chief of Police ill a Municipulity/Component City

PNP Provincial Ililor.lor submits within JiII<!~11 (1S) davs baloin 1110 oxpirnlion 01 1110 louI "I dilly 01 incumbent GOP, 1119 lisl 01 fiva (5) eliqiiJlp'~ I,) Iha Napolcorn ReyionilJ [)ilector Ihlu 11,0 I'J,jJ) Reuional Director

Napolcom ROlliollfll ilil color receives li~I/I()ld'~1 s lor verilicalion 01 IOCOIl1l11fJIlUOOS' qUillilicillilll1!\ and olilliLJilily willli" livn (S) wOlkil1U dilYS 1111111 receipt thoroot

F old'!I/l hlCIJl \ 1{)1I1~ 01 Ille Eliyililcs

Nu Napolcotn nu returns 1110 lisVloluols 10 PNP Provincia! Director lhru Iho PNP Regional

/"- .,. Duoclur 5101lil1\1 11,0 reasons lor t.isquolilicalion

will! specific inslruclion to replace unquolifeu rocollllIlUIIUUU(S) with qualified ollicor(s)

Nnpolcom 1m returns IisUIl~dors to PNIJ PlOvillciaJ lJilOclor ""U Iho PNP HuyioliDI Ditoclcr

PNP Pf(}vinci<11 lJireclor 5ulJlllils lisl 01 five (5) oliuillies 10yeUler with their loldors

Cily/Mullicipill Milyor receivos lisl!lolu\1l:;! documents nnd ovnluntns

Cily/Mullicir(l1 Milyor endorses choice 10 PNP Provincial Director

PNP Provincial Director receives endorsement and immedately issues Order of Assiqnmenl

PNI) Provincial Director lumishas copies 01 Order 01 Assignmont 01 Iho Cilief 01 Police 10 1110 Mayor and 10 1110 Napolcomand PNP f{euion\.ll Directors

Mayor (liid NapolcoCII and PNP r{e\lioIlClI Ouoctot s receive tholr copies ol Ihe Ordor 01 AssiYllrnolll ol 1110 Chiol of Polico

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Fotdct/Documcnts 01 ] lho [iiyilJlus •

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1110 Muyor shell:

a) relurn within livo (5) working days Ihe lisUloluUIS 10 tho PNP Provincial Direclor/Disukl Dirodor sl(lling 1110 reasons (or non-selection 01 tho GOP;

b) requiro tho PNP Provincial DiroclorlDisllicl Ouoctor 10 submit a roplacomont lisl wilhin livo (S) l,bYG horn I ocolpt ol tho Iirnt liat;

c) rocotnruond lhe deslgnalion 01 qualiliou Olllcor-tn-Charqo (OIC) lor D period not 10 exceed Iltil Iy (30) dJY:;,

Shoulu tho Mayor lail 10 select Irorn Iho roplacomont lisl, tho Mayor or tho PNP Provincial! Dislricl Dileclor shall elavalo Ille moiler 10 UlO Napolcom Rouion~1 Director slalinq 1I1Oir roasonts) lor uon-setoction. '1110 NJPolcofl] Heyioni.ll Direclor sh\.lll resolve the conllicl 'uilhin fivo (5) <..bys Irom roceipl thoreol. Tho decision shJII bo immedintely executory unless appealed to UlO Comnsssion en

bane fur resoluion wilhin fivo (S) days,

PNP Provincial Dreclor receives recorrmendabon fur the de5iYll<llion 01 OIC lor a period not 10 exceed Ihirly (30) days and immediately issuos a Dosionnuon Order 01 1110 Ole

PNf) Provincial Director lur nishus a copy 01 Desiynation Order 01 OIG 10 lho Mayor and Napolcorn HD

_t

Mayor and NilJlolcurn HI) rocuivo UlOir copies 01 I 1'2"10 Desiyn\.lUon Order ol lha OIG

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d) Tho, PNP r~,ogional ~jrGCIOr sJ:8J1 Ir8nNnil the list of qualified cl'Ululos previously roviowcd uy tho Napolcom Region81 Direclor to Ihe City Mayor for him 10 select his COP, or tho District Director in the case of the cities of Manila and Quezon, wilhin five (5) days from receipl theroof.

i'.

Tho City Mayors of Manila ano Quezon select tho Western Pollee Dislrict Director and Central Police Dislriel Director, respectively, from a list of five (5) qualified and eligible officers submitted by tile NCHPO Director.

e) The Cily Mayor shall signify his choice in wriling to lhe PNP Regional Director, who shall theroallor issue the Order uf Assiqruuout.

f) Should tho City Mayor Iail to choose from arnoriq tho five (S) rcconunendces within tho proscribed fiVO-U8Y poriorJ, ho shall:

1 )

rolul rl within five (5) wurl,inS:J days the iist/Iolders to tiro PNP l~eQiun81 Director slalin\) 1110 reasons for non-selection of tile COP;

I

J)

require the PNP I'-{UgiullClI replacement list within five

lIlel eof: !

, I

recouunend 11m uosi0n8lion of a qualified Officer-inClltlrge (OIC) for a period not to exceed thirly (30) days,

Direclor to submit a (5) days from receipt

•

2)

Should the Cily Mayor fail 10 seleel from tho replacement list, tile Mayor or the P N 1=1 Regional Direclor shall olovote tho matter to tho Napolcom Regional Director slatinq 1I10il' roason(s) for'! non-selection. The Napolcom Hegional Director shall resolve tho conflict wilhin five (5) days frolll receipt thereof. The decision shall be immediately executory unless appealed to lho Commission en bane lor resolution wilhin five (S) days.

I ,

g) Tho PNP I=<ogional Director shall furnish lho City Mayor and the Napolcom Regional Director copies of the Order of Assiqruucnt of the Chief of Police, inciuLiing the Dislricl Director of the cities of I Manila and Quezon, or tile

. Desiqnalion Orclor of the OIC, as the CC1se may be.

(Sec Figure 2)

3) Station Conuuandors of tho i Western Police District C1nu Central Police District (City of Manila and Quez.on City)

a)

The Police District Director sllC111 submit willlin fifteen (15) days before the expiration of the lour of duly of lhe incumbent Station Commander tho lisl and personal inlormation Iolders of five (5) qualified and eligiblo officers to the City Mayor, copy furnisheu Ihe NCHPO Director and

the Napolcom NCr..z [-\ogional Director, for evaluation ane:, W

·~(For ~9 ~

PIOCCSS, Flow in til(: ~'.;I':';;l~v;. ,A:_;:w:l ~jl ~,:,-,!(u.!

in Hi9h:y Urb<lnb:ed City (lIue}, Indopclldr.m/, COOlPPllC'll{ City and District Director tor ttw Cities 01 Mallii;) and QW':7:on

II f' .'

0) The Cily 1'v1;~y(Jr receives list/folders of the five (5) recornmendecs Irom Ihe Police Dist\ict Director.

c) Within live (G) workin~ Jays Irom receipt of the list and personal inlormalion folders, the Cily Mayor shall evaluate the qualifications and eligilJility of tho rocornmendens and endorse Ills/her choice in writing 10 tile Police Dislrict Direclor, who shall, thereupon, issue the Order of Assiqnn 1811t.

d) Should 1I18 City Mayor Iail to choose from among tile five (S) reconuuondees wilhin tile prescr.bcd five-day period, he shall:

1) return within five (5) worl~ing days the lisUfolders to the I }olico District Direclor slatino the reasons for non-selection of the Station Commander:

2) require the Police District Director lo submit a. replacement lis! within five (G) days from receipt ther ool;

3) recommend the desiqnation of a qualified Officer-inChnl\_jo (OIC) for a period nol lo exceed lhirly (30) days.

SlloulJ tile .Cily Mayor Iail 10 select from lhe roplacomont list, lIW Cily Mayor or the Police District Direclor sl1<.111 elevate the matter lo the Napolcom Reqional Direclor stL11ing lheir reasorus) for non-selection. The Napoleon: Region<J1 Direclor shall resolvo the conflict wilhin five (5) days from receipt lhereof. The decision shall be immediately executory unless appealed 10 tho Commission en bane for resolution wilhin five (5) days,

,

e) Tho Police District: Director shall furnish the City Mayor, NCRPO Director and Napolcorn NCR Reqional Director with copies of Order of Assignmenl of lhe Station Commander or lI,8' Designnlion Order of the OIC, as lhe

case may bo. i

(Sec Figure!2-A)

I

!

c. Limitations in tho Selection of Chief of Police (COP) and Officer-inCharqo (Ole). - The following shall be observed:

1 )

No aile shall be desiqnated Chief of Police or Officer-in-Charge unless he/she meets tho qualifications for such posilion as provided for by law.

2) Tile PNF> Provincial Director, District Director, or Reqional Director. as the case may be, shal: include in the list of recornmenceos such officers qualified for designation a~~

I ~)r'co~;e presently assiqned in tile police staHr .:

01

"

. '

.. ~ ~ "," ~ " " -,

Process Fio\-i 11\ the ~;I:h:'.li\)l\ I.lf ~;;,_I\;Oli C\-''')\\~'llld<:i'; of Ow V\/estl!(o Police Di: . .;i,ict dnd Cc .. :.t~d p{_,nr .. ,,~ District

t' -.- --.----- ---- -- -.-

I lito I'vht;o UI~,III!;t P;:(~CI'" ;.d~jli;_'; Wil!)!i\ ,'dl"I';'- (I~);-!

day~; I~Jlt>lo lilo (j1.I,jJ;II,()1l \)1 lion iOIl> </1 .;,.1·/ <,1'11\,', : ~il(:urJ~:nt Slatlo)) l;I.~!I!ll.iJI,_fIJ,.'lIo ho;\ dilli !1I;1~:I~:"11 I )n!Ofifl<lltOfi !oldOf:, O!lIVO ~~) (~!lqllJht IJIII:~BIS io il\u \,;11 I Mayvr. copy 11I1tlIsl.t!d n 10 Net ~I'O Dill]C[UI ;nld IIle i

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[ Pohca District DIH){;l()l- rseucs Older 'JI 1\3sipllllwnt ol . L U~fl SI,,\iol) ComnlOll<Jur I

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t AsSli)mnolll ;0 Clly MaY'jl, t!Cf~PU Ul1c,,[('r ar)(; N.;lpnicuill 1\ICr~ t )<lo(;k"

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Lily MdYor, I!Cl{Pu Uilndor and Napu/v(l1Il NCI{

lJimdOl feceive t:q,jes \A Qnklr 01 J\sSlUmn,ml o! U II) I Slalron Cvmnanoor .

_______ . __ ~_ .. _~ . :. .. .J

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!;.-Ih.1!n ~!n\1:ili jIV"l I:~») \~U'T<ifi'J ;jdy!'~ U:(, J

il.~;'Jr,-"'jCI" to I.' III f>0!jl;~) Distric; uJwdo( I .r~,al!""q U If;- ; i ',:l~;I.'ll!~ 101 ili.Jn·:J,ele·:;t~()i~ o~ 1

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J·)q.tI!'l l~)() Pdi\;G Ddli(;1 (),r,JdOI 10 I .';'lbillil <I I('pbo;r~llil'lil ii~1 withIn livn (bl , .j~I'(, II, ,III I \~I."',p( th(,,,_.,jf; • , I "~I""n'J:':II" !il(, ,j,,!.'q,j;-/{J(H) :Jf qlJillillod • ()1~1,.,r II, (;Ii;'OJir: ((::Cj 1'.'1 • .1 pr:llod nol lo I cn:l,ld liliity ~:)Uj (];"{:'i.

'vj

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:)lIl>llld.lH' CI;.! tyl<\'1.,jf lilll ! ... ) :;ducl horn tho wp'aw! I\V; I~ :i5i. \I:n Mayor or UI<:J Poiic(J District I );If;(;,Ur \'I'i-\i! .,!uvail3 tho rOul!!)!' 10 the Napclcom i~qli\J:'~I: [l"Ul.:lOl Gtalill',j [heil 18<1$On((:) for non.. ,', ..•.... , -rim I'bl)oli.ow ({'Jll!o(,al UirOt;IUI ';'klli '''~l)iV8 l/It, ulfillict '''','II!''~I 10", IG, '::ws flom "A,)ip( 111(::1';01. Iii\'! tiGcislo'l ~k!l! ue II: u r .... '·.""d, f!.":cul,)£y UI;!C:;:; a'1'cal(!d If) Iho Commission tn

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r ;;~;;:" ';':";;,'-Ui:;;'''' ,;ci"" ,"''''';;.~f)(.lotion fOf

tl'f) dfq'cF;~ili()1l 'Jl Ole, 1,;~U{)3 D(::~igf\ation Of 001 .l'id r,;,,~1(hs lim City MayDr. NCR PO [)irGdor and

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. --_._" __ " -- . --~==[~~==-------

C/ly "/ld,1 . NCHPO Director and Napoleon rJCR

I PU~J\'ii Id: l iwdor rec~jvfJ copies or tho Ofjsignauun U\dl1l d lill) O!c. \

L ,;) . ----_. ---- ---,.---.- .-----,,-----.- --n)

/iV,u ~r

/

•• 1 .'

3) In case there <:11 U no qualified officers in tho police station, recornmondoes shall be considered accordinp to the following priorities:

1s1 priorily

those assiqncd lo cities/rnunicipalities within [110 province, inclueJing lhe Police Provincial Office (PPO) 8nd Dishicl Olfico

2"<..1 priority -

those Clssigneu to citios/municipalities of other provinces wilhin the region, including tho Police Rcqiona: Office

JT<..I priority

those ossigncu to citios/rnunicipalitios outside of the region (other Police Regional Offices, Nalional Hoadquartor, National Support Units)

4) A certification as to tho non-availability of officor(s) qualified for. dosiqnation as COP/OIC shall be issued by the Police Provincial Director, Police Hogional Director or tho Director of the Diroctorate for Personnel and Records Manaqorucnt (DPf~M), as tho case may be,

5) Any police officer who is qualified but refuses to be c.Jesignatec.J as COP/OIC sh811 execute a waiver stating the rcasonts) for his/her non-acceptance.

4. Authority To !1CGOIllITlCIiU tile App o lntrucnt of PNP Mcrnbcrs Under Section G3 (11) (iii) of R.A. No. IJGG1. - In tho exercise of this authority, 8 City/Municipal Mayor shall be fjl.liueu by tile followin\:j:

a, Goneral Ouallllcutlous for Appointmcut to L1w PNP. - Pursuant to Section '14, RA. No. OGG1, I"lU person shall be appointed 8S officer or member of tile PNP unless he possesses the following qualifications:

1 ) 2) 3)

A citizen of the Philippines; .

A person of gouc.J moral conduct;

4)

Must have passed lho i psychiatric/psychological, drug and physical tests to be administered by tile PNP or by any Napolcom accredited government hospital for the purpose of determining

,

physical and mental hcallhi

I

Must possess 8 fUIIII<.l1 baccalaureate uogree from 8 recognize I

institution of [earning; I

I

Must be eligible In accordance with tho standards set by the

Commission;

5)

G)

Must not have been dishonorably discharqed from military omployment or disrnissod i for C8USG from any civilian position in

tile Government; !

I

Must nol 118ve boon convictod by [ina] judgment of an offense ,or0

crime ill.VOIViIl9 llluralturPitudev; ~ Y'

~ J-!. )

63

7)

r-10' • I

0) Musl bo at Icast UIIO motor and sixty-two \.;entilllotors (1.G2 111.) in heiuht for male and one motor and fifty-seven centimeters (1.57 Ill.) for Iemalo;

9) Must weigh not more or less than five !\ilograrns (5 I\gs.) from the standard weight curresponding to his or her heiqht, age, and sex; and

10) Must not be less them twenty-one (~1) nul' moro than thirty (30) years uf age. (Section 14, H.A. No. 0551)

U. Eliyiuilily Standards UI Iller Napolcorn Re s olution No. 2002-034. - A proposed appointee must possess the appropriate eligibility acquired from any of tho Iollowino oxamiuations:

1) IJNF' Entrance Exaurination

2) 1\.1\. Nu. '1000 (U~:I1 ':lIld Uuard cxaruu rations)

3) n .. A. No. G50G (Licensure examination for criminolouy graduates)

I

4) P.O. No. 907 (Gr cHltillQ Civil Service Eligibility to College Honor

Graduates)

C. Procedure. - The fulluwill\J are tho procedures in the recruitment and appointment of new members of the! PNP:

1 )

i I

Pulice applicants submit their application papers at the Office of

the City/Munidp<J1 Mayor. i

I

i

In caso t:ll'plications for police appolntmont are filed wilh

any of the PNP ollicos, the applicants shall be advised to submit their papers alU'18 Office of the Mayor.

2)

Irnllledi8tely upon receipt of lho application papers, the Mayor shall refer the applicants to tho local peace and order council (POC) which sh811 inform them of the screening schedule.

3)

The POC shall evaluate within five (5) worl\ing days from receipt of referral the qualifications of the applicants to determine if they meet the general qualifications for appointment and to ensure that their names am included in tile Napolcom Roster of Certified Eligibles.

4)

The POC shall endorse to the Mayor within two (2) working days, the names of qualified applicants.

5)

From the list endorsed by the POC, the Mayor shan recommend to the PNP Provincial/District Screcninq Committee through the PNP Provincial/District Director, within three (3) working days, the names of lhose to be appointed in tile order of his preference and

ifn a~/WJ:he recruitment quota /"muniCiParr

64

· .

In casu tho rltllllLJer of qualilied applicants is less than the quutGl 0,. ttl(H8 is '10 qualified applicant,' applicants from other locclitios SllLlII uo cUllsiuOlOcJ CJccoruillU to tho following priorities:

'15t priority

lhasa coming (rom lho Llcljacent cities/ rnunicipalitics.

2 III I priority -

lhoso comirn, from other cities/ tnuniciputitios within tho province or uistricl.l

I

-i

1I1Osu cOlTlin\J Irorn any part of lI10 rogion

4111 priority

iliosu cUlllinu Iruin other rO\jiul'ls I

G)

Tho PNP Provincint/District ~crGcninq Committee shall conduct a Ul:ll:!'UI UUIlJ ilwo~;liU(_Jti()ll of 1110 ,1IJpliC;Jllls, milia) interview, validate their documents and ensure their compliance with the qonoral qualilicaliuns for appointrnor It within Ion ('10) worl,;ng clays Ir om receipt of r econuuondation.

7)

The I:JNP Provmcial/District Screenill\J Committee shall endorse to tho PNP Regioll<]1 Screenirl\:j' Conunittco those found to be qualified for (il1<11 evaluation of compliance with gEmeral qualilications. Tl ris shall include tho conduct of physical aqility lost, drug test, neuro-psychiatric oxanunation, medical and dental examination, withiu Ion (10) wurking U8yS.

0)

Vvilhin len (10) wOII,ill\J days, the Pt-JP F\egional Screening Committee shall submit the list of proposed appointees to the Napoleon: Regioll<:l1 Director lhruugh the PNF) I~egiollal Director, for approval am.! certification.

9)

Tho Napoleon: I {oHiurwl Diroclor roturns lho approved and cortilicd list or prlJlJu::;cU appoinlcos tu [lIC PNP Hegional Director, within three (3) WlJII,ill(_J days.

10)

Tile PNI) l~e~iul};l) Dil ector issues appointmcnl papers 10 U10SO cortiticd to be qualilicd anu eligiLJle, within (hroo (3) worl'1g clays.

Tho appolnlmont papers oro' furwoluou to tho regiollal Civil Service COl11111issiul1 (CSC) furl attestation, within lwo (2) wurkinQ

days. !

11 )

12)

The liegiollal CSC attests and returns tile appointments to tile PNP liegio!lClI Director.

i

Tile PNP 1-\09io[181 Director I shall inform tho Mayor of tho appointment of his rccommcndecs W1U furnish a copy of tho list of appointees to the Napolcom l~eQiollClI Director, PNP Provincial Director and Chid of Police, within five (5) days from receipt of the

attested appointment. I

The newly appointed policcmep and newly assiqnod policemen, .if ,,/; <.1I1Y, shall P.<.1Y 0 courtosy CLlIl on the Mayor before assurrunq ~h~l~ #T

'ilrlutiCS(~/ \P~ I r-j

(Joe Fisjur«: J)

13)

14)

65