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Administrative penalties:

Imposable penalties- these are the penalties that will give by the PLEB to the police:

Withholding of privileges, Restriction to specified limits, Suspension, Forfeiture of salary

or fine, Demotion (of not more than one rank), Dismissal.

Schedule of penalties- the schedule of penalties will be imposed depends on the light,

less grave and grave penalties.

FOR LIGHT OFFENSES:

1. Withholding of privileges or restriction to specified limits or suspension or

forfeiture of salary, or any combination thereof from one (1) day to ten (10)

days (minimum period)

2. Withholding of privileges or restriction to specified limits or suspension or

forfeiture of salary or any combination thereof from eleven (11) days to

Twenty (20) days (medium period)

3. Withholding of privileges or restriction to specified limits or suspension or

forfeiture of salary or any combination thereof from twenty one (21) days

to Thirty (30) days (maximum period)

FOR LESS GRAVE OFFENSES:

4. Withholding of privileges or restriction to specified limits or suspension or

forfeiture of salary or any combination thereof from thirty one (31) days to

forty five (45) days (minimum period)

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BS CRIMINOLOGY WEEK 15

5. Withholding of privileges or restriction to specified limits or suspension or

forfeiture of salary or any combination thereof from forty six (46) days to

sixty (60) days (medium period)

6. Withholding of privileges or restriction to specified limits or suspension or

forfeiture of salary or any combination thereof from Sixty one (61) days to

Ninety (90) days (maximum period)

FOR GRAVE OFFENSES:

7. Suspension for three (3) months (minimum period)

8. Force resignation / demotion of not more than one (1) rank (medium

period)

9. Dismissal (maximum period)

Limitation in the imposition of penalties:

If the penalty of suspension is imposed by the PLEB, the same shall not exceed three

(3) months suspensions; and in case of forfeiture of salary (fine) the amount shall not

exceed the equivalent of one (1) month pay. On the other hand, the penalty of

“withholding of privilege” shall be confined to determine vacation leave privileges,

availment of loan privileges and participation in training grant or programs and such

other similar privileges normally enjoyed by civil service employees.

Qualifying circumstances- in giving penalties to the officer, there will be mitigating and

aggravating circumstances shall be imposed.

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BS CRIMINOLOGY WEEK 15

The following are mitigating circumstances:

1. Physical illness

2. Good faith

3. Length of service in the Government

4. Analogous circumstances

The following are aggravating circumstances:

1. Taking advantages of official position

2. Taking undue advantage of subordinate

3. Undue disclosure of confidential information

4. Use of government property in the commission of the offense

5. Habitually

6. Offense is committed during office hour and / or within the premises of the

working office or building

7. Employment of fraudulent means to commit or conceal offense

8. Analogous circumstances

Guidelines in the application of penalties:

The imposition of the penalty shall be made in accordance with the manner below

provided:

A. Like penalties shall be imposed for the offenses and only one penalty shall be

imposed for each case. “Each case” means one administrative case which may

involve one or more charges or counts

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B. The minimum of the penalty shall be imposed where only mitigating and no

aggravating circumstances are present

C. The medium of the penalty shall be impose where no mitigating and aggravating

circumstances are present

D. The maximum of the penalty shall be impose where no mitigating and

aggravating circumstances are present

E. Where aggravating and mitigating circumstances equally off set each other’s and

rule

1. Shall be applied where there are more mitigating circumstances present, rule

2. Shall be applied where the circumstances equally off set each other’s and rule

3. Shall be applied when there are more aggravating circumstances and f. If the

respondent is found guilty of two (2) or more charges or counts, the penalty to be

imposed should be that corresponding to the most serious charge or count and

the rest shall be considered as aggravating circumstance.

Administrative disabilities inherent in certain penalties:

The following are the administrative disabilities inherent in certain penalties

1. The penalty of dismissal which results in the separations of the respondent from

the service, shall carry with it that of cancellation of eligibility, forfeiture of leave

credits and retirement benefits and the disqualification for re-employment in the

police service
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2. The penalty of suspension which consist in the temporary separation or

cessation of work of the respondent for the duration of the sanction shall carry

with it that of disqualification for promotion corresponding to the period of

suspension

3. The penalty of forfeiture of salary which consist of an amount not exceeding one

(1) month salary shall carry it that of disqualification for promotion corresponding

to the penalty period