Administrative Offenses of PNP/

Administrative Sanctions and Amendments

Lesson Objectives:

1. Understand by heart what are administrative offenses.

2. Explain how an administrative case is filed

3. Explain how an administrative offense is committed.

Administrative Offense

The illegality of an administrative offense consists of:

• a person's committing an action that is prohibited by law or failing to do what is

prescribed by law, and doing so intentionally or through negligence.

Offense Punishable

The following are the offenses for which a member of the PNP may be charged administratively

• Neglect of duty or Nonfeasance

is the omission or refusal, without sufficient excuse, to perform an act or duty, which it was the
peace officer’s legal obligation to perform; it implies a duty as well as its breach and the fact can
never be found in the absence of a duty. Nonfeasance refers to a failure to act or fulfill one's duty
when required. In the context of the Philippine National Police (PNP (Example; failure of an
employee or official to give proper attention to a task expected of him or her). An example of
nonfeasance might be a police officer failing to respond to a distress call or failing to investigate
a reported crime despite being on duty and responsible for maintaining public safety.

b. Irregularity in the Performance of Duty or Misfeasance

is the improper performance of some act that might lawfully be done.(Example; improper
performance of some act which might lawfully be done). an example of misfeasance could be a
police officer using excessive force during an arrest, causing unnecessary harm to the individual
being apprehended. While the act of making an arrest is lawful, the manner in which it is carried
out, in this case, involves misconduct.

c. Misconduct or Malfeasance

is the doing, either through ignorance, inattention, or malice, of that which the officer had no
legal right to do at all, as where he acts without any authority whatsoever or exceeds, ignores, or
abused his powers. Misconduct generally means wrongful, improper, or unlawful conduct,
motivated by premeditated, obstinate, or international purpose. It usually refers to the
transgression of some established and defined rule of action, where no discretion is left.
(Example; PNP Member that made a rude comment to an angry citizen or person)

An example of malfeasance in the PNP might be a police officer accepting a bribe in exchange
for overlooking illegal activities or providing unauthorized access to confidential information.
This action is not only unethical but also illegal, as it breaches the trust placed in law
enforcement officers to uphold the law impartially.

d. Incompetency

is ignorance or the material lack of adequate ability and fitness for the satisfactory performance
of police duties. This refers to any physical, intellectual, or psychological incapacitation a person
to perform the duties of a police officer. (Example; laziness, which can lead to mistakes, lateness
and other problems.) Incompetency within the Philippine National Police (PNP) could manifest
in various ways. For instance, a police officer may consistently fail to properly investigate
crimes, mishandle evidence, or demonstrate a lack of understanding of relevant laws and
protocols. This incompetence can lead to a failure to effectively uphold public safety and
maintain law and order.

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 property or
liberty against his will, is generally an act of oppression. (Example; treating people different
based on their color, ethnicity, gender, religion and etc. Within the PNP, oppression might occur
when officers abuse their authority to discriminate against certain individuals or groups, engage
in excessive use of force or intimidation tactics, or violate the rights of citizens through arbitrary
arrests or harassment. This behavior undermines trust in law enforcement and can result in
serious harm to individuals and communities.

f. Dishonesty

It is used to describe a lack of probity, cheating, lying, or deliberately withholding information,

or being deliberately deceptive or a lack in integrity. (Example; involve taking monetary bribes,
abusing their authority or concealing criminal enterprises.)

g. Disloyalty to the government

It consists of abandonment or renunciation of one's loyalty to the government of the Philippines

or advocating the overthrow of the government. (Example; failing to resist rebellion by all the
means in their power)
h. Violation of Law

It presupposes conviction in a court of an crime or offense penalized under Revised Penal Code
or any special law or ordinances. (Example;

• A police officer in the Philippine National Police (PNP) stops a vehicle for a routine
traffic violation. During the stop, the officer unlawfully conducts a search of the vehicle
without probable cause or consent from the driver. This action violates the driver's rights
under the Philippine Constitution, particularly their protection against unreasonable
searches and seizures as guaranteed by the Bill of Rights. If any evidence is found during
the illegal search, it would be inadmissible in court, and the officer could face
disciplinary action or criminal charges for violating the law.

• Bill of Rights under the 1987 Constitution of the Philippines. Specifically, the unlawful
search conducted by the police officer would be in violation of Article III, Section 2,
which states:

• "The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized."

• Administrative sanction, defined.

Administrative sanction may be defined as any formal official imposition of penalty or fine;
destruction, taking. seizure, or withholding of property; assessment of damages, reimbursement,
restitution, compensation, costs, charges or fees; requirement, revocation or suspension of
license; and taking other compulsory or restrictive action by organization, agency or its
representative..

• Penalties and Administrative Sanctions for the commission of acts/practices in

violation of Ethical Doctrine:

• The penalties for the commission of acts/practices in violation of this Doctrine shall be in
accordance with the following:

• a. Revised Penal Code

• b. RA 6713

• c. RA 3019 and

• d. Other special laws

 • It is worthy to note that for acts or omissions which merely require administrative
sanctions, the applicable punishments as provided for the rules and regulations
promulgated by the PNP, NAPOLCOM. Civil Service Commission and DILG shall be
applied.

• Revised Penal Code

range from a simple reprimand to a fine not exceeding Five Hundred Thousand Pesos
(Php500,000.00) per violation, or such other measures as may be necessary and justified to
prevent and counteract money laundering.

• R.A 6713

Any public official or employee, regardless of whether or not he holds office or employment in a
casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act
shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension
not exceeding one (1) year, or removal depending on the gravity of the offense after due notice
and hearing by the appropriate body or agency

• R.A 3019

“Anti Graph and Corrupt Practices Act” The violation of said section proven in a proper
administrative proceeding shall be sufficient cause for removal or dismissal of a public officer,
even if no criminal prosecution is instituted against him.

• Other Special Laws

P.D No.960

“Amending Article 201 of the Revised Penal Code and for other purposes” Art. 201: immoral
doctrines, obscene publications and exhibitions, and indecent shows. The penalty of prision
mayor or a fine ranging from six thousand to twelve thousand

What is Citizens Complaint?

• Citizens Complaint pertains to any complaint initiated by a private citizen or his duly
authorized d representative on account of an injury, It must be noted that a citizens
complaint against any member of the PNP shall be brought before any of the following
disciplinary authority:

• A. Disciplinary Authority of the Chief of Police - The Administrative Penalty

is any or a combination of the following
 • • Withholding of privileges, • Restriction to specified limits, • Suspension or of
salary, or any combination thereof, • For a period of not exceeding fifteen (15)
days

• B. City/Municipal Mayors: • Withholding of privileges, • Restriction to specified limits

• Suspension or forfeiture of salary, or any combination thereof, • For a period from
sixteen (16) days to thirty (30).

• C. Peoples Law Enforcement: • Withholding of privileges, • Restriction to specified

limits, • Suspension or forfeiture of salary, or any combination thereof, • For a period of
not exceeding thirty (30) days,

• • Demotion in rank or • Dismissal from the service.

What is Breach of Internal Discipline?

• Breach of Internal Discipline may refer to any offense committed by a member of the
PNP involving and affecting order and discipline within the police organization.

Example:

1. Absenteeism and Tardiness: A police officer repeatedly arrives late for duty or is frequently
absent without proper authorization. For instance, if an officer is supposed to report for a 9 AM
shift but consistently arrives at 10 AM without any valid reason or prior approval, this would be
a breach of discipline.

2. Disobedience to Orders: An officer fails to follow lawful orders given by a superior. For
example, if a commanding officer instructs a subordinate to conduct a specific patrol route, and
the subordinate deliberately ignores this directive, it constitutes a breach.

3. Engaging in Corrupt Activities: An officer accepts bribes in exchange for not issuing citations
or for providing confidential information. For instance, if a traffic officer accepts money from a
driver to avoid issuing a speeding ticket, this is a serious breach of internal discipline.

4. Misuse of Authority: An officer uses their position to intimidate or harass civilians. For
example, if an officer threatens a business owner with arrest or other legal trouble unless they
receive free goods or services, it is a misuse of their authority.

5. Conduct Unbecoming of an Officer: An officer behaves in a manner that brings disrepute to

the PNP, such as being involved in public brawls or engaging in drunken behavior while in
uniform. An example would be an officer caught on video fighting in a bar while in uniform,
leading to public outrage and loss of trust in the police force.

6. Neglect of Duty: An officer fails to perform their duties adequately, such as not responding
promptly to emergencies or failing to follow through on investigations. For instance, if an officer
assigned to investigate a reported crime neglects to gather evidence or interview witnesses, it
shows neglect of duty.

7. Unauthorized Disclosure of Information: An officer shares confidential information with

unauthorized persons. For example, if an officer leaks details of an ongoing investigation to the
media or to suspects, it compromises the investigation and breaches internal discipline.

8. Substance Abuse: An officer is found using illegal drugs or alcohol while on duty. For
instance, if an officer is caught using narcotics during their shift, it not only breaks the law but
also violates PNP regulations.

Who has Jurisdiction over Breach of internal Discipline?

• It must be noted that as a rule, in dealing with offenses involving breach of internal
discipline found to have been committed by any regular member of their respective
commands, the duly designated supervisors and equivalent officers of the PNP shall, after
due notice and summary hearing, exercise disciplinary powers, as follows:

Disciplinary Authority Administrative Penalty:

a.Chief of Police or equivalent:

·Admonition or reprimand;

·restriction to specified limits

·Withholding of privileges

·Forfeiture of salary or suspension;

·or Any combination of the foregoing;

Provided, that, in all cases, the total period shall not exceed fifteen (15) days.

b. Provincial Directors:

·Admonition or reprimand;

·Restriction to specified limits;

·Withholding of privileges;

·Forfeiture of salary or suspension;

·or Any combination of the foregoing;

Provided, that, in all cases, the total period shall not exceed thirty (30) days.
C. Police Regional Directors:

·Admonition or reprimand;

·Restriction to specified limits;

·withholding privileges;

·Forfeiture of salary or suspension;

·or Any combination of the foregoing;

Provided, that, in all cases, the total period shall not exceed sixty (60) days. Dismissal from the
service and demotion in rank may also be imposed.

d. Chief of the PNP:

·Admonition or reprimand;

·Restriction to specified limits;

·Withholding of privileges;

·Forfeiture of salary or suspension;

·or Any combination of the foregoing:

Provided, that, in all cases, the total period shall not I exceed one hundred eighty (180) days.
Also, dismissal from the service and demotion of rank

What is Minor Offense?

Minor Offense refers to an act or mission not involving moral turpitude, but affecting the internal
discipline of the PNP, and shall include, but not limited to:

a. Simple misconduct or negligence;

b. Insubordination;

c. Frequent absences/tardiness;

d. Habitual drunkenness, and

e. Gambling prohibited by law

Who Has Jurisdiction on a complaint filed against a member of the PNP?

A complaint or a charge filed against a PNP member shall be heard and decided exclusively by
the disciplinary authority who first acquired original jurisdiction over the case, notwithstanding
the existence of concurrent jurisdiction as regards the offense: Provided, that, offenses which
carry higher penalties referred to a disciplinary authority shall be referred to the appropriate
authority which has jurisdiction over the offense.

Summary Dismissal Authority.

The Chief, PNP and Regional Directors, after due. notice and summary hearings, may
immediately remove or dismiss any respondent PNP member in any of the following cases:

a.When the charge is serious and the evidence of guilt is strong.

b.When the respondent is a recidivist or has been repeatedly charged and there are reasonable
grounds to believe that he is guilty of the charges; and;. e. When the respondent is guilty of
conduct unbecoming of a police officer