What are the Administrative

Disciplinary Authorities of the PNP?

 Concept of Jurisdiction

Jurisdiction is the authority

vested by law or policy to the
Disciplinary Authority to hear and
decide an administrative case.
Elements of Jurisdiction?
 RULE 3-CITIZEN’S COMPLAINT
Section 1. Citizen’s Complaint-Any complaint by a natural or
juridical person against any member of the PNP shall be brought
with the following:

a. Chief of Police Punishable of suspension for a period

not exceeding fifteen (15) days;

b. City/Municipal Mayor Punishable of suspension for a period

not less than sixteen (16) day but not
exceeding thirty (30) days; and
c. People’s Law Punishable of suspension for a period
Enforcement Board exceeding thirty (30) days; demotion or
(PLEB) by dismissal from the service.
Chief of Police Mayor PLEB
1 to 15 days 16 to 30 days 31 days to 6
suspension suspension months (180
days)
suspension

Demotion

Dismissal
from Service
LIGHT LIGHT LESS GRAVE
OFFENSE ONLY OFFENSE ONLY GRAVE
 PNP PERSONNEL
KINDS RANKS APPLICABLE
RULES
1. Uniformed PCOs- PNCOs- NAPOLCOM MC
PNP Personnel 1.PGEN 1.PEMS No. 2016-002
2.PLTGEN 2.PCMS
3.PMGEN 3.PSMS
4.PBGEN 4.PMSg
5.PCOL 5.PSSg
6.PLTCOL 6.PCpl
7.PMAJ 7.Pat man/woman
8.PCPT
9.PLT
2. Non- RACCS of Civil
Uniformed PNP Service
Personnel Commission
Appointing Authority: President Chief, PNP Regional Director, PNP
 Disciplinary Equivalent Administrative
CASES Imposable Penalty
Authorities Supervisor Jurisdiction
Breach of COP C, PPSC • Simple Admonition; reprimand; withholding of
Internal C, DPSB Offenses privileges, restriction to specified limits,
Discipline C, PS suspension or forfeiture of salary or any
(MPD) combination of the foregoing provided
-offense C, PS that in all cases, the total period shall not
affecting order (QCPD) exceed 15 days
and discipline
Provincial Director, • Simple Admonition; reprimand; withholding of
within PNP
Director CPO Offenses privileges, restrictive custody, suspension
organization
C, RPSB or forfeiture of salary or any combination
C, Regional of the foregoing provided that in all cases,
-simple
the total period shall not exceed 30 days
misconduct
NSUs
-negligence Regional - District • Simple Admonition or reprimand withholding of
Director Director • Less grave privileges, restrictive custody, suspension
-insubordination of offenses or forfeiture of salary ; demotion or
NCRPO • Grave dismissal from police service or any
-frequent - Director, Offenses combination of the foregoing provided
absences and NSUs that in all cases, the total period shall not
tardiness exceed 60 days
CPNP - • Simple Dismissal from police service, demotion,
-gambling • Less grave suspension or forfeiture of salary or any
offenses combination thereof for a period not
• Grave exceeding 180 days.
Offenses
 III. MISCELLANEOUS PROVISIONS
(Rule 23, NAPOLCOM MC
No. 2016-002)
Section 1. Authority to Administer Oath – In addition to the
officials who, under the existing laws, are authorized to administer oaths,
officers designated to conduct pre-charge evaluation and hearing officers of
the Commission, PNP, IAS, the Chairmen and Members of the PLEB and
Regional Appellate Boards have the authority to administer oaths on
matters connected with the performance of their duties.

Sec. 2. Authority to Issue Subpoena Ad Testificandum and

Subpoena Duces Tecum - the Disciplinary Authorities, IAS and their
hearing officers shall have the authority to issue subpoena ad
testificandum and subpoena duces tecum.
 The following are the eight (8) kinds of
administrative offenses: (NIMDICOD)

1. 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; implies a duty
as well as its breach and the fact can never be found
in the absence of duty.
 2. Irregularities in the Performance of Duty or
Misfeasance – is the improper performance of some act which
might lawfully be done.

3. Misconduct or Malfeasance – is any wrongful,

improper or unlawful conduct motivated by premeditated,
obstinate or intentional purpose. It usually refers to
transgression of some established and definite rule of action,
where no discretion is left except where necessity may demand;
it does not necessarily imply corruption or criminal intention.

4. 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;
5. Incompetence – is ignorance or the material lack of
adequate ability and fitness for the satisfactory
performance of police duties. This refers to any
physical, intellectual, psychological incapacitates a
person to perform the duties of a police officer.

6. Conduct Unbecoming of a Police Officer – any act

or behavior of a police officer, irrespective of rank,
done in his official or private capacity which, in
dishonoring or disgracing himself as a police officer,
seriously compromises his character and standing in the
PNP in such a manner as to indicate vitiated or corrupt
state of moral character which shows his unworthiness
to remain in the police service.
 7. 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.

8. Disloyalty to the Government – consists of

the abandonment or renunciation of one’s loyalty to
the government of the Philippines, or advocating the
overthrow of the government, through overt or covert
acts.
 The following offenses are classified into Light,
Less Grave and Grave:

1.Neglect of Duty;
2.Irregularity in the Performance of Duty;
3.Misconduct; and
4.Dishonesty

The following offenses are automatically

considered Grave:

1.Incompetence
2.Conduct Unbecoming of a Police Officer;
3.Oppression; and
4.Disloyalty to the Government
Commit any act or omission that constitutes a
crime punishable under the Revised Penal Code
or special laws:

Light Offense—where the duration of the

imposable penalty is imprisonment of one (1) day to
thirty (30) days;

Less Grave—where the duration of the imposable

penalty is imprisonment of one month and one day
to six months.

Grave—where the duration of the imposable

penalty is imprisonment of not lower than six
months and one day.
Light—includes

(a)dishonest acts that did not cause damage or

prejudice to the government as well as those with
no direct relation to or do not involve the duties
and responsibilities of the respondent;

(b)dishonest acts that did not result in any gain or

benefit to the offender; and

(c)where the information falsified is not related to

employment in case of falsification of official
document.
Less Grave—involves circumstances
wherein the dishonest act caused damage
and prejudice to the government that is not
so serious as to qualify under Grave
Dishonesty, and wherein the respondent did
not take advantage of his or her position in
committing the dishonest act.
Grave – includes

(a)the dishonest act caused serious damage and grave

prejudice to the government;
(b)the respondent gravely abused his authority in order to
commit the dishonest act;
(c)where the respondent is an accountable officer, the
dishonest act directly involves property, accountable forms or
money for which he is directly accountable and the
respondent shows an intent to commit material gain, graft and
corruption;
(d)the dishonest act exhibits moral depravity on the part of the
respondent;
(e)the respondent employed fraud or falsification of official
documents in the commission of the dishonest act related to
his or her employment;
(f)the dishonest act involves a NAPOLCOM examination
irregularity or fake NAPOLCOM eligibility such as
impersonation, cheating and the like.
 The following are the penalties that may be imposed in
police administrative cases:

a. Reprimand
b. Withholding of privileges
c. Restriction to specified limits
d. Restrictive custody
e. Forfeiture of salary
f. Suspension
g. Any combination of penalties under Section 1,
subparagraphs (a) to (f), except e and f which
are incompatible penalties
h. One (1) rank demotion
i. Dismissal from the service
 For Light Offense:

a. Reprimand for the first offense

b. Suspension from one (1) day to ten (10) days

(minimum period);

b. Suspension from eleven (11) days to twenty (20) days

(medium period)

c. Suspension from twenty on (21) days to thirty (30)

days (maximum period)
 For Less Grave Offenses:

a. Suspension from thirty-one (31) days to forty (40)

days (minimum);

b. Suspension from forty one (41) days to fifty (50)

days (medium period);

c. Suspension from forty-one (51) days to fifty nine (59)

days (maximum period).
 For Grave Offenses:

a. Sixty (60) days to Six (6) months suspension

(minimum period);

b. One (1) rank demotion (medium period);

c. Dismissal from the service (maximum period)

 MITIGATING AGGRAVATING ALTERNATIVE
1. First Offense 1. Employment of Fraudulent Means 1. Awards and
to Commit or Conceal the Offense Commendations
2. Good Faith 2. Offense is Committed during 2. Intoxication
Office Hour
3. Illness 3. Offense is Committed in 3. Length of Service
Cooperation with Two (2) or More in the Government
Persons
4. Offense is Committed in
Consideration of a Price or Reward
5. Offense is Committed Within the
Premises of Government Office or
Building
6. Recidivism/Repeated Charge
7. Taking Advantage of Official
Position
Sec. 5. Guidelines in the Application of Penalties – The
imposition of the penalty shall be made in accordance with the
manner herein below provided:
a. The minimum period of the penalty shall be imposed where
only mitigating and no aggravating circumstances are present.
b. The medium period of the penalty shall imposed where no
mitigating and aggravating circumstances are present.
c. The maximum period of the penalty shall be imposed where
only aggravating and no mitigating circumstances are present.
NOTE:

Where aggravating and mitigating

circumstances are present apply the rule on off-
setting; and

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 circumstances.
1 Stage—INITIAL
st Jurisdiction is the authority
vested by law to hear and decide a

EVALUATION
OF COMPLAINT
 What is the Purpose of Initial
Evaluation?
To determine the:

1. Completeness of Complaint;
Jurisdiction is the authority
vested by law to hear and decide a
2. Jurisdiction over the subject
matter and over the person of the
parties;

NOTE: It is not the determination of

Probable Cause!
 INITIAL EVALUATION FLOWCHART

COMPLAINT

INITIAL
EVALUATION OF
COMPLAINT

Completeness of Complaint Jurisdiction

1.Name of the Parties; 1.Over the Offense;

2.Addresses or Place of
Assignment of the Parties;
3.Material Allegations;
4.Certificate of Non-Forum
Shopping;
5.Under Oath; and
6.Pieces of Evidence
2.Over the Parties;
3.Refer it to the appropriate
disciplinary body;
4.Consider it as a grievance or treat it
as request for assistance;
NOTE: In all cases, a report must be
made in referring the case to
appropriate disciplinary body.

Recommend the Conduct of Pre-Charge Investigation

Complaint

is a written and sworn statement regarding a wrong, grievance or

injury sustained by a person.

Initial Evaluation of the Compliant – pertains to the determination of

jurisdiction and thereby docket the same for:

a. Pre-Charge Investigation; or

b. Formal charge before PLEB; or

c. Refer it to appropriate disciplinary authority; or

d. Treat it as grievance/request for assistance

The Initial Evaluation Report recommending for the

dismissal of the complaint or referral to appropriate
Disciplinary Authority or Grievance Committee shall be
approved by Disciplinary Authority or IAS or their
authorized officer.
 Jurisdiction is the authority
vested by law to hear and decide a
2nd Stage—
Pre-Charge
Investigation
 PRE-CHARGE INVESTIGATION FLOWCHART
INITIAL EVALUATION OF PRE-CHARGE
COMPLAINT INVESTIGATION
COMPLAINT

REPORT
Approved by DA
or IAS

Dropped and
With Probable closed
Cause

Motion for Re-

Investigation to the
Disciplinary Authority
Respondent is Formally
3 days Denied *
Charged

*Dismissal w/o
Resolution Prejudice
15 days

Granted
Pre-Charge Investigation:

is the preliminary examination and investigation of the complaint for

the purpose of determining the existence or non-existence of probable cause

This pertains to the following process:

a. docket the approved Initial Evaluation Report;

b. assign and designate pre-charge investigator;

c. give the respondent a copy of complaint and its supporting

documents within 3 days from docketing thereof;

d. give the respondent a chance to submit counter-affidavit/answer within

5 days from receipt and failure to submit shall be deemed a waiver
thereof;

e. no motion for extension of time shall interrupt the 5-day period;

f. parties may be called for clarificatory questioning and may affirm their
respective pieces of evidence;

g. Termination of investigation within 10 days from receipt of answer or

from expiration of 5-day period
Pre- Charge Investigation Report

• Report shall be prepared within 5 days from the termination

of pre-charge investigation

• The Report shall be submitted to Disciplinary Authority or

IAS for approval

• The complete records and the formal charge shall be

attached to the report

• Each page of the case record should be chronologically

arranged and numbered

• In the absence of probable cause, the complaint shall be

dismissed by the Disciplinary Authority or IAS and the
complainant shall be informed about the dismissal of his/her
complaint
Motion For Re-investigation

• The complainant may file a motion for re-investigation to

the Disciplinary Authority or IAS within 3 days from the
receipt of the report of dropping and closing the complaint
for lack of probable cause

• The basis for re-investigation can be palpable mistake in

the appreciation of the complaint, counter-affidavit and
other supporting evidence

• Only one motion for re-investigation shall be allowed

• The motion shall be resolved within 15 days from the

receipt thereof.
If Respondent is a Presidential Appointee?
When Respondent is a Presidential Appointee.
- After the formal charge is filed, a respondent who
is a presidential appointee (Police Director,
Police Deputy Director, Police Director, Police
Chief Superintendent, Police Senior
Superintendent) can only be subjected to
summary proceeding after a clearance for such
purpose is obtained from the Office of the
President.

(Section 6, Rule 2 of NAPOLCOM MC No. 2016-

02)
 Issue of Due Process
NMC 2007-001
 Pre-Charge Investigation/Evaluation
- Based on complaint
- No Notice to respondent to file
answer
RACCS
• Preliminary Investigation
- with Notice to respondent to file
answer/ Counter Affidavit

• Determination of probable cause • Determination of prima facie

• Charge Sheet • Formal charge

Administrative Case of PO2 Marlon F Bondad (PRO 4A)

-Dismissed from police service by RD, PRO4A

-Decision was set aside due to lack of due process by CSC because the Pre-
Charge Evaluation and Charge Sheet pursuant to NMC No. 2007-001 do not
conform to the provisions of the RACCS.
-Hence, the Decision rendered is fatally defective and it must be struck down for
being violative of due process”
3rd Stage—SUMMARY
Jurisdiction is the authority

PROCEEDINGS AND
vested by law to hear and decide a

DISPOSITION OF
CASES
PRE-HEARING SUMMONS within 3
Formally
CONFERENCE 2 days to file
1 Charged the
Start
Within 15 days Answer within
Respondent
7 working days

3 IMPLEMENTATION OF
DECISION
Within 5 days
SUMMARY
SUBMISSION PROCEEDINGS

End
OF POSITION
PAPER
Within 15 days STAGE
FLOWCHART Motion for
Reconsideration
(MR) or APPEAL
4 within
10 days from
receipt of Decision

ONE
CLARIFICATORY Issuance of 6
HEARING
5 Decision
5 days 30 days
1. Summons

The designated summary hearing officer or the PLEB shall

issue summons within three (3) days from receipt or
docketing of the complaint, as the case maybe, to be
served upon the respondent directing him/her to
submit his/her answer within an inextendible period of
seven (7) working days from receipt thereof. (Section
1, Rule 17 of NAPOLCOM MC No. 2016-02)

NOTE:

1. No motion for clarification, bill of particulars or motion

to dismiss shall be entertained; and

2. Failure to file answer shall be considered general

denial and the case shall be decided according to the
available records.
2. Pre –Hearing Conference

Pre-Hearing Conference shall be conducted within

15 days from receipt answer or expiration of the 7 working
days to file answer;

Purposes:

1. Defining and simplifying the issues of the case;

2. Entering into admissions and/or stipulation of
facts;
3. Marking of exhibits after proper identification by
parties/signatories;
4. Threshing out other matters relevant to the case

The proceedings in the pre-hearing conference

shall be recorded and duly signed by both parties and the
members of the PLEB.
3. Submission of Position Paper

•The PLEB shall direct the parties to file position paper within
15 days from the termination of Pre-Hearing Conference;

•The position paper shall contain only those charges,

defenses and other claims contained in the affidavits and
pleadings filed by the parties

•Any additional relevant affidavits and/or documentary

evidence may be attached by the parties to their position
papers

•Upon receipt of the position paper by the parties, may

consider the case submitted for resolution/decision;

•Failure of any of the parties to submit position paper shall be

deemed a waiver thereof
4. Clarificatory Hearing

•Within 5 days from receipt of the position paper of the parties

or after the expiration of the period to file the same, a party
may move or the PLEB may issue an order for the conduct of
ONE-TIME CLARIFICATORY HEARING.

•Both parties shall be afforded the opportunity to be present

and submit written clarificatory questions to the PLEB.

•The PLEB shall determine whether or not the questions are

necessary and relevant to the fact in issue.

•Both parties may be assisted by counsel during the

clarificatory hearing.

•Only one postponement is allowed in clarificatory hearing

regardless of the ground.
5. Assistance of Counsel

Parties may be assisted by counsel in the preparation

and submission of their pleading and during the clarificatory
hearing. (Section 8, Rule 17 of NAPOLCOM MC No. 2016-
02).
4th Stage—Motion for
Jurisdiction is the authority
Reconsideration
vested by law to hear and decide a
 Motion for Reconsideration

The party adversely affected by the decision may file a motion for
reconsideration with the Disciplinary Authority which rendered the
same within ten (10) days from receipt of a copy thereof based on
any of the following grounds:

a.Any discovered evidence which, if presented, would materially

affect the decision rendered; or

b.Errors of law or irregularities have been committed prejudicial to the

substantial rights and interest of the movant; or

c.The decision is not supported by the evidence on record.

A motion for extension of time to file a motion for reconsideration shall

not be allowed.

The filing of a timely motion for reconsideration shall stay the

implementation of the decision sought to be reconsidered.

It shall be decided within 15 days by the Disciplinary Authority.

 Jurisdiction is the authority
5 Stage—Appeal
th
vested by law to hear and decide a
 THE APPELLATE BODIES:

National Appellate Board (NAB)

Regional Appellate Board (RAB)

Secretary of Interior and Local Government (SILG)

Civil Service Commission (CSC)

WHAT ARE APPEALLABLE TO NATIONAL
APPELLATE BOARD (NAB)?

Decisions of the Chief PNP where the penalty imposed

is demotion or dismissal from the service;

Disciplinary recommendations of the Inspector

General, IAS that were not acted upon by the Chief,
PNP within 30 days from submission by the IG,IAS
where the recommended penalty is demotion or
dismissal from the service; and

Decision of the IG affirming the Resolution of the

regional IAS dismissing the complaint for lack of
probable cause
WHAT ARE APPEALLABLE TO THE REGIONAL
APPELLATE BOARDs (RABs)?

Decisions of the People's Law Enforcement Board

(PLEB) where the penalty imposed is demotion or
dismissal from the service;

Decision of the PNP Regional Director or equivalent

supervisor, where the penalty imposed is demotion or
dismissal from the service;

Decisions of city or municipal Mayors in cases falling

within their respective jurisdictions; and

Disciplinary recommendations of the Regional IAS

which were not acted upon by the PNP RD or
equivalent supervisor within 30 days from submission
by the Regional IAS, where the recommended penalty
is demotion or dismissal from the service
APPELLATE JURISDICTION OF THE DILG
SECRETARY

Decision of the NAB and the RAB may be appealed to

the Secretary of the DILG

APPELLATE JURISDICTION OF THE CIVIL

SERVICE COMMISSION (CSC)

Decisions of the Secretary DILG in the exercise of his

appellate jurisdiction and decision of the Napolcom En
Banc as summary dismissal authority may be appealed
before the CSC
 NOTICE of APPEAL to the DISCIPLINARY
AUTHORITY THAT RENDERED DECISION
(copy furnished NAB/RAB)
(10 DAYS)

SUBMISSION of MEMORANDUM of APPEAL

(Disciplinary Authority)

TRANSMITTAL of RECORDS
APPEAL
to the APPELLATE BODY (within 15 days
from receipt of Memorandum of Appeal) STAGE
FLOWCHART
REVIEW, EVALUATION & ADJUDICATION of
APPEAL
(60 DAYS)

DECISION

MOTION FOR RECONSIDERATION/APPEAL

If no MR/Appeal the Decision becomes
FINAL and EXECUTORY
6th Stage—Implementation of
vestedDecision
Jurisdiction is the authority
by law to hear and decide a
 Implementation of Decision/Resolution

Decisions or Resolutions which have become final and

executory shall be referred to the PNP Regional Director or his
equivalent supervisor in the office/unit where the Respondent is
assigned or the Director, Directorate for Personnel and Records
Management (DPRM) [Attention: Discipline, Law and Order
Division] for implementation within 5 days from receipt of the request
or order of the Disciplinary Authority or Appellate Body to implement
the same, copy furnished the Director, PNP Finance Service and
the Respondent’s unit assignment.

The PNP official to whom it is addressed must make

the appropriate return to the Disciplinary Authority or Appellate
Body indicating the action taken on the referral or order for
implementation. Any PNP officer charged with the
implementation of a Decision which has become final and
executory who fails to implement the same shall be liable for
Serious Neglect of Duty.