Republic of the Philippines

Department of Interior and Local Government

NATIONAL POLICE COMMISSION
Makati City
MEMORANDUM CIRCULAR NO. 2002-010
REVISED RULES OF PROCEDURE IN THE HEARING AND ADJUDICATION OF
CITIZENS COMPLAINTS AGAINST UNIFORMED MEMBERS OF THE PHILIPPINE
NATIONAL POLICE (PNP) BEFORE THE PEOPLES LAW ENFORCEMENT BOARD
(PLEB)
WHEREAS, Section 43 of Republic Act Numbered 6975 otherwise
known as the Department of the Interior and Local Government Act of
1990 provided for the creation of Peoples Law Enforcement Boards in every
city/municipality to conduct hearing and adjudication of citizens complaints
against uniformed members of the Philippine National Police (PNP) for
offenses committed in their area of jurisdiction;
WHEREAS, the Commission promulgated Memorandum Circular No. 91-002
establishing the procedure in the investigation and hearing of administrative
complaints before the PLEB against uniformed members of the PNP;
WHEREAS, on March 6, 1998 Republic Act Numbered 8551 otherwise known
as thePNP Reform and Reorganization Act of 1998 took effect amending,
among others, Section 43 of R.A. 6975 in order to further strengthen the
PLEB;
WHEREAS, there is a need to revise the existing rules of procedure embodied
in Memorandum Circular No. 91-002 in conformity with the amendments
brought about by R.A. 8551.
NOW THEREFORE, the Commission HEREBY RESOLVED TO REVISE as it
hereby REVISES the Rules of Procedure in the hearing and adjudication of
citizens complaints before the PLEB against uniformed members of the PNP,
to wit:
RULE 1
GENERAL PROVISIONS
Section 1. Definition of Terms. The relevant terms as used in these
Rules shall be understood to mean as follows:
a) Administrative due process the right of a party interested or affected to
notice and hearing to enable him to present his side and submit evidence in
support thereof. In essence, due process pertains to the opportunity of the
party impleaded to be heard.
Page | 1

b) Affidavit a written declaration or statement of facts, made voluntarily

under oath or affirmation before an officer authorized to administer such
oath or affirmation.
c) Answer a responsive pleading containing the respondents negative and
affirmative defenses.
d) Breach of Internal Discipline any offense committed by a uniformed
member of the PNP involving and affecting order and discipline within the
police organization.
e) Citizens Complaint a formal charge initiated by a natural or juridical
person of 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.
f) Civic Duty an obligation or service pertaining to a citizen as member of
the community.
g) Commission refers to the National Police Commission.
h) Complaint 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 file an administrative
complaint.
j) Decision 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 culpability 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.
l) Exoneration the finding made by the PLEB that respondent is not culpable
of the charge.
m) Findings of fact(s) the determination by the PLEB of an issue of fact after
an evaluation of the evidence submitted in the case.
n) Forum Shopping the practice of filing several complaints arising from one
and the same cause of action and involving the same parties with the
different disciplinary authorities.
o) Habituality is a circumstance where the offender has been previously
punished for an administrative offense to which the law attaches an equal or
greater penalty or for two or more administrative offenses to which it
attaches a lighter penalty.
p) Jurisdiction the authority vested by law to hear and decide a case.
Page | 2

q) Material Evidence is that evidence which is relevant and goes to the

substantial matter in dispute, or has a legitimate and effective influence or
bearing on the decision in the case.
r) Newly Discovered Evidence that evidence which could not have been
discovered and produced during the hearing of the case despite due
diligence, 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 PLEB members.
t) Regional Appellate Board an appellate body organized in different
administrative regions of the country 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 penalty 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 of Napolcom Regional Directors
with respect to claims for police benefits.
u) Reglementary 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 holiday.
v) Relevant Evidence having any value in reason as tending to prove any
matter provable (sic) 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) Service the execution of a writ or process.
x) Subpoena a process directed to a person requiring him to attend and to
testify at the hearing before the PLEB.
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)
Substantial Evidence such relevant evidence as a reasonable mind
might accept as adequate to support a conclusion.
aa)
Summary Proceeding an abbreviated administrative proceeding
conducted consistent with due process to determine the culpability or
innocence of the respondent.
bb)
Summons a written order informing the respondent that he is
charged of an offense and directing him to file his answer and other
responsive pleadings.
Sec. 2. Nature of Proceedings. The hearing is summary in nature and shall
not be governed strictly by the technical rules of procedure. However, the
Page | 3

proceedings must be consistent with the principles of administrative due

process.
Sec. 3. Solemnity of Proceedings. The hearing shall be conducted with
solemnity. The chairman and members shall comport themselves with
proper decorum, impartiality and dignity befitting their office. They shall
always bear in mind that the PLEBs duty is to determine the facts of the
case as presented by the party litigants, judiciously evaluate the evidence
adduced and, thereafter, arrive at a fair and just decision.
Sec. 4. Effect of the Criminal Case to Administrative Action A criminal case
is separate and distinct from the administrative case. Accordingly, an
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.
RULE II
CREATION, FUNCTION, COMPOSITION, TERM OF OFFICE AND QUORUM
Section 1. Creation. The Sangguniang Panlungsod/Bayan in every
city and municipality shall create such number of Peoples Law Enforcement
Boards (PLEBs) as may be necessary: Provided, That there shall be at least
one (1) PLEB for every five hundred (500) city or municipal police personnel
and for each of the legislative districts in a city.
Sec. 2. Functions, Powers and Duties. The PLEB shall have the power to
hear and adjudicate all citizens complaints 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 PLEB, 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.
Sec. 3. Composition. The PLEB shall be composed of the following:
a) Any member of the Sangguniang Panlungsod/Bayan chosen by his/her
respective sanggunian;
b) Any punong-barangay of the city or municipality concerned chosen by the
Liga ng mga Barangay; and
c) Three (3) other members who are removable only for cause 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 Bar, or in the absence thereof, a
college graduate, or, the principal of the central elementary school in the
locality.
The Chairman of the PLEB shall be elected from among its members.
Page | 4

Membership in the PLEB constitutes a public office, 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.
Applying the provisions of Article 152 Chapter IV, Title III, Book II of the
Revised Penal Code, the members of the PLEB are considered persons in
authority.
Sec. 4. Executive Order Constituting the PLEB. Upon enactment of a
resolution by the Sangguniang Panlungsod/Bayan formally organizing the
members of the PLEB, a copy thereof shall immediately be submitted to the
City/Municipal Mayor who shall, within five (5) days from receipt thereof,
issue the appropriate executive order adopting the resolution of the
Sanggunian concerned.
Sec. 5. Oath of Office. Before assuming the duties of their office, the
chairman and members of the PLEB shall take the oath or affirmation before
an administering officer, a copy of which shall be filed with the office of the
National Police Commission in the region where the PLEB is situated. The
oath shall read:
I, _____________________________, do solemnly swear/affirm that I will faithfully
and conscientiously discharge my duties as Chairman/Member of the
Peoples Law Enforcement Board in the City/Municipality of
_____________________________________; that I will perform the duties imposed
upon me in accordance with the pertinent provisions of law and the rules and
regulations promulgated pursuant thereto; that having in view the best
interest of the police service, I will administer justice without partiality, favor
or affection; that I 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 (3) 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 PLEB member who has been designated as such by
virtue of his election to the Sangguniang Panlungsod/Bayan or his
membership with the Association of Barangay Captains ends upon the
expiration of his term of office as Sangguniang Panlungsod/Bayan member or
as Barangay Chairman. If reelected, and subsequently redesignated to the
PLEB, he must take a new oath 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 PLEB members in certain low-income municipalities.

Page | 5

Sec. 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 PLEB(s).
Sec. 9. Quorum. The presence of the majority of all the PLEB members shall
constitute a quorum.
If for any reason, the chairman is unable to attend a meeting or is
disqualified from participating therein, the members shall elect from
themselves a temporary chairman to perform the duties appurtenant
thereto.
When a PLEB member, after sufficient notice, fails or refuses to attend the
hearings and/or deliberations thereof without any valid and justifiable reason
and the Board could not proceed for lack of quorum, the Chairman or the
designated presiding officer may request the Sangguniang Panlungsod/Bayan
or the Liga ng mga Barangay or the City/Municipal Peace and Order Council
concerned to designate a temporary representative therein in order to attain
the required quorum; Provided That, such temporary representative shall act
as such only for the specific case.
Sec. 10. Disqualification 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 the proceeding and the case shall be tried by the
remaining members: Provided, That there is sufficient number to constitute a
quorum. In the event that the PLEB could not proceed with the hearing for
lack of quorum, the Peace and Order Council, or the sangguniang
panlungsod/bayan, or the Liga ng mga Barangay of the city/municipality
concerned shall appoint temporary member/s to hear and decide the specific
case only.
RULE III
VENUE AND JURISDICTION OVER CITIZENS COMPLAINT
Section 1. Venue. The PLEB shall be the central receiving entity for
any citizens complaint against a uniformed member of the PNP. As such,
every citizens complaint, regardless of the imposable penalty for the offense
alleged, shall be filed with the PLEB of the city/municipality or legislative
district where the offense was allegedly committed.
Upon receipt and docketing of the complaint, the PLEB 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.

Page | 6

If the city or municipality where the offense was committed has no PLEB, the
citizens complaint shall be filed with the regional or provincial office of the
Commission nearest the residence of the complainant.
Complaints involving breach of internal discipline as defined in Section 1(d)
Rule 1 of these Rules shall be filed with the proper PNP disciplinary authority
pursuant to Section 41(b) of R.A. No. 6975 as amended.
Sec. 2. Jurisdiction over Citizens Complaint. The following shall have
jurisdiction over citizens complaint:
a) Chiefs of Police, where the offense charged is punishable by withholding of
privileges, restriction to specified limits, suspension or forfeiture of salary, or
any combination thereof, for a period not exceeding fifteen (15) days.
b) Mayors of cities or municipalities, where the offense charged is punishable
by withholding of privileges, restriction to specified limits, suspension or
forfeiture of salary, or any combination thereof, for a period of not less than
sixteen (16) days but not exceeding thirty (30) days;
c) Peoples Law Enforcement Board, where the offense charged is punishable
by withholding of privileges, restriction to specified limits, suspension or
forfeiture of salary, or any combination thereof, for a period not exceeding
thirty (30) days; or dismissal, forced resignation or demotion of rank.
The jurisdiction of the PLEB to hear and decide citizens complaint pertains to
complaints of private individuals against PNP men and not by PNP men
against their co-members or officers in a professional capacity, except, when
they filed such a complaint in their private capacity and not as members of
the PNP.
Sec. 3. Principle of Exclusivity. 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 forwarded to the appropriate authority which has jurisdiction over the
offense.
Sec. 4. When 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 PLEB 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
Investigation of the PLEB shall be submitted to the Office of the President,
through the Commission, for disposition.
RULE IV
PROCEDURE
Page | 7

Section 1. Complaint. All proceedings must be commenced by a

complaint in writing and signed under oath, by the aggrieved party or his/its
duly authorized representative or guardian against any member of the PNP
who appears to be responsible for the administrative offense charged.
Said complaint shall be filed in at least three (3) copies with the Office
of the PLEB of the city/municipality where the offense was committed.
Sec. 2. Formal Requirements of a Complaint. The Complaint shall be
drawn in clear, simple, brief and concise language and must contain the
name of the respondent, his rank and address, the designation of the offense
complained of, the place, date and time of commission of the offense, and a
brief statement of relevant and material facts.
Sec. 3. Prohibition Against 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, or in a sworn
certification annexed thereto and simultaneously 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; and
d) That if he/she should thereafter learn that a similar action or proceeding
has been filed or is pending before any other police disciplinary authority,
he/she undertakes to report such fact within five (5) days therefrom to the
disciplinary authority wherein the original complaint or pleading and sworn
certification contemplated herein have been filed.
Sec. 4. Notice. Within three (3) days upon receipt of the complaint,
the PLEB shall furnish a copy thereof to the respondent, directing him/her to
submit his/her answer thereto within five (5) days from receipt thereof,
together with whatever documentary evidence he/she may have in support
of the defense.
Sec. 5. Answer. The answer shall be in writing, under oath and must
contain material facts, which may either be a specific denial or affirmation of
the allegations in the complaint. It shall be accompanied by documentary or
other evidence, if there be any, in support of the defense, copy furnished the
complainant. It shall also contain a list of witnesses and their individual
addresses.
The answer shall be filed in at least three (3) copies either personally
or by registered mail. The answer is deemed filed on the date and hour of
receipt stamped by the post office on the envelope, if filed by registered

Page | 8

mail. Said envelope shall be kept and made an integral part of the records of
the case.
No motion to dismiss, motion for bill of particulars or any other
interlocutory motion shall be allowed hence, filing of the same shall not
interrupt the running of the reglementary period for filing an answer.
Sec. 6. Effect of Failure / Refusal To File Answer. Failure of the
respondent to file an answer within the reglementary period shall be
considered as a general denial of the charges.
Sec. 7. Effect of Admission By Respondent. When the respondent in
his answer admits his culpability to the charge, the PLEB shall, nonetheless,
proceed with the hearing in order to determine the degree of his
responsibility, and the appropriate penalty to be imposed.
Sec. 8. Pre-Hearing Conference. Within five (5) days from receipt of
the answer, the PLEB shall summon the parties to a pre-hearing 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 e)
threshing out all other matters relevant to the case.
The conference shall be completed in one (1) day and the proceedings
thereof shall be duly recorded and signed by the parties and/or counsels.
Where the parties are represented by counsel, the latter shall be made to
sign and/or file a certificate of readiness to appear at the scheduled
hearings. In said certification, the date of hearing agreed upon by both
counsels shall be strictly followed to avoid unnecessary delay in the
proceeding.
In no circumstance shall there be an amicable settlement of the case.
Sec. 9. Hearing Proper. Within five (5) days from the termination of
the conference, the PLEB 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.
Sec. 10. Order of Hearing. The order of the hearing before the PLEB
shall be as follows:
a) The complainant shall adduce evidence with proper identification and
marking thereof of his exhibits;
b) The respondent shall then present evidence in support of his defense with
proper identification and marking thereof of his exhibits;
Page | 9

c) The proceedings being summary in nature, direct examination of

witnesses shall be dispensed with and the sworn statements/affidavits 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 (15)
minutes. Prolonged argumentation and other dilatory proceedings shall not
be entertained.
Sec. 11. Proceedings In the Absence of Counsel. If the respondent at
the start of the proceedings appears without any counsel, the chairman of
the PLEB shall inform him/her of his/her right to avail of one if he/she
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 the determination of the issues and in
arriving at a just and fair conclusion.
Sec. 12. Postponement. Postponement of hearing should be
discouraged and shall be allowed only in meritorious cases, such as illness of
a party or his/her counsel and/or other similar unavoidable causes. A
request for postponement on the ground of illness shall be supported by a
duly sworn medical certificate.
Regardless of the ground invoked, not more than two (2)
postponements shall be granted. Accordingly, the next scheduled hearing
shall proceed as scheduled.
Sec. 13. Request for Preventive Suspension. The PLEB may ask any
authorized superior to place under preventive suspension a subordinate
police officer who is the subject of a complaint. In the following cases the
superior officer shall not deny a request for preventive suspension:
a) when the respondent refuses to heed the PLEBs 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 in a position to unduly influence the witnesses.
The period of preventive suspension shall not 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 against him.

Page | 10

While under preventive suspension, respondent shall not receive his

salary and other benefits. However, in case of 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
penalty of suspension should the respondent be found culpable, except when
it is so stated in the decision of the PLEB.
Sec. 14. Prohibition of Reassignment of Respondent During the
Pendency of an Administrative Case. 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 PLEB shall
notify the immediate superior of respondent of the pending case.
Sec. 15. Effect of Failure / Refusal / 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
PLEB 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 prosecute the case.
In cases where the culpability of the respondent can be established by
evidence other than the testimony of the complainant, non-appearance of
the latter shall not be a ground to terminate the proceedings. The PLEB shall
endeavor to continue with the hearing and secure the attendance of other
vital witnesses to avoid a miscarriage of justice.
Sec. 16. Effect of Failure or Refusal of Respondent 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 favor and the said scheduled
hearing shall proceed ex-parte.
Sec. 17. Effect of Exoneration. A finding of non-culpability on the
respondent PNP member who has been placed on preventive suspension
shall entitle him to immediate 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 on account of any other criminal and/or administrative case.
Sec. 18. Effect of Retirement. The optional or compulsory retirement
of the respondent shall not affect the pendency of his administrative case
and the award of the retirement benefits due him shall be subject to its final
adjudication.

Page | 11

Sec. 19. Effect of 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 dismissing the case shall be issued by the proper disciplinary
authority hearing the case.
Sec. 20. Stenographic Records of Proceedings. The testimony of each
witness and the manifestation of the Chairman and members of the PLEB,
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 of Stenographer Not Available. Where the
services of stenographer is not available, a substantial account of the
proceedings duly certified to as correct by the Chairman of the PLEB shall
suffice.
Sec. 22. Nature and Contents of the Decision. Decision, as used in
these rules, is the written findings of fact by the PLEB as established 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 the 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 liable, 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.
Sec. 23. Respondent Found Liable For an Offense Different and
Distinct From That to Which He Was Charged. 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.
Sec. 25. Finality of Decision. (A) The decision of the PLEB exonerating
or reprimanding the respondent in an administrative case is final and
executory upon receipt of a copy thereof by the parties, hence unappealable.
Page | 12

(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 final and executory only after the
lapse of ten (10) days from the receipt of a copy thereof by the respondent
unless the latter files 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
reconsideration or appeal as the case may be, within the reglementary
period of ten (10) days shall not suspend the implementation thereof.
Sec. 26. Application of the Principle of Res Judicata/Bar 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;
b) The Disciplinary Authority rendering the same must have jurisdiction over
the subject matter and over the parties;
c) It must be a judgment on the merits; and ,
d) There must be between the two (2) cases, identity of parties, identity of
subject matter and identity of cause of action.
Sec. 27. Motion for Reconsideration. The respondent may file a
motion for reconsideration from the decision rendered by the PLEB 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 (1) motion for reconsideration shall be allowed and the same
shall be considered and decided by the PLEB within fifteen (15) days from
receipt thereof.
Sec. 28. Service of Decision. Copies of the decisions, orders and
resolutions issued by the PLEB shall be served either personally or by
registered mail. Whenever possible service of decisions and other papers
shall be done personally.
Sec. 29. Maintenance of Docket Books. The PLEB shall keep a docket
book for administrative complaints in which all complaints shall be properly
entered adn given their corresponding number in the order of their receipt.
The docket book shall contain the following records:
Page | 13

a) Number and title of the case;

b) Date the case was filed or received by the PLEB;
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 not cognizable by the PLEB;
g) Date the respondent received a copy of the complaint;
h) Date the respondents 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;
l) 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,
o) 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;
e) Number of cases heard during the quarter;
f) Number of cases pending hearing;
g) Number of cases decided during the quarter;
h) Number of respondents found culpable/exonerated; and,

Page | 14

i) Number of petitions for reconsideration filed/resolved.

RULE V
APPEAL
Section 1. Appeal. In cases where the decision of the PLEB 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 the decision.
Likewise, the appellant is required to submit the memorandum of
appeal in three (3) copies with the Regional Appellate Board (RAB) concerned
within ten (10) days from filing of notice of appeal.
In addition, the respondent shall submit to the RAB 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 action.
Sec. 2. Period to Act on Appeal. The Regional Appellate Board shall
decide the appeal within the period of sixty (60) days from 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 PLEB 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
ADMINISTRATIVE OFFENSES
Section 1. Administrative Offenses. The following are the offenses
for which a member of the PNP may be charged administratively:
a. Neglect of duty
b. Irregularity in the Performance of Duty
c. Misconduct
d. Incompetency
Page | 15

e. Oppression
f. Dishonesty
g. Disloyalty to the Government
h. Violation of Law
Sec. 2. Definition of Offenses. The foregoing offenses are defined as
follows:
a. Neglect of duty or Nonfeasance is the omission or refusal, without
sufficient excuse, to perform an act or duty which was the peace officers
legal obligation to perform; it implies a duty as well as its breach.
b. Irregularity in the Performance of Duty is the improper
performance of some acts, which might lawfully be done.
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
abuses his powers.
Misconduct generally means 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 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 and
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 a peace 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.
f. Dishonesty is the concealment or distortion of truth in a matter of
fact relevant to ones office, or connected with the performance of his duties.
g. Disloyalty to the Government consists of abandonment or
renunciation of ones 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
Page | 16

ADMINISTRATIVE PENALTIES
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 fine
e. Demotion
f. Forced Resignation
g. Dismissal
Sec. 2. Limitation in the Imposition of Penalties. If the penalty of
suspension is imposed by the PLEB, 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, availment 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 determination 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
Page | 17

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:
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 penalty shall be imposed where only mitigating and
no aggravating circumstances are present.
c. The medium of the penalty shall be imposed where no mitigating
and aggravating circumstances are present.
d. The maximum of the penalty shall be imposed where only aggravating and
no mitigating circumstances are present.
e. Where aggravating and mitigating circumstances are present, rule (b)
shall be applied where there are more mitigating circumstances present; rule
(c) shall be applied where the circumstances equally off-set each other; rule
(d) shall be applied when there are more aggravating circumstances.
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
circumstances.
Sec. 5. Range of Penalties. The period of penalties shall be as follows:
A. For Light Offenses
1. Minimum Period = 1 day to 10 days
2. Medium Period = 11 days to 20 days
3. Maximum Period = 21 days to 30 days
B. For Less Grave Offenses
1. Minimum Period = 31 days to 45 days
2. Medium Period = 46 days to 60 days
Page | 18

3. Maximum Period = 61 days to 3 months

C. For Grave Offenses
1. Minimum Period = 3 months suspension
2. Medium Period = demotion or forced resignation
3. Maximum Period = dismissal
Sec. 6. Administrative Disability Inherent in Certain Penalties. The
following are the administrative disabilites 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
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.
c. The penalty 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
Section 1. Repealing Clause. All issuances contrary to or inconsistent
with this Circular are hereby amended or repealed accordingly.
Sec. 2. Separability Clause. If any portion or provision of these Rules
is declared illegal, the same shall not affect 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.
Sec. 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 of SEPTEMBER at Makati City, Philippines.
JOSE DAVID LIMA, JR.
Chairperson
Page | 19

ROGELIO A. PUREZA
Commissioner
Vice-Chairperson and Executive Officer
EDGAR DULA TORRES
Commissioner
LINDA L. MALENAB-HORNILLA
Commissioner
HERMOGENES EBDANE, JR.
Commissioner
Attested by:
ROSALINDA CRUZ
Acting Board Secretary

Page | 20