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References
1. Pertinent Provisions of RA
6975, as amended by RA
8551 and further amended
by RA 9708;
2. LOI Patnubay II and its
IMPLAN on the Investigation
and Prosecution Aspect
References
3. NAPOLCOM Memorandum
Circular No. 2007-001
Uniform Rules of Procedure
before the Administrative
Disciplinary Authorities and the
Internal Affairs Service of the
Philippine National Police
Sequence of
Presentation
I.
Administrative Disciplinary
Machinery (Legal Basis)
- RA 6975, as amended by 8551 and
further amended by RA 9708
II. LOI PATNUBAY II
- Conceptual Framework
- Organizational Chart Task Force
Patnubay II
Sequence of
Presentation
III. UNIFORM RULES OF ADMIN
PROCEDURE
PART 1
Administrative Disciplinary
Authorities, Internal Affairs Service
(IAS), Appellate Bodies and their
Respective Jurisdictions
Sequence of
Presentation
III. UNIFORM RULES OF ADMIN
PROCEDURE
PART 2
Conduct of Formal Summary Hearing
PART 3
Administrative Offenses and Penalties
PART 1
Administrative Disciplinary
Authorities, Internal Affairs
Service (IAS), Appellate
Bodies and their Respective
Jurisdictions
ORIGINAL JURISDICTION
Citizens complaint
Breach of internal discipline
Summary dismissal powers of the
NAPOLCOM, Chief,PNP and PNP
Regional Directors
Internal Affairs Service
Citizens Complaint
Withholding of privileges; restriction to
specified limits; restrictive custody;
suspension or forfeiture of salary; or any
combination thereof.
Disciplinary Authority
(DA)
Jurisdiction based on
impossable penalty
a) Chiefs of Police or
Directors of City Police
Offices
c) Peoples Law
Enforcement Board
period exceeding 30
days; demotion or by
Citizens Complaint
Disciplinary
Authority (DA)
d) Provincial or
Regional Internal
Affairs Service (IAS)
Jurisdiction
All other citizens
complaints against PNP
members, who are not
assigned in the
municipal station or
city police
office/station or in
areas where no PLEB is
organized where
offense was committed.
Breach of internal
discipline
admonition; reprimand; restriction to
specified limits; withholding of privileges;
suspension or forfeiture of salary; or any
combination
Disciplinary Authority
(DA)
Jurisdiction based on
impossable penalty
a) Chiefs of Police or
Directors of City Police
Offices
b) Provincial Directors
or Equivalent
Supervisors
c) Regional Directors or
Breach of internal
discipline
Disciplinary
Authority (DA)
d) Chief of the PNP
Jurisdiction based on
impossable penalty
dismissal from the
service; demotion;
suspension or forfeiture
of salary or combination
thereof for a period not
exceeding one hundred
eighty days (180) days.
d)
e)
Jurisdiction
evidence was compromised,
tampered with, obliterated, or lost
while in custody of police
personnel;
a suspect is in custody of the
police was seriously injured; and
established rules of engagement
have been violated.
a)
b)
c)
d)
Appellate Jurisdiction
PART 2
Conduct of Formal
Summary Hearing
PART 3
Administrative Offenses
and Penalties
Punishable Offenses
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 officers
legal obligation to perform; implies a
duty as well as its breach and the fact
can never be found in the absence of
duty.
Punishable Offenses
2. Irregularities in the
Performance of Duty or
Misfeasance is the improper
performance of some act which
might be lawfully done.
Punishable Offenses
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 where necessity may demand; it
does not necessarily imply
corruption or criminal intention.
Punishable Offenses
4. 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 and moral quality, the
lack of which substantially
incapacitates a person to perform the
duties of a police officer.
Punishable Offenses
5. 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.
Punishable Offenses
6. 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.
Punishable Offenses
7. Disloyalty to the Government
consists of the abandonment or
renunciation of ones loyalty to the
government of the Philippines, or
advocating the overthrow of the
government, through overt or
covert acts.
Classification of
Offenses
Light Offenses
Less Grave Offenses
Grave Offenses
Imposable Penalties
1.
2.
3.
4.
5.
6.
Withholding of privileges;
Restriction to specified limits;
Restrictive custody;
Forfeiture of salary;
Suspension;
Any combination of penalties
under sec. 1, subparas a to e (refer
to your notes)
7.
8.
Range of Penalties
FOR LIGHT OFFENSES
Withholding of privileges;
restriction to specified limits;
restrictive custody; suspension or
forfeiture of salary; or any
combination thereof
Minimum Period: 1 to 10 days
Medium Period : 11 to 20 days
Maximum Period: 21 to 30 days
Range of Penalties
FOR LESS GRAVE OFFENSES
Withholding of privileges;
restriction to specified limits;
restrictive custody; suspension or
forfeiture of salary; or any
combination thereof
Minimum Period: 31 to 40 days
Medium Period : 41 to 50 days
Maximum Period: 51 to 59 days
Range of Penalties
FOR GRAVE OFFENSES
Minimum Period: 60 days to 6
months suspension
Medium Period : One (1) rank
demotion
Maximum Period: Dismissal from
the
service
Limitations on
Penalties
Mitigating
Circumstances
1.
2.
3.
4.
5.
illness;
good faith;
length of service in government;
awards and commendations; and
analogous circumstances.
Aggravating
Circumstances
1.
2.
3.
4.
Aggravating
Circumstances
5.
6.
7.
8.
Aggravating
Circumstances
9.
10.
11.
12.
13.
Guidelines in the
Application of Penalties
a)
b)
Guidelines in the
Application of Penalties
c)
d)
e)
Guidelines in the
Application of Penalties
f)
g)