0% found this document useful (0 votes)
1K views79 pages

1.3 PNP Disciplinary Mechanism

Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1/ 79

Module 1.

3 PNP Disciplinary Mechanism

PNP DISCIPLINARY
MECHANISM

IOBC 1
Module 1.3 PNP Disciplinary Mechanism

Lesson Goal

The lesson aims to instill awareness to the


participants of the PNP Disciplinary Mechanism

IOBC 2
Module 1.3 PNP Disciplinary Mechanism

Scope of Presentation

• Identify who is a Police Officer


• References governing PNP Administrative Disciplinary
Mechanism
• PNP Disciplinary Law and Order general provisions
• Jurisdiction of Cases Procedures to be observed at the
NHQ, Regional and NSU level regarding citizen’s
complaint

IOBC 3
Module 1.3 PNP Disciplinary Mechanism

Scope of Presentation
• Summary dismissal powers of the NAPOLCOM, Chief,
PNP and the Regional Directors
• Commencement of a complaint
• Pre-charge evaluation procedure
• Summary hearing procedure
• Offenses punishable and the imposable penalties
• Different administrative remedies

IOBC 4
Module 1.3 PNP Disciplinary Mechanism

Who is a Police Officer?

IOBC 5
Module 1.3 PNP Disciplinary Mechanism

A Police Officer – a man


in uniform

The man in uniform


belongs to the elite in public service.
... He is a gentleman. He is given arms
to insure his capability as an instrument
of peace.

…However, when he wavers and fails to


live up to the highest standard of
fidelity to his country and people,

IOBC 6
Module 1.3 PNP Disciplinary Mechanism

A Police Officer – a man


in uniform

…He becomes an outlaw and disgrace


to his uniform.

The State has the right to hold him


to account for his transgressions
and to see to it that
he cannot use the awesome powers of
his status to jeopardize the security and
peace of the citizenry.

Abadilla vs. Fidel Ramos


G.R. 79193, 1 Dec. 1987
IOBC
 
7
Module 1.3 PNP Disciplinary Mechanism

References Governing Admin Disciplinary Mechanism

• Revised Rules on Administrative Cases in the


Civil Service (RRACCS)
- applies to NUP

• NAPOLCOM Memorandum Circular No. 2007-001


- applies to all members of the PNP (PCOs and
PNCOs) before the different administrative
disciplinary authorities and the Internal Affairs
Service.

IOBC 8
Module 1.3 PNP Disciplinary Mechanism

References Governing
Admin Disciplinary System

DISTINCTIONS:
NAPOLCOM MC 2007-001 RRACCS

Pre-Charge Evaluation Preliminary Investigation


Probable Cause Prima Facie Case
Reglementary period of 10 Reglementary period of 15
days days

IOBC 9
Module 1.3 PNP Disciplinary Mechanism

PNP Disciplinary Law and


Order General Provisions

Definition of terms:
Answer – a pleading in which a respondent or
sets forth the negative and affirmative defenses

Appellate Bodies – RAB and NAB of


NAPOLCOM; and SILG

Breach of Internal Discipline –minor offense


affecting the order and discipline within the police
organization

IOBC 10
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Citizen’s Complaint – initiated by natural or


juridical person or 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 PNP member

IOBC 11
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Conduct Unbecoming of a Police Officer – done in


official or private capacity which seriously
compromising 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 the police service.

IOBC 12
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Decision – the written disposition of the disciplinary


authority or appellate body stating clearly the facts and
the law upon which it is based

Disciplinary Authorities – shall refer to the city or


municipal mayors; COPs or equivalent supervisors;
PDs or equivalent supervisors; RDs or equivalent
supervisors; PLEB; Chief PNP; NAPOLCOM En Banc

IOBC 13
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Equivalent Supervisors – PNP Officers occupying


positions/designations equivalent to that of COP, PD
and RD who are vested with disciplinary authority
over personnel of their respective offices, charged
with minor offenses involving breach of internal
discipline.

IOBC 14
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Formal Charge – a complaint initiated before any of


the disciplinary authorities or IAS after finding the
existence of probable cause

IOBC 15
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Forum Shopping – the filing of several complaints


arising from one and the same cause of action
involving the same parties asking for the same relief
with the different administrative disciplinary authorities,
the IAS and Office of the Ombudsman

Jurisdiction – authority vested by law to hear and


decide a case

IOBC 16
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Minor Offenses – not involving moral turpitude, but


affecting the internal discipline of the PNP, and shall
include but not limited to:
• simple misconduct
• negligence
• insubordination
• frequent absences and tardiness
• habitual drunkenness; and
• gambling prohibited by law

IOBC 17
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Moral Turpitude – done contrary to justice, honesty,


modesty, or good morals

Newly Discovered Evidence – 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

IOBC 18
Module 1.3 PNP Disciplinary Mechanism

Definition of terms
Pending Case – a case when the respondent had
been formally charged before any of the disciplinary
authorities or IAS; or appeal is pending with any of the
appellate bodies
 
Recidivist – a person who has been previously
penalized for a grave offense and is again charged of
another or the same grave offense

IOBC 19
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Reglementary Period – the period required by law or


these Rules to perform a specific act

Repeatedly Charged – formally charged


administratively for at least 3 times and was found
culpable in any one of them and meted a penalty not
lower than 60 days suspension

IOBC 20
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Serious Charge – a complaint involving an offense


where the maximum imposable penalty is dismissal
from the service
 
Subpoena Ad Testificandum – a process directed
to a person requiring him to appear and testify in an
investigation or hearing
 

IOBC 21
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Subpoena Duces Tecum – a process directing a


person to appear and bring with him books,
documents or things under his control in an
investigation or hearing
 
Substantial Evidence – such relevant evidence as
reasonable mind might accept as adequate to support
a conclusion

IOBC 22
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Summary Hearing Officer – officer designated by the


disciplinary authority or IAS to conduct the formal
hearing, and to submit a ROI
 
Summary Proceeding – an expeditious
administrative proceeding conducted consistent with
due process to determine the culpability or innocence
of the respondent

IOBC 23
Module 1.3 PNP Disciplinary Mechanism

Definition of terms

Summons – written notice informing the respondent


that he is charged with an offense and directing him
to file his Answer.

IOBC 24
Module 1.3 PNP Disciplinary Mechanism

Jurisdiction of Admin
Cases
A. Citizen’s Complaint
IMPOSABLE PENALTIES PERIOD DA
withholding of privileges; not exceeding 15 days COP, CD
restriction to specified
limits; suspension or
forfeiture of salary; or any
combination thereof
-do- not less than 16 days but Mayors
not exceeding 30 days
-do- exceeding 30 days PLEB
plus demotion or by
dismissal from the service
IOBC 25
Module 1.3 PNP Disciplinary Mechanism

Jurisdiction of Admin
Cases

A. Citizen’s Complaint
*All other citizen’s complaints where no PLEB is
organized shall be filed with the provincial or regional
IAS where the offense was committed.

IOBC 26
Module 1.3 PNP Disciplinary Mechanism

Jurisdiction of Admin
Cases

B. Breach of Internal Discipline


IMPOSABLE PENALTIES PERIOD DA
admonition; reprimand; restriction total period COPs or ES
to specified limit; withholding of shall not
privileges; forfeiture of salary or exceed 15
suspension; or any combination days

admonition or reprimand; total period PDs or ES


restrictive custody; withholding of shall not
privileges, forfeiture of salary or exceed 30
suspension; or any combination days

IOBC 27
Module 1.3 PNP Disciplinary Mechanism

Jurisdiction of Admin
Cases

B. Breach of Internal Discipline


IMPOSABLE PENALTIES PERIOD DA
dismissal from the service; total period RDs or
admonition or reprimand; shall not ES
restrictive custody; withholding of exceed sixty
privileges; suspension or (60) days
forfeiture of salary; demotion ; or
any combination

by dismissal from the service; not Chief, PNP


demotion; suspension or exceeding
forfeiture of salary, or any 180
combination thereof days
IOBC 28
Module 1.3 PNP Disciplinary Mechanism

Procedures to be Observed
at the NHQ Level
SOURCE

COMPLAINT RECEIPT TASK GROUP, CPNP COMPLAINT ACTION


OFFICE, CRAC PCRG, DPRM

W/ VERIFIABLE DATA
W/O VERIFIABLE DATA EXCEPT WITH VERIFIABLE DATA BUT W/O
W/ SS AFFIDAVIT OR
COMPLAINT ITSELF ANY DOCUMENTS/AFFIDAVIT
DOCUMENT/S

CIDG VALIDATION &


DIDM, PCE DI, IG VALIDATION
INVESTIGATION

WITH W/O
PROBABLE PROBABLE WITH BASIS W/O BASIS WITH BASIS W/O BASIS
CAUSE CAUSE

FORMAL
DROP &
CHARGE,
CLOSE
PENDING CASE

DLOD, DPRM

SHO-HEARING RESOLUTION D, LS REVIEW DECISION ARCHIVE

IOBC 29
Module 1.3 PNP Disciplinary Mechanism

Procedures to be Observed
at the RHQ/NSU Level
SOURCE

COMPLAINT RECEIPT TASK GROUP, RD COMPLAINT ACTION


OFFICE, CRAC, RPHRDD, PPOs, CPOs, MPS

W/ VERIFIABLE DATA
W/O VERIFIABLE DATA EXCEPT WITH VERIFIABLE DATA BUT W/O
W/ SS AFFIDAVIT OR
COMPLAINT ITSELF ANY DOCUMENTS/AFFIDAVIT
DOCUMENT/S

RIDMD/RHQ, PPO, CPO MPS CIDG VALIDATION/


VALIDATION RIU, RID
INVEST SECTION - PCE INVESTIGATION

WITH W/O
PROBABLE PROBABLE WITH BASIS W/O BASIS WITH BASIS W/O BASIS
CAUSE CAUSE

FORMAL
DROP &
CHARGE,
CLOSE
PENDING CASE

LOS, RPHRDD

RIAS SHO-
RESOLUTION RLS REVIEW DECISION ARCHIVE
HEARING
IOBC 30
Module 1.3 PNP Disciplinary Mechanism

A. Summary Dismissal Case


1. Charge is serious and evidence of guilt is strong;

2. Respondent is a recidivist /repeatedly charged and


there are reasonable grounds to believe that he is
guilty of the charge;

3. Respondent is guilty of a serious offense involving


conduct unbecoming of a police officer; and

4. AWOL for a continuous period of 30 days calendar


days or more.

IOBC 31
Module 1.3 PNP Disciplinary Mechanism

B. Respondent is a Presidential Appointee

• can only be subjected to summary hearing after


clearance from the Office of the President

• ROI together with the complete


original records of the case
to be submitted to the Office
of the President

IOBC 32
Module 1.3 PNP Disciplinary Mechanism

Principle of Exclusivity

• A complaint shall be heard and decided exclusively


by the disciplinary authority which first acquired
original jurisdiction over the case.

• Any disciplinary authority or IAS Officer who violates


this provision shall be proceeded against
administratively for serious irregularity in the
performance of duty.

IOBC 33
Module 1.3 PNP Disciplinary Mechanism

Complaint, How to Initiate?

1. by filing a written and sworn statement, accompanied


by:

a. affidavits of witnesses and other evidence.

b. certificate of non-forum shopping,


if none, the complainant is required to submit within 5 days
from notice; otherwise the complaint shall be dismissed
 
 

IOBC 34
Module 1.3 PNP Disciplinary Mechanism

Complaint, How to Initiate?

2. If verbally made, the concerned agency shall


assist the complainant in preparing his complaint-
affidavit and supporting documents.
 
3. A letter complaint complainant and witnesses
must affirm their signatures and to execute affidavits
to substantiate the complaint, accompanied by a
certificate of non-forum shopping.
 
4. An anonymous complaint must be validated.
IOBC 35
Module 1.3 PNP Disciplinary Mechanism

QUESTION?

What is the prescriptive period of an


Administrative Case?

IOBC 36
Module 1.3 PNP Disciplinary Mechanism

Prescriptive Period Of An Administrative Case

Jurisprudence
• Administrative offenses do not prescribe
(Floria vs. Sunga, 368 SCRA 551).

• Defense of Prescription not applicable.

IOBC 37
Module 1.3 PNP Disciplinary Mechanism

Pre-charge evaluation

• A process to determine the existence of


probable cause based on the allegations on the
complaint and supporting evidence.

• Within 3 days, from receipt of the complain, evaluate the


same and submit recommendation
to the concerned disciplinary authority for proper
disposition.
 

 
IOBC 38
Module 1.3 PNP Disciplinary Mechanism

Evaluation
 

Determine whether it shall be:

•closed or dropped outright for lack of probable cause;

•referred to the appropriate disciplinary authority;

•treated as a grievance/request for assistance which may be


referred to the concerned office or government agency; or

•recommended for summary hearing.

IOBC 39
Module 1.3 PNP Disciplinary Mechanism

Preventive Suspension of the Respondent by the DA and IAS

Respondent may suspended for a period not exceeding 90 days


under the following instances:

a. The charge is serious or grave and the evidence of guilt is


strong.

b. Respondent is exerting efforts to harass, intimidate, coerce


or unduly influence the complainant or his/her witnesses into
withdrawing his complaint or retracting his sworn statement or
that of his witnesses or to tamper with the evidence.
 
 

IOBC 40
Module 1.3 PNP Disciplinary Mechanism

Preventive Suspension of the Respondent by the


PLEB

 
a. When the respondent refuses to heed to summons or subpoena;

b. When the PNP personnel have 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.


 
 

IOBC 41
Module 1.3 PNP Disciplinary Mechanism

Prohibition of Reassignment of Respondent

During the Pendency of an Administrative Case, a


respondent PNP member shall not be
reassigned or transferred, unless the concerned
disciplinary authority or IAS certifies that the
presence of the respondent is no longer necessary.

IOBC 42
Module 1.3 PNP Disciplinary Mechanism

Nature of a Summary Hearing

 
• Shall not strictly adhere to technical rules of
procedure and evidence applicable in judicial
proceedings

• Sworn statements/affidavits – identification and


affirmation of the truth of its contents

• Documents – proof of authenticity or reliability

IOBC 43
Module 1.3 PNP Disciplinary Mechanism

Conduct of Summary Hearing

  SHO ISSUE SUMMONS TO THE


RESPONDENT WITHIN 3 DAYS
• DEFINIE AND
SIMPLIFY ISSUES
RESPONDENT SUBMITS ANSWER IN
• ENTER INTO
WRITING WITHIN 5 DAYS FROM THE
ADMISSIONS/STIP
RECEIPT OF SUMMONS
ULATION OF
FACTS
• LIMIT THE NO. OF
ORDER OF SUMMARY PRE-HEARING CONFERENCE WITHIN WITNESSES
HEARING 10 DAYS FROM RRECEIPT OF • SCHEDULE
ANSWER. FINISHED WITHIN 2 DAYS HEARING
• MARKING OF
• COMPLAINANT EVIDENCE
ADDUCE EVIDENCE HEARING PROPER WITHIN 5 DAYS • THRESHING OUT
• RESPONDENT FROM PHC MATTERS
PRESENT EVIDENCE
• EXAMINATION OF
WITNESS BASED ON SHO MAY REQUIRE THE PARTIES TO
UBMIT THEIR RESPECTIVE POSITION SUMMARY
EVIDENCE PRESENTED
PAPER WITHIN 10 DAYS HEARING MAY
• CLARIFICATORY
BE DISPENSED
QUESTIONS MAY BE
W/ INSTEAD
ALLOWED IF
MEMO OR
REQUESTED SHO HAVE 30 DAYS TO SUBMIT ROI POSITION
TO DA WHO DECIDES THE CASE PAPER BE
WITHIN 30 DAYS SUBMITTED
IOBC 44
Module 1.3 PNP Disciplinary Mechanism

Right to Counsel in Admin Proceedings

Administrative inquiry may or may not be


assisted by counsel, irrespective of the nature
of the charges and of the respondent’s
capacity to represent himself, and no duty
rests on such body to furnish the person being
investigated with counsel. (Remolona vs. CSC,
362 SCRA 304)

IOBC 45
Module 1.3 PNP Disciplinary Mechanism

Question

What is the possible effect


of the retraction or withdrawal of complaint by the
complainant?

IOBC 46
Module 1.3 PNP Disciplinary Mechanism

Answer

Proceedings against a public officer or


employee for misconduct, malfeasance cannot
be withdrawn at any time by the complainants
and should not be made to depend on their
whims and caprices since the complainants are,
in real sense, only witnesses. (Florendo vs.
Enrile, 239 SCRA 22 [1994])
 

IOBC 47
Module 1.3 PNP Disciplinary Mechanism

Offenses Punishable and


Imposable Penalties

 
1. Neglect of Duty or Nonfeasance

  
2. Irregularities in the Performance of Duty or
Misfeasance
3. Misconduct or Malfeasance
4. Incompetence
5. Oppression
6. Dishonesty
7. Disloyalty to the Government
 

IOBC 48
Module 1.3 PNP Disciplinary Mechanism

Classification of Offenses
 

A. LIGHT OFFENSES:
 
 1. Simple Neglect of Duty
2. Simple Irregularity in the Performance of Duty
3. Slight or Simple Misconduct
 
B. LESS GRAVE OFFENSES:
 1. Less Grave Neglect of Duty
2. Less Grave Irregularities in the Performance of
Duties
3. Less Grave Misconduct

IOBC
 
49
Module 1.3 PNP Disciplinary Mechanism

Classification of Offenses

 C. GRAVE OFFENSES:


 
1. Serious Neglect of Duty
2. Serious Irregularities in the Performance of Duties
3. Grave Misconduct
4. Oppression
5. Gross Incompetence
6. Disloyalty to the Government
7. Dishonesty

 
IOBC 50
Module 1.3 PNP Disciplinary Mechanism

Imposable Penalties

The following are the penalties that may be imposed in


police administrative cases:
a. Withholding of privileges
b. Restriction of specified limits
c. Restrictive custody
d. Forfeiture of salary
e. Suspension
f. Any combination of penalties (a to e)
g. One (1) rank demotion
h. Dismissal from the service
IOBC 51
 
Module 1.3 PNP Disciplinary Mechanism

Range of Penalties

For Light Offenses:


PENALTIES RANGE PERIOD
Withholding of 1 day to 10 days Minimum
privileges; restriction to
specified limits;
restrictive custody,
suspension or forfeiture
of salary; or any
combination

-do- 11 days to 20 days Medium

-do- 21 days to 30 days Maximum

IOBC 52
 
Module 1.3 PNP Disciplinary Mechanism

Range of Penalties

For Less Grave Offenses:


PENALTIES RANGE PERIOD
Withholding of 31 day to 40 days Minimum
privileges; restriction
to specified limits;
restrictive custody,
suspension or
forfeiture of salary;
or any combination

-do- 41 days to 50 days Medium

-do- 51 days to 69 days Maximum


IOBC 53
 
Module 1.3 PNP Disciplinary Mechanism

Range of Penalties

For Grave Offenses:


PENALTIES PERIOD

Sixty (60) days to Six (6) Minimum


months suspension

One (1) rank demotion Medium

Dismissal from the service Maximum

IOBC 54
Module 1.3 PNP Disciplinary Mechanism

Limitation in the Imposition


of Penalties

• Forfeiture of salary - the amount shall not exceed the


equivalent of one (1) month salary.

• The penalty of “Withholding of Privileges” shall be


confined to:
a. deferment of vacation leave privileges,
b. participation in training grants or programs and
c. other similar privileges normally enjoyed by
civil service employees.

IOBC 55
Module 1.3 PNP Disciplinary Mechanism

Qualifying Circumstances

Mitigating Circumstances:
1. Illness
2. Good Faith
3. Length Of Service In The Government
4. Awards And Commendations
5. Analogous Circumstances

IOBC 56
Module 1.3 PNP Disciplinary Mechanism

Aggravating Circumstances

  1. Taking advantage of official position;


  2. Taking undue advantage of subordinate;
3. Use of government property in the commission of
the offense;
4. Repeatedly charged;
5. Offense is committed during office hours and/or
within the premises of the government office or
building;

IOBC 57
Module 1.3 PNP Disciplinary Mechanism

Aggravating Circumstances

6. Employment of fraudulent means to commit or


conceal the offense;
7. Intoxication;
8. Being a recidivist
  9. Offense committed in consideration of a price
or reward;

IOBC 58
Module 1.3 PNP Disciplinary Mechanism

Aggravating Circumstances

10. Victim is a minor, feeble minded, or physically


disabled;
11. Offense is committed in cooperation with two (2)
or more persons;
12. Utilizing minor in the commission of the
offense; and
13. Analogous circumstances

IOBC 59
Module 1.3 PNP Disciplinary Mechanism

Guidelines in the
Application of Penalties

a. Like penalties shall be imposed for like offenses and


only one penalty shall be imposed for each case.

b. For minimum period, only mitigating and no


aggravating circumstances are present.

c. For medium period, no mitigating and aggravating


circumstances are present.

IOBC 60
Module 1.3 PNP Disciplinary Mechanism

Guidelines in the
Application of Penalties

d. For maximum period, 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;
 
IOBC 61
Module 1.3 PNP Disciplinary Mechanism

Guidelines in the
Application of Penalties

• rule (d) shall be applied when there are more


aggravating circumstances

f. If the respondent is found guilty of 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.

IOBC 62
Module 1.3 PNP Disciplinary Mechanism

Guidelines in the
Application of Penalties

g. Mitigating and aggravating circumstances must


be invoked by the party concerned, otherwise not
to be considered in the determination of penalty
to be imposed

IOBC 63
Module 1.3 PNP Disciplinary Mechanism

Admin Disability Inherent in


Certain Penalties

a. The penalty of dismissal carry with it:


- cancellation of eligibility,
- forfeiture of retirement benefits, and
- disqualification for re-employment in the government.

b. The penalty of suspension carry with it that of


disqualification for promotion and withholding of
privileges corresponding to the period of suspension.

IOBC 64
Module 1.3 PNP Disciplinary Mechanism

Admin Disability Inherent in


Certain Penalties

c. The penalty of forfeiture of salary, which


consists of an amount not exceeding 1 month
salary, shall carry with it that of disqualification
for promotion corresponding to the period of
the penalty imposed.

IOBC 65
Module 1.3 PNP Disciplinary Mechanism

Administrative Remedies

 
A. Motion for Reconsideration
  within 10 days from receipt of a copy of the decision
on the following grounds:

1. Newly discovered evidence  

2. Errors of law or irregularities  

IOBC
  66
Module 1.3 PNP Disciplinary Mechanism

B. Appeal

 
How taken:

1. By filing a notice of appeal with the deciding authority


within 10 days from receipt of a copy of decision.
 
2. Submit Memorandum of Appeal in 3 copies NLT 15 days
from filing a notice of appeal.
 
*Failure to comply with 1 and 2 shall be sufficient ground for the
dismissal of the appeal.
 

IOBC 67
Module 1.3 PNP Disciplinary Mechanism

Nature of Right to Appeal

Perfection of an appeal within the statutory or


reglementary period is not only mandatory but also
jurisdictional and failure to do so renders the
questioned decision final and executory, and
deprives the appellate court or body of jurisdiction to
alter the final judgment much less to entertain the
appeal. (Republic vs. CA, 313 SCRA 376; Zacate
vs. Comelec, 353 SCRA 441).

IOBC 68
Module 1.3 PNP Disciplinary Mechanism

Question

May the complainant appeal from the


decision in an administrative case?

IOBC 69
Module 1.3 PNP Disciplinary Mechanism

Answer

Being a mere witness for the government,


complainant cannot appeal the decision rendered,
the right to appeal being limited by existing
jurisprudence to the respondent or to the CSC, the
persons considered as parties adversely affected
by the decision. (NAB vs. Mamauag, et al., G.R.
No. 149999, August 12, 2005).

IOBC 70
Module 1.3 PNP Disciplinary Mechanism

Question

Must the respondent be informed of the Findings and


Recommendation of an Investigating Committee or
Recommendation of the Hearing Officer?

IOBC 71
Module 1.3 PNP Disciplinary Mechanism

Answer

An investigating committee is under no legal


obligation to furnish respondent with a copy of
the resolution or report of investigation of the
committee or hearing officer containing his
findings and recommendation. 206 SCRA 256
[1992].

IOBC 72
Module 1.3 PNP Disciplinary Mechanism

Appellate Bodies

1. Regional Appellate Board

a. Decisions of the PLEB, PNP RD or ES where the


penalty imposed is demotion or
dismissal from the service;
 
b. Disciplinary recommendations of the Regional IAS not
acted upon by the PNP RD or ES within 30 days from
submission, the recommended penalty is demotion or
dismissal from the service

IOBC 73
Module 1.3 PNP Disciplinary Mechanism

Appellate Bodies

1. Regional Appellate Board

c. 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 .

IOBC 74
Module 1.3 PNP Disciplinary Mechanism

Appellate Bodies

2. National Appellate Board

a. Decisions of the Chief, PNP penalty is demotion or dismissal


from the service;
 
b. Disciplinary recommendations of the Inspector General, IAS
not acted upon by the Chief, PNP within 30 days form
submission by the Inspector General, IAS, where penalty is
demotion or dismissal; and
 
c. Decisions of the Inspector General affirming the Resolution
of the regional IAS dismissing the complaint for lack of probable
cause.
 
IOBC 75
Module 1.3 PNP Disciplinary Mechanism

Appellate Bodies

3. Appellate Jurisdiction Of SILG


•Decisions of the NAB and RAB
 
 
4. Appellate Jurisdiction Of The Civil Service
Commission
a. Decisions of the SILG;
b. Decisions of NAPOLCOM en banc as summary
dismissal authority

IOBC 76
Module 1.3 PNP Disciplinary Mechanism

QUESTIONS???

IOBC 77
Module 1.3 PNP Disciplinary Mechanism

Summary

In this lesson, we learned the following:


• A Police Officer – A Man in Uniform
• References Governing PNP Administrative
Disciplinary System
• PNP Disciplinary Law and Order general provisions
• Jurisdiction of Cases
• Procedures to be observed at the NHQ, Regional
and NSU level regarding citizen’s complaint

IOBC 78
Module 1.3 PNP Disciplinary Mechanism

Summary

• Summary dismissal powers of the NAPOLCOM,


Chief, PNP and the Regional Directors
• Commencement of a complaint
• Pre-charge evaluation procedure
• Summary hearing procedure
• Offenses punishable and the imposable penalties
• Different administrative remedies

IOBC 79

You might also like