PNP ADMINISTRATIVE DISCIPLINARY MACHINERY

By:

PMSg Joanne L Bibat

Asst Center Investigator, RTC1
Aringay, La Union
PNP ADMINISTRATIVE DISCIPLINARY MACHINERY
Overview
NAPOLCOM Memorandum Circular No. 2007-001
provides the Rules of Internal Affairs Service of the
Philippine National Police. Administrative discipline
takes it cue from no less than the fundamental
charter of the land. It provides that “no officer or
employee in the Civil Service shall be removed or
suspended except for cause as provided by law.”
The Administrative Disciplinary Authorities shall
refer to the city or municipality mayors, chief of
police or equivalent supervisors; provincial directors
or equivalent supervisors; regional directors or
equivalent supervisors; People’s Law Enforcement
Board (PLEB); Chief of the PNP; National Police
Commission En Banc (NAPOLCOM).

Appellate Bodies – shall refer to the Regional

Appellate Board (RAB) and the National Appellate
Board (NAB) of the Commission; and the Secretary
of the Interior and Local Government (SILG).
Breach of Internal Discipline – any offense committed
by a member of the PNP involving minor offense
affecting the order and discipline within the police
organization.

Citizen’s Complainant – a formal charge initiated by a

natural or juridical person or 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.
 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 compromising his character and
standing in the PNP in such a manner as to
unworthiness to remain in the police service.

Forum Shopping – the filing of several complaints

arising from one and the same cause of action
involving the same parties asking for the relief with the
different administrative disciplinary authorities, the
Internal Affairs Service and the Office of the
Ombudsman.
Minor Offense – any act or omissions not involving
moral turpitude, but affecting the internal discipline of
the PNP, and shall include but not limited to simple
misconduct; negligence, insubordination; and
gambling prohibited by law.

Moral Turpitude – includes everything which is done

contrary to justice, honesty, modesty, or good morals.

Recidivist – a person who has been previously

penalized for a grave offense and is again charged of
another or the same grave offense.
Repeatedly Charged – when a police officer was formally
charged administratively for at least three (3) times and
was found culpable in any one of them and meted a
penalty not lower than sixty (60) days suspension.
Serious Charge – refers to a complaint involving an offense
where the maximum imposable penalty is dismissal from the
service.
Summary Proceeding – an expeditious administrative
proceeding conducted consistent with due process to
determine the culpability or innocence of the respondent.
Administrative Offenses
The following are the offenses punishable and defined as follow:
1) Neglect of Duty or Nonfeasance - This refers to the
omission or refusal, without sufficient excuse, to perform an
act or duty, which it was the officer’s legal obligation to
perform; it also implies a duty as well as its breach and the
fact that can never be found in the absence of duty.
2) Irregularities in the Performance of Duty or
Misfeasance - This is the improper
performance of some acts which might lawfully
be done.

3) Oppression - This means 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 of liberty against
his will, is generally an act of oppression.
4) Dishonesty - It 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; and

5) Disloyalty to the Government - This

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 and covert acts.
 Classification of Offenses - For
purposes of determining jurisdiction and
applying the appropriate penalty,
administrative offenses are classified into:
a. Light
b. Less grave
c. Grave
LIGHT OFFENSES:
1. Simple Neglect of Duty shall include the
following:

a) fail to supervise, inspect and control

subordinates directly under his command as to their
punctuality, attendance, prescribe attire, proper use
and maintenance of equipment, preparation and
submission of reports, efficient performance of
their duties and responsibilities, and the observance
of good order, conduct, behavior and discipline.
b) fail to take corrective action by way of warning,
advise, admonition, suggestion or disciplinary
action to a subordinate, or to report such conduct
when such subordinate is committing or has
already committed a dereliction, irregularity or
violation of without leave;

c) fail to order of cause the investigation of a

subordinate reported to him as absent;

d) fail to disseminate any order, directive or

instruction;
e) fail to coordinate or cooperate with order law
enforcement agencies and their personnel;
f) absent oneself from office without having filed the
necessary application for leave or secured the
approval of the superior officer for a period not
exceeding three (3) days in a month;
g) fail or refuse to give his name and budge number
when properly requested;
h) fail to report upon declaration of alert level;
i) fail to report for duty in prescribed uniforms with
budge, identification card, service firearm and
other required equipment, except those required
to wear the prescribed uniform by reason of the
exigency of the service;
j) fail to keep an official appointment with a complainant,
informer or crime witness without lawful justification;
k)fail to submit a written report to his superior officer
immediately or within a reasonable time after
accidentally firing of his firearm, when time and
circumstances would permit;
l) fail to take custody of government issued property
from a member under his supervision who is
suspended, separated, retired or dead;
m) fail conduct within a reasonable period proper,
through a complete investigation when sign to do so;
n) fail to thoroughly search for, collect, preserve and
identify evidence in any arrest or investigation
conducted by him;
o) fail to take proper custody, record tag, and identify
property entrusted to him as evidence;
p) be delayed unnecessarily in attending to or in
performing a duty;
q) fail to inform his superior officer on his inability or
incapability to report for duty, attend a conference,
general inspection, or participate in a operation
r) delay or fail to respond to a call for assistance;
s) fail to inform his superior as to result of action
taken on a call or dispatch;
t) fail to report to his superior officer a hazardous
condition or dangerous situation;
u) fail to prepare and submit properly written
reports within the prescribes period of time, if
required by standing regulations;
 v)fail to report to a new assignment within ten (10) days
from the order of reassignment without sufficient
reason;
w) leave his post or beat before the end of tour of duty
of leave without the required turned over to the
incoming duty personnel.
2. Simple irregularity in the Performance of Duty
shall include the following:
a) drive a marked police vehicle while not in
prescribed uniform, except those who are not
required to do so by reason of the exigency of the
service;
b) use siren and/or red blinker light while not
responding to an emergency or hot pursuit of a fleeing
criminal or law violator;
c) malinger, loaf or consort with other while on duty or
arrange with another member to take his place during
his tour of duty, without prior approval of his superior;
d) allow unauthorized member of the PNP to drive marked
or unmarked police vehicles; interfere or obstruct the
work of other members or change the assignment or
tour of duty of subordinates not belonging to his
unit/office;
e) arrange with other member to take his post or tour of
duty without superior’s approval;
3. Slight or Simple Misconduct shall include but not
limited to the following:
a) fail to salute officials, dignitaries, superior officers
and other officials entitled thereto or the national colors
during the playing of the national anthem;
b) fight, threaten or quarrel with any member of the
police force; provide, that when the member being
challenged or threatened is one of higher rank, the
change shall be that of Grave Misconduct;
c) malinger, loaf or consort with other while on duty or
arrange with another member to take his place during
his tour of duty, without prior approval of his superior;
d) allow unauthorized member of the PNP to drive
marked or unmarked police vehicles; interfere or
obstruct the work of other members or change the
assignment or tour of duty of subordinates not
belonging to his unit/office;
e) arrange with other member to take his post or tour of
duty without superior’s approval;
3. Slight or Simple Misconduct shall include but not
limited to the following:
a) fail to salute officials, dignitaries, superior officers
and other officials entitled thereto or the national
colors during the playing of the national anthem;
b) fight, threaten or quarrel with any member of the
police force; provide, that when the member being
challenged or threatened is one of higher rank, the
change shall be that of Grave Misconduct.
c) malinger, loaf or consort with other while on duty
or arrange with another member to take his place
during his tour of duty, without prior approval of his
superior ;
d) allow unauthorized member of the PNP to drive
marked or unmarked police vehicles; interfere or
obstruct the work of other members or change the
assignment or tour of duty of subordinates not
belonging to his unit/office;
e)arrange with other member to take his post or
tour of duty without superior’s approval;

3. Slight or Simple Misconduct shall include but

not limited to the following:

a) fail to salute officials, dignitaries, superior

officers and other officials entitled thereto or the
national colors during the playing of the national
anthem;
c) b)fight, threaten or quarrel with any member of the
police force; provide, that when the member being
challenged or threatened is one of higher rank, the
change shall be that of Grave Misconduct;
d) read newspaper, books or periodical while in uniform
and on street duty;
d) be untidy or uncouth in his personal appearance and
behave in an ungentlemanly or undignified manner;
e) fail to recognize and justify any just debt;
f) engage in private business or practice his vocation or
profession during off duty hours without approval of
proper authority;
g) solicit attorneys, bondsmen or guarantors for arrested
or confined person;
h) fail to be home or to be at the place of confinement
without legitimate reason after having been reported
sick or suffering injuries;
i) use rude or insulting language or exhibits similar
rudeness to the public:
j) fail to report for record with the complaint or Desk
Officer a case prior to its investigation
k) allow or tolerate idlers, fixers or persons of
questionable character to stay or loiter in his office,
post or place of assignment without any legitimate
reason or purpose;
i) fail to maintain cleanliness and orderliness in his office,
premises, post or surrounding;
m) use official forms, letterheads, seals and stamps
privately or in violation of protocol; provided, that when
they are used for committing fraud or dishonesty, the
charge shall be Grave Misconduct;
n) be found to have the odor or smell of alcohol on his
breath while on duty, or possesses alcoholic beverages
on his person, police vehicle, post or office;
o) make or conduct unauthorized solicitations of
contributions from subordinates or private persons.
LESS GRAVE OFFENSES
1. Less Grave Neglect of Duty shall include but limited
to the following:
a) fail to execute lawful orders from higher authority or
tolerate any subordinate to ignore or ridicule any
order, rule or regulation;
 b) fail to make immediate correction or take appropriate
action when a dereliction, irregularity or violation of
law or duty is being committed or has been committed
in his presence by a subordinate under his command,
or fail to report the same to his commanding officer
within twenty-four (24) hours;
c) fail to prepare disciplinary or administrative complaint
or take such other disciplinary action as may be
necessary against a subordinate under his command
who has committed a serious dereliction, violation or
irregularity;
d) fail to comply with any lawful order or instruction of a
superior officer or the Chief of police;
e) fail to report immediately to his superior officer, or to
the Chief of Police the injury, illness, death or escape
of a prisoner who is under his custody;
f) fail to communicate to the Chief of Police , through
channel, any valuable information that will lead to the
apprehension of a wanted person, or furnish clues for
the solution of a case, for the recovery of the stolen
property;
g) fail to issue a traffic Citation Ticket (CTC) or
Temporary Operator’s Permit (TOP) to an offending
driver whose license is already confiscated;
h) fail to turn the used traffic Citation Ticket or Temporary
Operator’s Permit together with confiscated driver’s
license at the end of his tour of duty within twenty-four
(24) hours, or fail to account for the TCT’s issued to
and used by him;
i) fail to report as a peace officer any incident, condition
or occurrence witnessed by or reported to him which
calls for immediate police action;
j) fail to properly patrol his beat, sector or post or to
leave or abandon the same without being properly
relieved, fail to take appropriate action concerning
vice conditions in his beat and/or giver written
report of the same to his superior;

k) fail to report to his superior officer, within a

reasonable period, injury inflicted by him to a
person or animal, damage or loss of government
property while on or off duty;
l) fail to comply with the order of a court of competent
jurisdiction;
m) Willfully violate office regulations and/or refuse
or neglect to comply with said provisions;
n) Sleep on his post while performing patrol or
guard duty;
o) Absent oneself from the office without having
filed the necessary application leave or secured
the approval of the superior officer for a period
more than three (3) days but not exceeding
fifteen (15) days.
2. Less Grave Irregularities in the Performance
of Duties shall include the following:
a) apply for and serve a search or seizure warrant
in any establishment or private house without the
knowledge or approval of the Chief of police or
his superior officer;
b) Use traffic violation reports which are not duly
validated by the Land of Transportation Office
(LTO), the Metro Manila Development Authority
(MMDA), or city or municipal government;
c) use traffic violation reports duly validated by the
LTO, MMDA, or city/municipal government but
are not issued to him for traffic enforcement work;
d) use the official insignia, marking and seal of the
police force in any private owned vehicle, without
the authority of the Chief of Police/superior
officer;
e) disregard or violate traffic rules and regulations
while driving a police vehicle when not in pursuit
and not responding to an emergency call.
2. Less Grave Irregularities in the Performance of Duties
shall include the following:
a) apply for and serve a search or seizure warrant in any
establishment or private house without the knowledge or
approval of the Chief of police or his superior officer;
b) use traffic violation reports which are not duly validated by the
Land of Transportation Office (LTO), the Metro Manila
Development Authority (MMDA), or city or municipal
government;
c) use traffic violation reports duly validated by the LTO, MMDA,
or city/municipal government but are not issued to him for
traffic enforcement work;
d) use the official insignia, marking and seal of the police force
in any private owned vehicle, without the authority of the
Chief of Police/superior officer;
e) disregard or violate traffic rules and regulations while driving
a police vehicle when not in pursuit and not responding to an
emergency call.
 3. Less Grave Misconduct shall include but not limited
to the following:
a) take advantage of his position by procuring goods
and commodities at a losing price to an unwilling
seller, or partake of food, drinks and cigarettes free of
charge;
b) engage in regulated gambling or games of change,
while on duty;
c) be drunk and disorderly while on off duty, or drunk
while on duty and in uniform or in recognizable
uniform of the force;
d) maliciously intrigue against honor of a co-officer, or
indulge in idle gossip or spread rumors that tend to
discredit member;
e) exhibit marked discourtesy in the course of official
duties or use profane or insulting language to any
superior officer;

f) serve as escort or security officer, whether on foot or

by motor vehicle, for any private individual regardless
of his status in social or religious circle on any
occasion, unless authorized by the Chief of Police or
the appropriate officials authorized to do so;

g) take a trip abroad without approved leave and

approval of the authorities concerned;
h) borrow or solicit money or any valuable from his
subordinate unless the latter is engage in the
lending business.
GRAVE OFFENSES
1. Serious Neglect of Duty shall include but not
limited to the
2. following:
a) fail or refuse to take command in an emergency
in order to carry out police duty, being the officer
present with the highest rank, grade or position;
b) fail to prevent or suppress the criminal act of a
subordinate being committed in his presence or
fail to report the same to the chief of Police
within twenty-four (24) hours after discovery;
c) fail to apprehend and/or arrest a person under
circumstances where it is his duty to do so;
d) fail to return personal effects of released prisoners
or other property used in evidence the release of
which is ordered by competent authority or court;
e) fail to perform his assigned mission or fail to
participate in an operation for the security of the
President, or other high ranking officials of the
Philippines or foreign head of state;
f) fail to administer first aid when able and/or convey to
the hospitals, victims of traffic accidents persons shot
or stabbed, persons electrocuted, and other who are
dying in need of urgent medical or surgical attention;
g) fail to quell a disturbance or to protect a person from
death or injury when able to do so;
h) fail to help a brother peace officer in apprehending or
arresting a violator who resists, or in subduing one
assaulting the arresting officer, or in disarming an
armed violator or in coming to the succor of another
officer who is wounded, injured or outnumbered;
i) fail to appear and testify in court, prosecutor’s office,
the PNP disciplinary authorities, appellate bodies,
the IAS or any other quasi-judicial body when duly
notified or subpoenaed as witness. If his non-
appearance resulted in the dismissal of the case or
the acquittal of the accused; or when he is principal
witness or the arresting officer, the penalty of
dismissal from the service shall be imposed;
j) absent oneself from office without having filed
the necessary application form
leave or secured approval of the authorized
official for a period of more than fifteen (15) days
prior to the enjoyment of the leave.
2. Serious Irregularities in the Performance of
Duties shall include the following:
k) act as body guard or security guard for any
public official or candidate for any elective public
office or position or any other person within three
(3) months immediately preceding any election
and within one (1) month thereafter, without
authority from the Commission on Election;
b) act as body guard or security guard for the
person or property of any public official, or
private person unless approved by the proper
authorities concerned;
c) reveal secret or confidential police matters and
information which jeopardize police mission and
operations, or which cause injury or damage to
citizens;
d) unauthorized establishment of checkpoints in
any public thoroughfare for the purpose of
stopping or searching vehicles or persons or if
authorized does not comply with the Rules set
by the PNP;
e) unauthorized escorting of any vehicle carrying
highly dutiable or taxable goods, merchandise,
appliances or machinery:
f) failure to turn to the police station within a
reasonable period any apprehended or arrested
person;
g) countermand any lawful order of the mayor, chief of
police, or his superior officer;
h) perform the duties and functions of customs or
immigration authorities without proper arrested
person;
i) escort or allow other members to escort detention
prisoners outside the jail in order to attend a funeral,
visit a sick relative, or solicit a bond without an order
the court proper jurisdiction.
3. Grave Misconduct shall include the following:
a) maltreatment or abuse any prisoner or detained
person under his custody;
b) receive for personal use of a fee, gift or other
valuable thing in the course of official duties or in
connection therewith when such fee, gift or other
valuable thing is given by any person in the hope
of expectation of receiving a favor or better
treatment than that accorded to other persons, or
committing acts punishable under the anti-graft
laws;
c) join a strike or refuse to report for duty in order
to secure changes in terms and conditions of his
employment, or to oust the chief of police or any
other officer from office;
d) contract loans of money or other property from
person with whom the PNP office has business
relations;
e) solicit accept directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of monetary
value which in the course of his official duties or in
connection with any operation being regulated by, or
any transaction which may be affected by the
functions of his office. The propriety or impropriety of
the foregoing shall be determined by its value,
kinship, or relationship between the giver and
receiver and the motivation. A thing monetary value
is one which is evidently or materially excessive by
its very nature;
f) fail or refuse to surrender or deposit his
service firearm, badge, identification card
and police vehicle, if any, to his superior
officer upon demand during the superior of
suspension;
g) willful failure to pay just debt or obligation
due to the government;
h) appropriate for his or allow another person
the beneficial use of any stolen property that
is recovered, found, or abandoned;
i) solicit directly or indirectly in partisan
political activities or take part in any election
except to vote;
k) deliberately or though gross negligence, destroy,
damage or lose government property entrusted to
him for official use;
l) mutilate, deface or destroy any driver’s license,
traffic citation ticket or temporary operator’s
permit issued in lieu thereof;
m) inflict physical injuries upon a suspect to force
the latter to give a confession;
n) act as mediator or fixer for the return of any
stolen vehicle or property whether held for
ransom or not;
o) commit any act or omission that constitutes a
crime punishable under the revised penal Code
or Special laws.
 Dishonesty
a) any member who shall knowingly enter in his
information Sheet or CSC 212 Form, or in his
individual Police Profile, for which facts are not
true, or conceal or distort material facts;
b) makes a false report entry in the police blotter or
any department record;
c) gives deliberate false testimony against or in
favor a person facing a criminal or administrative
charge;
d) destroy, conceal, or tamper physical evidence to
be presented in court or any office conducting an
investigation by exchanging, altering, damaging
or diluting as to affect its original appearance,
composition and content;
e) intentionally provide the public with false
information affecting interest.
Section 1. Imposable Penalties - The following
are the penalties that may be imposed in police.
a) Withholding of privileges
b) Restriction to specified limits
c) Restrictive custody
d) Forfeiture of salary
e) Suspension
f) Any combination of penalties under Section 1,
sub paragraphs (a) to (e)
g) One (1) rank demotion
h) Dismissal from the service
Section 2. Range of Penalties
The penalties for light, less grave and grave
offenses shall be made in accordance with the
following ranges:

For Light Offenses

a) Withholding of privileges; restriction to specified

limits; restrictive custody; suspension or forfeiture
of salary; or any combination thereof from one (1)
day to ten (10) days (minimum period);
b) Withholding of privileges; restriction to specified
limits; restrictive custody; suspension or forfeiture
of salary; or any combination thereof from eleven
(11) days to twenty (20) days (medium period)

c) Withholding of privileges; restriction to specified

limits;

d) restrictive custody; suspension or forfeiture of

salary; or any combination thereof from twenty
one (21) days to thirty (30) days (maximum)
 For Less Grave Offenses
a) Withholding of privileges; restriction to specified
limits; restrictive custody; suspension or forfeiture
of salary; or any combination thereof from thirty-
one (31) days to forty (40) days (minimum)
b) Withholding of privileges; restriction to specified
limits; restrictive custody; suspension or forfeiture
of salary; or any combination thereof from forty
one (41) days to fifty (50) days (medium period)
c) Withholding of privileges; restriction to specified
limits; restrictive custody; suspension or
forfeiture of salary; or any combination thereof
from fifty 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)

Administrative Disciplinary Authorities

A) Chiefs of Police or Equivalent Supervisors:

 Admonition;
 Reprimand;
 Restriction to specified limits;
 Withholding of privileges;
 Forfeiture of salary or suspension, or any combination of the
foregoing not exceeding fifteen (15) days.
 b) Provincial Directors or Equivalent
supervisors:
Admonition;
Reprimand;
Restrictive Custody;
Withholding of privileges;
Forfeiture of salary or suspension, or any
combination of the foregoing not exceeding
thirty (30) days.
 c) Regional Directors or Equivalent
Supervisors:
Admonition;
Reprimand;
Restrictive Custody;
Withholding of privileges;
Forfeiture of salary or suspension, or any
combination of the foregoing not exceeding
sixty (60) days.
Demotion; or
Dismissal from the service
 d) Chief of the PNP:
Dismissal from the service
Demotion;
Suspension or Forfeiture of Salary, or any
combination thereof for a period not exceeding one
hundred eighty (180) days

 NOTE: The c, PNP has the authority to place police

personnel under restrictive custody (Preventive
Measure) during the pendency of a grave
administrative or criminal offense against him.
c) People’s Law Enforcement Board (PLEB)
 Withholding of privileges;
 Restriction to specified limits;
 Suspension or forfeiture of salary, or any combination
thereof, for a period exceeding thirty (30) days;
 Demotion; or
 Dismissal from the service.

d) All other citizen’s 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, shall
be filed with Provincial or Regional Internal Affairs Service
where offense was committed; provided, that jurisdiction of
the summary dismissal authorities shall not be affected.