Professional Documents
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National Police Commission: Interior and Local Government Act of 1990" As Amended by Republic Act No. 8551
National Police Commission: Interior and Local Government Act of 1990" As Amended by Republic Act No. 8551
Pursuant to Republic Act No. 6975 otherwise known as the "Department of' the
Interior and Local Government Act of 1990" as amended by Republic Act No. 8551
otherwise known as the "Philippine National Police Reform and Reorganization Act of
1998' the provisions of NAPOLCOM Memorandum Circular No. 2007-001(NMC 2007-
001) are hereby revised.
RULE 1
PRELIMINARY PROVISIONS
Section 1. Title. — These Rules shall be known and cited as the Revised Rules
of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs
Service of the Philippine National Police.
RULE 2
GENERAL PROVISIONS
Section 1. Definition of Terms. — As used in these Rules, the following terms shall be
understood to mean as follows:
b) Appellate Bodies - shall refer to the Regional Appellate Board (RAB) and
National Appellate Board (NAB) of the Commission; the Secretary of the Interior
and Local Government (SILG); and the Civil Service Commission (CSC);
h) Decision - the written disposition of the case by any Disciplinary Authority, IAS or
Appellate Body stating clearly the facts and the law upon which it is based;
1. Chief of Police
a. Chief, Provincial Public Safety Company
b. Chief, District Public Safety Battalion
c. Chief, Police Station of Manila Police District and Quezon City Police District
2. Provincial Director
a. Director, City Police Office of Highly Urbanized or Chartered Cities
b. Chief, Regional Public Safety Battalion
c. Chief, Regional Administrative Support Unit
d. Chief, Regional Operational Support Unit
3. Regional Director
a. Director, Police District Office, National Capital Region Police Office
b. Director, National Administrative Support Unit
c. Director, National Operational Support Unit
k) Finality of Decision - there is finality of decision when upon the lapse of ten (10)
days from receipt or notice of such decision, no motion for reconsideration or
appeal has been filed in accordance with these Rules;
q) 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;
r) Pending Case - refers to a case when the respondent has been formally charged
before any Disciplinary Authority or IAS or the Office of the Ombudsman; or an
appeal is pending with any of the Appellate Bodies;
bb) 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;
l. Violation of the provisions of Republic Act No. 1379 (An Act Declaring
Forfeiture in Favor of the State Any Property Found to Have Been
Unlawfully Acquired By Any Public Officer or Employee and Providing
the Proceedings Thereof);
4. Plunder under Republic Act No. 7080 (An Act Defining and
Penalizing the Crime of Plunder);
a) That the complainant has not filed or commenced any complaint involving
the same cause of action in any other Disciplinary Authority, IAS or Office of'
the Ombudsman;
c) That if there is any such complaint which is either pending or may have
been terminated, the complainant must state the status thereof; and
A. ORIGINAL JURISDICTION
RULE 3
CITIZEN'S COMPLAINT
RULE 4
d)Chief of' the PNP where the imposable penalty is dismissal from the
service; demotion; suspension or forfeiture of salary, or any combination
thereof for a period not exceeding one hundred eighty (180) days. The Chief
of the PNP has the authority to place police personnel under restrictive
custody during the pendency of a grave administrative or criminal case
against him.
RULE 5
d) When any member or officer has been absent without official leave for a
continuous period of thirty (30) calendar days or more; Provided, that where
dropping from the rolls is resorted to as a mode of separation from the
service, the police officer can no longer be charged for Serious Neglect of
Duty arising from absence without leave (AWOL) and vice versa.
Section 2. Where filed. — The complaint may be filed before the following
disciplinary authorities:
RULE 6
d) incidents where a suspect in the custody of the police was seriously injured;
e) incidents where the established rules of engagement have been violated.
B. APPELLATE JURISDICTION
RULE 7
Section 2. Quorum. - The presence of the chairperson and any one of its
members shall constitute a quorum. If the chairperson or any member is related to
the complaining witnesses or respondent within the fourth civil degree by affinity or
consanguinity, he/she shall be disqualified from participating in the deliberation of the
appeal. In case of disqualification of the chairperson, a RAB chairperson from another
NAPOLCOM regional office or another senior official of the Commission shall be
designated by the Vice Chairperson and Executive Officer to sit as chairperson of the
Board in the disposition of that particular case-
Section 3. What are Appealable. - The following are appealable to the RAB:
RULE 8
a) Decisions of the Chief of the PNP where the penalty imposed is demotion
or dismissal from the service;
RULE 10
C. SPECIAL PROVISIONS
RULE 11
Section 2. Functions, Powers and Duties. - The PLEB has the power to hear
and decide citizen's complaints formally filed with, or referred to it against any
uniformed member of the PINP.
c) Three (3) other members, who can be removed only for cause, chosen by
the city/municipal 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 Chairperson of the PLEB shall be elected from among its members.
Applying the provisions of Article 152, Chapter IV, Title Ill, Book Il of the Revised
Penal Code, the members of the PLEB are considered persons in authority.
Section 5. 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 sooner removed for cause.
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
Liga ng Mga Barangay ends upon the expiration of his term of office as
Sangguniang Panlungsod/Bayan member or as Barangay Chairman/Punong
Barangay. If reelected, and subsequently re-designated to the PLEB, he must take
a new oath of office.
Section 6. Budget Allocatin. - The annual budget of the city or municipality shall
include an item and the corresponding appropriation for the maintenance and operation
of their local PLEB(s).
Section 7. Quorum. The presence of three (3) members of the PLEB shall
constitute a quorum: Provided, however, that a vote of at least three (3) members shall
be required in rendering a decision.
When a PLEB member, after sufficient notice, fails or refuses to attend the
hearings and/or deliberations of the Board without any valid and justifiable reason and
it could not proceed for lack of quorum, the Chairperson or the designated presiding
officer may request the Sangguniang Panlungsod/Bayan or the Liga ng mga Barangay
or the City/MunicipaI Peace and Order Council, as the case may be, to designate a
temporary representative to enable the body to constitute a quorum: Provided, that
such temporary representative shall act as such only for the specific case.
PART 11
COMMON PROVISIONS
RULE 12
VENUE
b) When there is an imminent and direct threat to the life and limb of any of
the parties so as to frustrate the successful investigation of the administrative case; or
c) When any of the parties is harmed the cause of which or the motive is
closely related to the pending case; or
RULE 13
COMMENCEMENT OF COMPLAINT
RULE 14
PRE-CHARGE INVESTIGATION
The respondent may then submit his comment/counter-affidavit within five (5)
days from receipt of the complaint, provided however, that failure of the respondent to
submit his comment/counter-affidavit shall be construed as a waiver thereof.
Section 3. Pre-Charge Investigation Report. - Within five (5) days from the
termination of the pre-charge investigation, the investigating officer shall submit to the
Disciplinary Authority or LAS the Pre-Charge Investigation Report for approval together
with the complete case records to include the formal charge.
Section 4. Motion for Re-Investigation. - The complainant may file a motion for
reinvestigation to the Disciplinary Authority within three (3) days from receipt of the
resolution of the investigating officer / unit dropping or closing the complaint for lack of
probable cause on the ground that palpable mistake was committed in the appreciation
of the complaint, counter-affidavit and other supporting evidence. Only one motion for
reinvestigation shall be allowed which shall be resolved within fifteen (15) days from
receipt thereof.
RULE 15
RULE 16
PREVENTIVE SUSPENSION
a) That the charge is serious or grave and the evidence of guilt is strong; or
RULE 17
Section 2. 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 as well as the presence of mitigating circumstance/s, if any. The
respondent/s may attach therewith documentary evidence in support of his defense,
copy furnished the complainant.
The answer shall be filed either personally or by registered mail, with proof of
appropriate service to the complainant. If the answer is sent by registered mail, it is
deemed filed on the date of receipt stamped by the post office on the envelope. Said
envelope shall be kept and made an integral part of the answer and records of the
case.
The disciplinary authority shall not entertain request for clarification, bill of
particulars, motion to dismiss, and any other motion which are obviously designed to
delay the administrative proceedings. If any of these pleadings are filed by the
respondent, the same shall not toll the reglementary period for filing an Answer.
Section 5. Pre-Hearing Conference. - within fifteen (15) days from receipt of the
answer, the PLEB or the Summary Hearing Officer shall conduct the 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) marking of exhibits after proper
identification by the parties/signatories• and d) threshing out other matters relevant to
the case. The proceedings in the pre-hearing conference shall be recorded duly signed
by the parties and Summary Hearing Officer or PLEB.
Section 6. Submission of Position Papers. - The PLEB or the Summary Hearing
Officer shall direct the parties to file, within fifteen (15) days from the termination of the
pre-hearing conference, their respective verified position papers in lieu of a full blown
hearing taking into account the summary nature of administrative proceedings. The
position papers shall contain only those charges, defenses and other claims contained
in the affidavits and pleadings filed by the parties. Any relevant affidavits and/or
documentary evidence may be attached by the parties to their position papers.
Upon receipt of the position papers, affidavits and other pleadings filed, the
PLEB or the Summary Hearing Officer may consider the case submitted for resolution.
The failure of any party to submit position paper shall be considered as a waiver
thereof.
Section 7. Clarificatory Hearing. - Within five (5) days from receipt of the position
paper of the parties or after the expiration of the period to file the same, a party may
move Of the Summary Hearing Officer or the PLEB may issue an order, for the
conduct of a one-time clarificatory hearing where the parties shall be afforded the
opportunity to be present and submit written clarificatory questions to the Summary
Hearing Officer or the PLEB which will determine whether or not the questions are
necessary and relevant to the fact in issue.
Thereafter, the parties rnay submit their respective proposed draft decision for
the consideration of the Summary Hearing Officer or the PLEB in arriving at its findings
and conclusions. The failure of any party to submit the same shall be deemed a waiver
thereof.
In the event that the respondent who has retired is found guilty and the penalty
of suspension is imposed, the corresponding amount relative to the period of
suspension shall be deducted from that portion of his retirement benefits that are
allowed by law.
Section 12. Effect of Death. - The administrative case against the respondent
who dies during the pendency thereof must be resolved as follows:
Section 14. Where Services of' Stenographer Not Available. - In areas and
cases, where the services of a stenographer are not available, a substantial account of
the proceedings duly certified to as correct by the Disciplinary Authority or Summary
Hearing Officer shall suffice.
In cases filed before the IAS, the provincial director, regional director and the
Inspector General shall resolve and forward its recommendation to the disciplinary
authority, within thirty (30) days from receipt of the report of investigation from the
Summary Hearing Officer.
Section 16. Period to Render Decision. - The Disciplinary Authority shall decide
the case within thirty (30) days from receipt of the Report of Investigation, or IAS
resolution. With regard to the PLEB, each case shall be decided within sixty (60) days
from the time the case is filed before it.
Section 17. Contents of Decision. - The decision shall contain the full name of
the parties, rank and assignment of the respondent, the offense charged, a brief
statement of the material and relevant facts, the findings as established by the
evidence on record, the conclusion, the applicable laws, rules and regulations,
jurisprudence, and the disposition thereof.
Section 18. Respondent Found Liable for an Offense Separate and Distinct from
which he was Charged. - A respondent may be found culpable of an offense separate
and distinct from that which he was charged: Provided that the acts constituting the
offense of which he was found culpable were alleged in the complaint and the
respondent was given the opportunity to answer.
Section 19. Finality of Decision. - The disciplinary action imposed upon a
member of the PNP shall be final and executory: Provided, that a disciplinary action
imposed by the PNP regional director or by the PLEB involving demotion or dismissal
from the service may be appealed to the RAB within ten (10) days from receipt of the
copy of the notice of decision: Provided, further, that the disciplinary action imposed by
the Chief of the PNP involving demotion or dismissal may be appealed to the NAB
within ten (10) days from receipt thereof.
Section 20. Motion for Reconsideration. - The party adversely affected by the
decision may file a motion for reconsideration with the Disciplinary Authority which
rendered the same within ten (10) days from receipt of a copy thereof based on any of
the following grounds:
A motion for extension of time to file a motion for reconsideration shall not be
allowed.
The filing of a timely motion for reconsideration shall stay the implementation of
the decision sought to be reconsidered. Only one (1) motion for reconsideration shall
be allowed and the same shall be considered and decided by the Disciplinary Authority
within fifteen (15) days from receipt thereof.
RULE 18
SERVICE OF NOTICES AND SUMMONS
Section 1. To whom and by whom served - (a) All notices and summons shall be
served to the respondent in person by the process server or by registered mail at
his/her official station/last known place of assignment or last known address as stated
in his/her Personal Data Sheet.
(b) If personal service is not possible or when the respondent refuses to receive
the notices or summons, service may be made by leaving a copy of the same with the
Administrative Officer at his official station or with any responsible member of
respondent's household at his last known address provided that if the latter also
refuses to receive the summons or notices, service may be made to the official of the
barangay office in that area.
In all instances, a Return of Service by the server shall be made within twenty-
four (24) hours from service to the respondent, either personally or by registered mail.
Section 2. Service of' Subpoenas and The PNP official to whom it is addressed must
Interlocutory Orders. - Subpoenas and other make the appropriate return to the Disciplinary
interlocutory orders shall be served personally in the Authority or Appellate Body indicating the action taken
manner provided for under Rule 18 hereof; Provided on the referral / order for implementation. Any PNP
however, that if the complainant and/or respondent is officer charged with the implementation of a Decision
represented by counsel, service of orders to the which has become final and executory who fails to
counsel shall be deemed service to his client. implement the same shall be liable for serious neglect
of duty.
Section 3. Service of Final Orders / Decisions /
Resolutions. - Final orders, decisions or resolutions Section 5. Maintenance of a Docket Book. - A
shall be docketed before its release by the Disciplinary docket book shall be maintained by the Disciplinary
Authority or IAS and shall contain, among others, the
following: a) date and time of receipt of the pre-charge office that rendered the decision or resolution, copy
investigation report; (b) the case number; (c) the name furnished the other party, within ten (10) days from
of the parties; (d) the offense charged; (e) the receipt of a copy of the decision.
Summary Hearing Officer to whom it was assigned; (f)
the date and time of receipt of the case folder by the Section 2. Appeal Fee. - The appellant shall pay
Summary Hearing Officer; (g) the date and time the the prescribed appeal fee, whenever required, and the
report of investigation of the Summary Hearing Officer proof of payment thereof shall be attached to the notice
was received by the Disciplinary Authority or LAS; (h) of appeal.
the date the decision was promulgated by the
Disciplinary Authority; (i) the date the decision was Section 3. Notice of Appeal and Memorandum
received by the parties; (j) the date the decision On Appeal. (a) A Notice of Appeal shall be filed in three
became final and the issuance of the certificate of (3) legible copies which shall contain the following: l)
finality; (k) the date the implementing order was the material dates showing that it was filed on time; 2)
issued; (1) the date the motion for reconsideration, if the assignment of the specific errors of fact or law, or
any, was received by the Disciplinary Authority; (m) the both, allegedly committed by the Disciplinary Authority;
date the motion for reconsideration, if any, was 3) the specific Appellate Body to which the appeal is
resolved by the Disciplinary Authority; (n) the date the being taken; and 4) the complete mailing address and
notice of appeal, if any, was received by the contact information of the appellant or counsel.
Disciplinary Authority; and (o) other matters relevant to
the case. The appellant shall submit a Memorandum on
Appeal in three (3) legible copies simultaneous with
the Notice of Appeal or not later than fifteen (15) days
RULE 20
from the filing of the notice of appeal, copy furnished
APPEAL the other party-
o) fail to take proper custody, record, tag, and w) any other omission or refusal, without
identify property entrusted to him as sufficient excuse, to perform an act or duty
evidence; that is analogous to the foregoing.
p) fail to report to his superior officer his inability 2) Simple Irregularity in the Performance of Duty —
or incapability to report for duty, attend a shall include but not limited to the following:
conference, general inspection, or participate
in an operation; a) drive a marked police vehicle while not in
prescribed uniform, except those who are
q) fail to respond to a call for assistance; not required to do so by reason of the
exigency of the service;
r) fail to inform his superior as to the result of
action taken on a call or dispatch; b) use siren while not responding to an
emergency or not in hot pursuit of a fleeing
criminal or law violator;
s) fail to report to his superior officer a
hazardous condition or dangerous situation;
c) malinger, loaf or consort with others while on
duty or arrange with another member to take
t) fail to prepare and submit properly written
his place during his tour of duty, without prior
reports within the prescribed period;
approval of his superior;
u) fail to report to a new assignment within ten d) allow unauthorized member of the PNP to
(10) days from the order of reassignment drive marked or unmarked police vehicles;
without sufficient reason;
e) interfere or obstruct the work of other
members or change the assignment or tour
of duty of subordinates not belonging to his e) fail to recognize and satisfy any jus! debt
unit/office; clue to a private individual;
f) be delayed unnecessarily in attending to or
in performing a duty; f) solicit attorneys, bondsmen or guarantors for
arrested or confined persons;
g) delay in responding to a call I-or assistance;
g) fail to be home or to be at the place of
h) any other improper performance of an act or confinement without legitimate reason after
duty chat is analogous to the foregoing. having been reported sick or suffering
injuries;
3) Simple Misconduct -- shall include but not limited
to the following: h) use rude or insulting language or exhibit
similar rudeness to the public;
a) fail to salute officials, dignitaries, superior
officers and other officials entitled thereto or i) fail to report for record with the Complaint or
the national colors during the playing of the Desk Officer a case prior to its investigation;
national anthem;
j) allow or tolerate idlers, fixers or persons of
b) fight, threaten or quarrel with any member of questionable character to stay or loiter in his
the police force; provided, that when the office, post or place of assignment without
member being challenged or threatened is any legitimate reason or purpose;
one of higher rank, the charge shall be that
of Grave Misconduct; k) fail to maintain cleanliness and orderliness in
his office, premises, post or surroundings;
c) read newspaper, books or periodicals while
in uniform and on street duty; l) use official forms, letterheads, seals and
stamps privately or in violation of protocol;
d) be untidy or couth in his personal provided, that when they are used for
appearance and behave in an committing fraud or dishonesty, the charge
ungentlemanly or undignified manner; shall be Grave Misconduct;
m) be found to have the odor or smell of alcohol a) fail to execute lawful orders from higher
on his breath while on duty or possesses authority or tolerate any subordinate to ignore
alcoholic beverages on his person, police or ridicule any order, rule or regulation;
vehicle, post or office;
b)fail to make immediate correction or take
n) make or conduct unauthorized solicitations appropriate action when a dereliction,
of contributions from subordinates or private irregularity or violation of law or duty is being
persons. committed or has been committed in his
presence by a subordinate under his
o) commit any act or omission that constitutes command, or fail to report the same to his
a crime punishable under the Revised Penal commanding officer within twenty-four (24)
Code or special laws where the duration of hours;
the imposable penalty is imprisonment of
one (I) day to thirty (30) days. c) fail to take disciplinary action as may be
necessary against a subordinate under his
4) Simple Dishonesty includes (a) dishonest acts that command who has committed a serious
did not cause damage or prejudice to the dereliction, violation or irregularity;
government as well as those with no direct
relation to or do not involve the duties and d)fail to comply with any lawful order or
responsibilities of the respondent; (b) dishonest instruction of a superior officer or the Chief of
acts that did not result in any gain or benefit to Police;
the offender, and where the information falsified
is not related to employment in case of e) fail to report immediately to his superior
falsification of official document. officer, or to the Chief of Police the injury,
illness, death or escape of a prisoner who is
B. LESS GRAVE OFFENSES under his custody;
1) Less Grave Neglect of Duty — shall include but t) fail to communicate to the Chief of Police,
not limited to the following: through channels, any valuable information
that will lead to the apprehension of a
wanted person, or furnish clues for the
solution of a case or for the recovery of m) willfully violate office regulations and/or refuse
stolen property; or neglect to comply with said provisions;
g) fail to issue a Traffic Citation Ticket (TCT) or n) sleep on his post while performing patrol or
Temporary Operator's Permit (TOP) to an guard duty;
offending driver whose license is already
confiscated; o) absent oneself from office without having filed
the necessary application leave or secured
h) fail to turn in the used TCT or TOP together the approval of the superior officer for a period
with confiscated driver's license at the end of of more than three (3) days but not exceeding
his tour of duty or within twenty-four (24) fifteen (15) days.
hours, or fail to account for the TCT's or
TOP's issued to and used by him; 2) Less Grave Irregularity in the Performance
of Duty — shall include but not limited to the
i) fail to report as a peace officer any incident, following:
condition or occurrence witnessed by or
reported to him which calls for immediate a) apply for and serve a search or seizure
police action; warrant in any establishment or private house
without the knowledge or approval of the
j) fail to properly patrol his beat, sector or post; Chief of Police or his superior officer;
fail to take appropriate action concerning vice
conditions in his beat and/or give written b) use traffic violation reports which are not duly
report of the same to his superior; validated by the Land Transportation Office
(LTO) or the Metro Manila Development
k) fail to report to his superior officer, within a Authority (MMDA) or the city or municipal
reasonable period, injury inflicted by him to a government;
person or animal, damage or loss of
government property while on or off duty; c) use traffic violation reports duly validated by
the LTO, MMDA, or city/municipal
l) fail to comply with the order of a court of government but are not issued to him for
competent jurisdiction; traffic enforcement work;
d) use the official insignia, markings and seal of e) exhibit marked discourtesy in the course of
the police force in any privately owned official duties or use profane or insulting
vehicle, without the authority of the Chief of language to any superior officer;
Police or superior officer;
f) serve as escort or security officer, whether on
e) disregard or violate traffic rules and foot or by motor vehicle, for any private
regulations while driving a police vehicle individual regardless of his status in social or
when not in hot pursuit and not responding to religious circles on any occasion, unless
an emergency call. authorized by the Chief of Police or the
appropriate officials authorized to do so;
3) Less Grave Misconduct — shall include but
not limited to the following: g) take a trip abroad without approved leave
and approval of the authorities concerned;
a) take advantage of his position by procuring
goods and commodities at a losing price to
h) borrow or solicit money or any valuable from
an unwilling seller, or partake of food, drinks
his subordinates unless the latter is engaged
and cigarettes free of charge;
in the lending business.
b) engage in regulated gambling or games of
chance, while on duty; i) commit any act or omission that constitutes a
crime punishable under the Revised Penal
c) be drunk and disorderly while on or off duty Code or special laws where the duration of
and in recognizable police uniform; the imposable penalty is imprisonment of'
one (l) month and one (I) day to six (6)
months.
d) maliciously intrigue against the honor of a co-
officer, or indulge in idle gossip or spread
rumors that tend to discredit a PNP member; 4) Less Grave Dishonesty — involves
circumstances wherein the dishonest act caused
damage and prejudice to the government that is
not so serious as to qualify under Grave
Dishonesty, and wherein the respondent did not
take advantage of his or her position in the President, or other high ranking officials
committing the dishonest act. of the Philippines or foreign heads of state;
2) Grave Irregularity in the Performance of Duty shall f) failure to turn over to the police station within
include but not be limited to the following: a reasonable period any apprehended or
arrested person;
a) act as bodyguard or security guard for any
public official or candidate for any elective g) countermand any lawful order of the mayor,
public office or position or any other person chief of police, or his superior officer;
within three (3) months immediately
preceding any election and within one (l) h) perform the duties and functions of customs
month thereafter, without authority from the or immigration authorities without proper
Commission on Election; deputation in accordance with law;
b) act as bodyguard or security guard for the i) escort or allow other members to escort
person or property of any public official, or detention prisoners outside the jail in order to
private person unless approved by the proper attend a funeral, visit a sick relative, or solicit
authorities; a bond without an order of the court of proper
jurisdiction.
c) reveal secret or confidential police matters
and information which jeopardize police 3) Grave Misconduct — shall include but not limited
mission and operations, or which cause injury to the following:
or damage to citizens;
a) maltreat or abuse any prisoner or detained relationship between the giver and receiver
person under his custody; and the motivation. A thing of monetary value
is one which is evidently or materially
b) receive for personal use of a fee, gift or other excessive by its very nature;
valuable thing in the course of official duties
or in connection therewith when such fee, gift f) directly or indirectly have financial and
or other valuable thing is given by any person material interest in any transaction requiring
in the hope or expectation of receiving a the approval of his office. Financial and
favor or better treatment than that accorded material interest is defined as pecuniary or
to other persons, or committing acts proprietary interest by which a person will
punishable under the anti-graft laws; gain or lose something;
c) join a strike or refuse to report for duty in g) own, control, manage or accept employment
order to secure charges in terms and as officer, employee, consultant, counsel,
conditions of his employment, or to oust the broker, agent, trustee, nominee in any private
chief of police or any other officer from office; enterprise regulated, supervised or licensed
by his office, unless expressly allowed by
d) contract loans of money or other property law;
from persons with whom the PNP office has
business relations; h) publicly consort with women of ill repute
and/or scandalously cohabit with or maintain
e) solicit or accept directly or indirectly, any gift, a wife other than his legitimate spouse;
gratuity, favor, entertainment, loan or
anything of monetary value which in the i) fail or refuse to surrender or deposit his
course of his official duties or in connection service firearm, badge, identification card and
with any operation being regulated by, or any police vehicle, if any, to his superior officer
transaction which may be affected by the upon demand during the period of
functions of his office. The propriety or suspension;
impropriety of the foregoing shall be
determined by its value, kinship, or
j) willful failure to pay just debts or obligation r) commit any act or omission that constitutes a
due to the government; crime punishable under the Revised Penal
Code or special laws where the duration of
k) appropriate for his or allow another person the imposable penalty is imprisonment of not
the beneficial use of any stolen property that lower than six (6) months and one (1) day.
is recovered, found or abandoned;
4) Grave Dishonesty - involves the presence of any
one of the following attendant circumstances (a)
l) solicit money, valuable or favor for the
the dishonest act caused serious damage and
amicable settlement of cases under
grave prejudice to the government; (b) the
investigation;
respondent gravely abused his authority in order
to commit the dishonest act; (c) where the
m) engage directly or indirectly in partisan respondent is an accountable officer, the
political activities or take part in any election dishonest act directly involves property,
except to vote; accountable forms or money for which he is
n) deliberately or through gross negligence, directly accountable and the respondent shows
destroy, damage or lose government an intent to commit material gain, graft and
property entrusted to him for official use; corruption; (d) the dishonest act exhibits moral
depravity on the part of the respondent; (e) the
o) mutilate, deface or destroy any driver's respondent emploved fraud or falsification of
license, traffic citation ticket or temporary official documents in the commission of the
operator's permit issued in lieu thereof; dishonest act related to his or her employment;
(f) the dishonest act was committed several
p) inflict physical injuries upon a suspect to times or in various occasions; or (g) the
force the latter to give a confession; dishonest act involves a NAPOLCOM
examination irregularity or fake NAPOLCOM
q) act as mediator or fixer for the return of any eligibility such as impersonation, cheating and
stolen vehicle or property whether held for the like.
ransom or not;
5) Conduct Unbecoming of a Police Officer as
defined in Section 1 (item 5) of Rule 21.
6) Incompetence as defined in Section I (item 6) of Section 2. Range of Penalties. - The penalties for
Rule 21. light, less grave and grave offenses shall be made in
accordance with the following ranges:
7) Oppression as defined in Section 1 (item 7) of
Rule 21. For Light Offenses:
Section 5. Guidelines in the Application of f) If the respondent is found guilty of two (2)
Penalties. - The imposition of the penalty shall be or more charges or counts, the penalty to be
made in accordance with the manner herein below imposed should be that corresponding to the
provided: most serious charge or count and the rest
shall be considered as aggravating
a) Like penalties shall be imposed for like circumstances.
offenses and only one penalty shall be
imposed for each case- "Each case” means g) In the appreciation of any mitigating
one administrative case which may involve circumstance in favor of the respondent the same
must be invoked by him while any aggravating
one or more charges or counts.
circumstance shall be considered against him if
the same is alleged pleaded by the party
b)The minimum period of the penalty shall be concerned, otherwise, such circumstances shall
imposed where only mitigating and no not be considered in the determination of the
aggravating circumstances are present. penalty to be imposed.
c) 'The medium period of the penalty shall be Section 6. Administrative Disability Inherent in
imposed where no mitigating and aggravating Certain Penalties. - The following are the administrative
circumstances are present. disabilities inherent in certain penalties:
d)The maximum period of the penalty shall a) The penalty of dismissal, which results in
be imposed where only aggravating and no the separation of the respondent from the service,
mitigating circumstances are present. shall carry it that of cancellation of eligibility, forfeiture
of retirement benefits, and the disqualification for re- Appellate Boards have the authority to administer
employment in the government service; oaths on matters connected with the performance of
their duties.
b) The penalty of demotion shall entail Section 2. Authority to Issue Subpoena Ad
appointment to the next lower rank, regardless of Testificandum and Subpoena Duces Tecum. - The
mode of entry into the PNP, with the corresponding disciplinary authorities, IAS and their Summary
diminution of salary and disqualification for promotion Hearing Officers shall have the authority to issue
and withholding of privileges for the calendar year; subpoena ad testificandum and subpoena duces
tecum, only in relation to the investigation of the
c) The penalty of suspension, which administrative cases assigned to them.
consists in the temporary separation or cessation of
work of the respondent for the duration of the sanction, Section 3. Monthly Report. - Within the first
shall carry with it that of disqualification for promotion week of each month all Disciplinary Authorities, IAS
and withholding of privileges corresponding to the and Appellate Bodies are required to submit a report
period of suspension; for the preceding month to the regional office of the
NAPOLCOM or the Commission en Banc, furnishing a
d) The penalty of forfeiture of salary, which copy thereof their respective head of office, indicating
consists of an amount not exceeding one (1) month the following data / information: (a) List of newly filed /
salary, shall carry with it that of disqualification for received or raffled cases, revived, reinstated case, or
promotion corresponding to the period of the penalty cases transferred / referred or re-raffled from other
imposed. office / officers; (b) List of investigated, heard, resolved
/ decided, or pending cases; (c) List of cases
RULE 23 transferred / referred or re-raffled to other offices /
officers stating clearly the reason for such transfer /
MISCELLANEOUS PROVISIONS referral or re-raffle; and (d) List of cases with
suspended proceedings stating clearly the reason for
Section l. Authority to Administer Oath. - In its suspension.
addition to the officials who, under existing laws are
authorized to administer oaths, officers designated to Section 4. Effect of a Pending Case. -
conduct pre-charge investigation and summary Pendency of an administrative case before any of the
hearing officers of the Commission, PNP, IAS, the administrative Disciplinary Authorities, IAS or
Chairmen and members of the PLEB and Regional
Appellate Bodies shall not be a bar to promotion nor a RULE 24
disqualification to undergo mandatory training.
TRANSITORY PROVISIONS
Section 5. Issuance of Clearance /
Certification. - Any Disciplinary Authority, TAS or Section l. Repealing Clause, - Memorandum
Appellate Body or its authorized official upon written Circular Numbers 93-024, 96-010, 98014, 99-006, 99-
request and payment of the legal fee shall issue a 014, 2002-010, 2002-013 and 2007-001 are repealed.
clearance or certification indicating the pendency or All other NAPOLCOM issuances or portions thereof
non-pendency of an administrative case against any inconsistent with this Memorandum Circular are
PNP member. The request shall contain the name of.'
hereby superseded or modified accordingly.
the requesting party, name of the police officer subject
of the verification and the purpose of the request.
Section 2. Application to Pending Cases. -
These Rules shall apply to pending administrative
Section 6. Appearance and Submission of
investigations/cases with the different Disciplinary
Pleadings by Lawyers. - The Disciplinary Authority or
Authorities, Appellate Bodies and IAS in so far as
IAS shall require all the practicing lawyers to indicate
practical or applicable, Provided however, that the
in the pleadings filed before it, the number and date of
offenses and penalties reclassified under these Rules
issue of their Mandatory Continuing Legal Education
shall have retroactive effect insofar as they are
(MCLE) Certificate of Compliance or Exemption as
favorable to the respondent.
may be applicable pursuant to Bar Matter No. 1922,
approved by the Supreme Court En Banc in its
Resolution dated June 3, 2007. Failure to disclose the Section 3. Penal Clause. - Any public official or
employee who violates any of the provismons in this
required information would cause the denial of further
appearance and admission of the pleadings of the Circular shall be dealt with accordingly.
concerned lawyer. All government lawyers appearing
before any Disciplinary Authority or IAS shall be Section 4. Separability Clause. - Any portion of
required to present their authority to practice for the this Memorandum Circular inconsistent with the
particular case for which they are entering their organic law or declared unconstitutional shall not
appearance, otherwise, such appearance and any affect the validity of the other provisions.
pleading submitted for any of the parties shall not be
allowed.
Section 5. Effectivity Clause. - This
Memorandum Circular shall be effective after fifteen
(15) days following the completion of its publication in
at least two (2) newspapers of general circulation
nationwide.