Final Instructor: Maverick P.

Garcia, RCrim
Subject: LEA. 8

PART VIII
ADMINISTRATIVE OFFENSES AND PENALTIES

CLASSIFICATION OF ADMINISTRATIVE OFFENSES

For the purpose of the application of penalties, administrative offenses are classified into light,
less grave and grave under NAPOLCOM MEMO CIRCULAR NO. 91-002.
A. The following are LIGHT OFFENSES:
1. SIMPLE NEGLECT OF DUTY. - This is incurred by any member of the Philippine National
Police who shall:
a. Fail to supervise, inspect and control subordinates directly under his command as to
their punctuality, attendance, prescribed 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 or suggestion to a

subordinate, or to report such conduct when such subordinate is committing or has
already committed a dereliction, irregularity or violation of departmental rules and
regulations;

c. Fail to order or cause the investigation of a subordinate reported to him as absent

without leave;

d. Fail to disseminate any order, directive or instruction;

e. Fail to coordinate or cooperate with other law enforcement agencies and their
personnel;

f. Absent oneself from office without having filed the necessary application for leave,
either prior to the enjoyment of the leave or immediately thereafter;

2. SIMPLE IRREGULARITY IN THE PERFORMANCE OF DUTY. - This is incurred by any

member of the Philippine National Police who shall:
a. Be found to have the odor or smell of alcohol on his breath while on duty, or possess
alcoholic beverages on his person, police vehicle, post or office;
 b. 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;

c. Use siren and/or red blinker light while not responding to an emergency or not in hot
pursuit of a fleeing criminal or law violator;

d. Malinger, loaf or consort with others while on duty or arrange with another member to
take his place during his tour of duty, without prior approval of his superior;

3. SLIGHT OR SIMPLE MISCONDUCT. - This offense is incurred by any member of the

Philippine National Police who shall:
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; provided, that when the
member being challenged or threatened is one of higher rank, the charge shall be that
of Grave Misconduct;

c. Read newspapers, books or periodicals while in uniform and on street duty;

d. Be untidy or couth in his personal appearance and behave in an ungentlemanly or

undignified manner;

e. Fail to recognize and satisfy any just debt;

f. Engage in any remunerative or gainful occupation or activity during off duty hours
without approval of proper authority;

B. The following are LESS GRAVE OFFENSE:

1. LESS GRAVE NEGLECT OF DUTY. – This is incurred by any member of the Philippine
National Police who shall:
a. Fail to execute lawful orders from higher authority or tolerate any subordinate to ignore
or ridicule any order, rule or regulations;

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 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 irregularity;

d. Fail to comply with any lawful order or instruction of a commanding officer or the Chief
of Police;

e. Fail without justifiable reason, to appear and testify in court or in the prosecutor’s office
or before the PLEB, RAB or NAB when duly notified or subpoenaed;

f. Fail to report immediately to his commanding or superior officer, or to the Chief of Police
the injury, illness, death or escape of a prisoner who is under his custody;

g. Fail to communicate to the apprehension of a wanted person, or furnish clues for the
solution of a case, or for the recovery of stolen property;

h. Fail to issue a Traffic Citation Ticket (TCT) or Temporary Operator’s Permit (TOP) to an
offending driver whose license is already confiscated;

i. Fail to turn in the used Traffic Citation Ticket or Temporary Operator’s Permit together
with the confiscated driver’s license at the end of his tour of duty or within twenty four
hours, of fail to account for the TCT’s or TOP’s issued to and used by him;

j. Fail to report to his commanding 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;

2. LESS GRAVE IRREGULARITIES IN THE PERFORMANCE OF DUTIES. - This is incurred

by any member of the Philippine National Police who shall:
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;

b. Use traffic violation reports which are not duly validated by the Land Transportation
office or by the Metro Manila Authority;

c. Use traffic violation report duly validated by the Land Transportation Office (LTO) but
are not issued to him for traffic enforcement work;

d. Disregard or violate traffic rules and regulations while driving a police vehicle when not
in hot pursuit and not responding to an emergency call; and

e. Commit any other act analogous to the foregoing.

 3. LESS GRAVE MISCONDUCT. - This is incurred by any member of the Philippine National
Police who shall:
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 gambling or games of chance, regulated or prohibited, while on duty, or in

prohibited games of chance while off duty;

c. Loiter in gambling joints, narcotics dens, prostitution houses, hotels, motels, mahjong
joints, cockpits, night club, cocktail lounge, bars bookie corners, and in other
questionable places when not in the performance of police duty;

d. Be drunk and disorderly while on or off duty, or drunk while off duty and in uniform or in
recognizable uniform of the force, when the same has no connection with the
performance of police duty;

e. Maliciously intrigue against the honor of a co-officer, or indulge in idle gossip or spread
rumors that tend to discredit another member;

f. Associate or consort with known gamblers, vagrants, smugglers, vice maintainers and
crime syndicate heads, not in pursuance of police objectives;

C. The following are GRAVE OFFENSES:

1. SERIOUS NEGLECT OF DUTY. - This is incurred by any member of the Philippine
National Police who shall:
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 chief of police within twenty-four hours after
discovery;

c. Fail to apprehend and/or arrest under circumstances where it is 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 court of authority;

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 heads of
state;
2. Serious irregularities in the performance of duties. – This is incurred by any member of
the Philippine National Police who shall:
a. Engage directly or indirectly in partisan political activities or take part in any election
except to vote;

b. Act as bodyguard 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, unless authorized or
deputized by the Commission on Elections;

c. Act as bodyguard or security guard for the person or property of any public official, or
private person unless approved by the proper authorities concerned;

d. Prevent any arrested person or detention prisoner to have the right of counsel;

e. Reveal secret or confidential police matters and information which jeopardize police
mission and operations, or which cause injury or damage to citizens;

f. Establish a checkpoint in any public thoroughfare for the purpose of stopping vehicles or
persons and searching them without search warrant or without legal grounds;

g. Bring an apprehended or arrested person to a hotel or motel or to any secluded place

before turning him over to the police station.

h. Sell, pawn, rent or loan his government issued service firearm, vehicle or police
equipment to another person or establishment;

i. Act as a mediator or fixer for the return of any stolen vehicle or other property whether
held for ransom or not;

3. GRAVE MISCONDUCT. - This is incurred by any member of the Philippine National Police
who shall:
a. Maltreat or abuse any prisoner or detained person under his custody;

b. 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;

c. Publicly consort with women of ill repute and/or scandalously cohabit with or maintain a
wife other than his legitimate spouse;
 d. Fail or refuse to surrender or deposit his service firearm, badge, identification card and
police vehicle, if any, to his commanding officer upon demand during the period of
suspension;

VIII – 2. Other Prohibited Acts of Public Officers

OFFENSES UNDER R.A. 6713
Public officers, regardless of whether or not they hold office or employment in a casual,
temporary, holdover, permanent or regular capacity shall be punished with a fine not exceeding the
equivalent of six month’s salary or suspension not exceeding one year or removal depending on the
gravity of the offense after due notice and hearing by the appropriate body or agency for committing
the following offenses:
1. Directly or indirectly, having any financial or material interest in any transaction requiring the
approval of their office;

2. Owning, controlling, managing or accepting employment as officer, employee, consultation,

counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law;

3. Engaging in the private practice of their profession unless authorized by the Constitution or
law, provided that such practice will not conflict or tend to conflict with their official functions;

4. Recommending any person to any position in a private enterprise which has a regular or
pending official transaction with their office;

5. Disclosing confidential or classified information officially known to them by reason of their

office;

6. Soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction which may be affected by
the functions of their office;

ACTIONABLE OFFENSES UNDER CIVIL SERVICE RULES

An official or employee, under the Civil Service may be reprimanded, suspended or dismissed
from office after due notice and hearing on any of the following grounds provided under Section 23,
Rule XIV of the Omnibus Rules Implementing Book V of the 1987 Administrative Code:
1. Dishonesty;
2. Oppression;
3. Neglect of Duty;
4. Misconduct;
 5. Disgraceful and Immoral Conduct;
6. Being Notoriously Undesirable;
7. Discourtesy in the course of official duties;
8. Inefficiency and incompetence in the performance of official duties;
9. Receiving for personal use of a gift, fee or other valuable thing in the course of official duties or
in connection therewith when such gift, fee or other valuable thing is given by any person in the
hope or expectation of receiving a favor or better treatment than that accorded to other
persons, or committing acts punishable under the anti-graft laws;

10. Conviction of a crime involving moral turpitude;

11. Improper or unauthorized solicitation or contributions from subordinate employee and by
teachers or school officials from school children;

12. Violation of existing Civil Service law and rules or reasonable office regulations;
13. Falsification of official documents;
14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent
unauthorized absences from duty during regular office hours;

15. Habitual drunkenness;

16. Gambling prohibited by law;
17. Refusal to perform official duty or render overtime service;
18. Disgraceful, immoral or dishonest conduct prior to entering the service;
19. Physical or mental incapacity or disability due to immoral or Vicious habits;
20. Borrowing money by superior officers from subordinates or lending by subordinates to superior
officers;
21. Lending money at usurious rates of interests;
22. Willful failure to pay just debts or willful failure to pay taxes due to the government;
23. Contracting loans of money or other property from persons with whom the office of the
employee concerned has business relations;
24. Pursuit of private business, vocation, or profession without the permission required by Civil
Service rules and regulations,
25. Insubordination;
26. Engaging directly or indirectly in partisan political activities by one holding non-political office;
27. Conduct prejudicial to the best interest of the service;
28. Lobbying for personal interest or gain in legislative halls and offices without authority;
29. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable
or public welfare purposes and even in the latter case if there is no prior authority;
30. Nepotism as defined under Civil Service Law and rules;
31. Violation of RA 6713 and its implementing rules.

ADMINISTRATIVE OFFENSES COGNIZABLE BY OMBUDSMAN

 An administrative complaint may be filed against a public official or employee for acts or
omissions, including but not limited to those provided under Section 1, Rule III of the Rules of
Procedure of the Office of the Ombudsman Implementing R.A. 6770. These acts of omission are the
following:
1. Contrary to law or regulations;
2. Unreasonable, unfair oppressive or discriminating;
3. Inconsistent with the general course of agency’s functions though in accordance with law;
4. On a mistake of law or an arbitrary ascertainment of facts;
5. In the exercise of discretionary powers but for an improper purpose;
6. Otherwise irregular, immoral or develop of justification;
7. Due to any delay or refusal to comply with the referral or directive of the Ombudsman or any of
his deputies against the officer or employee to whom it was addressed; and
8. Such other grounds provided for under PD 807, RA 6713, and other applicable laws.

DEFINITION OF TERMS
● Disloyalty - to the Government consists of abandonment or renunciation of one’s loyalty to the
Government of the Philippines, or advocating the overthrow of the Government. Disloyalty is
committed by public officers who have failed to resist a rebellion by all means in their power, or
shall continue to discharge the duties of their offices under the control of the rebels or shall
accept appointment to office under them. (Art. 137, Revised Penal Code)

● Culpable Violation of the Constitution - This includes crimes enumerated in Title Two of the
Revised Penal Code such as: arbitrary detention or expulsion; violation of dwelling: prohibition,
interruption and dissolution of peaceful meetings, and crimes against religious worship.

● Dishonesty - The act must be done in the performance of an official task and with the intent to
commit an unlawful act that will result in injury to others.

● Grave abuse of discretion - is meant, such capricious and whimsical exercise of judgment as
is equivalent to lack of jurisdiction. The abuse of discretion must be grave as where the power
is exercised in an arbitrary or despotic manner by reason of passion or personal hostility and
must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal
to perform the duty enjoined by or to act at all in contemplation of law. (Planters Products, Inc.
vs. Court of Appeals, 193 SCRA 563)

● Incompetence - is the manifest lack of adequate ability and fitness for the satisfactory
performance of official duties by reason of the officer’s vice or vicious habits. This has
reference to any physical, moral or intellectual quality the lack of which substantially
incapacitates one to perform the duties of a public officer.
● Irregularities in the Performance of Duties or Misfeasance - the improper performance of
some act which might lawfully be done, or which a person ought to do.

● Negligence - is the omission to do something which a reasonable man, guided by those

considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of
something which a prudent and reasonable man would not do. (Layugan vs. Intermediate
Appellate Court, 167 SCRA 363)

● Neglect of Duty or Non-feasance - is the omission or refusal, without sufficient excuse, to

perform an act or duty, which it was the officer’s legal obligation to perform.

When the power is exercised in an arbitrary or despotic manner by reason of passion,

prejudice or personal hostility, and it must be so patent and gross as to amount to an evasion
of positive duty, or to a virtual refusal to perform a duty enjoined, or to act at all, in
contemplation of law. (F.S. Divinagracia Agro-Commercial, Inc. vs. Court of Appeals, 104
SCRA 180)

● Misconduct or Malfeasance - is the doing either through ignorance, inattention or malice, of

that which the officer had no legal right to do at all, as where he acts without any authority
whatsoever or exceeds, ignores or abuses his powers.

Misconduct in office is a misconduct such as affects his performance of his duties as

an officer and not only such as affects his character as a private individual. In such cases, it
has been said that it is necessary to separate the character of the man from the character of
the officer; the misconduct, misfeasance or malfeasance warranting removal must have direct
relation to and be connected with the performance of official duties amounting either to
maladministration or willful, intentional neglect and failure to discharge the duties of the office;
a transgression of some established and definite rule or action, an unlawful behavior or gross
negligence by, the public officer, the judicial acts were corrupt or inspired by an intention to
violate the law or were in persistent disregard of well-known legal rules. (Amosco vs. Magro,
73 SCRA)

● Moral Turpitude - “implies” something immoral in itself regardless of the fact that it is
punishable by law or not. It must not merely be mala prohibita, but the act itself must be
inherently immoral. The doing of the act itself, and not its prohibition by statute, fixes the moral
turpitude. Moral turpitude does not however, include such acts as are not of themselves
immoral but whose illegality lies in the fact of their being positively prohibited.” (Zari vs. Flores,
Adm. Matter No. ([2170-MC] P-1356, 94 SCRA 323) It is a crime that offends the morals,
decency, honesty or modesty. It is an act or baseness, vileness or depravity in the private and
social duties which a man owes his fellowmen or to society in general, contrary to the accepted
and customary rule of right and duty, or conduct contrary to justice, honesty and modesty or
 good morals. It must not be merely mala prohibita, but the act itself must be inherently
immoral. (Bouvier’s Law Dictionary)

● Abuse of Authority - It is a denial of justice when discretion by virtue of one’s position has not
been justly and properly exercised and it signifies the use of that discretion in such a way as to
deprive a person of his right or of the remedy to protect or enforce such right. Whenever an
officer is called upon to perform an act that is not purely ministerial but involves the exercise of
discretion, he ought to state the reasons for his action, and neglect or refusal to do so may
fairly be construed as an admission that his action is arbitrary, and is therefor, a clear abuse of
discretion; since it may be presumed that if he has any reason for taking a given action, would
not fail to state.

● Violation of Law - presupposes conviction in Court of any crime or offenses penalized under
the Revised Penal Code or any other legal law or ordinance.

● Grave Dishonesty - Any member of the police force who shall conceal, alter, or distort the
truth in a matter of fact relevant to his office, or connected with the performance of his duties
shall be guilty of Dishonesty. The following acts constitute Grave Dishonesty as provided
under NAPOLCOM MEMO CIRCULAR No. 93-24:
- Any member who shall knowingly enter in his Information Sheet or CSC 212 Form, or in his
Individual Police Profile, facts which are not true, or conceal or distort damaging facts;

- Makes a false report or entry in the police blotter, or in any department record;

- Give deliberate false testimony against or in favor of a person facing a criminal,

administrative or disciplinary charge;

- Destroy, conceal, or tamper physical evidence to be presented in court by exchanging,

altering, damaging or diluting as to affect its original appearance, composition and content;

PROHIBITION ON ENTERING AMUSEMENT PLACES

PNP members are prohibited from entering, patronizing or loitering in any night club, day club,
bar, houses of ill-repute, cocktail lounge, hotel, motel, rest house, cockpit and the like unless on
official duty duly directed in writing by the Chief of Police or his duly authorized representative; or,
when responding to an emergency call due to a violation of law committed within the said
establishments. (NAPOLCOM RESOLUTION No. 92-12)

HABITUAL DRUNKENNESS
An employee who habitually comes to office while under the influence of liquor may be
dismissed from the service. Thus, an employee who is guilty of grave misconduct may be dismissed
from office with prejudice to re-employment in any other branch or agency of the government. (Bello
v. Mabbun, Adm. mat. P-88-178, 29 April 88)
SEXUAL HARASSMENT
Pursuant to CSC Resolution No. 94-2854 dated May 31, 1994, the Commission has adopted a
Policy on Sexual Harassment in the Workplace, as follows:
A. Policy Statement and Objective
It is the policy of the state to afford protection to working women and ensure equal work
opportunities for all, as well as full respect for human rights. Towards this end, the Civil Service
Commission commits to provide a work environment supportive of productivity, wherein all officials
and employees are treated with dignity and respect and will not tolerate any sexual harassment,
whether engaged in by fellow employees, supervisors, associates or clients;

COMPLAINT’S DESISTANCE
In an immorality charged, the complainant’s desistance based on respondent public officer’s
agreement to support the child is not an obstacle to the imposition of disciplinary sanction upon said
public officer, because the agreement supplies the best proof that respondent had indeed maintained
illicit relations with a woman (not his wife) with whom he sired four children. Besides, respondent
acknowledged the child with his lived-in partner when he signed his name in the birth certificate of
said child. (Celis v. Marquez, Adm. Mat. No. R-156, En Banc, 27 Aug. 85)

Any violation proven in a proper administrative proceeding shall be sufficient cause for removal
or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.
Violations of Section 7, 8, or 9 of RA 6713 are also criminal offenses.

NEGLECT OF DUTY
Under Sec. 695 of the Revised Administrative Code of 1917, a civil service subordinate officer
or employee may, for neglect of duty or violation of reasonable office regulations be removed from the
service. Memorandum Circular No. 8, Series of 1970 of the Civil Services Commission (Guidelines in
the Application of Penalties) prescribed the following penalties for grave offense:
1. Transfer or demotion in rank or salary from two to three grades or suspension for one year in
its minimum period;

2. Forced resignation without prejudice to reinstatement to forced resignation with prejudice to

reinstatement in its medium period.

3. Dismissal in its maximum period. (Philippine National Bank v. Intermediate Appellate Court,
G.R. 70140, 24 July 90)

HABITUAL ABSENTEEISM
An officer or employee in the civil service shall be considered habitually absent if he incurs
unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the leave law for
at least three months in a semester or at least three consecutive months during the year.
 In case of claim of ill health, heads of agencies are encouraged to verify the validity of such
claim and, if not satisfied with the reason, given should disapprove the application for sick leave. On
the other hand, cases of employees who absent themselves from work before approval of their
application should be disapproved outright.

In the discretion of the Head of any agency or office, any government official may be
authorized to do a spot check on employees who are supposed to be on sick leave. Those found
violating the leave laws, rules or regulations shall be dealt with accordingly by filing appropriate
administrative cases against them. (CSC Mamo. Cir. No 04-91)

VIII – 3. Administrative Penalties and their Effects

QUALIFYING CIRCUMSTANCES
In the determination of the penalties to be imposed, mitigating and aggravating circumstances
attendant to the commission of the offense shall be considered.
A. The following are mitigating circumstances;
● Physical illness
● Good faith
● Length of service in the government
● Analogous circumstances charges or counts;

B. The following are aggravating circumstances;

● Taking advantage of official position
● Taking undue advantage of subordinate
● Undue disclosure of confidential information
● Use of government property in the commission of the offense
● Habituality
● Offense is committed during the office hours and/or within the premises of the working
office or building
● Employment of fraudulent means to commit or conceal offense

PART IX
ADMINISTRATIVE DISCIPLINARY ACTIONS ON PNP MEMBERS
1. PNP Administrative Disciplinary Machinery
2. People’s Law Enforcement Board
3. Administrative Complaint Before the PLEB
4. Administrative Complaint Before the Local Chief Executives
5. Appeals to NAPOLCOM Disciplinary Appellate Boards
* The Case of Patrolman Jaculina
IX – 1. PNP Administrative Disciplinary Machinery

CITIZEN’S COMPLAINTS
As provided under Section 41 of R.A. 6975, any complaint by an individual person against any
member of the PNP shall be brought before the following:
A. Chiefs of police, where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not
exceeding fifteen days;

B. Mayors of cities or municipalities, where the offense is punishable by withholding of privileges,

restriction to specified limits, suspension of forfeiture of salary, or any combination thereof, for
a period of not less than sixteen days but not exceeding thirty days;

C. People’s Law Enforcement Board, as created under Section 43 of R.A. No. 6975, where the
offense is punishable by withholding of privileges, restriction to specified limits, suspension or
forfeiture of salary, or any combination thereof, for a period exceeding thirty days; or by
dismissal.

PNP INTERNAL DISCIPLINE

In dealing with minor offenses involving internal discipline found to have been committed by
any regular member of their respective commands, after due notice and summary hearing, exercise
disciplinary powers as follows:
A. Chiefs of police or equivalent supervision may summarily impose the administrative
punishment of admonition or reprimand; restriction to specified limits; withholding of privileges;
forfeiture of salary or suspension; or any of the combination of the foregoing, provided, that, in
all cases, the total period shall not exceed fifteen days;

B. Provincial directors or equivalent supervisors may summarily impose administrative

punishment of admonition or reprimand; restriction to specified limits; withholding of privileges;
forfeiture of salary or suspension; or any combination of the foregoing provided, that in all
cases, the total period shall not exceed thirty days;

C. Police regional directors or equivalent supervisors shall have the power to impose upon any
member the disciplinary punishment of dismissal from the service. He may also impose the
administrative punishment of admonition or reprimand; restriction to specified limits;
withholding of privileges; suspension or forfeiture of salary; demotion; or any combination of
the foregoing provided, that, in all cases, the total period shall not exceed sixty days;
JURISDICTION OF DISCIPLINING AUTHORITY
Administrative complaint or a charge filed against a PNP member shall be heard and decided
exclusively by the disciplining authority who has acquired original jurisdiction over the case and
notwithstanding the existence of concurrent jurisdiction as regards the offense. Offenses which carry
higher penalties referred to a disciplining authority shall be referred to the appropriate authority which
has jurisdiction over the offense. (Sec. 41, R.A. No. 6975) Any provision of law to the contrary
notwithstanding, criminal cases involving PNP members shall be within the exclusive jurisdiction of
the regular courts. (Sec. 46, R.A. No. 6975)

COMMAND RESPONSIBILITY
The doctrine of Command Responsibility must be applied vigorously at all levels, to discourage
coddling of abusive or erring PNP members and develop accountable and effective leadership. PNP
Unit Chiefs/Station Commanders who, having knowledge of irregularities committed by subordinates,
fail to take preventive or corrective action, should be held accountable and be meted out appropriate
penalty. (NAPOLCOM RESOLUTION No. 92-12)

SUMMARY DISMISSAL POWERS

The Chief of the PNP and regional directors, after due notice and summary hearings, may
immediately remove or dismiss any respondent PNP member in any of the following cases:
● When the charge is serious and the evidence of guilt is strong;

● When the respondent is a recidivist or has been repeatedly charged and there are
reasonable ground to believe that he is guilty of the charges; and

● When the respondent is guilty of conduct unbecoming of a police officer. (Sec. 42, R.A. No.
6975)

A similar provision on summary dismissal under the Civil Service Law (Sec. 40, P.D. No. 807)
had been repealed by the law authored by Senator Neptali Gonzales, for such provision raises a due
process question (Republic Act No. 6654).

PREVENTIVE SUSPENSION
Upon the filing of a complaint or information sufficient in form and substance against a member
of the PNP for grave felonies where the penalty imposed by law in six years and one day or more, the
court shall immediately suspend the accused from office until the case is terminated. Such case shall
be subject to continuous trial and shall be terminated within ninety days from arraignment of the
accused. (Sec. 47, RA No. 6975)
APPELLATE BOARDS
The formal administrative disciplinary machinery for the PNP shall be the National Appellate
Board and the Regional Appellate Boards.
● The National Appellate Boards shall consist of four divisions, each division composed of a
Commissioner as Chairman and two other members. The Board shall consider appeals
from decisions of the Chief of the PNP.

● The National Appellate Board may conduct its hearing or sessions in Metropolitan Manila or
any part of the country as it may deem necessary.

● There shall be at least one Regional Appellate Board per administrative region in the
country to be composed of a senior officer of the regional Commission as Chairman and
one representative each from the PNP, and the regional peace and order council as
members. It shall consider appeals from decisions of the regional directors, other officials,
mayors, and the PLEBs.

FINALITY OF DISCIPLINARY ACTION

Under Sections 45 of R.A. No. 6975, the disciplinary action imposed upon a member of the
PNP shall be final and executory provided that:
● A disciplinary action imposed by the Regional Director or by the PLEB involving demotion
or dismissal from the service may be appealed to the Regional Appellate Board within ten
days from receipt of the copy of the notice of decision:

● The disciplinary action imposed by the Chief of the PNP involving demotion or dismissal
may be appealed to the National Appellate Board within ten days from receipt thereof:

● The Regional or National Appellate Board, as the case may be, shall decide the appeal
within sixty days from receipt of the notice of appeal.

● Failure to the Regional Appellate Board to act on the appeal within said period shall render
the decision final and executory without prejudice, however, to the filing of an appeal by
either party with the Secretary of the Department of Interior and Local Government.

LEGAL ASSISTANCE AND REINSTATEMENT

A. The Secretary of the Department of Justice, the Chairman of the Commission or the Chief of
the PNP may authorize lawyers of their respective agencies to provide legal assistance to any
member of the PNP who is facing before the prosecutor’s office, the court or any competent
body, a charge or charges arising from any incident which is related to the performance of his
official duty. (Sec. 49, R.A. No. 6975)
 B. A member of the PNP who may have been suspended from office or who shall have been
terminated or separated from office shall, upon acquittal from the charges against him, be
entitled reinstatement and to prompt payment of salary, allowances and other benefits withheld
from him by reason of such suspension or termination. (Sec. 48, R.A. No. 6975)

IX – 2. People’s Law Enforcement Board (PLEB)

CREATION AND FUNCTIONS

Section 43 of Republic Act No. 6975 provides for the creation by the Sangguniang
Panglunsod/Bayan in every city and municipality such number of People’s Law Enforcement Boards
(PLEB’s) as may be necessary:
● There shall be at least one PLEB for every municipality and for each of the legislative districts
in a city.

● There shall be at least one PLEB for every five hundred city or municipal police personnel.

● The PLEB shall have jurisdiction to hear and decide citizens’ complaints or cases filed before it
against erring officers and members of the PNP.

IX – 3. Administrative Complaint Before the PLEB

PROCEDURE IN THE INVESTIGATION AND DISPOSITION OF ADMINISTRATIVE COMPLAINTS

AGAINST MEMBERS OF THE PHILIPPINE NATIONAL POLICE (PNP) BEFORE THE PEOPLE’S
LAW ENFORCEMENT BOARD (PLEB).

RULE II
POLICE ADMINISTRATIVE DISCIPLINARY MACHINERY

Section 1. Complaint. - This pertains to any complaint initiated by any person, or his duly
authorized representative on account of an injury, damage or disturbance sustained due to an
irregular or illegal act committed by a member of the PNP.

Section 2. Jurisdiction over Citizen’s Complaint. - A citizen’s complaint against any

members of the PNP shall be brought before any of the following disciplinary authority:

Disciplinary Authority Administrative Penalty

a. Chiefs of Police Withholding of privileges, restriction to

 specified limits, suspension or forfeiture of
salary, or any combination thereof, for a
period of not exceeding fifteen (15) days.

b. City/Municipal Mayors Withholding of privileges, restriction to

specified limits, suspension or forfeiture of
salary, or any combination thereof, for a
period from sixteen (16) days to thirty (30)
days.

c. People’s Law Enforcement Boards (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
in rank or dismissal from the service.

Disciplinary Authority Administrative Penalty

a. Chiefs of Police or equivalent supervisor Admonition or reprimand; restriction to

specified limits; withholding of privileges;
forfeiture of salary or suspension; or any of
the combination of the foregoing; Provided,
That, in all cases, the total period shall not
exceed fifteen (15) days.

b. Provincial directors or equivalent Admonition or reprimand; restriction to

supervisors specified limits; withholding of privileges;
forfeiture of salary or suspension; or any
combination of the foregoing: Provided, That,
in all cases, the total period shall not exceed
thirty (30) days.

c. Police regional directors or equivalent Admonition or reprimand; restriction to

supervisors specified limits; withholding of privileges;
suspension or forfeiture of salary; or any
combination of the foregoing: Provided, That,
in all cases, the total period shall not exceed
sixty (60) days. Dismissal from the service
 and demotion in rank may also be imposed.

d. Chief of the PNP Admonition or reprimand; restriction to

specified limits; withholding of privileges;
suspension or forfeiture of salary, or any
combination thereof for a period not
exceeding one hundred eighty (180) days.
Also, dismissal from the service and
demotion in rank.

Section. 5. Minor Offense. - This refers to an act or omission not involving moral turpitude, but
affecting the internal discipline of the PNP, and shall include, but not limited to:
a. Simple misconduct or negligence;

b. Insubordination;

c. Frequent absences or tardiness;

d. Habitual drunkenness; and

e. Gambling prohibited by law.

Section. 6. Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member

shall be heard and decided exclusively by the disciplinary authority who first acquired original
jurisdiction over the case, notwithstanding the existence of concurrent jurisdiction as regards the
offense: Provided, That, offenses which carry higher penalties referred to a disciplinary authority shall
be referred to the appropriate authority which has jurisdiction over the offense.

Section. 7. Summary Dismissal Authority. - The Chief of the PNP and regional directors,
after due notice and summary hearings, may immediately remove or dismiss any respondent PNP
members in any of the following cases:
a. When the charge is serious and the evidence of guilt is strong,

b. When the respondent is a recidivist or has been repeatedly charged and there are
reasonable grounds to believe that he is guilty of the charges; and

c. When the respondent is guilty of conduct unbecoming of a police officer.

PART X
 CIVIL AND CRIMINAL LIABILITIES OF PUBLIC OFFICERS

X – 3. Penalties for Criminal Offenses and their Effects

Members of the PNP who commit the following offenses and irregularities are subject to the
penalties prescribed by the Revised Penal Code:
A. Open disobedience - Any executive officer who shall openly refuse to execute the
judgment, decision or order of any superior authority made within the scope of the
jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of
imprisonment of not less than two months and one day, temporary special disqualification
in its maximum period and a fine not exceeding P1,000 pesos.

B. Disobedience to order of superior officer, when said order was suspended by

inferior officer - Any public officer who, having for any reason suspended the execution of
the orders of his superiors, shall disobey such superior after the latter have disapproved the
suspension, shall suffer the penalties of imprisonment of not less than six months and one
day and perpetual special disqualifications.

C. Refusal of assistance - The penalties of imprisonment of not less than two months and
one day, perpetual special disqualification and a fine not exceeding P1,000 pesos, shall be
imposed upon a public officer who, upon demand from competent authority, shall fail to
lend his cooperation towards the administration of justice or other public service, if such
failure shall result in serious damage to the public interest, or to a third party; otherwise,
imprisonment of not less than two months and one day, and a fine not exceeding P500
pesos shall be imposed.

D. Maltreatment of prisoners - The penalty of imprisonment of not less than two years, four
months and one day, in addition to his liability for the physical injuries or damage caused,
shall be imposed upon any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his charge, by the
imposition of punishments not authorized by the regulations, or by inflicting such
punishments in a cruel and humiliating manner.

E. Usurpation of judicial functions - The penalty of imprisonment of not less than two
months and one day shall be imposed upon any officer of the executive branch of the
Government who shall assume judicial powers or shall obstruct the execution of any order
or decision rendered by any judge within his jurisdiction.

F. Disobeying request for disqualification - Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding after having been lawfully required to
 refrain from so doing, shall be punished by imprisonment for not less than one month and
one day and a fine not exceeding P500 pesos.

G. Orders or request by executive officers to any judicial authority - Any executive officer
who shall address any order or suggestion to any judicial authority with respect to any case
or business coming within the exclusive jurisdiction of the courts of justice shall suffer the
penalty of imprisonment of not less than one month and one day and a fine not exceeding
P500 pesos.

H. Prosecution of offenses; negligence and tolerance – The penalty of imprisonment of

not less than six months and one day and suspension shall be imposed upon any public
officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously
refrain from instituting prosecution for the punishment of violators of the law, or shall
tolerate the commission of offenses.

I. Usurpation of legislative powers - The penalties of imprisonment of not less than six
months and one day, temporary special disqualification and a fine not exceeding P1,000
pesos, shall be imposed upon any public officer who shall encroach upon the powers of the
legislative branch of the Government, either by making general rules or regulations beyond
the scope of his authority, or by attempting to repeal a law or suspending its execution.

J. Abuses against chastity - The penalties of imprisonment of not less than two years, four
months and one day and temporary special disqualification shall be imposed:
● Upon any public officer who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for decision, or with respect to
which he is required to submit a report to or consult with a superior office;

K. Violation of domicile - The penalty of imprisonment of not less than six months and one
day shall be imposed upon any public officer or employee who, not being authorized by
judicial order, shall enter any dwelling against the will of the owner, search papers or other
effects found there without the previous consent of such owner, or, having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do so.

L. Searching domicile without witnesses - The penalty of imprisonment of not less than
one month and one day shall be imposed upon a public officer or employee who, in cases
where a search is proper, shall search the domicile, papers or other belongings of any
person in the absence of the latter, any member of his family, or in their default, without the
presence of two witnesses residing in the same locality.

M. Prohibition, interruption, and dissolution of peaceful meetings - The penalty of

imprisonment of not less than six months and one day shall be imposed upon any public
 officer or employee who, without legal ground, shall prohibit or interrupt the holding of a
peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall
hinder any person from joining any lawful association or from attending any of its meetings.

N. Interruption of religious worship - The penalty of imprisonment of not less than six
months and one day shall be imposed upon any public officer or employee who shall
prevent or disturb the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be
imprisonment of not less than two years, four months and one day.

O. Offending the religious feelings - The penalty of imprisonment of not less than four
months and one day shall be imposed upon anyone who, in a place devoted to religious
worship or during the celebration of any religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.

P. Obstructing exercise of the right of attorney - Any public officer or employee or anyone
acting under his orders or in his place, who shall obstruct, prohibit, or otherwise prevent an
attorney entitled to practice in the courts of the Philippines from visiting or conferring
privately with a person arrested, at any hour of the day or, in urgent cases, of the night,
said visit and conference his behalf, or by a national or international non-governmental
organization duly accredited by the Office of the President, shall be punished by prision
correcctional. (As amended by EO No. 155, prom March 30, 1987) (RA 857)

Q. Falsification of public officer or employee - The penalty of imprisonment of not less than
six years and one day and a fine not to exceed P5,000 pesos shall be imposed upon any
public officer, employee, or notary who, taking advantage of his official position, shall falsify
a document by committing any of the following acts:
● Counterfeiting or imitating any handwriting, signature or rubric;

● Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participate;

● Attributing to persons who have participated in an act or proceeding statements other

than those in fact made by them;

● Making untruthful statements in a narration of facts;

● Altering true dates;

 ● Making any alteration or intercalation in a genuine document which changes its
meaning;

R. False medical certificates, false certificates of merit or service, etc. - The penalties of
imprisonment of not less than four months and one day and a fine not to exceed P1,000
pesos shall be imposed upon:
● Any physician or surgeon who, in connection, with the practice of his profession, shall
issue a false certificate; and

● Any public officer who shall issue a false certificate of merit or service, good conduct or
similar circumstances.

S. Illegal Gambling - The penalty of prision mayor in its medium period with temporary
absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer,
conductor or banker of gaming schemes is a government official, or where such
government official is the player, promoter, referee, umpire, judge or coach in case of
game-fixing, point-shaving and machination.

T. Arbitrary detention - Arbitrary detention is committed by a public officer who, without legal
grounds, detains a person. (Art. 124, Revised Penal Code)

The elements of this crime are: (1) the offender is a public officer or employee; (2)
he detains a person; (3) the detention is without legal grounds.