Republic of the Philippines

Department of the Interior and Local Government

NATIONAL POLICE COMMISSION
DILG-NAPOLCOM Center, EDSA corner Quezon Avenue
West Triangle, Quezon City

MEMORANDUM CIRCULAR NO. 2016-002

REVISED RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE

DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS SERVICE OF THE
PHILIPPINES NATIONAL POLICE

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 provision of NAPOLCOM
Memorandum Circular No. 20070991 (NMC 2007-001) are hereby
prescribed and promulgated.

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.

Section 2. Scope and Application – These Rules shall apply to all

administrative cases filed against uniformed members of the Philippine
National Police (PNP) before the different administrative Disciplinary
Authorities and the Internal Affairs Service (IAS).

Section 3. Construction. – These Rules shall be liberally construed

to attain just and expeditions disposition of administrative complaints and
cases against PNP members, ensure public accountability and utmost
discipline in the police service.

Section 4. Nature of Proceedings – The investigation and hearing

before the administrative Disciplinary Authorities and the IAS shall be
summary in nature and shall not strictly adhere to the technical rules of
procedure and evidence applicable in judicial proceedings. The provisions e) Commission – shall refer to the National Police Commission;
of the Civil Service Law, Rules and Regulations as well as the Revised Rules
of Court shall be suppletorily applicable. f) Complaint- a written and sworn statement regarding a wrong,
grievance or injury sustained by a person;
PART I
g) Complainant – one who initiates complaint against uniformed
ADMINISTRATIVE DISCIPLINARY AUTHORITIES, INTERNAL AFFAIRS member of the PNP, either as complaining witness or as a
SERVICE, APPELLATE BODIES, AND THEIR RESPECTIVE JURISDICTION concerned government agency or office;

RULE 2 h) Decision – the written disposition of the case by any Disciplinary

Authority, IAS or Appellate Body stating clearly the facts and the
GENERAL PROVISIONS law upon which it is based;

Section 1. Definition of Terms. – As used in these Rules, the i) Disciplinary Authorities – shall refer to the city or municipal
following terms shall understood to mean as follows: mayors, chiefs of police or equivalent supervisors; regional
directors or equivalent supervisors; People’s Law Enforcement
a) Answer – a responsive pleading containing the respondent’s Board (PLEB); Chief of the PNP; National Police Commission
negative and affirmative defenses; (NAPOLCOM);

b) Appellate Bodies – shall refer to the Regional Appellate Board j) Equivalent Supervisors – PNP Officers occupying positions /
(RAB) and the National Appellate Board (NAB) of the designations equivalent to that of Chief of Police, Provincial
Commission; the Secretary of the Interior and Local Director and Regional Director who are vested with disciplinary
Government (SILG); and the Civil Service Commission (CSC); authority over personnel of their respective officers, charged
with minor offenses involving breach of internal discipline as
c) Breach of Internal Discipline – any offense committed by a provided under Section 41 (b) of R.A. 6975, as amended;
member of the PNP involving “minor offense” affecting the
order and discipline within the police organization. “Minor For purposes of these Rules, the following are considered
Offense” refers to an act or omission not involving moral equivalent supervisors:
turpitude, but affecting the internal discipline of the PNP, and
shall include, but not limited to simple misconduct, negligence, a. Chief of Police
insubordination, frequent absences and tardiness; habitual a. Chief, Provincial Public Safety Company
drunkenness; and gambling prohibited by law; b. Chief, District Public Safety Battalion
c. Chief, Police Station of Manila Police District
d) Citizen’s Complaint – a complaint initiated by a natural or and Quezon City Police District
juridical person or his/its duly authorized representative or
guardian on account of an injury, damage or disturbance b. Provincial Director
sustained as a result of an irregular or illegal act or omission of a. Director, City Police Office of Highly Urbanized
a PNP member; or Chartered Cities
 b. Chief, Regional Public Safety Battalion p) Moral Turpitude – includes everything which is done contrary
c. Chief, Regional Administrative Support Unit to justice, honesty, modesty, or good morals. It is an act of
d. Chief, Regional Operational Support Unit baseness, vileness or depravity in the private and social duties
c. Regional Director which a man owes to his fellowmen or to society in general,
a. Director, Police District Office, National Capital contrary to the accepted and customary rule of right and duty
Region Police Office between man and woman;
b. Director, National Administrative Support Unit
c. Director, National Operational Support Unit q) Newly Discovered Evidence – that evidence which could not
have been discovered and produced during the hearing of the
In case the head of any of the above-enumerated case despite due diligence, and if presented, would probably
offices/units of the PNP is only an officer-in-charge, he/she alter the decision;
may conduct investigation and submit his recommendation
to the next higher Disciplinary Authority. r) Pending Case – refers to a case when the respondent has been
formally charged before any Disciplinary Authority or IAS or the
k) Finality of Decision – there is finality of decision when upon the Office of the Ombudsman; or an appeal is pending with any of
lapse of ten (10) days from receipt or notice of such decision, the Appellate Bodies;
no motion for reconsideration or appeal has been filed in
accordance with these Rules. s) Pre-Charge Investigation – is the preliminary examination and
evaluation of the complaint for the purpose of determining the
l) Forfeiture of Salary – a penalty imposed upon the respondent existence or non-existence of probable cause;
who is found culpable of the offense charged which consists of
taking his salary for a certain period but in no case shall exceed t) Probable Cause – is the existence of such facts and
one (1) month, the respondent who is penalized with forfeiture circumstances as would excite the belief, in a reasonable mind,
of salary is required to report for duty; acting on the facts within the knowledge of the investigator,
that the respondent is probably guilty of a specific
m) Formal Charge – a complaint initiated before any of the administrative offense or offenses;
Disciplinary Authorities or IAS after finding the existence of
probable cause; u) Recidivist – a person who has been previously penalized for a
grave administrative offense and is again charged of another or
n) Forum Shopping – the filing of several complaints arising from the same grave administrative offense;
one and the same cause of action involving the same parties
asking for the same relief with the different administrative v) Reglementary Period - the period required by law or these Rules
Disciplinary Authorities, the Internal Affairs Service and the to perform a specific act. In the computation of a period of
Office of the Ombudsman; time, the first day shall be excluded and the last day shall be
included unless it falls on a Saturday, Sunday or a legal holiday,
o) Jurisdiction – the authority vested by law to hear and decide a in which case the last day shall fall on the next working day;
case;
w) Repeatedly Charged – when a police officer is formally charged dd) Summary Hearing Officer – an officer designated by the
administratively of a less grave or light offense for at least three Disciplinary Authority or IAS to conduct the summary
(3) times and was found culpable in any one of them; proceeding and to submit a report of investigation;

x) Restrictive Custody – is a disciplinary measure that may be ee) Summary Proceeding – an expeditious administrative
imposed by the Chief PNP, the PNP Regional Director or proceeding conducted consistent with due process to
Equivalent Supervisor during the pendency of a grave determine the culpability or innocence of the respondent; and
administrative or criminal charge filed against a subordinate
police officer/s which may consist of confinement within the ff) Summons – is a written notice informing the respondent that
camp with proper accounting and monitoring of their activities. he is charged with an offense and directing him to file his
Provided, that when situation warrants and they are required Answer.
to go outside of the camp, they should be properly escorted on
a one-on-one basis with proper recording of activities, the place Section 2 – Principle of Exclusivity. – When a complaint or charge is
of destination, time of departure, time of arrival and the names filed against a PNP member as described in Section 1 Rule 15 hereof, it shall
of the escorts. Provided further, that a police personnel under be heard and decided exclusively by the Disciplinary Authority or IAS which
restrictive custody is required to turn over his issued firearm to first acquired original jurisdiction over the case, subject to the following
the responsible supply officer within the same period of provisions:
custody;
a) The Office of Ombudsman (OMB) shall have primary
y) Restriction of Specified Limits – a penalty which prohibits the jurisdiction over administrative cases filed either before the
respondent to be on a specified area; NAPOLCOM or PNP against officers and members of the PNP
for acts or omissions arising from the following criminal
z) Serious Charge – refers to a complaint involving an offense offenses filed or pending before the OMB;
where the maximum imposable penalty is dismissal from the
service. 1. Violation of the provisions of Republic Act No. 1379 (An
Act Declaring Forfeiture in Favor of the State Any
aa) Subpoena Ad Testificandum – a process directed to a person Property Found to Have Been Unlawfully Acquired by
requiring him to appear and testify in an investigation or Any Public Officer or Employee and Providing the
hearing. Proceedings Thereof);

bb) Subpoena Duces Tecum – a process directed to a person 2. Violation of Republic Act No. 3019 (Anti-Graft and
requiring him to appear and bring with him books, documents Corrupt Practices Act);
or things under his control in an investigation or hearing;
3. Violation of Section 7, 8 & 9 of Republic Act No. 6713
cc) Substantial Evidence – such relevant evidence as a reasonable (Code of Conduct and Ethical Standards for Public
mind might accept as adequate to support a conclusion; Officials and Employees);
4. Plunder under Republic Act No. 7080 (An Act Defining
and Penalizing the Crime of Plunder);
 5. Violation of Republic Act No. 9184 (Government Section 3. Prohibition Against Forum Shopping or Multiple Filing of
Procurement Reform Act); Complaints. - To avoid multiplicity of cases for the same cause of action,
the complainant shall certify under oath in his pleading, or in a sworn
6. Violation of Republic Act No. 9485 (Anti-Red Tape Act certification annexed thereto and simultaneously filed therewith, to the
of 2007); truth of the following facts and undertaking:

7. Bribery under Section 2, Chapter Two and Malversation a. That the complainant has not filed or commenced any
under Chapter Four of Title VII, book II of the Revised complaint involving the same cause of action in any other
Penal Code, as amended; and Disciplinary Authority, IAS or Office of the Ombudsman;
b. That to the best of the complainant’s knowledge, no such
8. Violation of other graft laws. complaint is pending before any other Disciplinary Authority,
IAS or Office of the Ombudsman;
b) The NAPOLCOM shall have primary jurisdiction over grave c. That if there is any such complaint which is either pending or
administrative cases defined and penalized under these Rules. may have been terminated, the complainant must state the
c) The PNP shall primary jurisdiction over administrative cases status thereof, and
against officers and members of the PNP for acts and omissions d. That if the complainant should thereafter learn that a similar
constituting breach of internal discipline or minor offenses action or proceeding has been filed or is pending before any
defined under R.A. 6975 as amended by R.A. No. 8551, violation other police Disciplinary Authority, IAS or Office of the
of the Civil Service Law and its Implementing Rules and Ombudsman, the complainant must report such fact within
Regulations or PNP policies such as, but not limited to those five (5) days from knowledge.
relating to efficiency in the performance of official duties and
responsibilities; Section 4. Effect of Forum Shopping. – Violation of the prohibition
d) Subject to the preceding paragraph and concurrence of against forum shopping shall be a ground for the dismissal of the case motu
jurisdiction, the IAS shall take cognizance and investigate cases proprio or upon motion of the respondent.
enumerated in Section 2, Rule 6.
e) Complaints for offenses which carry a higher or lower Section 5. Application of the Principle of Res Judicata / Bar by Prior
imposable penalty shall be referred to the appropriate Judgment. – For a prior judgment in an administrative case to constitute a
Disciplinary Authority or IAS; Provided, that any Disciplinary bar to a subsequent administrative action, the following requisites must
Authority or the IAS who shall take cognizance of any complaint concur:
beyond its jurisdiction and renders a decision thereon, the
same shall be void and shall not be a bar to the filing of a similar a) It must be a final judgment or order
complaint against the PNP member before the proper b) The Disciplinary Authority rendering the same must have
Disciplinary Authority or IAS; Provided further, that any jurisdiction over the subject matter and over the parties.
Disciplinary Authority, IAS Officer, Investigator or Summary c) It must be a judgment on the merits, and
Hearing Officer who violates this provision shall be proceeded d) There must be between the two (2) cases, identity of the parties,
against administratively for serious irregularity in the subject matter and cause/s of action.
performance of duty. Section 6. When Respondent is a Presidential Appointee. –
After the formal charge is filed, a respondent who is a presidential
appointee can only be subjected to summary proceeding after a
clearance for such purpose is obtained from the Office of the
President. The report of investigation together with the complete a. Chiefs of Police or Equivalent Supervisors, where the
original records of the case shall be submitted to the Office of the imposable penalty is admonition, reprimand, restriction to
President through the Commission. specified limits, withholding of privileges, forfeiture of salary or
suspension; or any combination of the foregoing. Provided, that in
A. ORIGINAL JURISDICTION all cases, the total period shall not exceed fifteen (15) days;

RULE 3 b. Provincial Directors or Equivalent Supervisors, where the

imposable penalty is admonition or reprimand, restrictive custody,
CITIZEN’S COMPLAINT withholding of privileges, forfeiture of salary or suspension; or any
combination of the foregoing; Provided, that in all cases, the total
Section 1. Citizen’s Complaints. – Any complaint filed by a period shall not exceed thirty (3) days;
natural or juridical person against any member of the PNP shall be
brought before the following: c. Regional Directors or Equivalent Supervisors, where the
imposable penalty is dismissal from the service; admonition or
a) Chief of Police where the offense is punishable by reprimand; restrictive custody’ withholding of privileges;
withholding privileges; restriction to specified limits; suspension or suspension or forfeiture of salary; demotion, or any combination of
forfeiture of salary; or any combination thereof, for a period not the foregoing; Provided, that in all cases, the total period shall not
exceeding fifteen (15) days; exceed sixty (60) days; and

b) City/Municipal Mayor where the offense is punishable d. Chief of the PNP where the imposable penalty is
by withholding of privileges, restriction to specified limits; dismissal from the service; demotion; suspension or forfeiture of
suspension or forfeiture of salary; or any combination thereof, for salary, or any combination thereof for a period not exceeding one
a period of not less than sixteen (16) days but not exceeding thirty hundred eighty (180) days. The Chief of the PNP has the authority
(30) days; and to place police personnel under restrictive custody during the
pendency of a grave administrative or criminal case against him.
c) People’s Law Enforcement Board where the offense is
punishable by withholding of privileges, restriction to specified RULE 5
limits; suspension or forfeiture of salary; or any combination
thereof, for a period exceeding thirty (3) days; demotion or by SUMMARY DISMISSAL POWERS OF THE NAPOLCOM,
dismissal from the service. CHIEF, PNP AND THE PNP REGIONAL DIRECTORS

RULE 4 Section 1. Summary Dismissal Case. – Summary dismissal

case is one where the maximum penalty imposable is dismissal
BREACH OF INTERNAL DISCIPLINE from the service and the offense falls under any of the following
cases:
Section 1. Where shall be filed. – A complaint for breach of a) When the charge is serious and evidence of guilt is strong;
internal discipline shall be brought before the following disciplinary
authorities.
 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 Section 2. Inclusion of Supervisor and Superiors in IAS
charge; Investigations. – The immediate superior or supervisor of the
personnel units or being investigated under Section 1 hereof shall
c) When the respondent is guilty of a serious offense involving be automatically included in the investigation of the IAS to
conduct unbecoming of a police officer; and exclusively determine lapses in administration or supervision.

d) When any member or officer has been absent without official Section 3. Disciplinary Recommendations of the IAS. (a) Any
leave for a continuous period of thirty (30) calendar days or more; Provided, uninformed member of the PNP found culpable under Section 1
that where dropping from the rolls is resorted to as a mode of separation hereof and any immediate superior or supervisor found negligent
from the service, the police officer can no longer be charged for Serious under the immediately preceding Section shall be recommended
Neglect of Duty arising from absence without leave (AWOL) and vice versa. automatically for dismissal or demotion, as the case may be;

Section 2. Where filed. The complaint may be filed before the h) Recommendations by the IAS for the imposition of
following disciplinary authorities: disciplinary measures against uniformed member of the PNP, once
final, cannot be revised, set-aside, or unduly delayed by
a. PNP Regional Directors any disciplining authority without just cause.
b. Chief of the PNP
c. The National Police Commission Section 4. Appeals om IAS Resolution Dismissing an
Administrative Complaint. Resolutions of the Provincial IAS
RULE 6 dismissing an administrative complaint shall be forwarded to the
Regional IAS for review while decisions of the Regional IAS
INTERNAL AFFAIRS SERVICE dismissing the administrative case may be appealed to the
Inspector General. Decisions of the Inspector General affirming the
Section 1. Authority to Conduct Motu Proprio Investigation. The resolutions of Regional IAS dismissing an administrative complaint
IAS shall conduct motu proprio investigation on the following cases: shall be annealed to the National Apellate Board.

a) incidents where police personnel discharge a firearm; B. APPELLATE JURISDICTION

b) incidents where death, serious physical injury, or any violation of
human rights RULE 7
occurred in the conduct of police operation;
c) incidents where evidence was compromised, tampered with, REGIONAL APPELLATE BOARD
obliterated, or lost
while in the custody of police personnel; Section 1. Compositions. - The Regional Appellate Board
(RAB) shall be composed of a senior officer of the NAPOLCOM
e) incidents where a suspect in the custody of the police was regional office as chairperson and one (1) representative each from
seriously injured; the PNP, and the Regional Peace and Order Council (RPOC) as
f) incidents where the established rules of engagement have been members, The RPOC representative shall be designated by way of a
violated, resolution of the Council; and the PNP representative shall be
designated by the PNP Regional Director- he designations shall be NATIONAL APPELLATE BOARD
confirmed by the Vice Chairperson and Executive Officer of the
Commission. Section 1. Composition - The National Appellate Board (NAB) shall
be composed of the four (4) regular Commissioners, chaired by the Vice
Section 2. Quorum. - The presence of the chairperson and Chairperson and Executive Officer.
any one of its members shall constitute a quorum. If the
chairperson or any member is related to the complaining witnesses Section 2. What are Appealable, - The following are appealable to
or respondent within the fourth civil degree by affinity or the NAB:
consanguinity, he/she shall be disqualified from participating in the
deliberation of the appeal. In case of disqualification of the a) Decisions of the Chief of the PNP where the penalty imposed is
chairperson, a RAB chairperson from another NAPOLCOM regional demotion or dismissal from the service;
office or another senior official of the Commission shaII be
designated by the Vice- Chairperson and Executive Officer to sit as b) Decisions of the Inspector General affirming the Resolution of the
chairperson of the Board in the disposition of that particular case. regional IDS or the Prosecution Division of the National IAS dismissing the
complaint for lack of probable cause.
Section 3. What are Appealable. – The following are
appealable to the RAB: RULE 9

a) Decisions of city/municipal. Mayors and the Chiefs Police SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT
in the exercise of their disciplinary powers under Section 41(a) of
RA 6975 as amended; Section 1. Jurisdiction of the Secretary. Decisions of the RAB and the
NAB may be appealed to the Secretary of the Department of the Interior
b) Decisions of the PLEB or the PNP Regional Director in the and Local Government.
exercise of their disciplinary powers under Section 41(a) of RA 6975
as amended where the penalty imposed is demotion or dismissal
from the service; RULE 10

c) Decisions of the PNP Regional Director or equivalent CIVIL SERVICE COMMISSION

supervisor in the exercise of their disciplinary powers under Section
41(b) of RA 6975 as amended, where the penalty imposed is Section 1. Appellate Jurisdiction of the Civil Service Commission. The
demotion or dismissal from the service; following are appealable to the Civil Service Commission (CSC):

d) Decisions of the PNP Regional Director in the exercise of a. Decisions of the Secretary of the Interior and Local Government in the
its summary dismissal power under Section 42 of RA 697 amended exercise of his appellate jurisdiction except Decisions of the NAB
where the penalty imposed is demotion or dismissal from the affirming the resolution of the National IDS dismissing the complaint for
service; lack of probable cause;

RULE 8
b. Decisions of the NAPOLCOM en banc as summary dismissal authority The chairperson of the PLEB shall be elected from among its
except Decisions approving the dismissal of the complaint for lack of members.
probable cause.
Except as provided in this Section or as may provided by law, a
C. SPECIAL PROVISIONS public official or employee is disqualified for appointment or designation as
member of the PLEB.
RULE 11
Applying the provisions of Article 152, Chapter IV, Title III, Book II of
PEOPLE’S LAW ENFORCEMENT BOARD (PLEB), CREATION, FUNCTION, the Revised Penal Code, the members of the PLEB are considered persons
COMPOSITION, TERM OF OFFICE AND QUORUM in authority.

Section 1. Creation. – The Sangguniang Panglungsod/Bayan in Section 4. Resolution and Executive Order Constituting the PLEB.
every city and municipality shall create such number of People’s Law The Sangguniang Panlungsod/Bayan shall pass a resolution formally
Enforcement Law Boards (PLEBs) as be necessary: Provided, that there shall organizing the PLEB, a copy thereof, shall immediately be submitted to the
be at least (1) one PLEB for every five hundred (500) city or, municipal police City/Municipal Mayor who shall, within five (5) days from receipt of the
personnel and for each of the legislative districts in a city. same, issue the appropriate order adopting the resolution of the
Sanggunian concerned. A copy of said Executive Order shall be furnished
Section 2. Functions, Powers and Duties. – The PLEB has the power the NAPOLCOM Regional Office within ten (10) days from issuance.
to hear and decide citizen’s complaints formally filed with or referred to it
against any uninformed member of the PNP. 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 unless
Section 3. Composition. - The PLEB shall be composed of the sooner removed for cause. Such member shall hold office until his/her
following: successor shall have been chosen and qualified.

a) A member of the Sanggunian Panlungsod/Bayan chosen by the The tenure of office of PLEB who has been designated as such by
respective sanggunian; virtue of his election to the Sangguniang Panlungsod/Bayan or his
membership with the Liga ng Mga Barangay ends upon the expiration of
b) A punong-baranggay of the city or municipality concerned his term of office as Barangay Chairman/ Punong Barangay. If reelected, and
chosen by the Liga ng mga Barangay; and subsequently re-designated to the PLEB, he must take a new oath of office.

Section 6. Budget Allocation. – The annual budget of the city or

c) Three (3) other members, who can be removed only for cause, municipality shall include an item and the corresponding appropriation for
chosen by the city/municipal peace and order council from the maintenance and operation of their local PLEB(s).
among respected members of the community known for their
probity and integrity, one (1) of whom must be a woman and Section 7. Quorum. - The presence of three (3) members of the PLEB
another, a member of the Bar, or in the absence thereof, a shall constitute a quorum: provided, however, that a vote of at least three
college graduate, or, the principal of the central elementary (3) members shall be required in rendering a decision.
school in the locality.
 If for any reason, the chairperson is absent or is disqualified from of venue for administrative cases pending before their respective offices on
participating in the hearing, the members, there being a quorum, shall elect the following grounds:
from among themselves a temporary chairperson to perform the duties of
a chairperson. a) When any of the parties is exerting efforts to harass, intimidate,
coerce or unduly influence the other party, his witnesses or
When a PLEB member, after sufficient notice, fails or refuses to immediate members of the family to withdraw the complaint
attend the hearings and/or deliberations of the Board without any valid and or retract their statements; or
justifiable reason and it could not proceed for lack of quorum, the
Chairperson or the designated presiding officer may request the b) When there is an imminent and direct threat to the life and limb
Sanggunian Panlungsod/Bayan or the Liga ng mga Barangay or the of any parties so as to frustrate the successful investigation of
City/Municipal Peace and Order Council, as the case may be, to designate a the administrative case; or
temporary representative to enable the body to constitute a quorum:
Provided, that such temporary representative shall act as such only for
specific case. c) When any of the parties is harmed the cause of which or the
motive is closely related to the pending case; or
Section 8. Disqualification by Reason of Affinity or Consanguinity. –
The Chairperson or any member of the PLEB who is related to the
complainant or respondent by affinity or consanguinity within the fourth d) To better serve the ends of justice.
civil degree shall be disqualified from participating in the proceeding and
the case shall be tried by remaining members: Provided, that there is a
quorum. In the event that PLEB could not proceed with the hearing for lack RULE 13
of quorum, the Peace and Order Council, the Sanggunian
Panlungsod/Bayan, or the Liga ng mga Barangay of the city/municipality COMMENCEMENT OF COMPLAINT
concerned shall appoint a temporary member for that specific case only.
Section 1. How initiated. - a) An administrative complaint may be
initiated by filing a written sworn statement before the Disciplinary
PART II Authority or the IAS, accompanied by affidavits of witnesses, if any, and
other evidence in support thereof.
COMMON PROVISIONS
The complaint shall be accompanied by a certificate of non-forum
RULE 12 shopping duly subscribed and sworn to by the complainant. If the complaint
VENUE is not accompanied by a certificate of non-forum shopping, the complaint
shall be required to submit the same within five (5) days from notice;
Section 1. Venue. - The administrative complaints or cases against otherwise, the complaint shall be dismissed.
any PNP member shall be filed before the disciplinary authority or IAS for
having territorial jurisdiction where the offense was committed. b) if the complaint is verbally made, the Disciplinary Authority or
IAS or their authorized officer shall assist the complainant in preparing
Section 2. Transfer of Venue. - The Disciplinary Authority or IAS or his/her complaint-affidavit and other documents in support thereof.
their authorized officer may, upon motion of either party, order a change
 C) In case of a letter-complaint, which is neither under oath based Section 1. Pre-Charge Investigation. - If the complaint is approved
on official reports, the Disciplinary Authority or IAS or their authorized for pre-charge investigation, the Disciplinary Authority or IAS or its
officer shall require the complainant and witnesses to affirm their authorized officer shall direct its docketing in the Pre-Charge Investigation
signatures and to execute affidavits to substantiate the complaint. Such docket book by stamping on the face of the complaint and its approval, the
complaint shall likewise be accompanied by certificate of non-forum time and date of receipt; recording and assigning a case number to it; and
shopping. designate the officer who shall conduct the investigation. The investigation
shall include the examination of records and documents readily available
d)An anonymous complaint may be the basis of a formal complaint from other government offices for the purpose of determining the
provided that the material allegations contained therein may be validated existence of probable cause.
by the Disciplinary Authority or IAS or their authorized officer.
Section 2. Duration of the Investigation. – A pre-charge
Section 2. Contents of a Complaint. - The complaint shall contain investigation shall commence by furnishing the PNP member complained of
the following: with a copy of the complaint and its supporting documents not later than
a) Full name, address and contact information of the complainant; three (3) days from docketing thereof.
b) Full name, rank and station or assignment of the respondent/s;
and The respondent may then submit his comment/counter-affidavit
c) A narration of the material facts which show specifically the act within five (5) days from receipt of the complaint, provided, however, that
or omission attributable to the particular respondent/s failure of the respondent to submit his comment/ counter-affidavit shall be
constituting the offense allegedly committed, the place, date construed as a waiver thereof.
and time of commission of the offense.
Upon receipt of the counter-affidavit or comment under oath, the
Section 3. Initial Evaluation of the Complaint. - Upon receipt of the pre-charge investigator may now determine whether probable cause exists
complaint, the Disciplinary Authority or IAS or their authorized officer shall to warrant the filing of a formal charge. The pre-charge investigation shall
immediately record it in a logbook and conduct the initial evaluation to be terminated within ten (10) days from receipt of the comment/ counter-
determine if it has jurisdiction and thereby docket the same for pre-charge affidavit or upon the expiration of the period to submit the same.
investigation or for formal charge in cases before the PLEB; or refer it to the
appropriate disciplinary authority; or treat it as a grievance/request for However, if necessary, the parties may be required to appear for
assistance and refer it to the concerned office. clarifictory questioning provided that they are notified three (3) days before
the scheduled appearance. The parties may already identify and affirm their
The evaluation report recommending for the dismissal of the respective pieces of evidence. The investigator before whom said
complaint or referral to the appropriate Disciplinary Authority or grievance documents were identified and affirmed must so indicate such facts in
committee shall be approved by the Disciplinary Authority or IAS or their minutes of proceeding, to include matters clarified and attach the same
authorized officer. with the records of the case.

RULE 14 No motion for extension of time to submit comment/counter-

affidavit or any other dilatory motions shall be allowed except upon
PRE-CHARGE INVESTIGATION meritorious cases and the filing thereof does not interrupt the regulatory
period for the submission of the comment/ counter-affidavit.
 Section 3. Pre-Charge Investigation Report- Within five (5) days
from the termination of the pre-charge investigation, the investigating The case shall be deemed formally filed and pending upon receipt
officer shall submit to the Disciplinary Authority or IAS the Pre-Charge and entry of the same official docket of the Disciplinary Authority or IAS.
Investigation Report for approval together with the complete case records The office tasked to maintain the docket of administrative cases shall inform
to include the formal charge. the Discipline, Law and Order Division (DLOD), Directorate for Personnel
and Records Management (DPRM) of the pending cases as well as the PNP
In the absence of probable cause, the complaint shall be dismissed unit where the respondent is assigned.
by the Disciplinary Authority or IAS or its authorized officer.
Section 2. Assignment of Hearing Officers. – Except in cases filed
Section 4. Motion for Re-investigation- The complaint may file a before the PLEB, the disciplinary authority or the IAS shall within five (5)
motion for re-investigation to the Disciplinary Authority within three (3) days from the receipt and docketing of the complaint, assign and transmit
days from receipt of the resolution of the investigating officer/unit dropping the same to a summary hearing officer.
or closing the complaint for lack of probable cause on the ground that
palpable mistake was committed in the appreciation of the complaint, RULE 16
counter-affidavit and other supporting evidence. Only one motion for re-
investigation and until its termination, appropriate docket entries must PREVENTIVE SUSPENSION
have made by the responsible person of the unit.
Section 1. Preventive Suspension of the Respondent by the Disciplinary
Section 5. Docket Entries. - In all instances, during the pre-charge Authority or IAS. - The Concerned Disciplinary Authority IAS, upon motion
investigation and until its termination, appropriate docket entries must of the complainant’s position paper or conduct of clarificatory hearing,
have made by the responsible person of the unit. place the respondent/s on preventive suspension for a period not exceeding
ninety (90) days under the following circumstances:
RULE 15
a) That the charge is serious or grave and the evidence of guilt is
FILING AND ASSIGNMENT OF CASES TO SUMMARY HEARING strong; or
OFFICERS b) There is evidence to show that the respondent is exerting effort
to harass, intimidate, coerce, or unduly influence the
Section 1. Formal Charge. - After finding a probable cause, the complainant or his/her witnesses into withdrawing the
investigating office shall formally charge, under oath, the PNP member complaint or retracting the sworn statement against the
complained of. The formal charge shall contain (1) specification of the respondent or to tamper with the evidence.
charge/s; (2) a brief statement of material or relevant facts; and (3) the Section 2. Request for preventive Suspension by the PLEB –In the
presence, if any, of aggravating circumstance/s. It shall be accompanied by following cases the superior officer shall not deny a request for preventive
certified true copies of the documentary evidence, if any, including the suspension by the PLEB:
sworn statements or judicial affidavits of witnesses.
a) When the respondent refuses to heed the PLEB’s summons or
The office tasked by the disciplinary authority to maintain the subpoena;
records of administrative cases shall enter the case into its official docket b) When the PNP personnel is charged with offenses involving
by stamping on the face of the formal charge the time and date of receipt bodily harm or grave threats;
and assign a case number to it.
 c) When the respondent is in a position to tamper with the
evidence; and The disciplinary authority shall not entertain request for
d) When the respondent is in a position to unduly influence the classification, bill of particulars, motion to dismiss, and any other motion
witnesses. which are obviously designed to delay the administrative proceedings. If
any of these pleadings are field by the respondent, the same shall not toll
Any superior who fails to act on any request for preventive the elementary period for filing an Answer.
suspension without valid grounds shall be held administratively liable for
serious neglect of duty. Section 3. effect of failure/Refusal to File Answer. – If the
respondent fails or refuses to file an answer within the period provide.
Section 3. Motion for reconsideration on the order of preventive he/she shall be considered to have waived his/her right to submit the same
suspension. - The respondent /s may file a motion for reconsideration with and the case shall be decide based on available records.
the Disciplinary Authority within five (5) days from receipt of copy of the
order of preventive suspension anchored on the ground that the order is Section 4. Effect of Admission by Respondent. - When the
not supported by any of the circumstances enumerated in Section 1 and 2 respondent in his answer admits his culpability to the charge, the PLEB or
of this Rule. the Summary Hearing Officer shall determine the penalty commensurate to
the offense committed taking into account the present of mitigating
RULE 17 circumstance/s invoked by the respondent and aggravating circumstance/s
alleged by the prosecution.
SUMMARY PROCEEDING AND DISPOSITION OF CASES
Section 5. Pre-Hearing Conference –Within fifteen (15) day from
receipt of the answer, the PLEB or the Summary Hearing Officer shall
Section 1. Summons. - the designated summary hearing officer or conduct the pre-hearing conference for the purpose of: a) defining and
the PLEB shall issue summons within three (3) days from receipt or simplifying the issues of the case: b) entering into admission and/or
docketing of the complaint, as the case maybe, to be served upon the stipulation of facts c) marking of exhibits after proper identification by the
respondent directing him/her to submit his/her answer within an in parties /signatories; and d) threshing out other matter relevant to the case.
extendible period of seven (7) working days from receipt thereof. The proceeding in the pre-hearing conference shall be recorded duly signed
by the parties and Summary Hearing Officer or PLEB.
Section 2. ANSWER. - The answer shall be in writing under oath and
must contain materials facts, which may either be a specific denial or Section 6. Submission of position papers. – The PLEB or the
affirmation of the allegations in the complaint as well as the presence of Summary Hearing Officer shall direct the parties to file, within fifteen (15)
mitigating circumstance/s, if any. The respondent/s may attach therewith days from the termination of the pre-hearing conference, their respective
documentary evidence in support of his defense, copy furnished the verified position papers in lieu of a full blown hearing taking into account
complainant. the summary nature of administrative proceedings. The position papers
shall contain only those charges, defenses and other claims contained in the
The answer shall be field either personally or by registered mail, affidavits and pleadings filed by the parties. Any additional relevant
with proof of appropriate service to the complainant. If the answer is sent affidavits and/or documentary evidence may be attached by the parties to
by registered mail, it is deemed field on the date of receipt stamped by the their position papers.
post officer on the envelope. Said envelope shall be kept and made an
integral part of the answer and records of the case.
 Upon receipt of the position papers, affidavits and other pleadings administrative case and the award of retirement benefits due him/her shall
filed, the PLEB or the Summary Hearing Officer may considered as a waiver be subject to the final disposition of the administrative case.
thereof.
The administrative case of a retiring or retired PNP member shall
Section 7. Clarificatory Hearing. – within five (5) days from receipt be terminated or resolved within three (3) months from the effectivity date
of the position paper of the parties or after the expiration of the period to of his/her retirement. After the lapse of such period and the case has not
file the same, a party may move or the Summary Hearing Officer or the PLEB been terminated or resolved without justifiable reason/s and/or without
may issue an order, for the conduct of a one-time clarificatory hearing prejudice to the outcome of the case.
where the parties shall be afforded the opportunity to be present and
submit written clarificatory questions to the Summary Hearing Officer or In the event that the respondent who has retired is found guilty and
the PLEB which will determine whether or not the questions are necessary the penalty of suspension is imposed, the corresponding amount relative to
and relevant to the fact in issue. the period of suspension shall be deducted from that portion of his
retirement benefits that are allowed by law.
Thereafter, the parties may submit their respective proposed draft
decision for the consideration of the Summary Hearing Officer or the PLEB In the event that the respondent who has retired is found guilty and
in arriving at its findings and conclusions. The failure of any party to submit the penalty of suspension is imposed, the corresponding amount relative to
the same shall be deemed a waiver thereof. the period of suspension shall be deducted from that portion of his
retirement benefits that are allowed by law.
Section 8. Assistance of Counsel. – Parties may be assisted by
counsel in the preparation and submission of their pleadings and during the Section 12. Effect of Death. – The administrative case against the
clarificatory hearing. respondent who dies during the pendency thereof must be resolved as
follows:
Section 9. Postponement. – Request for postponement of a
clarificatory hearing may be granted only in meritorious cases, such as a) In situations where death occurred while the case is pending
illness of a party or his/her witness and/or other similar unavoidable causes. investigation:
A request for postponement on the ground of illness shall be supported by
a duly sworn medical certificate. Regardless of the ground invoked, only one 1) The administrative case should not be dismissed when the
(1) postponement shall be granted to each of the parties. death of the respondent occurred when the formal
investigation reached the stage where respondent is
Section 10. Prohibition on Reassignment of Respondent during considered to have afforded due process; as when the following
Pendency of an Administrative Case. – A respondent PNP member shall not concur: 1) respondent was noticed of the complaint/ charge
be reassigned or transferred to another city/ municipal police station or unit against him/her; and (2) when he has filed an answer or has
during the pendency of the case, unless the concerned Disciplinary waived his/her right to file the same (as this is the stage when
Authority or IAS certifies that the presence of the respondent is no longer respondent has been afforded the opportunity to explain
necessary. Any superior who knowingly violates the provision shall be his/her side.)
administratively liable for irregularity in performance of duty.
2) If the respondent dies before he/she could explain his/her side
Section 11. Effect of Compulsory Retirement. – The compulsory through an answer complaint/charge, the administrative case
retirement of the respondent shall not affect the pendency of his/her shall be dismissed on account of the death of the respondent
 as he/she cannot be deemed to have been accorded the PLEB, each case shall be decided within sixty (60) days from the case
opportunity to be heard which is a basic element of due is filed before it.
process.
Section 17. Contents of Decision, - The decision shall
contain the full name of the parties, rank and assignment of the
b) In situations where the death occurred after the respondent has respondent, the offense charged, a brief statement of the materials
perfected his/her appeal before the Appellate Body, the appeal and relevant facts, the findings as established by the evidence on
shall continue until its final determination. In the event the record, the conclusion, the applicable laws, rules and the
deceased respondent-appellant subject-appellant subject to the regulations, jurisprudence, and the disposition thereof.
Law on Succession.
Section 18. Respondent Found Liable for an Offense
Section 13. Records of proceeding. – The proceeding during Separate and Distinct from which he was Charged. – A respondent
the conduct of the clarificatory hearing shall be taken in shorthand may be found culpable of an offense separate and distinct from that
or stenotype, if there is a stenographer. The transcript of which he was charge: Provided that acts constituting the offense of
stenographer notes taken, but in no case beyond ten (10) days from which he was found culpable were alleged in the complaint and the
the date of the clarificatory hearing. respondent was given the opportunity to answer.

Section 14. Where Services of stenographer Not Available. Section 19. Finality of Decision. - The disciplinary action
– in areas and case, where the service of a stenographer are not imposed upon a member of the PNP shall be final and executory:
available, a substantial account of the proceedings duly certified to Provide, that a disciplinary action imposed by the PNP regional
as correct to as correct by the Disciplinary Authority or Summary director or by the PLEB involving demotion or dismissal from the
Hearing Officer shall suffice. service may be appealed to the RAB within ten (10) days from
receipt of the copy of the notice of decision: Provide, further, that
Section 15. Submission of Report of Investigation. – The the disciplinary action imposed by the Chief of the PNP involving
Summary Hearing Officer, whenever applicable, is required to demotion or dismissal may be appealed to the NAB within ten (10)
submit a report of investigation within thirty (30) days from the days from receipt thereof.
date the case is submitted for resolution which shall contain the
findings of facts and the corresponding recommendation Section 20. Motion for Reconsideration. – The party
accompanied by the complete original records. adversely affected by the decision may file a motion for
reconsideration with the Disciplinary Authority which rendered the
In case filed before the IAS, the provincial director, regional same within ten (10) days from receipt of a copy thereof based on
director and the Inspector General shall resolve and forward its any of the following grounds:
recommendation to the disciplinary authority, within thirty (30)
days from receipt of the report of investigation from the Summary a) Newly discovered evidence which, if presented, would
Hearing Officer. materially affect the decision rendered; or
b) Error of law or irregularities have been committed
Section 16. Period to Render Decision. – The Disciplinary prejudicial to the substantial rights and interest of the
Authority shall decide the case within thirty (30) days from receipt movant; or
of the Report of Investigation, or IAS resolution. With regard to the
 c) The decision is not supported by the evidence on In all instances, a Return of Service by the server shall be made
record. within twenty-four (24) hours from service to the respondent, either
personally or by registered mail.
A motion for extension of time to file a motion for
reconsideration shall not be allowed. Section 2. Responsibility of the Administrative/Personnel Officer. –
The Administrative/Personnel Officer of a unit, office or station shall
The filing of a timely motion for reconsideration shall stay
compile and keep a complete record of the latest official residential
the implementation of the decision sought to be reconsidered. Only
one (1) motion for reconsideration shall be allowed and the same addresses of all the PNP uniformed personnel assigned within his area of
shall be considered and decided by the Disciplinary Authority within responsibility; and shall certify the latest official residential address of any
fifteen (15) days from receipt thereof. respondent, upon presentation of the process server of the notices and
summons to be served.
Section 21. Certificate of Finality. – The disciplinary
authority or appellate body shall issue a certificate of the decision RULE 19
of the case where no motion for reconsideration or appeal is filed
within the prescribed period. FILING AND SERVICE OF PLEADINGS, PROCESS AND DECISIONS

RULE 18 Section 1. Filing of pleadings. – The filing of pleadings by the parties shall be
made by presenting the original copies thereof to the concerned
SERVICE OF NOTICES AND SUMMONS Disciplinary Authority, IAS or Appellate Body or by sending them by
registered mail with proof that the other party was served with a copy. The
Section 1. To whom and by whom served. -(a) All notices and
date and time of the receipt shall be indicated on the face of the original
summons shall be served to the respondent in person by the person by the
document and the receiving copies. In case the documents were sent by
process server or by registered mail at his/her official station/last known
registered mail, the date and time of actual receipt shall be the time and
place of assignment or last known address as stated in his/her Personal Data
date of receipt as stamped on the envelope which is required to be attached
Sheet.
to the document as part of the record.
(b) If personal service is not possible or when the respondent
Section 2. Service of Subpoenas and Interlocutory Orders. –
refuses to receive the notices or summons, service may be made by leaving
Subpoenas and other interlocutory orders shall be served personally in the
a copy of the same with the Administrative Officer at his official station or
manner provided for under Rule 18 hereof; Provided however, that if the
with any responsible member of respondent’s household at his last known
complainant and/or respondent is represented by counsel, service of orders
address provided that if the latter also refuses to receive the summons or
to the counsel shall be deemed service to his client.
notices, service may be made to the official of the barangay office in that
area. Section 3. Service of Final Orders / Decisions / Resolutions. – Final
orders, decisions or resolutions shall be docketed before its release by the
Disciplinary Authority, IAS or Appellate Body; and copies thereof shall be
served upon the parties personally or by registered mail.
 Section 4. Implementation of Orders / Decisions/ Resolution. Which RULE 20
Have Become Final and Executory. – Orders, decisions or resolutions which
have become final and executory shall be referred to the PNP Regional APPEAL
Director or his equivalent supervisor in the office / unit where the Section 1. How Appeal is Taken; Time of Filing. – Appeals from the
respondent is assigned or the Director, Directorate for personal and decisions of the Disciplinary Authority or Appellate Body shall be taken by
Records Management (Attention: Discipline, Law and Order Division)for the party adversely affected by filing a notice of appeal with the office that
implementation within five(5) days from receipt of the request or order of rendered the decision or resolution, copy furnished the other party, within
the Disciplinary Authority or Appellate Body to implement the same, copy ten (10) days from receipt of a copy of the decisions.
furnished the Director, PNP Finance Service and the respondent’s unit
assignment. Section 2. Appeal Fee. - The appellant shall pay the prescribed
appeal fee, whenever required, and the proof of payment thereof shall be
The PNP official to whom it is addressed must make the appropriate attached to the notice of appeal.
return to the Disciplinary Authority or Appellate Body indicating the action
taken on the referral / order for implementation. Any PNP officer charged Section 3. Notice of Appeal and Memorandum On Appeal. – (a) A
with the implementation of a Decision which has become final and Notice OF Appeal shall be filed in three (3) legible copies which shall contain
executory who fails to implement the same shall be liable for serious neglect the following: 1) the material dates showing that it was filed on time; 2) the
of duty. assignment of the specific errors of fact or law, or both, allegedly committed
by the Disciplinary Authority; (3) the specific Appellate Body to which the
Section 5. Maintenance of a Docket Book. – A docket book shall be appeal is being taken; and 4) the complete mailing address and contact
maintained by the Disciplinary Authority or IAS and shall contain, among information of the appellant or counsel.
others, the following: a) date and time of receipt of the pre-change
investigation report; (b) the case number; (c) the name of the parties ; (d) The appellant shall submit a Memorandum on Appeal in three (3)
the offense charged; (e) the Summary Hearing Officer to whom it was legible copies simultaneous with the Notice of Appeal or not later than
assigned; (f) the date and time of receipt of the case folder by the Summary fifteen (15) days from the filing of the notice of appeal, copy furnished the
Hearing Officer; (g) the date and time the report of investigation of the other party.
Summary Hearing Officer was received by the Disciplinary Authority; (h) the
(b) In all appealed cases, the titles of the case shall remain as it was
date the decision was promulgated by the Disciplinary Authority; (i) the date
before the Disciplinary Authority with the party appealing the case referred
the decision was received by the parties.; (j) the date the decision became
to as the “appellant” and the prevailing party as the “appellee”.
final and the issuance of the certificate of finality; (k) the date the
implementing order was issued; (l) the date the motion for reconsideration, Section 4. Dismissal of the Appeal. – When the appellant fails to
if any, was received by the Disciplinary Authority; (m) the date the motion comply with the requirements provided in Section 1, 2 and 3(a) of this Rule
for reconsideration, if any, was resolved by the Disciplinary Authority; (n) the Appellate Body shall direct compliance thereof within ten (10) days
the date the notice of appeal, if any, was received by the Disciplinary from receipt of the order with a warning that non-compliance with the
Authority; and (o) other matters relevant to the case.
requirements shall be construed as failure to perfect an appeal and shall OFFENSES
cause the dismissal of the appeal with prejudice to its re-filing.
Section 1. offenses Punishable. – The following are the offenses
Section 5. Transmittal of the Record. – Within fifteen (15) days from punishable and defined as follows:
receipt of the Notice of Appeal, the concerned Disciplinary Authority shall
forward the complete original records of the case to the appellate body,
which shall be systematically and chronologically arranged, paged and 1) Neglect of Duty or Nonfeasance – is the omission or refusal, without
securely bound to prevent loss of any piece of document and evidence sufficient excuse, to perform an act or duty, which it was the peace
thereof. The transmittal of the records shall be a ministerial duty and failure officer’s legal obligation to perform; implies a duty as well as its
to forward the same shall be a ground for administrative action against the breach and the fact can never be found in the absence of duty.
concerned official or personnel for serious neglect of duty.
2) Irregularities in the Performance of Duty or Misfeasance- is the
Section 6. Docketing of Appealed Cases. – Upon receipt of the improper performance of some act which might lawfully be done.
complete original records, which shall include the exhibits and transcript of
stenographic notes from the Disciplinary Authority, the Appellate Body shall 3) Misconduct or Malfeasance- is any wrongful, improper or unlawful
immediately docket the same by stamping the time and date of receipt on conduct motivated by premeditated, obstinate or intentional
its cover, assigning the appeal case number and entering the same, purpose. It usually refers to transgression of some established and
including its original administrative case number, on the docket book for definite rule of action, where no discretion is left except where
appealed cases. necessity may demand; it does not necessarily imply corruption or
criminal intention.
Section 7. Period to Act on Appeal. - The RAB and the NAB shall
decide the appeal within sixty (60) days from receipt of the complete 4) Dishonesty- is the concealment or distortion of truth in a matter of
records of the case. fact relevant to one’s office or connected with the performance of
his duties;
Section 8. Withdrawal of Appeal. – At any time before the appellate
body renders its decision resolving the appeal, the appellant, as a matter of
5) Conduct Unbecoming of a Police Officer- any act or behavior of a
right, can withdraw the same; which shall consequently, render the
police officer, irrespective of a rank, done in his official or private
appealed decision final and executory. No motion to reinstate the appeal capacity which, in dishonoring or disgracing himself as a police
shall be allowed. officer, seriously compromises his character and standing in the
PNP in such a manner as to indicate vitiated or corrupt state of
PART lll
moral character which shows his unworthiness to remain in the
ADMINISTRATIVE OFFENSES AND PENALTIES police service;

RULE 21 6) Incompetence- is ignorance or the material lack of adequate ability

and fitness for the satisfactory performance of police duties. This
 refers to any physical, intellectual, psychological and moral quality, c) Fail to order or cause the investigation of a subordinate reported
the lack of which substantially incapacitates a person to perform to him as absent without leave;
the duties of a police officer;
d) Fail to disseminate any order, directive or instruction;
7) Oppression- imports an act of cruelty, severity, unlawful exaction,
e) Fail to coordinate or cooperate with other law enforcement
domination, or excessive use of authority. The exercise of unlawful
agencies and their personnel;
powers or other means, in depriving an individual of his property or
liberty against his will, is generally an act of oppression; and f) Absent oneself from office without having filed the necessary
application for leave or secured the approval of the superior officer for a
8) Disloyalty to the Government- consists of the abandonment or
period not exceeding three (3) days in a mouth;
renunciation of one’s loyalty to the government of the Republic of
the Philippines, or advocating the overthrow of the government, g) Fail or refuse to give his name and badge number when properly
through over or covert acts. requested;

Section 2. Classification of Offenses- for purposes h) Fail to report upon declaration of alert levels;
of determining jurisdiction and applying the appropriate
i) Fail to report for duty in prescribed uniform with badge,
penalty, administrative offenses are classified into light,
identification card, service firearm and other required equipment, except
less grave and grave:
those not required to wear the prescribed uniform by reason of the
exigency of the service;
A. LIGHT OFFENSES:
j) Fail to keep an official appointment with a complainant, informer
1) Simple Neglect of Duty- shall include but not limited to the or crime witnesses without lawful justification;
following:
k) Fail to submit a written report to his superior officer immediately
a) Fail to supervise, inspect and control subordinates directly under or within a reasonable time after accidental firing of his firearm, when time
his command as their punctuality, attendance, prescribed attire, proper use and circumstances would permit;
and maintenance of equipment, preparation and submission of reports,
l)Fail to take custody of government issued property from a
efficient performance of their duties and responsibilities, and the
member under his supervision who is suspended, separated, retired or
observance of good order, conduct, behavior and discipline;
dead;
b) Fail to take corrective action by way of warning, advise or
m)Fail to conduct within a reasonable period, proper, through and
admonition to a subordinate or to report a subordinate who committed a
complete investigation when assigned to do so;
dereliction, irregularity or violation of departmental rules and regulations;
n) Fail to thoroughly search for, collect, preserved and identify
evidence in any arrest or investigation conducted by him;
 b) use siren while not responding to an emergency or not in hot
pursuit of a fleeing criminal or law violator.
o) Fail to take proper custody, record, tag, and identify property
entrusted to him as evidence; c) malinger, loaf or consort with others while on duty or arrange
with another member to take his place during his tour of duty,
p) Fail to report to his superior officer his inability or incapability to
without prior approval of his superior;
report for duty, attend a conference, general inspection, or participate in
an operation; d) Allow unauthorized member of the PNP to drive marked or
unmarked police vehicles;
q) Fail to respond to a call for assistance;
e) interfere or obstruct the work of other members or change the
r) Fail to inform his superior as to the result of action taken on a call assignment or tour of duty of subordinates not belonging to his
or dispatch; unit/office;
s) Fail to report to his superior officer a hazardous condition or f) be delayed unnecessarily in attending to or in performing a duty;
dangerous situation;
g) delay in responding to a call for assistance;
t) Fail to prepare and submit properly written reports within the
prescribed period; h) any other improper performance of an act of duty that is
analogous to the foregoing.
u) Fail to report to a new assignment within ten (10) days from the
order of reassignments without sufficient reason; 3) Simple Misconduct – shall include but not limited to the
following:
v) Leave his post or beat before the end of tour of duty or leave
without the required turn over to the incoming duty personnel. a) fail to salute officials, dignitaries, superior officers and other
officials entitled there to or the national colors during the playing
w) any other omission or refusal, without sufficient excuses, to of the national anthem;
perform an act or duty that is analogous to the foregoing.
b) fight, threaten or quarrel with any member of the police force;
provided, that when the member being challenged or threatened is
2) Simple Irregularity in the Performance of Duty- shall include but one of higher rank, the charge shall be that of Grave Misconduct;
not limited to the following: c) read newspaper, books or periodicals while in uniform and on
a) dive a marked police vehicle while not in prescribed uniform, street duty;
except those who are not required to do so by reason of the d) be untidy or couth in his personal appearance and behave in an
exigency of the service; ungentlemanly or undignified manner;
e) fail to recognize and satisfy any just debt due to a private the imposable penalty is imprisonment of one (1) day to thirty (30)
individual; days.

f) solicit attorneys, bondsmen, or guarantors for arrested or 4) Simple Dishonesty- includes (a) dishonest acts that did not cause damage
confined persons; or prejudice to the government as well as those with no direct relation to
or do not involve the duties and responsibilities of the respondent; (b)
g) fail to be home or to be at the place of confinement without
dishonest acts that did not result in any gain or benefit to the offender, and
legitimate reason after having been reported sick or suffering where the information falsified is not related to employment in case of
injuries; falsification of official document.
h) use rude or insulting language or exhibit similar rudeness to the
B LESS GRAVE OFFENSES
public;
1) Less Grave Neglect of Duty- shall include but not limited to the
i) fail to report for record with the Complaint or Desk Officer a case following:
prior to its investigation;
a) Fail to execute lawful orders from higher authority or tolerate
j) allow or tolerate idlers, fixers or persons of questionable
any subordinate to ignore or ridicule any order, rule or
character to stay or loiter in his office, post or place of assignment
regulation;
without any legitimate reason or purpose;
b) Fail to make immediate correction or take appropriate action
k) fail to maintain cleanliness and orderliness in his office, premises, when a dereliction, irregularity or violation of law or duty is
being committed or has been committed in his presence by a
post or surroundings;
subordinate under command, or fail to report the same to his
l) use officials form, letterheads, seals and stamps privately or in commanding officer within twenty-four (24) hours;
violation of protocol; provided, that when they are used for c) Fail to take disciplinary action as may be necessary against a
committing fraud or dishonestly, the charge shall be Grave subordinate under his command who has committed a serious
Misconduct; dereliction, violation or irregularity:
d) Fail to comply with any lawful order or instruction of a superior
m) be found to have the odor or smell of alcohol his breath while officer or the Chief or Police;
on duty, or possesses alcoholic beverages on his person, police e) Fail to report immediately to his superior officer, or the Chief of
vehicle, post or office; police the injury, illness, death or escape of a prisoner who is
under his custody;
n) make or conduct unauthorized solicitations of contributions from f) Fail to communicate to the chief of Police, through channels,
subordinates or private person. any valuable information that will lead to the apprehension of
a wanted person, or furnish clues for the solution of a case or
o) commit any act or omission that constitutes a crime punishable for the recovery of stolen property;
under the Revised Penal Code or special laws where the duration of
 g) Fail to issue a traffic Citation Ticket (TCT) or temporary c) Use traffic violation reports duly validated by the LTO, MMDA,
Operator’s Permit (TOP) To an offending driver whose license is or city/municipal government but are not issued to him for
already confiscated; traffic enforcement work;
h) Fail to turn in the used TCT or TOP together with confiscated d) Use the official insignia, markings and seal of the police force in
driver’s license at the end of his tour of duty or within twenty- any privately owned vehicle, without the authority of the Chief
four (24) hours, or fail to account for the TCT’s or TOP’s issued of Police or superior officer;
to and used by him; e) Disregard or violate traffic rules and regulations while driving a
i) Fail to report as a peace officer any incident, condition or police vehicle when not in hot pursuit and not responding to an
occurrence witnessed by or reported to him which calls for emergency call.
immediate police action; 3) Less grave Misconduct – shall include but not limited to the
j) Fail to properly patrol his beat, sector or post; fail to take following:
appropriate action concerning vice conditions in his beat
and/or give written report of the same to his superior; a) Take advantage of his position by procuring goods and
k) Fail to report to his superior officer, within a reasonable period, commodities at a losing price to an unwilling seller, or partake
injury inflicted by him to a person or animal, damage or loss of of food, drinks and cigarettes free of charge;
government property while on or off duty; b) Engage ion regulated gambling or games of chance, while on
l) Fail to comply with the order of the court of competent duty;
jurisdiction; c) Be drunk and disorderly while on or off duty and in recognizable
m) Willfully violate office regulations and/or refuse of neglect to police uniform;
comply with said provisions; d) Maliciously intrigue against the honor of a co-officer, or indulge
n) No sleep on his post while performing patrol or guard duty; in idle gossip or spread rumors that tend to discredit a PNP
o) Absent oneself from office without having field the necessary member;
application leaves or secured the approval of the superior e) Exhibit marked discourtesy in the course of official duties or use
officer for a period or more than three (3) days but not profane or insulting language to any superior officer;
exceeding fifteen (15) days. f) Serve as escort or security officer, whether on foot or by motor
2) Less Grave Irregularity in the Performance of Duty – shall include vehicle, for any private individual regardless of his status in
but not limited to the following: social or religious circles on any occasion, unless authorized by
the Chief or Police or the appropriate officials authorized to do
a) Apply for and serve a search or seizure warrant in any so;
establishment or private house without the knowledge or g) Take a trip abroad without approved leave and approval of the
approval of the Chief of Police on his superior officer; authorities concerned;
b) Use traffic violation reports which are not duly validated by the h) Borrow or solicit money or any valuable from his subordinates
Land Transportation Office (LTO) or the Metro Manila unless the latter is engaged in the lending business.
Development Authority (MMDA) or the city or municipal i) Commit any act or omission that constitutes a crime punishable
government; under the Revised Penal Code or special laws where the
 duration of the imposable penalty is imprisonment of one (1) g) Fail to quell a disturbance or to protect a person from death or
month and one (1) day to six (6) months. injury when able to do so;
4) Less Grave Dishonesty – Involves circumstances wherein the
dishonest act caused damage and prejudice to the government that h) Fail to help a brother peace offer in apprehending or arresting a
is not so serious as to qualify under Grave Dishonesty, and wherein violator who resists, or in subduing one assaulting the arresting
the respondent did not take advantage of his or her position in officer, or in disarming an armed violator or in coming to the succor
committing the dishonest act. of another officer who is wounded, injured or outnumbered;

i) Fail to appear and testify, without justifiable excuse, in court,

C. GRAVE OFFENSES prosecutor’s office, the PNP disciplinary authorities, appellate
bodies, the LAS or any other quasi-judicial body when duly notified
1) Grave Neglect of Duty – Shall include but not limited to the
or subpoenaed as witness. If his non-appearance resulted in the
following:
dismissal of the case or the acquittal of the accused; or when he is
a) Fail or refuse to take command in an emergency in order to carry the principal witness or the arresting officer, the penalty of
out police duty, being the officer present with the highest rank, dismissal from the service shall be imposed;
grade, or position;
j) Absent oneself from office without having field the necessary
b) Fail to prevent or suppress the criminal act of a subordinate being application for leaved or secured approval of the authorized official
committed in his presence or fail to report the same Chief of Police for a period of more than fifteen (15) days prior to the employment
within twenty-four hours (24) after discovery; of the leave.

c) Fail to apprehend and/or arrest a person under circumstances 2) Grave Irregularity in the Performance of Duty – Shall include but not be
where it is duty and to do so; limited to the following:

d) Fail to return personal effects of released prisoners or other a) Act as bodyguard or security guard for any public official or
property used in evidence the release of which is ordered by candidate for any elective public office or position or any other
component authority or court; person within three (3) months immediately preceding any election
within one (1) month thereafter, without authority from the
e) Fail to perform his assigned mission or fail to participate in an Commission on Election;
operation for the security of the President, or the high ranking
officials of the Philippines or foreign heads of state; b) Act as bodyguard or security guard for the person or property of
any public official, or private person unless approved by the proper
f) Fail to administer first aid when able and/or convey to the authorities;
hospitals, victims of traffic accidents, persons shot or stabbed,
persons electrocuted, and others who are dying and in need of
urgent medical or surgical attention;
 c) Reveal secret or confidential police matters and information c) Join a strike or refuse to report a duty in order to secure charges
which jeopardize police mission and operations, or which cause in terms and conditions of his employment, or to oust the Chief of
injury or damage to citizens; Police or any other officer from office;

d) Unauthorized establishment of checkpoints in any public d) Contract loans of money or other property from persons with
thorough fare for the purpose of stopping or searching vehicles or whom the PNP office has business relations;
persons or if authorized does not comply with the Rules set by the
PNP; e) Solicit or accept directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value which in the
e) Unauthorized escorting of any vehicle carrying highly dutiable or course of his official duties or in connection with any operation
taxable goods, merchandise, appliances or machinery; being regulated by, or any transaction which may be affected by the
functions of his office. The property of impropriety of the foregoing
f) Failure to return over to the police station within reasonable shall be determined by its value, kinship, or relationship between
period any apprehended or arrested person; the giver and receiver and the motivation. A thing monetary value
g) Countermand any lawful order of the Mayor, Chief or Police, or is one which is evidently or materially excessive by its very nature;
his superior officer; f) Directly or indirectly have financial and material interest in any
h) Perform the duties and functions of customs or immigration transaction requiring the approval of his office. Financial and
authorities without proper deputation in accordance with law; material interest is defined as pecuniary or proprietary interest by
which a person will gain or lose something;
i) Escort or allow other members to escort detention prisoners
outside the jail in order to attend a funeral, visit a sick relative, g) Own control, manage or accept employment as officer,
solicit a bond without an order of the court or proper jurisdiction. employee, consultant, counsel, broker, agent, trustee, nominee in
any enterprise regulated, supervised or licensed by his office, unless
3) Grave Misconduct- Shall include but not limited to the following: expressly allowed by law;

a) Maltreat or abuse any prisoner or detained person under his h) Publicly consort with women or ill repute and/or scandalously
custody; cohabit with or maintain a wife other loan than his legitimate
spouse;
b) Receive for personal use for a free, gift or other valuable thing in
the course of official duties or in connection therewith when such i) Fail or refuse to surrender or deposit his service firearm, badge,
fee, gift or other valuables thing is given by any person in the hope identification card and police vehicle, if any, to his superior officer
or expectation or receiving a favor or better treatment than that upon demand during the period of suspension;
accorded to other persons, or committing acts punishable under
the anti-graft laws; j) Willful failure to pay just debts or obligation due to government;
 k) Appropriate for his allow another person the beneficial use of any employment; (f) The dishonest act was committed several times or in
stolen property that is recovered, found or abandoned; various occasions; or (g) The dishonest act involves a NAPOLCOM
examination irregularity or fake NAPOLCOM eligibility such as
l) Solicit money, valuable or favor for the amicable settlement of impersonation, cheating and the like.
cases under investigation;
5) Conduct unbecoming of a Police Officer as defined in Section 1 (item 5)
m) Engage directly or indirectly in partisan political activities or take
of rule 21.
part in any election except to vote;
6) Incompetence as defined in Section 1 (Item 6) of Rule 21.
n) Deliberately or through gross negligence, destroy, damage or
lose government property entrusted to him for official use; 7) Oppression as defined in Section 1 (item 7) of rule 21.

o) Mutilate, deface or destroy any driver’s license, traffic citation 8) Disloyalty to the Government as defined in Section 1 (item8) of Rule 21.
ticket or temporary operator’s permit issued in lieu thereof;

p) Inflict physical injuries upon a suspect to force the latter to give

a confession; RULE 22

q) Act as mediator or fixer for the return of any stolen vehicle or PENALTIES
property whether held for ransom or not; Section 1. Imposable Penalties. – The following are the penalties that
r) Commit any act omission that constitutes a crime punishable may be imposed in police administrative cases:
under the revised Penal Code or special laws where the duration of a) Reprimand;
the imposable penalty is imprisonment of not lower than six (6)
months and one (1) day. b) Withholding or privileges;

4) Grave Dishonesty – Involves the presence of any one of the following c) Restriction to specified limits;
attendant circumstances (a) The dishonest act caused serious damage and
d) Restrictive custody;
grave prejudice to the government; (b) The respondent gravely abused his
authority in order to commit the dishonest act; (c) Where the respondent is e) Forfeiture of salary;
an accountable officer, the dishonest act directly involves property,
accountable forms or money for which he is directly accountable and the f) Suspension;
respondent shows an intent to commit material gain, graft and corruption;
g) Any combination pf penalties under Section 1,
(d) The dishonest act exhibits moral depravity on the part of the
subparagraphs (a) to (f), except € and (f) which are incompatible
respondent; (e) The respondent employed fraud or falsification of official
penalties;
documents in the commission of the dishonest act related to his or her
h) One (1) demotion; c) Withholding of privileges; restriction of specified limits;
restrictive custody; suspension or forfeiture of salary; or any
i) Dismissal from the service combination thereof from fifty-nine (59) days (maximum);
Section 2. Range of Penalties. – That penalties for light, less grave For Grave Offenses:
and grave offenses shall be made in accordance with the following
ranges: a) Sixty (60) days to six (6) months suspension (minimum);

For Light offenses; b) One (1) rank demotion (medium);

a) Reprimand for the first offense c) dismissal from the service (maximum);

b) Withholding of privileges; restriction to specified limits; Section 3. Limitation in the imposition of penalties. – In case
restrictive custody; suspension or forfeiture of salary; or any of forfeiture of salary the amount shall not exceed the equivalent
combination thereof from one (1) day to ten (10) days (minimum); of one (1) month salary.

c) Withholding of privileges; restriction to specified limits; The penalty of “withholding of privileges” shall be confined to
restrictive custody; suspension or forfeiture of salary; or any deferment of vacation leave privileges, participation in training
combination thereof from eleven (11) days to twenty (20) days grants or programs and such other similar privileges, normally
(medium); enjoyed by civil service employees.

d) Withholding of privileges; restriction of specified limits; Section 4. Mitigating and Aggravating Circumstances. – In the
restrictive custody; suspension or forfeiture of salary; or any determination of penalties to be imposed, the following
combination thereof from twenty-one (21) days to thirty (30) days circumstances shall be considered:
(maximum);
a) awards and commendations;
For Less Grave Offenses:
b) employment of fraudulent means to commit or conceal the
a) Withholding of privileges; restriction to specified limits; offense;
restrictive custody; suspension or forfeiture of salary; or any
combination thereof from thirty-one (31) day to forty (40) days c) first offense;
(minimum); d) good faith;
b) Withholding of privileges; restriction to specified limits; e) illness;
restrictive custody; suspension or forfeiture of salary; or any
combination thereof from forty-one (41) days to fifty (50) days f) intoxication;
(medium);
g) length of service in the government;
h) offense is committed during office hours; c) The medium period of the penalty shall be imposed where no
mitigating and aggravating circumstances are present.
i) offense is committed in consideration of a price or reward;
d) The maximum period of the penalty shall be imposed where only
j) offense is committed in cooperation with two (2) or more aggravating and no mitigating circumstances are present.
persons;
e) Where aggravating and mitigating circumstances are present,
k) offense is committed within the premises of the government rule (b) shall be applied where there are more mitigating
office or building; circumstances present; rule (c) shall be applied where the
l) recidivist; circumstances equally off-set each other; rule (d) shall be applied
when there are more aggravating circumstances.
m) repeatedly charged;
f) If the respondent is found guilty of two (2) or more charges or
n) taking advantages of official position; counts, the penalty to be imposed should be that corresponding to
the most serious charge or count and the rest shall be considered
o) taking undue advantage of subordinate;
as aggravating circumstances.
p) use of government property in the commission of the offense;
g) in the appreciation of any mitigating circumstances in favor of
q) utilizing minor in the commission of the offense; the respondent the same must be invoked by him while any
aggravating circumstances shall be considered against him if the
r) when the victim is a minor, feeble minded or physically disabled; same is alleged or pleaded by the party concerned, otherwise, such
circumstances shall not be considered in the determination of the
s) analogous circumstances
penalty to be imposed.

Section 6. Administrative Disability Inherent in Certain penalties. –

Section 5. Guidelines in the Application of Penalties. – the following are the administrative disabilities inherent in certain
The imposition of the penalty shall be made in accordance with the penalties:
manner herein below provided:
a) The penalty of dismissal, which results in the separation of the
a) Like penalties shall be imposed for like offenses and only one respondent from the service, shall carry with it that of cancellation
penalty shall be imposed for each case. “Each case” means one of eligibility, forfeiture of retirement benefits, and the
administrative case which may involve one or more charges or disqualification for re- employment in the government service;
counts.
b) The penalty of demotion shall entail appointment to the next
b) The minimum period of the penalty shall be imposed where only lower rank regardless of mode of entry into the PNP, with the
mitigating and no aggravating circumstances are present.
 corresponding diminution of salary and disqualification for newly filed/received or raffled cases received, reinstated case, or case
promotion and withholding of privileges for the calendar year; transferred/ referred or re-raffled to other offices/ officers stating clearly
the reason for such transfer / referral or re-raffled to other offices/ officers
c) The penalty of suspension, which consists in the temporary stating clearly the reason for such transfer / referral or re-raffle; and (c) List
separation or cessation of work of the respondent for the duration
of cases with suspended proceedings stating the reason for its suspension.
of the sanction, shall carry with it that of disqualification for
promotion and withholding of privileges corresponding to the Section 4. Effect of a Pending Case. – Pendency of an administrative
period of suspension; case before any of the administrative Disciplinary Authorities, IAS or the
Appellate Bodies shall not be a bar to promotion nor a disqualification to
d) The penalty of forfeiture of salary, which consists of an amount
undergo mandatory training.
not exceeding one (1) month salary, shall carry with it that of
disqualification for promotion corresponding to the period of the Section 5. Issuance of Clearance/Certification. – Any Disciplinary
penalty imposed. Authority, IAS or Appellate Body or its authorized official upon written
request and payment of the legal fee shall issue a clearance or certification
RULE 23 indicating the pendency or non-pendency of an administrative case against
MISCELLANEOUS PROVISONS any PNP member. The request shall contain the name of the requesting
party, name of the police officer subject to verification and the purpose of
Section 1. Authority to Administer Oath. – In addition to the officials the request.
who, under existing laws are authorized to administer oaths, officers
designated to conduct pre-charge investigation and summary hearing Section 6. Appearance and Submission of Pleading by Lawyers. - The
officers of the Commission, PNP, IAS, the Chairmen and members of the Disciplinary Authority or IAS shall require all the practicing lawyers to
PLEB and Regional Appellate Boards have the authority to administer oaths indicate in the pleadings filed before it, the number and date of issue of
on matters connected with the performance of their duties. their Mandatory Continuing Legal Education (MCLE) Certificate of
Compliance or Exemption as may be applicable pursuant to Bar Matter No.
Section 2. Authority to Issues Subpoena Ad Testificandum and 1922, approved by the Supreme Court En Banc in its Resolution dated June
Subpoena Duces Tecum. - The disciplinary authorities, IAS and their 3, 2007. Failure to disclose the required information would case the denial
Summary Hearing Offices shall have the authority to issue subpoena and of further appearance and admission of the pleading of the concerned
testificandum and subpoena duces tecum, only in relation to the lawyer. All government lawyer appearing before any Disciplinary Authority
investigation of the administrative cases to them. or IAS shall be required to present their authority to practice for the
particular case for which they are entering their appearance, otherwise,
Section 3. Monthly Report. – Within the first week of each month
such appearance and any pleading submitted for any of the parties shall not
all Disciplinary Authorities, IAS and the Appellate Bodies are required to
be allowed.
submit a report for the preceding month to the regional office of the
NAPOLCOM or the Commission en Banc, furnishing a copy thereof, their RULE 24
respective head office, indicating the following data/ information: (a) List of
 TRANSITORY PROVISIONS

Section 1. Repealing Clause. – Memorandum Circular Numbers 93-

024, 96-010, 98-014, 99-006, 99-014,2002-010,2002-013 and 2007-001 are
repealed. All other NAPOLCOM issuance or portions inconsistent with this
Memorandum Circular are hereby superseded or modified accordingly.

Section 2. Application to Pending Case. – These Rules shall apply to

pending administrative investigation/case with the different Disciplinary
Authority, Appellate Bodies and IAS in so far as practical, provided however,
that the offenses and penalties reclassified under these Rules shall have
retroactive effect insurance effect insofar as they are favorable to the
respondent.

Section 3. Penal clause. – Any public official or employee who

violates any of the provision in the Circular shall be dealt with accordingly.

Section 4. Severability Clause. – Any portion of this Memorandum

Circular inconsistent with the organic law or declared unconstitutional shall
not affect the validity of the other provisions.

Section 5. Effectivity Clause. – The 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.