| | Republic of the Philippines Department of the interior and Locat Gove NATIONAL POLICE COMMISSION Nakati, Metro Hani la Ament MEMORANDUM CIRCULAR WO 91-002. SUBJECT: «PROCEDURE IN THE INVESTIGATION AND DIGPUSITION OF ADMINISTRATIVE CONPLAINTS AGAINST NENRERE OF THE PHILIPPINE NATIONAL POLICE (PNP) PEFORE TS : PEOPLE'S Law ENFORCEMENT BOARD (PLEB) . | Pursuant to Section 43 (d) (4), of Republic Act Now I 6975, otherwise known as the "Department af the Interior and Local Government Act of 1970," the following Rules of I Procedure governing “the investigation and disposittan of administrative complaints filed against members of the Philippine National Fores (PNP) before the People’s Law, Enforcement Board (PLEB) are hereby adopted and promulgated: \ RUE i RUREOSE AND STORE Section 4. Purpnam.|- Te insure uniformity in the conduct of investigation and disposition of administrative complaints against FNP members befare the People’a Law Enforcement Boards (FLEDS),/ as organized under RA No. 6975 the following Rules of Procedure set forth and circumecribe the specific policies and rules to be observed in the conduct ef such investigation. | 1¢Sec. 2. Scope. | These rules and regulations delineate the organization, jurisdiction, powers, duties and | procedure to be observed by PLEBs in investigating and adjudicating cases against Imembers of the PNM. rs u © POLICE ADMINISTRATIVE DISCIPLINARY MACHINERY Section 1. Citizen's Complaint. ~ This pertains Lo any complaint initiated by a private citizen or his duly authorized representative an account of an injury, damage or disturbance susteined dug ta an irregular or illegal act committed by a member of the PNP. Sec, 2. Jurisdiction over Citizen's Complaint.- 4 moe of the PNP shali . be citizen's complaint againse any brought befor any of the following disciplinary authoritys Disciplinary @utharity [ | Chiefs of Police Withhording of privileges, : restriction to specified a Limits, suspension or forfei— ture of salary, or any combination thereot, for a : periad of net exceeding fifteen (15) days. 4Gity/Municipal Mayors People’s Law Enforcemen Boards (PLE) te 0 any offense cammitted by Breach of Internal Discipline. Withholding of privileges, + : restriction to specified + limits, suspension ar for~ 2 feiture of salary, or any combination thereof, fer a period from sixteen (16) days to thirty (30) days.. Withholding of privileges, restriction to specified Limits, suspension or for- fciture of salary, or any combination thereof, for + a period exceeding thirty (30) rank or service days, demotion in dismissal from the “This refers la member of the PNP involving and affecting order and discipline within the police organization. Sec. Jurisdiction over Breach of Internak Dincipline.- In dealing with offenses involving breach of internal discipline found | to have been committed by any regular member’ of their respective commands » the” duly . designated supervisors and equivalent officers of the PNP shall, after due notice disciplinary powers, ‘as fol) jand summary hearing, exercise Lows: 12Disciplinary Authority a. Chiefs of equivalent Police or supervisors b. Provincial directors of equivalent supervisors ©. Police directors or supervisors regional equivalen 13 Ad@inistrative Penalty Admonities or reprimand: restrictian to specified Limits; withholding of privileges; forfeiture of salary or suspensians or any of the combination of the fereqnings; Provided, That, in-all cases, the total period shall not days exceed fifteen (15 Admons tion or reprimands 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 shell oot thiety (30) days. Admon ition or reprimands restriction to specitied limits: withholding of privileges; suspension or forfeiture of salarys br any combination of the foregaing: Provided, That, in all cases, the total Period shall nat excesd Sixty (60), days. Dismissal fram the ‘service and demo~ tion an rank may alse be imposed.d. Chief of the PNP Admonition oF reprimands restriction to specified withholding af bo Limit: privileges; suspension or forfeiture of salary3 : or any combination b thereat for a period nat , exceeding one hundred eighty (489) days. Also, dismissal from the service and demation This refers to an act or 5S. Minor is Fann omission not involving moral turpitude, Hut affecting the I internal disciplive af the ig and shall anciude,. but not a. Simple misconduct ar negligence; limited to: b. Insubordinations c. Frequent absences ar tardiness; ds Habitual drunkenness; and e. Gambling prohibited py law. 6 Exclusive Jurisdiction. A complaint er a charge filed against a PNP member shalt be heard and decided exclusively by the disciplinary awtherity 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 reterred 14to a disciptinary authority) shall be referred to the appropriate. authority. which) has jurisdiction over the offense. | [ Sec. 7. Summary Dismienal @uthority. - The Chief | : of the PNP and regional directors, after due eatice and summary hearings, may imed{ately rumove or dismiss any respondent PNP member in any of the following cases: a When the charge is|serious and the evidence of Quilt is strongs ©. When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he ip guilty of the charges; and When: the respondent is guilty of conduct unbecoming of a police officer. pine t11 GREANIZATLON. JURKSDICTION COMPOSITION. TERM OF OFFICE, AND QUORUM OF PLEB ' Section 1. Qraanization: ~ Within thirty (50) days from the issuance of this implementing Rules and Regulations by the Commission, there shall| be created by the Sangguniang 15Panglunsod/tayan in every city and municipality such number of People’s Law Enforcement] toards (PLERS) as may be necessary: Provided, hat there shall be at least one (1) PLEB for every municipality and for each ef the legislative districts ina city. There shall be at least one (1) PLEB | legislative districhs the Sangguniang Panglunsed concerned shall organize at Inast one (1) FLEB for each district. Se + durisdiction. - Une FLEQ shall have Jurisdiction to hear end decide citizens’ complaints for offenses committed by afficers and members of the PNP, where the offense is punishable ¥ withholding of privileges, restriction to specified 1mits, suspension or forfeiture of salary, OF any combination thermof, for a period exceeding thirty (30) days, or by demotion in rank or dismissal fram the service. | Should the penalty of suspension which automatically carries forfeiture of Salary and allowances be imposed by the PLEB on a respondent member of the PNP, the period shall not | exceed three (3) months; and in case of forfeiture of salary, 168 . | the amount shall pot exceed F we equivalent of one (1) month pay. | ALL police officers appointed by the President shall enjoy their status as presidential appointees and may. be suspended or removed only fer cause and by order of the President. The PLEB concerned shall investigate adminictra- tive cases involving such officers in accordance with the Procedure prescribed under the Rules; Provided, however, That the Report of Investigation shall be submitted te the President thru NAPOLDOM for appropriate adjudication. Venue. - Citizen's complaints against Prring members of the PNF shall be filed with the FLEB of, the where respondent city/municipality, of Legislative distrs assigned at the provincial, regional or natuonal headquarters, uch complaint bhatt be Tasged with the PLEB of the city/municipality where) said headquarters is located, Provided, however, That the ecutive mmission through its I Officer may, in the interest of justice, and upon praper petition filed, authorize “a change or transfer the venue of investigation. | | 17Sec. 4. Composition. The PLEB .shall be composed of the following: Any aember of the Sangguniang Pangiunsod/Bayan chosen by his respective sanggunians b. Any barangay captazn of the city oF municipality concerned chosen by the Association ef Barangay Captains; and ©. Three (5) other members who shall be chosen by the Peace and Order Council from among the respected aembers of the, col munity kewn for their probity t and integrity, one (1) of whom aust be a member of the Har or, in the absence thereof, a college or the. principal of the central in the locality; Provided, graduas elementary — school however, That the Chairman of the National Peace and Order Couneda) (NFO » by himself or through authorized \ representatives; shail clasely oversee the ‘OCS /MPOCS in the selection and screening of PLER members representing the community and, where warranted, may direct the replacement of said PLEB members by persons in the, locality who meet the statutory ialitiedtion on probity and integrity. 18“pa The chairman of the PLE shall be elected from among its members. | Sec. 5S. Gath of Office. -. tefore assuming the duties of their office, the chairman and members of the PLEB administering officer, which shall be filed with the office of the National Felice mpfonton in the region where the a new oath of offi "Te. - Lous do solemnly swear (atiirm) that . TFalthfulty and consci- PLER is situated. ny “I in membership will necessitate entiowsly discharge fy duties as chazeman (or senber) of the People’ Law Enfarenment Board Ln the city/munscipality pf _ _ that 1 will perform the di posed upon we ip accordance with the pertinent provisions of law and regulations promulgated pursuant theretos - that having in view the best interest of the Police service, I willl administer justice without partiality. favor or affection: that Iwill keep the deliheration of [the Hoard with strictest secrecy and confidence, and that 1 impose this S&figation upon myself voluntarily, without mental reservation or purpose of evasion. SO HELP. ME 60D." | ec. 6, Term of Office. - The term of office of the members of the PLEE still be Y a periad of two (2) years from assumption of office. Such member shall hold office until bis successor shall have been chosen. and qualified.Sec. 7. Compensation. |~ Membership in the PLEB. is a civie duty. However, FLEB/members may be paid per diem as may be determined by the ap or municipal council from the city or municipal funds. | | . orum. ~ The presence of the majority of Bec. Be all the FLEB members shall gonstitute a quorum, The Board shall determine, by a majority vate of all its members and its Chairman, whether or not | the respondent officer or member of the PNP is guilty of the /charye upon which the complaint is based. L€ for any reason, the chairman is unable to attend a pating therein, the meeting or is disqualified free partic members shall elect. a temporary chairman to perform the dution appurtenant to the position. . Any member of the FLEB who is related to the Complainant or respondent by affinity ur consanguinity within the fourth civil degree) shell be disqualified — from participating in the proceeding and the case shall be tried by the remaining members provided that there is sufficient number to constitute a quorum./ In the event that the PLEB could not proceed with the investigation for lack of, quorum, the exisking Peace add Order |Council of the munteipality/eityconcerned shall appoint temparary member/s ta try and decide the specific case only. of | Proceeding. - Investigation T Renducted by the PLE shall be summary in nature and without Sec. 7 Nature strict regard to the technical rules of evidence, but, in accord with the rudiments and taquirements of due process, before PLEB. ~ The Sec. 10. Eiling of | Complain: PLEB shall receive complaints referred to, or filed with it, by any citizen or resident| of the Philippines personally aggrieved by an offense committed by ay PNP member, ar by the former’s authorized representative . A citizen's complaint filed directly with the Natignal Police Commission or of any agency of the yovernaenrt shaft be transmitted immediately by t the head of the agency conterned to the proper PLER, copy furnishet! the superior of the recponident. . have ih. Pow and Duties. ~The the power to investigate anf adjudicate . all administrative charges formally filed with, or ‘referred ta it, against any member of the PN, and bo impose the corresponding penalty. For this purpose, the PLEB, acting through its chairman is empowered to administer oaths, stmmon witnesses, and wants, records, books, ete, require the produgtion of 4} under a Mbpnena duces tsecme a4RULE IV PROCEDURE, Section t. Gomptaint. - ali proceedings must be t commenced, by a complaint in writing, and under oath, by the aggrieved party or his duly| authorised representative or responsible therefor. | Said complaint shall be Cited in at least three (3), nee the resprndent is asnighed. Sec. 2. Formal Rmauitesents of a Complaint. ~ The complaint shall be drawn in clear, simple, brief and concise language and must contain the name of the respondent, his rank and address, the designation of the offense complained of, the place, date aid time| of commission ef the offense, and a brief statement of relevant and mater fact Sec. 3. Notification-|~ Within five (9) days from the filing of the complaiht, the PLER shall cause the issuance of summons, together with a copy of the complaint, upon the'respondent, requiring the latter to file his answer fin five (8) days from, receipt and/or responsive pleading wi thereof. 2214 . AL Anwar. = [he answer shall bein writing and am contain material facts, which may either be in ons in the specific denial or affirmation of the attegat complaint and shall be a¢companied by documentary or other en Tk evidence, it thare Ge any; in support of the defen shall also contain a list o witnesses and their individual addresses. Failure to fate an enower shall be considered as a denial of the averments of the complaints. Th shalt be fited, in|at least three (5) copies, either personally or by registered) mail, The answer is deemed filed on the date and hour of receipt stamped by the post office on the envelope, if filed by fegistered marl, said envelope to be kept and made an integral part of the records of the case. + Hearing Proper. ~ The PLEB shall proceed with the hearing proper of the|case withia ten (10) days from receipt of the answer. When the respondent) in his answer pleads guilty FLER shall OF admits responsibility t) ‘the’ charge, th nevertheless proceed with the hearing in order to determine ee of responsibility of the respondent and the the deg: appropriate penalty to be imposed. 23The parties and their witness: | ef the scheduled hearing at Ipes shall be duly notified t three (5) days before the date thereof, spncifying the date, time, and place of hearing Sec. 6. Eprtatication of Readineus. - At the start of the hearing, the Chairman jot the PLEB shalt ask for the appearance of the parties and jngiiire ii they are ready to proceei! with the presentation jaf their evidence. Where the parties are represented by their renpective counsets, the latter shall be made te siva and/or file a certificate of readiness to proceed with he hearing. In said certification, the dates ot nperioa (from the commencement up to the termination of the inyestigation) agreesble to beth counsels, but within the ef prescribed by these rules, shall be clearly indicated avoid delay in the Proceedings brought abint by motions for postponements due ta conflict of schedule with other case handled by counsels. Gn the scheduled ‘dates of hy aring agreed upon and signed by the couns) 8, the PLEB shall proceed with the hearing as scheduled in spite of absence of one or both counsels. The certification ties and binds, both varties and nce of either party their counsels to the agreement, and ab B4or his Gounsel shall not be porsidera a justifiable cause for postponing the case, except for highly meritorious grounds. i Sec. + Proceedings in the Absence of Couwnnel. ~ of one, if he so desires. this right may, however, be walved by the Foapondent expressly off tapliedty. finding body to propound questions, interrogate witnesses and amine material and |relevant evidence which - are necessary in the determination of the issues and in arriving at a just and fair cpretusion. Sec. 8, Gubwisason of Jestimonss Form. ~ as far as practicable, dire )__in Affidavit amination of witnesses shall be dispensed with in the investigation wothereat, the PLEB shall conducted by the PLEB. In es to submit ‘require each party ane} bis witnes their testimanies in.af idavit form duly sworn to, subject tothe right af cros amination by fhe ather party or by the fembers of the PLEE. crost examination shabl be canfined only to material and /relevant matters. — Frolonged argumentation ant! other djtatery tacties shatl not be entertained. Bhould 96 be Sec. 9. Preventive | Suspens: eatablished by convincing evidence at any time during the [ investigation of the administrative case, that respondent is. exerting efforts to harass, intimidate,cperse, or unduly the placement of the respondent der suspension in order te maintain the intearity and objectivity of the investigatian. + 10, Effect of Failure or Refusal of Complainant and/or his witnesses to aprpar and prosecute the case during the investigation, despite que notice, as refiected in the Proof of Service of administrative processes, shall he a sufficient ground to drop) the complaint, peavided, that the |action is in personam where the culpability of the respondent cannok be established or proves without the testimony of the complainant. Prior to such adtien, however, the Board shall exert efforts to locate oe and witnesses and verify the reason(s) for their failwje or refusal to testify and to pursue the complaint. respondent could he ser testimony of the complainant, sen-appearance of the latter shall not be a ground to terminate the proceedings. As far as practicable, the Board concerted shail endeavor to pursue the investigation by securing the attendance of other vitat Witnesses. to avoid miscarriage of justice cee. 1, Effect of ~ Death of — the respondent during — the oe of the investigation terminates the administrative case, and bas the effect of exoneration, Sec. 13 Petvonement. - Fostponement of investigation shall be discolraged and shal) be allowed only | in meritorious cases, such as illness of a party or his counse} and/o other simian unavoidable causes. A request for postponement on the eran of illness ‘should be supported by a duly sworn medical bertyficate. 271p - Regardless af the oroungs invoked, ant mare than two (2) postponements of investigation shall be granted by reason | | of 4 availabitty or ivinesh’ of any party, counsel or witness. In such a case, the third: scheduled hearing. shabl be conejdered intransferable jin chardeter and the, projected investigation Uberenn shall procerd with ar without the presence of the person’ | concerned. Stengaraphic__fiecors of Proceedings: ~ the chairman and onmbers of the PLEB, parties and counsel, during an investigation shall be taken in shorthand or stenotype, if and sterographers employed there is a stenographer. Clerk to Lake down sworn testimony gurine the hearing shall, before entering upon the discharge df their duties, be required to take an wath that they shall well end truty report and certify i thermatter: then ta be submitted bo’ them in their respective capacities: and wah heap the deliberation of | the A transe ipt of the records made by (the official otypisk, and certified as corre skenographer or st 4 by weect statement of such him shall be a prima ‘fac metimony and’ proceedings. [ 28Sec. 14, Where Services of _Stenographer not i . @vailable. - Where the services of 4 stenographer cannot be availed of, a typewritten substantial account of — the proceedings duly certified ag correct by the chairman of the PLEB, shall suffice. Sec. 48. Sgleenity of _Preceedingn- — ~ The jovestigation shall te condycted with solemity and proper decorum and the ‘chairman ahd sembues of the PLE shalt comport themselves wilh impartiality atid dignity befitting their position ~ that of discoverer and gatherer of fants. They should always bear in mind that their main duty is te Uetermine the facts of the dase as presented by the parties during the Investigation, s#éictously evaluate the evidence adduced, and thereafter, monse the appropriate penalty based on the submitted evidence ec. 16. Nature and Contents of Ducision. ~ Decision, S, in the written finding by the PLEB as used in these rut that the respondent is qilty or not guilty of the offense charged, and, the imposition of the appropriate penalty in case of conviction. 1% ghall contain the charge, name of respondent, his rank, his office, er police unit, “a brief statement of the material/and relevant facts, findings,. oa I offense comm.ttad dnd the penatty imposmd, af tonnd guilty. The Decision shall be Kighed by alt the members wha participated in the proceeding) stating clearly who voted tor or against the sam. | . Sec. 17, Beats _-Rendition of Decision. - & days from the time the case has been filed with the FLED. ch case shall, be deciced within sixty (60) | Sec. 19. Einality ef Decimien. - The decision of the PLEB becomes final after ten (10) cays from receipt thereof by the parties or after the lapse of the reglementary. period for perfecting a Petition for Renansidaration/Appeal and no petition /anpeal is filed. If a Petition for Reconsideration is filed within the preseribed perind, khe decision becomes final and executory arly upon receipt of the resolution of the Beard on said Petition. Where the decision of the Board invelves the. penalty of dismissal fram the service, the samo shall be © immediately executory, and should be Lmplemented upon receipt of the decision by the respondent). The filing of a Petition for Reconsideration or Appeal, aa the case may bey within the reglementary period of ten (19) days shall not suspend’ the implementation thereof.gusisieration. ~ Either «party may file a geonsiderakion fram a decision rendered by the Board within] ten (40) days from receipt of a cepy of the decision based. of the following grounds: . a. New evidence has been discovered which materially affects the decisipn rendercds or be & ars of law or iyrequiarities have been comnilted pres Substantial ris te and interests dicial to the! oF movant. Omly one (1) motion, for reconsideration shall be allowed and considered by .the Doard Bee. 20. @npeal. - Ip cases where the decision of the PLEB imposes a penalty of demation in rank or dismissal from the service, respondent may | file an appeal with the Regional Appellate Hoard concerned Within ten (10) days trom receipt of a copy of the decision. | Sec. 21. Service of Mecisinn. ~ Copies of the * decisions, orders and resolutions izsued by the Board shall cned for service to be referred to the Station Gommander cor the parties. 34fee. - Ber Appeal Filed. The Regional Appeiiake Hoard chgll, within a period of sixty (40) days from receipt of the nabice of appeal, decide the appeal. Decide Appeal. Board Lo decide the appeal Effect Failure of the Regional appeal WiLnIn (he reatementary period shall render the decision final and executory without |preiudice, however. to the filing of an appeal by either party with the Secretary of the Department of the Interier And Local Governient. Socket Nooks by PLE. - The PLET: shard nap a Packet Book for administrat © complaints, in bach all complaints ahpti be property entered and given their corregnonding number $n the order af their receipt. The Docket Hoot shall contain @ recerd of the number and title of the case, rank and feme| of the respondent, place — of assignment, date the respondent received copy of the complaint, date the answer|of respundent is received, date subpoena of subpoena duces Lecum is issued.date investigakion » decision is promulgated, thereon is herminntedy ° indicating whether responfent is exonerated, or, if found auilly, the penalty imposed] and date the decision was served 322 on the: respondent; | date when motion for reconsideration/appral was filed, 41 any,and its status. DUTIES OF f__Napgicoe Hearing Officers. Pending the constitution of the PLEB, the present Napalcom Section 1. Duties, Hearing Offi ity, continue the rs shalt, in|holdov = caps investigation of all police|administrative cases. Ser. Effect of Constitution and Organization of PLEB. ~ Upon the organization of the mendated city/municipal concerned — shall PLEH, the Napolcom Hearing offic ediately cease functioniqy, and turn aver to sais PLEM atl the police administretave cases pending in his office, except those where the investigation had already been completed. Thoreatters the fungtions ef the Mapotcom Hearing Officers shalt be confined {a the followings e. 18 assist in the orientation and training of FLER members in the conduct of administrative investigation: 33the PLEBS in hearing be Yo act as legal enpsullants of and deciding adiyinistrative casos against — PNP member ss Within their resjective juriadictions, and aubmit monthly report thereon to the Napotcom regional director concerneds We 1a investigate laine for benefits arising from service-connected| death, | fermanent total disability and [temporary disatility, 8. To perform auch pther eelated functions as may be directed by the Chairman of the Commission. RULE vi . nustRar PENSE Seelion 1. Offense the following are he offenses for which ber of the ENE may be charged dministrativelys A. Neglect of duty he Trregularity in the Performance of Duty es Misconduct S. Incampe tency+26 - Oppression f. Dishonesty Distayalty to the Bovernment Violation of Law and are defined as follows: a. Neglect of duty or Non-feasance ~ is the omission br refusal, without sufficient excuse, to perferm an act or duty, which it was the peace officer's tegal obligation to and the fact perform; it implins a duty as well as its brea can never be found in the absence of a duty. b. Irregularities in the Performance ef Duty ~ is the ome act which might lawfully be done. ! improper performance of Misconduct or Malfeasance - is the doing, either through Agnorance, inattention or malice, ef that which the Officer had no legal right to do et all, as where he acts without any authority mapcover, or exceeds, ignores oF abuses his powers. | “Misconduct generally means wrongful, improper or unlawful conduct, motivated by premeditated, obstinate or + It usually refers to transgression: of intentional -purpos: some established and definite rue of action, where no 35discretion is left except what|necessity may demands it does wily imply roruption or criminal intentson but nok neces! iaplies wrongful intention and|nat mere errar ef judament. U. Incempetency © is {he manifest lack of adequate ability ant Citness for the! satistactory performance .of Police duties. This has referenc® ta any physical, moral or Jnkellectual quality the lack of which substantially Sneapacitates one te perform the duties of a peace of fiver, Oppression — importy an act of cruelty, severity, unlawiel exaclinn, domination, lor excessive use of authority. The exercise of the unlawful) powres or ef or means, in depriving an individual of his liberty or praperty against his Will, is generally an ant df appression. | troth in matler ef fact relevant to one’s office, ar f. . Dishonesty ~ is Ehe jconcralment or distortion of connected with the performance pf his cities. abandonment or renunciation |a@f one's Leyalty to the us Disleyalty to the Government consists of | Government of the Philippines, or advecating the overthrow of the government. Nh. Violation of Law ~ presuppe conviction in court of any crime or offense penalized under the Revised Penal Rode or any special law or ordinance.Sec. 2. Classification of Uffenses. ~ For the purpose ef the application of penalties, administrative offenses are classified into Light, Jess grave and grave. A. the following’ are LIGHT OFFENSES: SIMPLE NEGLEC + This as incurred by ‘any member of the Philippine directly under his co \ attendance, prescribe ' 1 maintenance! or submissian of reper! heir dities and observance af good disciplines fail to take correct advise, admonition or or to report such eon committing or has alr equipment, National Police who shall: fail ta supervise, iaspect and control subordinates rmmand as te their punctuality, ad attire, proper use and preparation and jhe, efficiant of order, per formance espuosibilities, and the conduct, behavier and ive action by way of warning, [suggestion to a subordinate. npuct when such sebordinate is pady committed a dereliction, \ irrequiarity or vielation ef departmental robes arvl regulations: fail to order “pr pordinate ~ reparted the investigation of a him as absent without 37fail be | dissemin instructions | fail. to coordinate on forcament agencies absent oneself from necessary applicat the enioyment of thereat hors foil or refuse to when properly requed fail to report for ¢ badge, identiticat other required equig to wear the prescr erigeney of the sary fail to keep an complainants lawful justification fail fo subelt @ ur of Cicer nediatel ae efter accidental f circumstances would informer any order, directive or or cooperake with other law and their personne without having filed. the of fic on for leave, either prior ke the leave or immediately his name and badge wumber eds prescribed uniform with ey a lon card, service - firearm and inant, except thase not required of. the hed unifarm by reason He official appeintment with a or crims witnesses’ without tien report to his commanding or within a reasonable time ring of his firearm, time and permitswm ae | fail to take custndy af government issued property from a member under bis command wha is separated, retired pr dead: uuspended, {nil to respond jto or expedite action without ficient juetitication on a complaint brought te the attention of) khe department in persan, by Jelephons. or by Leathers Tail to conduct wifhsn a reasonatle perind, propers thorough and complete investigation when’ assigned fail fa thoroughty search for, epliect, preserve and iventify evidence in any arrest or investigation carducted by fim: : Tait to take preper custody, recard. tag, and identity praparty lentrust to fim as evidences be delayed uniegessarily in attending te er in PLE, HAD, and NOB or any other quasi-judicial bady white not us. except those duly in_prnper in_prape exempted teria | | 39re fail ty repart to | his commanding ar superior officer his inability or incapacity to repart fer duty, attend a conference, general inspection, or participate in an operations fait 9 inform nis|superior as to the rasulk’ of artion taken an a call or dispateh: b. faik ta repeet tel his command or superior officer a harardpas condition ef dangerous situations w to prepare and jsubsit properly written reports within the preseribed period of tin if required by standing requiaUlons: and vs F941 be perform any) ather act anategous to the for eyoiug. SIMPLE IRREGULARITY IN THE PERFORMANCE OF DUTY. ~ This is ine weed by any, member of the Philippine National | pe oder or smell of algohol on Police who shatls a. be found te have th his breath while 9n duty, or possess: alcoholic beverages on nis /person, police vehicle, post or nf fic 40drive a marked police vehicle while not in prescribed uniform,| except those whe are oot required to do so by reason of the exigency of the servicer c. use Siren and/or red blinker light while “net responding to an emergency or not in hot pursuit of a fleeing criminal or law violator d. malinger, loaf or consort with othes while on duty or arrange with another member ta take his) place during his tour of apy. withoul prior approval af his superiors | | allow unauthorized members of the police force to drive marked or unmarked police vehicles interfere or obstruct the work ef other as change the assignment or tour ef duty of suhordinates not belonging te his command; and commit any other act analogous to the foregogng- i BLIGHT _OR_SIWPLE MESCONpUCT. - This offense "is of the Philippine National incurred by any member! Police who shall: i L fail to salute orfapsars, dignitaries, superior officers and other officials entitled thereto or 4hbe he the national colors| during the pkaying of the national anthem; fight, threaten or quarre) with any member of | the police forte; provided, that when the member being challenged or threatened is one ef higher rank, the charge shall be that of Grave Misconduct: read newspapers, ‘bopks or periodicals while” in uni form add an street) dut be untidy or couth ip his personal appearance and behave in an ungentlemanly or undigriitied manner tail to recognize and satisfy any just debts engage in any renumerative or gainful occupation or activity during off duty hours without approval of proper authority; . solicit attorneys, Joondsmen or guarantors for arrested or confined [persons fail to be home gr to be at the place of confinement without legitimate reason after ‘haviag been raported sick oF injureds Use rude or insulting language or exhibit similar in conduct te the publics rucenes:uA G+ misiead or deceive his superiors, directly or indirer®ly, ip regard te absence an arceunt of sioknmas: i} fo report for record with the Complaint or Dest Officer a case prier to its mvastiaations 1, allow or olerate idlers, fixers and persons of quentionabte character ta stay ar loiter in his office, pom oF place of assignment any Legi Limate erason or purposes me fail Lo maintain cleantiness and orderliness in bis OF fice, premises, post or surcoundtings: ne sell tickets. ty a henefift show, beauty contest, bona pramokien, charity shaw ant the like unless authorized by proper atuthor itys O. use officiel forms, bettertwads, seals and stamps privately pr in violation of pentocol: provided, Eat when they are used for committing a fraud, the charge shail be Grave Miscoodnets and Pe ommik any other act ratogous to the foregoing. BD. Ihe folfewing are LESS GRAVE OFFENSES: LESS. GRAVE NEG! OE DUTY. = This is incurred by any member of the Phitippine National Police who shall: 43fas1 to execute Lowfat orders trom higher authority cr telerate any subordinate to ignare or ridicule any ordee, rite ar regutation: fait fe make inmetiiate correctinn or take Sprwapriake of tinn when a dereitebion, irreguiardty or vigistim of Taw or duty is being committed or fas been committed in his preseare by a subordinate nnder hie command, or fail to report the same to Ais Commanding officer within twenty=tour hours: dininistrative fost ta prepare dagetetinary ot Complaint or take such ather disciplinary action as nay he nmceimary against 9 aubordinate ander hin command oho hes commitiad a serio dereliction, violation a irrogutagatys : fat te comply with oany lantal order or instruction Of ® commanding of GceEr or the Chiet of Palsces Fa without juetiftabte reasons te appear and hestity im court or jn the prosecutor's office or befor’ Che PLER, GARLOr NAB when duly tified ar ppnenamss far) lo report imendiately to his commanding or puperion officer, af ta lie Chief of Police khe 44a. be injury. i}iness, death or escape of a prisoner who I | Ys under his custorly: | Fail to communicate to the Chie€ af Police, thraugh chamnets. any valuable infoemetion that wilt lead te the apprehension of a wanted person, oe furnish case, or for the clues for the solution of recovery of stolen propertys foil ty issue a traffic Citation ticket CF6T) er Temporary Operakar's Peemit (TOP) to an offending driver whose license be already contiscateds fail to turn in the used Traffic Citation Ticket or Temporary Uperater's Permit together with the confiseated driver's License ak the end of his tour of duty oe within twenty four hours, or fail er TOP sed to and ko acco for the TCT heed by hime foil to report as a peace efficer any ineident, condition er occurrence witnessed by or reported to bam obirh calls for immediate polices actions fail to properly patrol his beat, secter or post or to leave or abandon the sane without being properly relieved: fail ke take appropriake action 45concerning vice conditions in his beat and/or give written report of the same te his suneriers Le fait bo report to Ns commanding officer within 3 reasonable period, injury intiicted ny him tea person or anime. demage ar Foss of anverninent property white an or oft detys fort fo comply with the order af a cemrt of Competent jurisdic HSA fully wiedste af fice reaulalieans and/or refuse or negleck te comply with said provisions: 9. be unavailalte at dele given address for an Unreasonable length of time during 9 general jergency call, or for service to fim of court processes and subj. the PLB, RAR or MABE P. Sleep on his pest white perferming patrol er guard duty: and G. f8i1 Le perform any other act anaregous te the forquing. ~ LESS ___GRAVE PEREORMANCE. OF DUTLES. This IS ineurrest hy any member of the TRREGULORITJES IN THE PHILippine National Police wha chalte 46aR apply for and serve a search ar smizure warrant in Shy establishment’ or private hose as theuk €he Enowledae or cpproval of the chief of polices be use teatfin violation! papncts whieh are net duly Validated by the Land Trancpartatien Office er’ by fhe Bethy Hani ba aubheeinys use Cratfie vielalion regnrts duty x lidated by the Land Transportation Office QQID) bit are nat issued to him for bear tie enforgement works . O. use Lhe OFftetal inaigiie, markings and seal af the police force in any privately owned vehicle, Utkbot the authority of the chied of police 2. disregard or violate traffic rules and requlakions While driving © poisce velldete when net in” het pursuit and not responding bh an emergency callyand commit any ather ack analogous te the’ furegoing. S___ SISCONDUCT. This a member of the Chilippine National Felice who shalis red by any a. take advantage of bis position hy procuring goods and commoditiog No. n Administrakive Ga Board dated _ . for + nti tles cs ants Complainants) + Respondent 3)" Las in the manner moditying its decision dated |. Led opposite the respomipnt(s) names, hereunder s indi + PENALTY MODIFIED TO RANK & NAME, | | | i | atPage. 2 of Farm Respondent whose penalty ps mods tied trem Shall be ofderad to serve the same upon his receipt of the reselutian and a copy of Lis implementing lethercdirective. Service nf khe abovementioned papers and fssuance of orders for suspensten should be complied within five (5) days from your receiph herent, Thereafter, return fo ANis Board within three C3) flays, the rorrespunding Proof of Servier (MAPOLCOW Farm Ho. e duly accompbisthed . HE fs informed that ander) NAPOLCUM Memorancem Carcdlar No. 0 Lo dated A991] (Rule FIT, Section 19), only one Petition for Reconsideration shall be considered. Very kruly yours, Chairman Copy furnished: Le the Ohainman National Police Commission Makati, Metro Manila | PNP Provincial Director NP Finance Center, camp Crame, Guszon’ City 4. Complainant VOH/ appr a2Form fh ~ Letter of Implementation . (Resplution-Af firmation) | Repent te oF prone Sue & ETN The Chief of Patice Enetosed dated for Keipality) in the resolution of this the Philippines cE Board ministrative Case Now leds affirming its decision dated |. + 06 respondent(s? as hereunder indJedted opposite their names: RANK & NAME AFEIRMED DECISION 83Page 2 ef Form 1 Helein resolution affirming the decision of the Board dates upon receipt by respeadent should [he imptementerd immediately a-copy of Said resolution. Service Of the above mentioned papers ghouls be complied within five (5) days fram Board within hres ANAC CON Memoranda lincutar (Rute 11, shall be considered. (3) days the attached Prost of set hereot! Thereafter, return to thie RYoForm Ho. F) duty accomplished. Under Napotcom uated 1991, fretion LF) only ene Petition far Reconsiseration Very truty yours, Chasrman . Copy fu nashed: 1. The Chairman i National Police Commission Nekali, Mekeo Manila PP Provincial Directpr 3. PNP Finance Camp Crame, mmpla inant VeH/appe 84Form 9 > Proof of Service Republic of Bhe Phifippines Province of . PEOPLE'S Law & ENT FOARD City Municipality ces a | Adm, Cass No. omphainant, | > versus ~ For: ~~ 0 Ress prone PRooEF 1 hereby certify that People’s Law Enforcement Roa: above-entitied case was spondent(s) as hereunder ini of the becis this District/Sta ta the Deciston/Resolution of the dated - ce in the [served upon the camplainant/ Wicated Jon/Resuiation was received by ons,Proof ef Sencice Receipt of the DecistensReselulinn by Complainants Pospnndanit Ce PRINT NAHE & SIGN Be Met inn Taken TF anys AL Romavtes DATE & TIME RECEIVED Signatwe Print Rank & Name DesignationForm. io = Quarterly Repart Republic of] the Philippines Province of PENPLE'S Lab FORCEMENT BOARD QUARTER 19 + Number of administrative cases received a. Qases carried over from previous quarter ~ - | b. Gases received within th: squarter = = Humber of cases investigated ducing the quarter ~~ Number of cases pending investigation’ = = = = =~ Number of cases decided furing the quarter — ~~ ~ ae On the ‘ne 1. Penalized = = ee ee nae i. Withholding of privileges ~ =~ = => = ii. Restriction ta ‘specified limits ~~ - 2. Enoneratian