Republic of the Philippines
Department of Interior and Local Government
NATIONAL POLICE COMMISSION
MEMORANDUM CIRCULAR NO. 2002-010
REVISED RULES OF PROCEDURE IN THE HEARING AND ADJUDICATION OF CITIZEN’S COMPLAINTS AGAINST UNIFORMED MEMBERS OF THE PHILIPPINE NATIONAL POLICE (PNP) BEFORE THE PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)
WHEREAS, Section 43 of Republic Act Numbered 6975 otherwise known as the “Department of the Interior and Local Government Act of 1990″ provided for the creation of People’s Law Enforcement Boards in every city/municipality to conduct hearing and adjudication of citizen’s complaints against uniformed members of the Philippine National Police (PNP) for offenses committed in their area of jurisdiction;
WHEREAS, the Commission promulgated Memorandum Circular No. 91-002 establishing the procedure in the investigation and hearing of administrative complaints before the PLEB against uniformed members of the PNP;
WHEREAS, on March 6, 1998 Republic Act Numbered 8551 otherwise known as the “PNP Reform and Reorganization Act of 1998” took effect amending, among others, Section 43 of R.A. 6975 in order to further strengthen the PLEB;
WHEREAS, there is a need to revise the existing rules of procedure embodied in Memorandum Circular No. 91-002 in conformity with the amendments brought about by R.A. 8551.
NOW THEREFORE, the Commission HEREBY RESOLVED TO REVISE as it hereby REVISES the Rules of Procedure in the hearing and adjudication of citizen’s complaints before the PLEB against uniformed members of the PNP, to wit:
Section 1. Definition of Terms. – The relevant terms as used in these Rules shall be understood to mean as follows:
a) Administrative due process – the right of a party interested or affected to notice and hearing to enable him to present his side and submit evidence in support thereof. In essence, due process pertains to the opportunity of the party impleaded to be heard.
b) Affidavit – a written declaration or statement of facts, made voluntarily under oath or affirmation before an officer authorized to administer such oath or affirmation.
c) Answer – a responsive pleading containing the respondent’s negative and affirmative defenses.
d) Breach of Internal Discipline – any offense committed by a uniformed member of the PNP involving and affecting order and discipline within the police organization.
e) Citizen’s Complaint – a formal charge initiated by a natural or juridical person of his/its duly authorized representative or guardian on account of an injury, damage or disturbance sustained as a result of an irregular or illegal act or omission of a member of the PNP.
f) Civic Duty – an obligation or service pertaining to a citizen as member of the community.
g) Commission – refers to the National Police Commission.
h) Complaint – a written and sworn statement regarding a wrong, grievance or injury sustained by a person.
i) Complainant – one who has initiated a complaint or charge against another either as private individual or an officer who, by reason of his office or position, is required or authorized to institute or file an administrative complaint.
j) Decision – a written disposition of a case personally and directly prepared and signed by the members of the PLEB stating clearly the findings of facts and the law applicable thereto. It shall also include a finding of exoneration or culpability of the respondent with the corresponding penalty in case of the latter.
k) Error of law – a misapplication of law by the Board hearing the case.
l) Exoneration – the finding made by the PLEB that respondent is not culpable of the charge.
m) Findings of fact(s) – the determination by the PLEB of an issue of fact after an evaluation of the evidence submitted in the case.
n) Forum Shopping – the practice of filing several complaints arising from one and the same cause of action and involving the same parties with the different disciplinary authorities.
o) Habituality – is a circumstance where the offender has been previously punished for an administrative offense to which the law attaches an equal or greater penalty or for two or more administrative offenses to which it attaches a lighter penalty.
p) Jurisdiction – the authority vested by law to hear and decide a case.
q) Material Evidence – is that evidence which is relevant and goes to the substantial matter in dispute, or has a legitimate and effective influence or bearing on the decision in the case.
r) Newly Discovered Evidence – that evidence which could not have been discovered and produced during the hearing of the case despite due diligence, and if presented, would probably alter the decision.
s) Quorum – it refers to the number necessary to do business, which in this case, is the presence of the majority of the PLEB members.
t) Regional Appellate Board – an appellate body organized in different administrative regions of the country tasked to decide appeals on (1) decisions of the PLEB where the penalty imposed is demotion or forced resignation or dismissal from the service; (2) decisions of the PNP Regional Director where the penalty imposed is demotion or dismissal from the service; (3) decisions of city or municipal mayors in cases falling within their respective jurisdiction; and, (4) decisions of Napolcom Regional Directors with respect to claims for police benefits.
u) Reglementary Period – the period required by law to perform a specific act. In the computation of the period of time, the first day shall be excluded and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next day which is neither a Saturday, a Sunday or a legal holiday.
v) Relevant Evidence – having any value in reason as tending to prove any matter provable (sic) in an action. Evidence is relevant when it tends to prove or disprove the issue or issues outlined in the pleading of the parties.
w) Service – the execution of a writ or process.
x) Subpoena – a process directed to a person requiring him to attend and to testify at the hearing before the PLEB.
y) Subpoena Duces Tecum – a process that requires a person to bring with him any book, document, or thing under his control at the scheduled hearing before the PLEB.
z) Substantial Evidence – such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
aa) Summary Proceeding – an abbreviated administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent.
bb) Summons – a written order informing the respondent that he is charged of an offense and directing him to file his answer and other responsive pleadings.
Sec. 2. Nature of Proceedings. – The hearing is summary in nature and shall not be governed strictly by the technical rules of procedure. However, the proceedings must be consistent with the principles of administrative due process.
Sec. 3. Solemnity of Proceedings. – The hearing shall be conducted with solemnity. The chairman and members shall comport themselves with proper decorum, impartiality and dignity befitting their office. They shall always bear in mind that the PLEB’s duty is to determine the facts of the case as presented by the party litigants, judiciously evaluate the evidence adduced and, thereafter, arrive at a fair and just decision.
Sec. 4. Effect of the Criminal Case to Administrative Action – A criminal case is separate and distinct from the administrative case. Accordingly, an acquittal from or dismissal of the criminal case shall not affect the administrative case unless such acquittal or dismissal arose from a declaration by the Court that the accused did not commit the crime.
CREATION, FUNCTION, COMPOSITION, TERM OF OFFICE AND QUORUM
Section 1. Creation. – The Sangguniang Panlungsod/Bayan in every city and municipality shall create such number of People’s Law Enforcement Boards (PLEBs) as may be necessary: Provided, That there shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel and for each of the legislative districts in a city.
Sec. 2. Functions, Powers and Duties. – The PLEB shall have the power to hear and adjudicate all citizen’s complaints formally filed with, or referred to it, against any uniformed member of the PNP, and, if warranted, impose the corresponding penalty.
In the exercise of its functions, the PLEB, acting through its chairman, is empowered to administer oaths, summon witnesses, require the production of documents, records, books, or other things by a subpoena duces tecum and issue other processes as may be necessary.
Sec. 3. Composition. – The PLEB shall be composed of the following:
a) Any member of the Sangguniang Panlungsod/Bayan chosen by his/her respective sanggunian;
b) Any punong-barangay of the city or municipality concerned chosen by the Liga ng mga Barangay; and
c) Three (3) other members who are removable only for cause to be chosen by the local peace and order council from among the respected members of the community known for their probity and integrity, one (1) of whom must be a woman and another, a member of the Bar, or in the absence thereof, a college graduate, or, the principal of the central elementary school in the locality.
The Chairman of the PLEB shall be elected from among its members.
Membership in the PLEB constitutes a public office, as such a public official or employee is disqualified for appointment or designation as member thereof unless allowed by law or by the primary functions of his office.
Applying the provisions of Article 152 Chapter IV, Title III, Book II of the Revised Penal Code, the members of the PLEB are considered persons in authority.
Sec. 4. Executive Order Constituting the PLEB. – Upon enactment of a resolution by the Sangguniang Panlungsod/Bayan formally organizing the members of the PLEB, a copy thereof shall immediately be submitted to the City/Municipal Mayor who shall, within five (5) days from receipt thereof, issue the appropriate executive order adopting the resolution of the Sanggunian concerned.
Sec. 5. Oath of Office. – Before assuming the duties of their office, the chairman and members of the PLEB shall take the oath or affirmation before an administering officer, a copy of which shall be filed with the office of the National Police Commission in the region where the PLEB is situated. The oath shall read:
“I, _____________________________, do solemnly swear/affirm that I will faithfully and conscientiously discharge my duties as Chairman/Member of the People’s Law Enforcement Board in the City/Municipality of _____________________________________; that I will perform the duties imposed upon me in accordance with the pertinent provisions of law and the rules and regulations promulgated pursuant thereto; that having in view the best interest of the police service, I will administer justice without partiality, favor or affection; that I will keep the deliberations of the Board with strictest secrecy and confidence; and that I impose these obligations upon myself voluntarily, without mental reservation or purpose of evasion. SO HELP ME GOD.”
Sec. 6. 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. Such member shall hold office until his/her successor shall have been chosen and qualified.
The tenure of office of a PLEB member who has been designated as such by virtue of his election to the Sangguniang Panlungsod/Bayan or his membership with the Association of Barangay Captains ends upon the expiration of his term of office as Sangguniang Panlungsod/Bayan member or as Barangay Chairman. If reelected, and subsequently redesignated to the PLEB, he must take a new oath of office.
Sec. 7. Compensation. – Membership in the PLEB is a civic duty. However, PLEB members shall be paid per diem and shall be provided with life insurance coverage as may be determined by the sangguniang panlungsod/bayan from the city or municipal funds. The Department of the Interior and Local Government (DILG) shall provide for the per diem and insurance coverage of PLEB members in certain low-income municipalities.
Sec. 8. Budget Allocation. – The annual budget of the Local Government Units (LGUs) shall include an item and the corresponding appropriation for the maintenance and operation of their local PLEB(s).
Sec. 9. Quorum. – The presence of the majority of all the PLEB members shall constitute a quorum.
If for any reason, the chairman is unable to attend a meeting or is disqualified from participating therein, the members shall elect from themselves a temporary chairman to perform the duties appurtenant thereto.
When a PLEB member, after sufficient notice, fails or refuses to attend the hearings and/or deliberations thereof without any valid and justifiable reason and the Board could not proceed for lack of quorum, the Chairman or the designated presiding officer may request the Sangguniang Panlungsod/Bayan or the Liga ng mga Barangay or the City/Municipal Peace and Order Council concerned to designate a temporary representative therein in order to attain the required quorum; Provided That, such temporary representative shall act as such only for the specific case.
Sec. 10. Disqualification by Reason of Affinity or Consanguinity. – Any member of the PLEB who is related to the complainant or respondent by affinity or consanguinity within the fourth civil degree shall 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 hearing for lack of quorum, the Peace and Order Council, or the sangguniang panlungsod/bayan, or the Liga ng mga Barangay of the city/municipality concerned shall appoint temporary member/s to hear and decide the specific case only.
VENUE AND JURISDICTION OVER CITIZEN’S COMPLAINT
Section 1. Venue. – The PLEB shall be the central receiving entity for any citizen’s complaint against a uniformed member of the PNP. As such, every citizen’s complaint, regardless of the imposable penalty for the offense alleged, shall be filed with the PLEB of the city/municipality or legislative district where the offense was allegedly committed.
Upon receipt and docketing of the complaint, the PLEB shall immediately determine whether the offense alleged therein is grave, less grave or minor. If the PLEB finds that the offense alleged is minor, it shall refer the complaint to the Chief of Police or Mayor, as the case may be, of the city or municipality where the PNP member is assigned within three (3) days upon the filing thereof. Should the PLEB find that the offense alleged is grave or less grave, it shall take cognizance of the case and accordingly serve summons upon the respondent within three (3) days from receipt of the complaint.
If the city or municipality where the offense was committed has no PLEB, the citizen’s complaint shall be filed with the regional or provincial office of the Commission nearest the residence of the complainant.
Complaints involving breach of internal discipline as defined in Section 1(d) Rule 1 of these Rules shall be filed with the proper PNP disciplinary authority pursuant to Section 41(b) of R.A. No. 6975 as amended.
Sec. 2. Jurisdiction over Citizen’s Complaint. – The following shall have jurisdiction over citizen’s complaint:
a) Chiefs of Police, where the offense charged is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days.
b) Mayors of cities or municipalities, where the offense charged is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than sixteen (16) days but not exceeding thirty (30) days;
c) People’s Law Enforcement Board, where the offense charged is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding thirty (30) days; or dismissal, forced resignation or demotion of rank.
The jurisdiction of the PLEB to hear and decide citizen’s complaint pertains to complaints of private individuals against PNP men and not by PNP men against their co-members or officers in a professional capacity, except, when they filed such a complaint in their private capacity and not as members of the PNP.
Sec. 3. Principle of Exclusivity. – A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the disciplinary authority who first acquired original jurisdiction over the case, notwithstanding the existence of concurrent jurisdiction as regards the offense: Provided, That offenses which carry higher penalties referred to a disciplinary authority shall be forwarded to the appropriate authority which has jurisdiction over the offense.
Sec. 4. When Respondent is a Presidential Appointee. – All uniformed police officers, who are presidential appointees, may be suspended or removed from office only for cause and by order of the President. Administrative cases involving such officers shall be investigated by the PLEB in accordance with the procedure prescribed under these Rules after prior clearance from the President, through the Executive Secretary, pursuant to Presidential Memorandum Order No. 41 dated November 7, 2001. The Report of Investigation of the PLEB shall be submitted to the Office of the President, through the Commission, for disposition.
Section 1. Complaint. – All proceedings must be commenced by a complaint in writing and signed under oath, by the aggrieved party or his/its duly authorized representative or guardian against any member of the PNP who appears to be responsible for the administrative offense charged.
Said complaint shall be filed in at least three (3) copies with the Office of the PLEB of the city/municipality where the offense was committed.
Sec. 2. Formal Requirements 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 and time of commission of the offense, and a brief statement of relevant and material facts.
Sec. 3. Prohibition Against Forum Shopping or Multiple Filing of Complaints. – To avoid multiplicity of suits for the same cause of action, the complainant shall certify under oath in his pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the following facts and undertakings:
a) That he/she has not filed or commenced any other action or proceeding involving the same in other disciplinary forum;
b) That to the best of his/her knowledge, no such action or proceeding is pending in other police administrative disciplinary authority;
c) That if there is any such action or proceeding which is either pending or may have been terminated, he/she must state the status thereof; and
d) That if he/she should thereafter learn that a similar action or proceeding has been filed or is pending before any other police disciplinary authority, he/she undertakes to report such fact within five (5) days therefrom to the disciplinary authority wherein the original complaint or pleading and sworn certification contemplated herein have been filed.
Sec. 4. Notice. – Within three (3) days upon receipt of the complaint, the PLEB shall furnish a copy thereof to the respondent, directing him/her to submit his/her answer thereto within five (5) days from receipt thereof, together with whatever documentary evidence he/she may have in support of the defense.
Sec. 5. Answer. – The answer shall be in writing, under oath and must contain material facts, which may either be a specific denial or affirmation of the allegations in the complaint. It shall be accompanied by documentary or other evidence, if there be any, in support of the defense, copy furnished the complainant. It shall also contain a list of witnesses and their individual addresses.
The answer shall be filed in at least three (3) 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 registered mail. Said envelope shall be kept and made an integral part of the records of the case.
No motion to dismiss, motion for bill of particulars or any other interlocutory motion shall be allowed hence, filing of the same shall not interrupt the running of the reglementary period for filing an answer.
Sec. 6. Effect of Failure / Refusal To File Answer. – Failure of the respondent to file an answer within the reglementary period shall be considered as a general denial of the charges.
Sec. 7. Effect of Admission By Respondent. – When the respondent in his answer admits his culpability to the charge, the PLEB shall, nonetheless, proceed with the hearing in order to determine the degree of his responsibility, and the appropriate penalty to be imposed.
Sec. 8. Pre-Hearing Conference. – Within five (5) days from receipt of the answer, the PLEB shall summon the parties to a pre-hearing conference for the purpose of: a) defining and simplifying the issues of the case; b) entering into admissions and/or stipulation of facts; c) limiting the number of witnesses to be presented; d) scheduling the dates of hearing; and e) threshing out all other matters relevant to the case.
The conference shall be completed in one (1) day and the proceedings thereof shall be duly recorded and signed by the parties and/or counsels. Where the parties are represented by counsel, the latter shall be made to sign and/or file a certificate of readiness to appear at the scheduled hearings. In said certification, the date of hearing agreed upon by both counsels shall be strictly followed to avoid unnecessary delay in the proceeding.
In no circumstance shall there be an amicable settlement of the case.
Sec. 9. Hearing Proper. – Within five (5) days from the termination of the conference, the PLEB shall proceed with the formal hearing of the case.
The parties and their witnesses shall be duly notified of the scheduled hearing at least three (3) days before the date thereof, specifying the date, time, and place of hearing.
At the start of the hearing, the Chairman of the PLEB shall ask for the appearance of the parties and inquire if they are ready to proceed with the presentation of their evidence.
Sec. 10. Order of Hearing. – The order of the hearing before the PLEB shall be as follows:
a) The complainant shall adduce evidence with proper identification and marking thereof of his exhibits;
b) The respondent shall then present evidence in support of his defense with proper identification and marking thereof of his exhibits;
c) The proceedings being summary in nature, direct examination of witnesses shall be dispensed with and the sworn statements/affidavits of witnesses, after proper identification and affirmation on the truth of the contents thereof, shall take the place of their oral testimony;
d) Clarificatory examination, if requested by either party, shall be confined strictly to material and relevant matters and, insofar, as may be compatible with the ends of justice, shall be limited to not more than fifteen (15) minutes. Prolonged argumentation and other dilatory proceedings shall not be entertained.
Sec. 11. Proceedings In the Absence of Counsel. – If the respondent at the start of the proceedings appears without any counsel, the chairman of the PLEB shall inform him/her of his/her right to avail of one if he/she desires. Respondent may, however, waive this right expressly or impliedly. However, the hearing shall proceed as scheduled in spite of absence of one or both counsel.
In such cases, it shall be incumbent upon the PLEB to propound questions, interrogate witnesses and examine material and relevant evidence which are necessary in the determination of the issues and in arriving at a just and fair conclusion.
Sec. 12. Postponement. – Postponement of hearing should be discouraged and shall be allowed only in meritorious cases, such as illness of a party or his/her counsel and/or other similar unavoidable causes. A request for postponement on the ground of illness shall be supported by a duly sworn medical certificate.
Regardless of the ground invoked, not more than two (2) postponements shall be granted. Accordingly, the next scheduled hearing shall proceed as scheduled.
Sec. 13. Request for Preventive Suspension. – The PLEB may ask any authorized superior to place under preventive suspension a subordinate police officer who is the subject of a complaint. In the following cases the superior officer shall not deny a request for preventive suspension:
a) when the respondent refuses to heed the PLEB’s summons or subpoena;
b) when the PNP personnel has been charged with offenses involving bodily harm or grave threats;
c) when the respondent is in a position to tamper with the evidence; and
d) when the respondent is in a position to unduly influence the witnesses.
The period of preventive suspension shall not exceed ninety (90) days. Upon the expiration thereof, the suspended respondent PNP member shall be automatically reinstated without prejudice to the continuation of the proceedings against him.
While under preventive suspension, respondent shall not receive his salary and other benefits. However, in case of exoneration, respondent shall be reinstated with full payment of back salaries and such emoluments, which he failed to receive during such suspension.
The preventive suspension herein imposed shall not form part of the penalty of suspension should the respondent be found culpable, except when it is so stated in the decision of the PLEB.
Sec. 14. Prohibition of Reassignment of Respondent During the Pendency of an Administrative Case. – A respondent PNP member shall not be reassigned or transferred from one city/municipal police station to another, or to any place beyond the jurisdiction of the PLEB during the pendency of the case, unless the PLEB concerned certifies that the presence of the respondent is no longer required. For this purpose, the PLEB shall notify the immediate superior of respondent of the pending case.
Sec. 15. Effect of Failure / Refusal / Desistance of Complainant to Prosecute. – The failure/refusal/desistance of the complainant and/or his/her witnesses to appear and to prosecute the case during the hearing, despite due notice, shall be a sufficient ground to drop the complaint where the culpability of the respondent could not be established or proven without the testimony of the complainant. However, before dropping the complaint, the PLEB shall exert all efforts to locate the complainant and his/her witnesses and to inquire into the reason(s) for their failure or refusal to testify or desistance to prosecute the case.
In cases where the culpability of the respondent can be established by evidence other than the testimony of the complainant, non-appearance of the latter shall not be a ground to terminate the proceedings. The PLEB shall endeavor to continue with the hearing and secure the attendance of other vital witnesses to avoid a miscarriage of justice.
Sec. 16. Effect of Failure or Refusal of Respondent to Appear. – If the respondent, despite due notice, fails or refuses to appear during the scheduled hearings, he/she is deemed to have waived his/her right to be present and to submit evidence in his/her favor and the said scheduled hearing shall proceed ex-parte.
Sec. 17. Effect of Exoneration. – A finding of non-culpability on the respondent PNP member who has been placed on preventive suspension shall entitle him to immediate reinstatement and to prompt payment of salaries, allowances and other benefits which he failed to receive by reason of such suspension; Provided, That he has not been separated or under suspension on account of any other criminal and/or administrative case.
Sec. 18. Effect of Retirement. – The optional or compulsory retirement of the respondent shall not affect the pendency of his administrative case and the award of the retirement benefits due him shall be subject to its final adjudication.
Sec. 19. Effect of Death. – Death of the respondent during the pendency of the case shall terminate the administrative proceedings and has the effect of exoneration.
Upon presentation of a certified true copy of the death certificate, a resolution dismissing the case shall be issued by the proper disciplinary authority hearing the case.
Sec. 20. Stenographic Records of Proceedings. – The testimony of each witness and the manifestation of the Chairman and members of the PLEB, the parties and counsel, during the hearing shall be taken in shorthand or stenotype, if there is a stenographer. Clerks and stenographers employed to record the proceedings shall, before discharging their duties, be required to take an oath that they shall truly report and faithfully record all matters taken thereat and, will keep the deliberation of the case with strictest secrecy and confidence.
A transcript of the records made and certified to as correct by the official stenographer or stenotypist shall be a prima facie correct statement of the proceedings.
Sec. 21. Where Services of Stenographer Not Available. – Where the services of stenographer is not available, a substantial account of the proceedings duly certified to as correct by the Chairman of the PLEB shall suffice.
Sec. 22. Nature and Contents of the Decision. – Decision, as used in these rules, is the written findings of fact by the PLEB as established during the hearing, the conclusions of law upon which they are based, and the disposition thereof, personally and directly prepared and signed by all the members who participated in the proceedings/deliberations.
It shall include the name of the respondent, his unit or office and rank, and the offense to which he was exonerated or found liable, including the appropriate penalty to be imposed.
The Board shall determine by a majority vote of its members, whether or not the respondent officer or member of the PNP is culpable of the charge.
Sec. 23. Respondent Found Liable For an Offense Different and Distinct From That to Which He Was Charged. – A respondent PNP member may be found culpable of an offense different from that he was charged: Provided, That the offense to which he was found liable was alleged or included in the recital of the complaint and the respondent has been given the opportunity to answer.
Sec. 24. Period to Render Decision. – The PLEB shall decide the case within sixty (60) days after its submission for decision.
Sec. 25. Finality of Decision. – (A) The decision of the PLEB exonerating or reprimanding the respondent in an administrative case is final and executory upon receipt of a copy thereof by the parties, hence unappealable. (B) Where the decision of the PLEB involves the penalty of withholding of privileges, restriction, suspension, forfeiture of salary or fine, demotion, or forced resignation, the same shall become final and executory only after the lapse of ten (10) days from the receipt of a copy thereof by the respondent unless the latter files a motion for reconsideration or appeal within said period in which case, the resolution on the motion or appeal shall become final and executory only after the lapse of ten (10) days from receipt of a copy of said resolution by the respondent (C) However, where the decision of the PLEB involves the penalty of dismissal, the same shall be immediately executory upon receipt of a copy thereof by the respondent as furnished to him by his/her immediate superior officer. The filing of a motion for reconsideration or appeal as the case may be, within the reglementary period of ten (10) days shall not suspend the implementation thereof.
Sec. 26. Application of the Principle of Res Judicata/Bar by Prior Judgment. – For a prior judgment in an administrative case to constitute a bar to a subsequent administrative action, the following requisites must concur:
a) It must be a final judgment or order;
b) The Disciplinary Authority rendering the same must have jurisdiction over the subject matter and over the parties;
c) It must be a judgment on the merits; and ,
d) There must be between the two (2) cases, identity of parties, identity of subject matter and identity of cause of action.
Sec. 27. Motion for Reconsideration. – The respondent may file a motion for reconsideration from the decision rendered by the PLEB within ten (10) days from receipt of a copy of the decision based on the following grounds:
1) Newly discovered evidence which, if presented, would materially affect the decision rendered; or
2) Errors of law or irregularities have been committed prejudicial to the substantial rights and interest of the movant.
Only one (1) motion for reconsideration shall be allowed and the same shall be considered and decided by the PLEB within fifteen (15) days from receipt thereof.
Sec. 28. Service of Decision. – Copies of the decisions, orders and resolutions issued by the PLEB shall be served either personally or by registered mail. Whenever possible service of decisions and other papers shall be done personally.
Sec. 29. Maintenance of Docket Books. – The PLEB shall keep a docket book for administrative complaints in which all complaints shall be properly entered adn given their corresponding number in the order of their receipt. The docket book shall contain the following records:
a) Number and title of the case;
b) Date the case was filed or received by the PLEB;
c) Name and mailing address of complainant;
d) Rank and name of respondent and place of assignment;
e) A determination by the PLEB on the charge alleged;
f) Case referral where the offense charged is not cognizable by the PLEB;
g) Date the respondent received a copy of the complaint;
h) Date the respondent’s superior officer received a copy of the complaint;
i) Date the respondent filed his answer;
j) Date subpoena or subpoena duces tecum was issued;
k) Date when the hearing actually commenced;
l) Date when the hearing terminated;
m) Date the decision was promulgated indicating whether respondent was exonerated, or, if found culpable, the penalty imposed;
n) Date the decision was served on the respondent; and,
o) Date when motion for reconsideration/appeal was filed if any, and its status.
Sec. 30. Quarterly Report. – At the end of every quarter the PLEB is required to submit a report to the regional office of the Commission indicating therein the province, municipality or city to which it belongs with the following data/information:
a) Number of administrative cases received during the period;
b) Nature of offense charged;
c) Number of administrative cases assumed;
d) Number of administrative cases referred;
e) Number of cases heard during the quarter;
f) Number of cases pending hearing;
g) Number of cases decided during the quarter;
h) Number of respondents found culpable/exonerated; and,
i) Number of petitions for reconsideration filed/resolved.
Section 1. Appeal. – In cases where the decision of the PLEB imposes a penalty of demotion in rank, forced resignation or dismissal from the service, the respondent may file, with the deciding authority, and serving upon the adverse party, a notice of appeal, within ten (10) days from receipt of a copy of the decision.
Likewise, the appellant is required to submit the memorandum of appeal in three (3) copies with the Regional Appellate Board (RAB) concerned within ten (10) days from filing of notice of appeal.
In addition, the respondent shall submit to the RAB concerned the proof of service of a copy of the notice of appeal together with the appeal memorandum to the PLEB that rendered the decision being appealed.
Within fifteen (15) days from receipt of the notice of appeal, the PLEB concerned shall forward the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss, with its comment, to the RAB. The transmittal of the records of the case to the RAB is a ministerial responsibility of the PLEB. Accordingly, failure of the PLEB to forward the same to the RAB concerned will be a ground for administrative disciplinary action.
Sec. 2. Period to Act on Appeal. – The Regional Appellate Board shall decide the appeal within the period of sixty (60) days from receipt of the complete records of the case.
Sec. 3. Effect of Failure to Decide Appeal. – Failure of the Regional Appellate Board to decide the appeal within sixty (60) days from receipt of the case records shall render the decision of the PLEB final and executory without prejudice, however, to the filing of an appeal to the Secretary of the Department of the Interior and Local Government.
Section 1. Administrative Offenses. – The following are the offenses for which a member of the PNP may be charged administratively:
a. Neglect of duty
b. Irregularity in the Performance of Duty
g. Disloyalty to the Government
h. Violation of Law
Sec. 2. Definition of Offenses. – The foregoing offenses are defined as follows:
a. Neglect of duty or Nonfeasance – is the omission or refusal, without sufficient excuse, to perform an act or duty which was the peace officer’s legal obligation to perform; it implies a duty as well as its breach.
b. Irregularity in the Performance of Duty – is the improper performance of some acts, which might lawfully be done.
c. Misconduct or Malfeasance – is the doing, either through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as where he acts without any authority whatsoever, or exceeds, ignores or abuses his powers.
Misconduct generally means wrongful, improper or unlawful conduct, motivated by premeditated, obstinate or intentional purpose. It usually refers to transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it does not necessarily imply corruption or criminal intention but implies wrongful intention and not to mere error of judgment.
d. Incompetence – is the manifest lack of adequate ability and fitness for the satisfactory performance of police duties. This has reference to any physical, moral or intellectual quality the lack of which substantially incapacitates one to perform the duties of a peace officer.
e. Oppression – imports an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority. The exercise of unlawful powers or other means, in depriving an individual of his liberty or property against his will, is generally an act of oppression.
f. Dishonesty – is the concealment or distortion of truth in a matter of fact relevant to one’s office, or connected with the performance of his duties.
g. Disloyalty to the Government – consists of abandonment or renunciation of one’s loyalty to the Government of the Philippines,or advocating the overthrow of the government.
h. Violation of Law – presupposes final conviction in court of any crime or offense penalized under the Revised Penal Code or any special law or ordinance.
Section 1. Imposable Penalties. – The following are the penalties that may be imposed by the PLEB in police administrative cases:
a. Withholding of privileges
b. Restriction to specified limits
d. Forfeiture of salary or fine
f. Forced Resignation
Sec. 2. Limitation in the Imposition of Penalties. – If the penalty of suspension is imposed by the PLEB, the same shall not exceed ninety (90) days; and in case of forfeiture of salary the amount shall not exceed the equivalent of one (1) month pay.
Should the penalty of demotion be imposed it shall not exceed one rank lower.
On the other hand, the penalty of “Withholding of Privileges” shall be confined to deferment of vacation leave privileges, availment of loan privileges and participation in training grants or programs and such other similar privileges normally enjoyed by civil service employees.
Sec. 3. Qualifying Circumstances. – In the determination of penalties to be imposed, mitigating and aggravating circumstances attendant to the commission of the offense/s shall be considered.
A. The following are mitigating circumstances:
a. physical illness
b. good faith
c. length of service in the government
d. analogous circumstances
B. The following are aggravating circumstances:
a. taking advantage of official position
b. taking undue advantage of subordinate
c. undue disclosure of confidential information
d. use of government property in the commission of the offense
f. offense is committed during office hours and/or within the premises of the working office or building
g. employment of fraudulent means to commit or conceal offense
h. analogous circumstances
Sec. 4. Guidelines in the Application of Penalties. – The imposition of the penalty shall be made in accordance with the manner herein below provided:
a. Like penalties shall be imposed for like offenses and only one penalty shall be imposed for each case. “Each case” means one administrative case which may involve one or more charges or counts.
b. The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances are present.
c. The medium of the penalty shall be imposed where no mitigating and aggravating circumstances are present.
d. The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstances are present.
e. Where aggravating and mitigating circumstances are present, rule (b) shall be applied where there are more mitigating circumstances present; rule (c) shall be applied where the circumstances equally off-set each other; rule (d) shall be applied when there are more aggravating circumstances.
f. If the respondent is found guilty of two (2) or more charges or counts, the penalty to be imposed should be that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.
Sec. 5. Range of Penalties. – The period of penalties shall be as follows:
A. For Light Offenses
1. Minimum Period = 1 day to 10 days
2. Medium Period = 11 days to 20 days
3. Maximum Period = 21 days to 30 days
B. For Less Grave Offenses
1. Minimum Period = 31 days to 45 days
2. Medium Period = 46 days to 60 days
3. Maximum Period = 61 days to 3 months
C. For Grave Offenses
1. Minimum Period = 3 months suspension
2. Medium Period = demotion or forced resignation
3. Maximum Period = dismissal
Sec. 6. Administrative Disability Inherent in Certain Penalties. – The following are the administrative disabilites inherent in certain penalties:
a. The penalty of dismissal, which results in the separation of the respondent from the service, shall carry with it that of cancellation of eligibility, forfeiture of leave credits and retirement benefits, and the disqualification for re-employment in the government service;
b. The penalty of suspension, which consists in the temporary separation or cessation of work of the respondent for the duration of the sanction, shall carry with it that of disqualification for promotion corresponding to the period of suspension.
c. The penalty of forfeiture of salary, which consists of an amount not exceeding one (1) month salary, shall carry with it that of disqualification for promotion corresponding to the penalty imposed.
Section 1. Repealing Clause. – All issuances contrary to or inconsistent with this Circular are hereby amended or repealed accordingly.
Sec. 2. Separability Clause. – If any portion or provision of these Rules is declared illegal, the same shall not affect the validity and effectivity of the other provisions not affected thereby.
Sec. 3. Penalty Clause. – Any violation of these Rules shall be a ground for administrative disciplinary action in accordance with existing laws and regulations.
Sec. 4. Effectivity. – This Circular shall take effect fifteen (15) days from date of publication in a newspaper of general circulation; and a copy of the same filed with the University of the Philippines Law Center in consonance with Executive Order Numbered 292, otherwise known as the Administrative Code of 1987.
Approved this 24th of SEPTEMBER at Makati City, Philippines.
JOSE DAVID LIMA, JR.
ROGELIO A. PUREZA
Vice-Chairperson and Executive Officer
EDGAR DULA TORRES
LINDA L. MALENAB-HORNILLA
HERMOGENES EBDANE, JR.
Acting Board Secretary