1.4 PNP Administrative Machinery-LP

COURSE: Criminal Investigation Course (CIC)
Module 1. General Subjects
Topic : PNP Administrative Machinery
Lesson Plan Number : 1.4
Target Audience : PO1 - SPO4
Venue : Multi-Purpose Hall
Training Day Number : 1
Time Allotted : 4 hours
Instructional Method : Lecture Discussion PE
Learning Aids : Multi-media projector and laptop
Participant’s Requirements : Notebook, ballpen, handouts
Issue Items : Handouts
Instructor Qualification : General Instructor

Specialized Instructor
Master Instructor
Training References : RA 8551, and NAPOLCOM MC 2016-002
Lesson Goal : This lesson aims to familiarize the

participants of the policies issued by
NAPOLCOM and the PNP with regards to
the administrative machinery of the PNP that
will guide the investigators as they perform
their duties and responsibilities
Lesson Objectives
At the end of the lesson, the participants will be able to:
L.O.1. Discuss the PNP Disciplinary Law and Order general provisions.
L.O.2. Explain and Identify the jurisdiction to hear and decide a case.
L.O.3. Discuss the summary dismissal powers of the NAPOLCOM, Chief, PNP
and the Regional Directors.
L.O.4. Discuss the procedures to be observed at the NHQ, Regional and NSU
level regarding citizen’s complaint against PNP personnel.
L.O.5. Discuss the venue for administrative complaints or cases against any PNP
members and how an administrative complaint may be initiated.
L.O.6. Explain the pre-charge evaluation and preventive suspension.
L.O.7. Discuss the prohibition of reassignment of respondent during
CIC Lesson 1.4 Page 1 of 18

the pendency of an administrative case.
L.O.8 Explain the NAPOLCOM Memo Circular Issuances on
Police Discipline.
L.O.9. Discuss the conduct of formal summary hearing.
L.O.10 Discuss motion for reconsideration, appeal, and reasons for non-
appearance.
L.O.11. Explain the guidelines in the imposition of penalties due to non-
appearance in court.
L.O.12. Discuss imposition of penalties.
Presentation Outline:
No. of
Subject/Activity Methodology
Hours
I. Introduction 5 mins.
II. PNP Disciplinary Law And Order . Lecture/Discussion
General Provisions 25 mins.
 Definition of Terms
III. Jurisdiction Lecture/Discussion
A. Citizen's complain
B. Breach of Internal Discipline 30 mins.
C. Summary Dismissal Powers of the
NAPOLCOM, the Chief PNP and
the Regional Directors
IV. Venue for Administrative Complaints Lecture/Discussion
or Cases against any PNP member 30 mins.
and how an Administrative Complaint
be Initiated
V. Pre-charge Evaluation and 30 mins. Lecture/Discussion
Preventive Suspension
Break Time 10 mins.
VI. Prohibition of Reassignment of Lecture/Discussion
Respondent during the Pendency of 20 mins.
Administrative Case
VII. NAPOLCOM Memorandum 30 mins. Lecture/Discussion
Circular No. 2007-001 and 2016-002
VIII. Summary Hearing 20 mins. Lecture/Discussion
IX. Motion for Reconsideration 10 mins. Lecture/Discussion
X. Guidelines in the imposition of 20 mins. Lecture/Discussion

Penalties due to non-appearance in
Court
XI. Imposition of Penalties 10 mins. Lecture/Discussion
Total # of Hours 4 Hrs
*TP – Teaching Point

Lesson Plan 1.4
Lesson Topic- PNP Administrative Machinery
I. INTRODUCTION (5 mins)
A. Prayer before the start of the class.
B. Introduce Instructor to the participants.

1. Name
2. Designation/ present unit assignment/ work experience
3. Educational Background
C. This lesson aims to familiarize the participants of the policies issued by

NAPOLCOM and the PNP with regards to the administrative machinery of
the PNP that will guide the investigators as they perform their duties and
responsibilities.
TP 1 (25min)
II. PNP DISCIPLINARY LAW AND ORDER GENERAL PROVISIONS
Definition of terms:
A. Answer– a responsive pleading containing the respondent's

negative and affirmative defenses.
B. Appellate Bodies – shall refer to the Regional Appellate Board (RAB)

and National Appellate Board (NAB) of the Commission; the
Secretary of the Internal and Local Government (SILG); and the Civil
Service Commission (CSC).
C. Breach of Internal Discipline – any offense committed by a member

of the PNP involving "minor offense" affecting the order and
discipline within the police organization. "Minor Offense" refers to an
act or omission not involving moral turpitude, but affecting the
internal discipline of the PNP, and shall include, but not limited to
simple misconduct; negligence; insubordination; frequent absences
and tardiness; habitual drunkenness; and gambling prohibited by
law.
D. Citizen’s Complaint – a formal charge initiated by a natural or

juridical person or 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 PNP member.
E. Commission – shall refer to the National Police Commission as

constituted, pursuant to Republic Act No. 6975 as amended;
F. Complaint – a written or sworn statement regarding a wrong,

grievance or injury sustained by a person.

G. Complainant– one who initiates a complaint against a uniformed
member of the PNP, either as complaining witness or as a
concerned government agency or office.
H. Conduct Unbecoming of a Police Officer – any act or behaviour of a

police officer irrespective of rank done in his official or private
capacity which, in dishonouring or disgracing himself as a police
officer, seriously compromises his character and standing in the
PNP in such a manner as to indicate vitiated or corrupt state of
moral character which shows his unworthiness to remain in the
police service.
I. Decision – the written disposition of the disciplinary authority or

appellate body stating clearly the facts and the law upon which it is
based.
J. Disciplinary Authorities – shall refer to the city or municipal mayors;

chiefs of police or equivalent supervisors; provincial directors or
equivalent supervisors; regional directors or equivalent supervisors;
People’s Law Enforcement Board (PLEB); Chief of the PNP;
National Police Commission (NAPOLCOM).
K. Equivalent Supervisors – PNP Officers occupying positions/

designations equivalent to that of Chief of Police, Provincial Director
and Regional Director who are vested with disciplinary authority over
personnel of their respective offices, charged with minor offenses
involving breach of internal discipline as provided under Section 41
of R.A. 6975, as amended.
The following are considered equivalent supervisors:

1. Chief of Police
a. Chief, Provincial Public Safety Company
b. Chief, District Public Safety Battalion
c. Chief, Police Station of Manila Police District and Quezon
City Police District
2. Provincial Director
a. Director, City Police Office of Highly Urbanized or
Chartered Cities
b. Chief, Regional Public Safety Battalion
c. Chief, Regional Administrative Support Unit
d. Chief, Regional Operational Support Unit
3. Regional Director
a. Director, Police District Office, National Capital Region
Police Office
b. Director National Administrative Support Unit
c. Director, National Operational Support Unit
In case the head of any of the above-enumerated
offices/units of the PNP is only an officer-in-charge, he/she
may conduct investigation and submit his recommendation to
the next higher Disciplinary Authority.

L. Finality of Decision – there is finality of decision when upon the
lapse of ten (10) days from receipt, or notice of such decision, no
motion for reconsideration or appeal has been filed in accordance
with these Rules.
M. Forfeiture of Salary - a penalty imposed upon the respondent who is

found culpable of the offense charged which consists of taking his
salary for a certain period but in no case shall exceed one (1)
month; the respondent who is penalized with forfeiture of salary is
required to report for duty.
N. Formal Charge - a complaint initiated before any of the disciplinary

authorities or IAS after finding the existence of probable cause.
O. Forum Shopping – the filing of several complaints arising from one

and the same cause of action involving the same parties asking for
the same relief from the different administrative disciplinary
authorities, the Internal Affairs Service and Office of the
Ombudsman.
P. Jurisdiction– the authority vested by law to hear and decide a case.
Q. Minor Offenses – any act or omission not involving moral turpitude,

but affecting the internal discipline of the PNP, and shall include but
not limited to simple misconduct; negligence; insubordination;
frequent absences and tardiness; habitual drunkenness; and
gambling prohibited by law.
R. Moral Turpitude – includes everything which is done contrary to

justice, honesty, modesty, or good morals;
S. 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;
T. Pending Case – refers to a case when the respondent had been

formally charged before any of the disciplinary authorities or IAS; or
an appeal is pending with any of the appellate bodies.
U. Pre-charge Investigation - is the preliminary examination and

evaluation of the complaint for the purpose of determining the
existence or non-existence of probable cause.
V. Probable Cause - is the existence of such facts and circumstances

as would excite the belief, in a reasonable mind, acting on the facts
within the knowledge of the investigator, that the respondent is
probably guilty of a specific administrative offense or offenses.
W. Recidivist– a person who has been previously penalized for a grave

offense and is again charged of another or the same grave offense.

X. Reglementary Period – the period required by law or these Rules to
perform a specific act.
Y. Repeatedly Charged – when a police officer is formally charged

administratively for at least three (3) times and is found culpable for
any one of them and meted a penalty not lower than (60) days
suspension.
Z. Restrictive Custody - is a disciplinary measure that may be imposed

by the chief of the Philippine National Police, the PNP regional
director or equivalent supervisor or the PNP provincial director or
equivalent supervisor during the pendency of a grave administrative
or criminal charge filed against a subordinate police officer/s which
may consist of confinement within the camp with proper accounting
and monitoring of their activities: Provided, that when the situation
warrants and they are required to go outside of the camp, they
should be properly escorted on a one-on-one basis with proper
recording of activities, the place of destination, time of departure,
time of arrival and the names of the escorts: Provided further, that a
police personnel under restrictive custody is required to turn over his
issued firearm to the responsible supply officer within the same
period of custody;
AA. Restriction to Specified Limits - a penalty which prohibits the

respondent to be at a specified area.
BB. Serious Charge– refers to a complaint involving an offense where

the maximum imposable penalty is dismissal from the service.
CC. Subpoena Ad Testificandum - a process directed to a person

requiring him to appear and testify in an investigation or hearing.
DD. Subpoena Duces Tecum - a process directing a person to appear

and bring with him books, documents or things under his control in
an investigation or hearing.
EE. Substantial Evidence– such relevant evidence as reasonable mind

might accept as adequate to support a conclusion;
FF. Summary Hearing Officer – an officer designated by the disciplinary

authority or IAS to conduct the formal hearing, and to submit a
report of investigation;
GG.Summary Proceeding – an expeditious administrative proceeding

conducted consistent with due process to determine the culpability
or innocence of the respondent; and
HH. Summons – a written notice informing the respondent that he is

charged with an offense and directing him to file an Answer.

TP 2 (30 min)
III. JURISDICTION
A. Citizen’s Complaint
Where may it be filed – A citizen’s complaint against any member of the

municipal police station or city police office/station may be filed before the
following disciplinary authorities:
1. Chiefs of Police or Directors of City Police Offices, where the offense is

punishable by withholding of privileges; restrictions; to specified limits;
suspension or forfeiture of salary; or any combination thereof, for a
period not exceeding fifteen (15) days;
2. Mayors of Cities and Municipalities, where the offense is punishable by

withholding of privileges; restriction to specified limits; suspension or
forfeiture of salary; or any combination thereof for a period of not less
than sixteen (16) days but not exceeding thirty (30) days;
3. People’s Law Enforcement Board(PLEB), where the offense is

punishable by withholding of privileges; restriction to specified limits,
suspension or forfeiture of salary; or any combination thereof, for a
period exceeding thirty (30) days; demotion or by dismissal from the
service;
4. All other citizen’s complaints against PNP members, who are not
assigned in the municipal station or city police office/station or in areas
where no PLEB is organized, shall be filed with the provincial or
regional Internal Affairs Service where the offense was committed;
provided, that the jurisdiction of the summary dismissal authorities shall
not be affected.
B. Breach of Internal Discipline
Where may it be filed - A complaint for breach of internal discipline shall

be brought before the following disciplinary authorities:
1. Chief of Police or Equivalent Supervisors, where the imposable penalty

is admonition; reprimand; restriction to specified limit; withholding of
privileges; forfeiture of salary or suspension; or any combination of the
foregoing: provided, that in all cases, the total period shall not exceed
fifteen (15) days;
2. Provincial Directors or Equivalent Supervisors, where imposable penalty

is admonition or reprimand; restrictive custody; withholding of privileges,
forfeiture of salary or suspension; or any combination of the foregoing:
Provided, that in all cases, the total period shall not exceed thirty (30)
days;

3. Regional Directors or Equivalent Supervisors, have jurisdiction over
offenses punishable by dismissal from the service and those where the
imposable penalties are admonition or reprimand; restrictive custody;
withholding of privileges; suspension or forfeiture of salary; demotion; or
any combination of the foregoing: Provided, that in all cases, the total
period shall not exceed sixty (60) days; and
4. Chief of the PNP has jurisdiction over offenses punishable by dismissal

from the service; demotion; suspension or forfeiture of salary, or any
combination thereof for a period not exceeding one hundred eighty
(180) days. The Chief of the PNP has the authority to place police
personnel under restrictive custody during the pendency of grave
administrative or criminal case against said personnel.
C. Summary dismissal powers of the NAPOLCOM, the Chief PNP and the
Regional Directors
Summary Dismissal Case – Summary dismissal case is one where the

maximum penalty imposable is dismissal from the service and offense falls
under any of the following:
1. Where the charge is serious and evidence of guilt is strong;

2. When the respondent is a recidivist or has been repeatedly charged
and there are reasonable grounds to believe that he is guilty of the
charge;
3. When the respondent is guilty of a serious offense involving conduct
unbecoming of a police officer; and
4. When any member or officer has been absent without official leave for a
continuous period of thirty (30) calendar days or more; Provided, that
where dropping from the rolls is resorted to as a mode of separation
from the service, the police officer can no longer be charged with
Serious Neglect of Duty arising from absence without official leave
(AWOL) and vice versa.
Where filed- The complaint may be filed before the following disciplinary
authorities:
1. PNP Regional Directors or Directors of the National Support Units;
2. Chief of the PNP; and
3. National Police Commission
When a respondent is a Presidential Appointee – After a formal charge is

filed, a respondent who is a presidential appointee can only be subjected
to summary hearing after clearance from the Office of the President is
obtained. The report of investigation together with the complete original
records of the case shall be submitted to the Office of the President
through the Commission.
Principle of Exclusivity – When a complaint or charge is filed against a

PNP member, it shall be heard and decided exclusively by the disciplinary
authority which first acquired original jurisdiction over the case: Provided,
that offenses which carry a higher or lower imposable penalty shall be

referred to the appropriate disciplinary authority. Provided further, that any
disciplinary authority or the IAS who shall take cognizance of any
complaint beyond his jurisdiction and renders a decision thereon, the
same shall be void and shall not be a bar to the filing of a complaint
against the PNP member before the proper disciplinary authority. Any
disciplinary authority or IAS Officer who violates this provision shall be
charged administratively for serious irregularity in the performance of duty.
FOLLOWING PROCEDURES SHALL BE

OBSERVED AT THE NHQ LEVEL
SOURCES:
TXT 2920/CPNPSMS CENTER,ANONYMOUS LETTERS, E-MAIL, LETTER
COMPLAINTS,WALK-IN COMPLAINTS,NEW S PAPER ARTICLES
COMPLAINT RECEIPT TASK GROUP

C,PNP CPOMPLAINT ACTION
OFFIC,CRAC PCRG,DPRM
W ITH VERIFIABLE DATA W/O VERIFIABLE DATA W ITH VERIFIABLE DATA

WITH SS/ AFFIDAVIT BUT W /O ANY DOCUMENT
OR DOCUMENT/S EXCEPT COMPLAINT ITSELF OR AFFIDAVIT/S
DIDM, PCE CIDG VALIDATION

DI, IG VALIDATION AND INVESTIGATION
WITH W/O WITH

PROBABLE PROBABLE WITH BASIS NO BASIS DROP & CLOSE
CAUSE CAUSE BASIS
FORMAL
CHARGE, DROP&CLOSE
PENDING CASE
DLOD-DPRM
SHO-HEARING RESOLUTION D, LS REVIEW DECISION ARCHIVE

REGIONAL AND NSU LEVEL
SOURCES:
TXT MSG/SMS, ANONYMOUS LETTERS
-
E -MAILS, LETTER COMPLAINTS, WALK IN COMPLAINANTS, NEWSPAPER
ARTICLES
COMPLAINT RECEIPT TASK GROUP

RD COMPLAINT ACTIOPN OFFICE CRAC, RPHRDD,
PPOs, CPOs, MPS
WITH VERIFIABLE DATA W/OUT VERIFIABLE DATA WITH VERIFIABLE DATA

WITH SS/ AFFIDAVIT EXCEPT COMPLAINT BUT W/OUT ANY DOCUMENT OR
OR DOCUMENT/S ITSELF AFFIDAVIT/ SS
RIDM /RHQ/PPO/CPO/MPS
INVESTIGATION SECTION VALIDATION CIDG
RIO, RID VALIDATION / INVESTIGATION
PRE -CHARGE EVALUATION
WITH W/OUT WITH NO DROP & WITH

PROBABLE PROBABLE
CAUSE CAUSE BASIS BASIS CLOSE BASIS
DROP &
CLOSE
LOS RPHRDD
– -
RIAS/SHO
HEARING RESOLUTION RLS REVIEW DECISION ARCHIVE
BY SHO
TP 3 (30 min)
IV. Venue for Administrative Complaints or Cases Against any PNP Member
and How an Administrative Complaint may be Initiated.
A. Venue
The administrative complaints or cases against any PNP member

shall be filed before the disciplinary authority or IAS having territorial
jurisdiction where the offense was committed, except citizen’s complaints
which should be filed before the PLEB or, in areas where no PLEB is
organized, citizen’s complaint shall be filed with the provincial or regional
IAS where the offense was committed.
B. Transfer of Venue
The NAPOLCOM En Banc, the Chief, PNP or the Inspector General

may upon motion of either party, order a change of venue for administrative
cases pending before their respective offices on the following grounds:
1. When any of the parties is exerting efforts to harass, intimidate,

coerce or unduly influence the other party, his witnesses or
immediate members of the family to withdraw the complaint or
retract their statements.

2. When there is imminent and direct threat to the life and limb of
any of the parties so as to frustrate the successful investigation of
the administrative case;
3. When any of the parties is harmed the cause of which or the

motive is closely related to the pending case; or
4. To better serve the ends of justice.
C. Complaint
An administrative complaint may be initiated by filing a written and

sworn statement before any disciplinary authority or the IAS, accompanied
by affidavits of witnesses, if any, and other evidence in support thereof.
The complaint shall be accompanied by a certificate of non-forum

shopping duly subscribed and sworn to by the complainant. If the complaint
is not accompanied by a certificate of non-forum shopping, the complainant
shall be required to submit the same within five (5) days from notice;
otherwise the complaint shall be dismissed.
However, if the complaint is verbally made with the PNP, IAS, or

NAPOLCOM, the concerned agency shall assist the complainant in
preparing his complaint-affidavit and other documents in support thereof.
In case of a letter complaint, which is neither under oath nor based on

official reports, the evaluator shall require the complainant and witnesses to
affirm their signatures and to execute affidavits to substantiate the
complaint. Such complaint shall likewise be accompanied by a certificate
of non-forum shopping.
An anonymous complaint may be the basis of a formal complaint provided

that the material allegations contained therein may be validated.
TP 4 (30 min)
V. PRE-CHARGE EVALUATION AND PREVENTIVE SUSPENSION
A. PRE-CHARGE EVALUATION
Pre-charge Evaluation – Pre-charge evaluation is a process to determine

the existence of probable cause based on the allegations on the complaint
and supporting evidence.
Action on the Complaint – All complaints for pre-charge evaluation shall be

stamped on its face with the date and time of its receipt and an assigned
reference number, and shall be recorded in a docket book exclusively
maintained for that purpose.
Within three (3) days, from receipt of the complaint or the referral
from other disciplinary authority or investigative agencies, the assigned

officer shall evaluate the same and submit his recommendation to the
concerned disciplinary authority for proper disposition.
NB: The rule does not say that the evaluation must be finished
within three (3) days. What it says is that within three (3) days from receipt
of the complaint or referral from other disciplinary authority, the assigned
officer must evaluate the same.
Evaluation – Upon receipt of the complaint, the disciplinary authority

concerned shall designate the officer who shall conduct the evaluation of
the same to determine whether it shall be:
1. closed or dropped outright for lack of probable cause;

2. referred to the appropriate disciplinary authority;
3. treated as a grievance/request for assistance which may be
referred to the concerned office or government agency; or
4. recommended for summary hearing.
Any recommendation by the evaluator to close or drop an

administrative complaint for lack of probable cause shall in all cases be
approved by the concerned disciplinary authority or IAS.
If after pre-charge evaluation, probable cause is found to exist which

warrants the conduct of summary hearing, the recommendation of the
evaluator for the conduct of the same shall be approved by the disciplinary
authority or IAS. When the authority to conduct the pre-charge evaluation is
delegated by the disciplinary authority to any of its office, the approval of
the said recommendation shall be made by the Head thereof.
B. PREVENTIVE SUSPENSION
Preventive Suspension of the Respondent by the Disciplinary Authority and

IAS - the concerned disciplinary authority or IAS, upon motion of the
complainant may, at any time after a case is formally filed but before the
presentation of complainant’s evidence is terminated, place the
respondent/s on preventive suspension for a period not exceeding ninety
(90) days under any of the following circumstances:
1. That the charge is serious or grave and the evidence of guilt is

strong; or
2. There is evidence to show that the respondent is exerting efforts to
harass, intimidate, coerce or unduly influence the complainant or
his/her witnesses into withdrawing his complaint or retracting his
sworn statement or that of his witnesses against the respondent or
to tamper with the evidence.
Request for Preventive Suspension by the PLEB- In the following cases,

the superior officer shall not deny a request for preventive suspension:
1. When the respondent refuses to heed the PLEB’s summons or

subpoena;

2. When the PNP personnel has been charged with offenses involving
bodily harm or grave threats;
3. When the respondent is in a position to tamper with the evidence;
and
4. When the respondent is in a position to unduly influence the
witnesses.
Instructor's Note: Give 10 min break!
TP 5 (20 min)
VI. PROHIBITION OF REASSIGNMENT OF RESPONDENT DURING THE

PENDENCY OF AN ADMINISTRATIVE CASE
A respondent PNP member shall not be reassigned or transferred to

another city/municipal police station or unit during the pendency of the case,
unless the concerned disciplinary authority or IAS certifies that the presence of
the respondent is no longer necessary. Any superior who violates this
provision shall be administratively liable for irregularity in the performance of
duty.
TP 6 (30 min)
VII. NAPOLCOM MEMORANDUM CIRCULAR NO. 2016-002
Revised rules of procedure before the administrative disciplinary authorities

and the Internal Affairs Service of the Philippine National Police.
Scope and Application.
These Rules shall apply to all administrative cases filed against

uniformed members of the PNP before the different administrative
disciplinary authorities and the Internal Affairs Service (IAS).
Construction.
These Rules shall be liberally construed to attain just and expeditious

disposition of administrative complaints and cases against PNP
members, ensure public accountability and utmost discipline in the police
service.
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 of the Civil Service Law, Rules 2 and
Regulations as well as the Revised Rules of Court shall be suppletorily
applicable.

TP 7 (20 min)
VIII. SUMMARY HEARING
A. Nature
1. Shall not strictly adhere to technical rules of procedure and evidence

applicable in judicial proceedings
2. But this is not a license to disregard fundamental evidentiary rules
3. Sworn statements/affidavits – identification and affirmation of the truth
of its contents
4. Documents – proof of authenticity or reliability
B. Solemnity of Proceedings
1. SHO must comport himself/herself with impartiality and dignity.

2. Main duty is to determine the facts as presented by the
parties/discoverer of facts.
C. The Summary Hearing Officer must:
1. Summon respondent/s within three (3) days from receipt of case folder
complaint.
2. After which respondent/s submit/s Answer in writing within Five (5)
days.
D. Pre-Hearing Conference
Shall be scheduled within ten (10) days from receipt of the Answer.
E. PRE-HEARING
1. Defining and simplifying issues;

2. Admission/stipulation of facts;
3. Limiting the number of witnesses;
4. Schedule of hearing;
5. Marking of exhibits; and
6. Threshing out other matters relevant to the case.
Parties may agree that Summary Hearing be dispensed with, and instead
Memorandum or Position Papers be submitted.
F. Hearing Proper
Within five (5) days from the Pre-Hearing Conference
1. Note appearance of counsel

2. Complaint shall adduce evidence with identifications and marking of
exhibits
3. Respondent shall present evidence with proper identification and
marking of exhibits

4. Direct exam shall be dispensed with. Sworn statements/affidavits shall
take the place of oral testimony after proper identification and
affirmation of the truth of their contents except witnesses who appeared
pursuant to a subpoena
5. Clarificatory questions may be allowed by either party but limited to
material matters and insofar as may be compatible with ends of justice
6. All objections must be resolved by the SHO
7. Postponement
G.Other Factors
1. Failure to Prosecute
2. Failure or Refusal of Respondent to Appear
3. Effect of Compulsory Retirement
4. Effect of Death
5. Stenographic Records
6. When Services of Stenographer not Available
7. Submit Report of Investigation
H. Submission of Position Papers
Within ten (10) days from the date the Summary Hearing is terminated.
I. The Summary Hearing Officer
The SHO shall submit Report of Investigation (ROI) within thirty (30) days,
with the complete original records, for resolution to the Disciplinary
Authority.
J. Disciplinary Authority
Shall decide the case within thirty (30) days.

CONDUCT OF FORMAL SUMMARY HEARING
The Summary Hearing Officer shall summon

respondent within three (3) days from receipt of the
case folder/complaint and directs him/her to file an
Answer & Documentary Evidence.
Respondent/s shall submit his/her Answer in writing •defining &

within five (5) days from receipt of summons. simplifying of issues
•entering into
admissions/stipulati
Pre-Hearing Conference shall be set within 10 days from on of facts
receipt of the Answer. Shall be computed within two (2) •limiting the
ORDER OF SUMMARY days number of witnesses
HEARING •scheduling the
dates of hearing
Hearing Proper shall be conducted within five (5) days •marking of exhibits
•Complainant shall adduce from the hearing conference. •threshing out other
evidence w/ proper
matters relevant to
identification and
the case
markings.
• The respondent shall The SHO may require the parties to submit their
then present evidence in respective Position Papers within 10 days from the date
support of his defense . the summary hearing is terminated.
• The examination of PARTIES MAY AGREE
witnesses shall be based THAT SUMMARY
on the evidence presented The SHO, whenever applicable, shall have thirty (30) HEARING BE
except those who days to submit the Report of Investigation (ROI) DISPENSED WITH
appeared pur to a accompanied by the complete original records from the INSTEAD
subpoena. date the case is submitted for resolution to the MEMORANDUM OR
•Clarificatory questions Disciplinary Authority who shall decide the case within POSITION PAPERS BE
may be allowed if thirty (30) days. SUBMITTED.
requested.
TP 8 (10min)
IX. MOTION FOR RECONSIDERATION
The party adversely affected may file a motion for reconsideration from the
decision rendered by the disciplinary authority within ten (10) days from receipt
of a copy of the decision on the following grounds:
a. Newly discovered evidence which, if presented, would materially affect

the decision rendered; or
b. Errors of law or irregularities have been committed prejudicial to the
substantial rights and interest of the movant.
The filing of a motion for reconsideration shall stay the execution of the
disciplinary action sought to be reconsidered. Only one (1) motion for
reconsideration shall be allowed and the same shall be considered and
decided by the disciplinary authority within fifteen (15) days from receipt
thereof.

TP 9 (20 min)
X. GUIDELINES IN THE IMPOSITION OF PENALTIES DUE TO NON-
APPEARANCE IN COURT
The duty of PNP personnel to appear and testify in a hearing/investigation,

especially if he is the arresting officer or principal witness in a case, shall be
accorded first priority over all other functions.
It is the primary duty of PNP personnel to appear and testify when so

ordered through a notice of subpoena by the Court, Public Prosecutor,
People’s Law Enforcement Board, and Hearing Officer of any tribunal or duly
constituted body authorized by law to hear cases.
a. The PNP administrative/personnel officer who receives the

notice/subpoena shall see to it that said order or notice is served
immediately to addressee named therein.
If non-appearance is due to the failure of the Administrative/Personnel

Officer to serve the subpoena or notice, the latter shall be held
accountable for “Neglect of Duty” and penalized accordingly.
b. PNP personnel who fail without justifiable reason, to appear and testify
when so ordered by the Court, Public Prosecutor, People’s Law
Enforcement Board, and Hearing Officer of any tribunal or duly
constituted body authorized by law to hear cases, shall be held
accountable for “Serious Neglect of Duty” and penalized accordingly.
c. In case where dismissal of the case or acquittal of the accused occurs

for failure of PNP personnel to appear, when the PNP personnel so
ordered to appear and testify is a principal witness or the arresting
officer, the penalty for grave administrative offense in its maximum
period, “Dismissal from the Service”, shall be imposed, even if there are
attendant mitigating circumstances.
“Failure to appear and testify in court,… If his non-appearance resulted in

the dismissal of the case or the acquittal of the accused; or when he is the
principal witness or the arresting officer, the penalty of dismissal from the
service shall be imposed.”
TP 10 (10 min)
XI. Imposition of Penalties
If a drug case was dismissed (not just provisionally dismissed) and

respondent was found guilty, the latter shall be dismissed regardless of
attendant mitigating circumstances.
If a drug case was provisionally dismissed but revived, mitigating

circumstances may be appreciated.
Instructor's Note: Ask the participants if there is any question.

SUMMARY:
The participants learned the PNP Disciplinary Machinery Law and Order
general provisions, jurisdiction, venue for administrative complaints or cases
against any PNP member and how an administrative complaint may be initiated
and the procedures in the conduct of a formal summary hearing.

1.4 PNP Administrative Machinery-LP

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1.4 PNP Administrative Machinery-LP

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COURSE: Criminal Investigation Course (CIC)

Module 1. General Subjects

Topic : PNP Administrative Machinery

Lesson Plan Number : 1.4

Target Audience : PO1 - SPO4

Venue : Multi-Purpose Hall

Training Day Number : 1

Time Allotted : 4 hours

Instructional Method : Lecture Discussion PE

Learning Aids : Multi-media projector and laptop

Participant’s Requirements : Notebook, ballpen, handouts

Issue Items : Handouts

Instructor Qualification : General Instructor

Training References : RA 8551, and NAPOLCOM MC 2016-002

Lesson Goal : This lesson aims to familiarize the

CIC Lesson 1.4 Page 1 of 18

IX. Motion for Reconsideration 10 mins. Lecture/Discussion

X. Guidelines in the imposition of 20 mins. Lecture/Discussion

*TP – Teaching Point

CIC Lesson 1.4 Page 2 of 18

Lesson Topic- PNP Administrative Machinery

A. Prayer before the start of the class.

B. Introduce Instructor to the participants.

C. This lesson aims to familiarize the participants of the policies issued by

II. PNP DISCIPLINARY LAW AND ORDER GENERAL PROVISIONS

A. Answer– a responsive pleading containing the respondent's

B. Appellate Bodies – shall refer to the Regional Appellate Board (RAB)

C. Breach of Internal Discipline – any offense committed by a member

D. Citizen’s Complaint – a formal charge initiated by a natural or

E. Commission – shall refer to the National Police Commission as

F. Complaint – a written or sworn statement regarding a wrong,

CIC Lesson 1.4 Page 3 of 18

H. Conduct Unbecoming of a Police Officer – any act or behaviour of a

I. Decision – the written disposition of the disciplinary authority or

J. Disciplinary Authorities – shall refer to the city or municipal mayors;

K. Equivalent Supervisors – PNP Officers occupying positions/

The following are considered equivalent supervisors:

CIC Lesson 1.4 Page 4 of 18

M. Forfeiture of Salary - a penalty imposed upon the respondent who is

N. Formal Charge - a complaint initiated before any of the disciplinary

O. Forum Shopping – the filing of several complaints arising from one

P. Jurisdiction– the authority vested by law to hear and decide a case.

Q. Minor Offenses – any act or omission not involving moral turpitude,

R. Moral Turpitude – includes everything which is done contrary to

S. Newly Discovered Evidence – that evidence which could not have

T. Pending Case – refers to a case when the respondent had been

U. Pre-charge Investigation - is the preliminary examination and

V. Probable Cause - is the existence of such facts and circumstances

W. Recidivist– a person who has been previously penalized for a grave

CIC Lesson 1.4 Page 5 of 18

Y. Repeatedly Charged – when a police officer is formally charged

Z. Restrictive Custody - is a disciplinary measure that may be imposed

AA. Restriction to Specified Limits - a penalty which prohibits the

BB. Serious Charge– refers to a complaint involving an offense where

CC. Subpoena Ad Testificandum - a process directed to a person

DD. Subpoena Duces Tecum - a process directing a person to appear

EE. Substantial Evidence– such relevant evidence as reasonable mind

FF. Summary Hearing Officer – an officer designated by the disciplinary

GG.Summary Proceeding – an expeditious administrative proceeding

HH. Summons – a written notice informing the respondent that he is

CIC Lesson 1.4 Page 6 of 18

Where may it be filed – A citizen’s complaint against any member of the