ADMINISTRATIVE

SANCTIONS AND
AMENDMENTS
CHAPTER VIII
Administrative sanction

any formal penalties governmental agencies impose to

enforce compliance with laws and regulations. These
sanctions can take various form, such as fines, license
revocation or other disciplinary actions aimed at individuals
or organizations that violate specific rules
Revised Penal Code
It outlines various crimes, their penalties, and the
principles of criminal liability. It covers offenses
like theft, murder, and assault, establishing
substantive and procedural prosecution and
defense guidelines.
RA 6713
Code of Conduct and Ethical Stardards for
Public Officials and Employees)
RA 3019
Anti-Graft and Corrupt
Practices Act
Other special laws such as:
RA 9165
Comprehensive Dangerous Drugs Act

RA 7610
Special Protection of Children Against Abuse,
Exploitation, and Discrimination Act

RA 9208
Anti-Trafficking in Persons Act
What is Citizen Complaint?

is a formal report made by an individual or group

regarding perceived misconduct or issues related to
public officials, law enforcement, or government
agencies.
A. Disciplinary Authority of the chief of police

• Withholding of privilege

• Restriction to specified limits

• Suspension or forfeiture of salary or any combination

thereof

• For a period not exceeding 15 days

B. City/Municipal Mayor

• Withholding of privilege

• Restriction to specified limits

• Suspension or forfeiture of salary or any combination

thereof

• For a period of 16-30 days

C. Peoples law enforcement

• Withholding of privilege

• Restriction to specified limits

• Suspension or forfeiture of salary or any combination thereof

• For a period not exceeding 30 days

• Demotion in rank or dismissal from service

BREACH OF DISCIPLINE

any offense committed by a member of the PNP

involving and affecting order and discipline within
the police organization
JURISDICTION

The duly designated supervisord and equivalent

officers of the PNP shall, after due notice and
summary hearing, exercise disciplinary powers as
follows:
A. CHIEF OF POLICE OF EQUIVALENT
•Admonition or reprimand

•Restriction to specified limits

•Withholding of privileges

•Forfeiture of salary or suspension;

•Or any combination of the foregoing;

Provided, that in all cases, the total period shall not exceed 15 days.
B. PROVINCIAL DIRECTORS:
•Admonition or reprimand;

•Restriction to specified limits;

•Withholding of privileges;

•Forfeiture of salary or suspension;

•Or any combination of the foregoing;

Provided, that in all cases, the total period shall not exceed 30 days.
C. POLICE REGIONAL DIRECTORS:
•Admonition or reprimand;

•Restriction to specified limits;

•Withholding of privileges;

•Forfeiture of salary or suspension;

•Or any combination of the foregoing;

Provided, that in all cases, the total period shall not exceed 60 days.
Dismissal from the service and demotion in rank may also be imposed.
D. CHIEF OF THE PNP:
•Admonition or reprimand;

•Restriction to specified limits;

•Withholding of privileges;

•Forfeiture of salary or suspension;

•Or any combination of the foregoing;

Provided, that in all cases, the total period shall not exceed 180 days.
Also, dismissal from the service and demotion of rank
What is Minor Offense?

Minor Offense refers to an act or mission not involving moral

turpitude, but affecting the internal discipline of the PNP, and
shall include, but not limited to:

a. Simple misconduct or negligence;

b. Insubordination;
c. Frequent absences/tardiness;
d. Habitual drunkenness, and
e. Gambling prohibited by law
Who Has Jurisdiction on a complaint fled against
a member of the PNP?

A complaint or a charge filed against a PNP member shall be

heard and decided exclusively by the disciplinary authority
who first acquired original jurisdiction over the case,
notwithstanding the existence of concurrent jurisdiction as
regards the offense: Provided, that, offenses which carry
higher penalties referred to a disciplinary authority shall be
referred to the appropriate authority which has jurisdiction
over the offense.
Summary Dismissal Authority-
The Chief, PNP and Regional Directors, after due notice and summary
hearings, may immediately remove or dismiss any respondent PNP
member in any of the following cases:

a. When the charge is serious and the evidence of guilt is strong,

b. When the respondent is a recidivist or has been repeatedly charged

and there are reasonable groundy to believe that he is guilty of the
charges; and;.

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

officer
ORGANIZATION, JURISDICTION
COMPOSITION, TERM OF OFFICE,
AND QUORUM OF PLEB
Organization-

Within thirty (30) days from the issuance of this

implementing Rules and Regulation by the Commission,
there shall be created by the Sangguniang Panglungsod/
Bayan in every city and municipality such member of
Peoples Law Enforcement Boards (PLEBs) as may be
necessary.
Jurisdiction of the PLEB
The PLEB shall have jurisdiction to hear and decide citizens
complaints for offenses committed by officers and members of the
PNP, where the offense is punishable by:

➤ withholding of privileges.

➤ restriction to specified limits, suspension or forfeiture of salary or

➤ any combination thereof, for a period not exceeding thirty

(30Days) or by demotion in rank or dismissal from the service.
Venue for citizens complaint

Citizens complaints against erring members of the

PNP shall be filed with the PLEB of the
city/municipality, or legislative district where the
respondent is assigned or stationed.
Composition of the PLEB
The PLEB shall be composed of the following:

a. Any member of the Sangguniang Panglungsod/Bayan chosen by his

respective sanggunian;

b. Any Barangay captain of the city or municipality concerned chosen

by the Association of Barangay Chairmen; and

c. Three (3) other members who shall be chosen by the 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
member of the Bar or, in the absence thereof, a college graduate,
or the principal of the central elementary scho that of the
National Peace and Order Council himself or through authorized
representatives, closely oversee the CPOCs/MPOCS in the adely
uning of PLEB members representing the community and, where
warranted, may pdirect the replacement of said PLEB members
by persons in the locality who meet the statutory qualification
on probity and integrity. The chairman of the PLEB shall be
elected from among its members.
Oath of office by the chairman and members of
the PLEB

Chairman and members of PLEB shall take the

following oath or affirmation
Term of office of the members of the PLEB

Term of members of PLEB shall be two (2) years

from assumption of office
Compensation of members of the PLEB

Members of PLEB may be paid per diem as

may be determined by the city or municipal
council from the city or municipal funds.
Quorum

Majority of all PLEB members shall constitute a

quorum
Nature of preceding in the PLEB

Investigation conducted by PLEB shall be summary in

nature
Filling of complaints before PLEB

Shall receive complaints filed or referred to by any

citizen or resident of the Philippines personally
aggrieved by an offense committed by a PNP
member
Power and Duties of the PLEB

Shall have power to investigate and adjudicate all

administrative charges formally filed with or referred to
it , against any member of the PNP , and to impose the
corresponding penalty
Complaint , how it’s made

All proceedings must be commenced by a complaint in

writing , and under oath , by the aggrieved party or his duly
authorized representative or guardian against any member
of the PNP who appears to be responsible therefore
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 theme offense complained
of, the place, date and time of c of the offense, and a brief
statement of relevant and material facts.
Notification, how it is conducted.

Within five (5) days from the filing of the complaint, the
PLEB shathin five (5) days from of summons, together
with copy of the complaint, upon the respondent,
requiring the letter to file his answer and/or responsive
pleading within five (5) days from receipt therefore.
Answer, how it is made.
The answer shall be in writing and must contain material facts, which
may either be in specific denial or affirmation of the allegations in the
complaint and shall be accompanied by documentary or other
evidence, if there be any, in support of the defense. It shall also
contain a list of witnesses and their individual addresses. Failure to
file an answer shall be considered as a denial of the averments of the
complainants. It 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 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
within ten (10) days from receipt of the answer. When the
respondent in his answer pleads guilty or admits
responsibility to the charge, the PLEB shall nevertheless
proceed with the hearing in order to determine the degree of
responsibility of the respondent and the appropriate penalty
to be imposed. The parties and their witnesses shall be be
duly notified of the scheduled hearing at least three (3) days
before the date thereof, specifying the date, time, and place
of hearings .
Certification of Readiness, how it is done.
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. When the parties are
represented by their respective counsels, the latter shall be made to
sign and/or file a certificate of readiness to proceed with the hearing.
In said certification, the dates of hearing (from the commencement
up to the termination of the investigation) agreeable to both
counsels, but within the period prescribed by these rules, shall be
clearly indicated so as to avoid delay in the proceedings brought
about by motions for postponements due to conflict of schedule with
other cases handled by counsels.
On the scheduled dates of hearing agreed upon and signed by
the counsels, the PLEB shall proceed with the hearing as
scheduled in spite of absence of one or both counsels. The -
certification ties and binds both parties and their counsels to
the agreement and absence of their party or his counsels shall
not be considered a justifiable for postponing the case, except
for highly meritorious grounds.
Proceeding in the Absence of Counsel: effect/s

If the respondent at, the start of the proceeding appear without any
counsel to assist him in the investigation, the chairman of the PLEB
shall inform him of his right to avail of one if he so desire. This right
may, however, be waived by the respondent expressly or impliedly.
In case where either or both of the parties cannot afford the service
of counsel or such counsel is not available, it shall be incumbent
upon the PLEB as a fact-finding body to propound question,
interrogate witness and examine material and relevant evidence
which are necessary in the determination of the issues and in
arriving at a just and fair conclusion.
Submission of Testimonies in Affidavit Form –

As far as practicable, direct examination of witness shall be

dispensed with in the investigation conducted by the PLEB. In
lieu thereof, the PLEB shall require each party and his
witnesses to submit their testimonies in affidavit from duly
sworn to, subject to the right of cross examination
Preventive Suspension, how it is conducted.

Should it be established by convincing evidence at any time

during the investigation of the administrative case, that
respondent is exerting efforts to harass, intimadate,coerce, or
unduly influence complaints or retracing his sworn statement
against the former, the PLEB, through its chairman shall
recommend to the respondents station commander, or
appropriate PNP commander, the placement of the respondent
under suspension in order to maintain the integrity and
objectivity of the investigation.
Effect of failure or refusal of complainant to
prosecute-

The failure or refusal of the of the complainant and/or his

witnesses to appear and prosecute the cases during the
investigation, despite due notice as reflected in the proof of
service of administrative process shall be a sufficient ground
to drop the complain, provided that the action is in person
where the culpability of the respondent cannot be established
or proven without the testimony of the complainant.
Effect of Death-

Death of all the respondent during the tendency

of the investigation terminates the administrative
case, as has the effect of exoneration.
Postponement of investigation-

Postponement of investigation shall be discouraged

and shall be allowed only in meritorious cases, such
as illness of a party or his counsel and/or other similar
unavoidable causes.
Stenographic Record and Proceeedings..

The testimony of each witness, and the manifestation of

the chairman and the member of the PLEB, parties and
counsel, during an investigation shall be taken in
shorthand or stenotype, if there is a stenographer.
WHERE THE STENOGRAPGER IS NOT AVAILABLE

Where the service of a stenographer cannot be

availed of, a typewriter substantial accounts of the
proceedings duly certified as correct by the
chairman of the PLEB, shall suffice.
SOLEMNITY OF PROCEEDINGS IN ADMINISTRATIVE
CASES
The investigation shall be conducted with solemnityand
proper decorum and the chairman and members ofthe PLEB
shall comport themselves with impartialityand dignity
befitting their position-that of discoveredand gathered of
facts. They should always bear in mindthat their main duly
is to determine the facts of thecase as presented by the
parties during theinvestigation, judiciously evaluate the
evidenceadduced, and thereafter, imposed the
appropriatepenalty based on the submitted evidence.
NATURE AND CONTENTS OF DECISION
Decision, as used in these rules, is the written finding by the
PLEB that the respondent is guilty or not guilty of the offense
charge, and the imposition of the appropriate penalty in case
of conviction. It shall contain the charge, name of
respondent, his rank, his office, or police unit, a brief
statement of the material and relevant facts, findings,
offense committed and the penalty imposed, if found guilty,
and a dispositive portion thereof. The decision shall be
signed bv all members who participated in the proceeding
stating clearly who vote for or against the same.
REGLEMENTARY PERIOD FOR RENDITION OF
DECISION

Each cases shall be decided within sixty (60)

days from the time the case has been filed with
the PLEB.
FINALITY OF DECISION RENDERED BY THE PLEB

The decision of the PLEB becomes final after ten (10)

days from receipt thereof by the parties or after the
lapse of the reglementary period for perfecting a
Petition for Reconsideration/Appeal and no
petition/appeal is filed. If a Petition for
Reconsideration is filed within the prescribed period,
the decisions becomes final and executory only upon
receipt of the resolution of the Board on said Petition.
Where the decision of the Board involves the penalty of
dismissal from the service, the same shall be immediately
executory, and should be implemented upon receipt of the
decision by the respondent. The filing of a Petition for
Reconsideration or Appeal, as the case may be, within the
reglementary period of ten (10) days shall not suspend the
implementation thereof.
MOTION FOR RECONSIDERATION
Who Shall File a Motion for Reconsideration?

Either party may file a motion for reconsideration from a decision

rendered by the Board within ten (10) days from receipt of a copy
of the decision based on the following grounds:

a. New evidence has been discovered which materially affects the

decision rendered, or

b. Efforts of law or irregularities have been committed prejudicial

to the substantial rights and interests of movant.
Appeal -

In case where the decision of the PLEB imposed a penalty

of demotion in rank or dismissal from the service,
respondent may file an appeal with the Regional Appellate
Board concerned within ten (10) days from receipt of a
copy of the decision.
Service of Decision -

Copies of the decisions, orders and resolutions

issued by the Board shall be referred to the Station
Commander concerned for service to the parties.
Period of Act on Appeal Filed -

The Regional Appellate Board shall within a

period of sixty (60) days from receipt of the
notice of appeal, decide the appeal.
Effect of Failure to Decide Appeal -

Failure of the Regional Appellate Board to decide the

appeal within the reglementary period shall render the
decision final and executory without prejudice, however,
to the filing of an appeal by either party with the
Secretary of the Department of the Interior and Local
Government.
Maintenance of Docket Books by PLEB -

The PLEB shall keep a Docket Book for

administrative complaints, in which all complaints
shall be properly entered and given their
corresponding number in order of their receipt.
DUTIES OF NAPOLCOM HEARING OFFICERS

Pending the constitution of the PLEB, the

present NAPOLCOM Hearing Offices shall, in
holdover capacity, continue the investigation of
all police administrative cases.
Effect of Constitution and Organization of PLEB

Thereafter, the function of the NAPOLCOM Hearing

Officers shall be confined to the following:

a. Assist in the orientation and training of PLEB members

in the conduct of administrative Investigation

b. To act as legal consultant of the PLEBs in hearing and

deciding administrative cases against PNP members;
c .To monitor the activities and performance of PLEBs within
their respective jurisdictions, and submit monthly report
thereon to the NAPOLCOM regional director concerned;

d. To investigate claims for benefits arising from service -

connected death, permanent total disability and temporary
disability.

e .To perform such other related functions as may be

directed by the Chairman of the Commission.
APPEAL
What is Appeal?

In general, appeal may be defined as the

application to a higher court/ tribunal for a
reversal of the decision of a lower court.
What is administrative Appeal?

An administrative appeal is a request

addressedto a public authority by which the
aggrieved/ interested person demands
administrative measures to be taken regarding
an administrative act.
Where to Appeal?
(1) National Appellate Board (NAB)
(a) Decisions of the PNP Chief,

(b) Decisions rendered by the National Internal Affairs Service

Who chairs the Nation Appellate Board(NAB)?

- Commissioner, NAPOLCOM
(2) Regional Appellate Board (RAB)

- Decisions of the PLEB that is final and

executor involving demotions or dismissal
from the service.
THANK YOU!!!