PNP LAW AND

HISTORY
 POLICE
Agency of a community or government
that is responsible for enforcement of
laws, maintenance of public order, and
prevention and detection of crime.
ORGANIZATION
▪Group of individuals with a common
goal.
▪Structure of individuals that function
into a productive relationship.
 POLICE ORGANIZATION
Structured group of trained personnel in the
field of public safety administration engaged
in the achievement of goals and objectives.
POLICE ADMINISTRATION
Process involved in ensuring strict
compliance, proper obedience of law and
related statutes focus on the following process
or how law enforcement agencies are
organized and managed in order to achieved
the goals of law enforcement most effectively,
efficiently and productively.
 EVOLUTION OF
POLICING SYSTEM
▪POLIS – City State
(Greek word)
▪POLITEIA –
Government of a city
(Greek word)
▪POLITIA – (Roman
word)
▪The English and the
Americans borrowed the
word from the French
and used it to describe a
law enforcement officer.
▪ROBERT PEEL in
1829 established the
LONDON
METROPOLITAN
POLICE,
▪1st modern
organized police
force.
▪It was later called
SCOTLAND
YARD.
Principles of Law Enforcement by
Robert Peel
•Prevention of crime is the basic police
mission
•Police must have full respect of the
people
•A citizens respect for the law develops
the respect for the police
•Cooperation of the public decreases as
the use of force increases
•Police must render impartial
enforcement of the law
•Physical force is used only as a last
resort
•Police are the public and the public are
the police
•Police represent the law
•Absence of crime is test of police
efficiency
BRIEF HISTORY OF PHILIPPINE NATIONAL
POLICE
Spanish Period
•Carabineros De Seguridad Publica (1712) -
armed and considered as mounted police.
•Guadrilleros – body of rural police organized
in each town 5% of male inhabitants of each
province were to be enlisted in the police
organization for 3 years.
•Guardia Civil – (1852)body of Filipino
policeman organized originally in each of the
provincial capital of the central provinces of
Luzon.
 American Period
•U.S. Philippine Commission headed by Gen.
Howard Taft as its 1st governor general.
•Jan. 9, 1901, the MPF was organized pursuant
to Act. No. 70 of Taft Commission.
•Act No. 175 – act providing for the
organization and government of an Insular
Constabulary
•Act No. 255 – renamed the Insular
Constabulary into Philippine Constabulary
•E.O. 389 – ordered that PC be one of the 4
services of AFP
 Post American Period
•RA 4864 – Police
Professionalization Act of 1966,
created the POLCOM
Martial Law Period
•P.D. 765 – Integration Act of 1975,
established the INP composed of the
PC as the nucleus and integrated local
police force.
 Post Martial Law Regime
• E.O. 1012 – transferred to the city and
municipal govt. the operational and
direction over all INP units assigned
within the locality.
• E.O. 1040 – transferred the
administrative control and supervision
of the INP from the Ministry of
national Defense to NAPOLCOM
IMPORTANT PERSONALITIES IN THE
EVOLUTION OF PHILIPPINE
POLICING
•Rafael Crame 1st Filipino Chief of PC
•Col. Antonio Torres 1st Filipino Chief of
Police of MPD
•Col. Lamberto Javalera 1st Chief of
Police of MPD after the Philippine
Independence from USA in 1946
•Cesar Nazareno 1st Chief of PNP
THEORIES AND PHILOSOPHY
OF POLICE SERVICE
▪Home Rule Theory – policeman are
regarded as servant of the community
▪Continental Theory – policeman are
regarded as servant of higher authorities
▪Old Concept – crime suppression
▪Modern Concept – crime prevention
 TYPES OF POLICE ORGANIZATION
1. Line Organization – authority and
responsibility extend in a direct line from top
to bottom.
2. Functional Organization – functional
responsibility is limited to particular activity .
3. Line and Staff organization – a combination
of line and functional types. Channels of
responsibility is to “think and provide
expertise” for the line units.
 Functional Units
Bureau – largest organic functional unit
within a large department.
Division – primary subdivision of a
bureau.
Section – functional unit within a
division that is necessary for
specialization.
Unit – functional group within a section;
or the smallest functional group with in
an organization.
 Terms to remember!
❑ Sworn Officers have oath and who posses
the power to arrest.
❑ Superior Officer having supervisory
responsibilities, over officers of lower
rank.
❑ Commanding Officer in command of the
department, a bureau, a division, an area,
or a district.
❑ Ranking Officer more senior rank/higher
rank in a team or group.
❑ Length of Service - the period of time that
has elapsed since the oath of office was
administered.
❑ Special Duty - the police service, its
nature, which requires that the officer
be excused from the performance of his
active regular duty.
❑ Leave of Absence - period, which an
officer is excused from active duty by
any valid/acceptable reason.
❑ Sick Leave
❑ Suspension - a consequence of an act
which temporarily deprives an officer
from the privilege of performing his
duties as result of violating directives or
other department regulations.
 Territorial Units
Post – a fixed point or location to which an
officer is assigned for duty.
Route – a length of streets designated for
patrol purposes. It is also called LINE BEAT.
Beat – An area assigned for patrol purposes,
whether foot or motorized.
Sector – An area containing two or more
beats, routes, or posts.
District – a geographical subdivision of a city
for patrol purposes, usually with its own
station.
Area – a section or territorial division of a
large city each comprised of designated
districts.
 Principles of Police Organization
1. Unity of Objectives – effective if it
enables the individuals to contribute to
the organization’s objective.
2. Organizational Efficiency – effective if
it aids the accomplishment of objective
with minimum cost.
3. Scalar Principle – shows vertical
hierarchy which defines an unbroken
chain of units from top to bottom.
• Span of Control - a supervision over
personnel or units shall not mean more
than what a supervisor can effectively
direct and coordinate.
• Delegation of authority - giving of
task to a subordinate with
commensurate authority and
appropriate responsibility.
• Unity of Command - explains that
subordinates should only be under the
control of one superior.
CATEGORIES OF POLICE OPERATIONS
• PUBLIC SAFETY OPERATION – includes
Search, Rescue and Retrieval Operations, Fire
Drills, Earthquake Drills and similar operations
that promote public safety.
LAW ENFORCEMENT OPERATION – includes
Service of Warrant of Arrest, Implementation of
Search Warrant, Enforcement of Visitorial Powers of
the Chief, Philippine National Police and Unit
Commanders, Anti-Illegal Drugs Operation,
AntiIllegal Gambling Operations,
 INTERNAL SECURITY OPERATION –
includes Counter-Insurgency Operations, Counter
Terrorist Operations and similar operations that
are conducted to ensure internal security.
SPECIAL POLICE OPERATION – includes
Checkpoint Operation, Roadblock Operation, Civil
Disturbance Management Operation, Police
Assistance in the Enforcement of Demolition
Eviction Injunction and Similar Orders
INTELLIGENCE OPERATION – includes
Surveillance Operation, Counter Intelligence,
Intelligence Research, Intelligence Assessment
and similar police intelligence operation
conducted to gather information related to
security, public safety and order.
• INVESTIGATION OPERATION – includes
Investigation of Crime or Incident,
Administrative Investigation and similar
investigative work necessary to determine facts
and circumstances for fi ling cases criminally or
administratively.
SCENE OF THE CRIME OPERATION (SOCO) –
includes the processing of crime scene, technical
and forensic examination of evidences and
similar scientific investigative assistance.
HIGHLIGHS OF RA 6975, AS AMENDED
BY RA 8551, AS FURTHR AMENDED BY
RA 9708
 REPUBLIC ACT 6975
•Department of the Interior and Local
Government Act of 1990
•Established the Tri-bureau
•As amended by R.A. 8551 as further
amended by R.A. 9708
•National in scope and civilian in
character
•Headed by Chief PNP, with the rank of
Dir. General
 The National Police Commission
(NAPOLCOM)
•Agency attached to DILG for policy
coordination
•Exercise Administrative control and
Operational Supervision over the PNP
•DILG Sec. shall be the ex-officio Chairperson
of the Commission
•Consist of a Chairperson, 4 regular
commissioner (at least one woman) Chief
PNP as ex officio member (6 years term
without reappointment)
•3 from the 4 commissioner shall come from the
civilian sector and not a former member of
police/military
•The 4th regular commissioner shall come from the
law enforcement sector, either active or resigned.
Provided, that an active member of the LEA shall
be considered resigned from said agency once
appointed
•From among the 3 regular commissioner from the
civilian sector, Vice Chairperson shall be chosen
•Vice Chairperson shall act as Executive Officer of
the Commission
 Qualification of a Regular
Commissioner of NAPOLCOM
•Citizens of the Philippines
•Lawyers with at least 5 years
experience in handling human rights
cases
•Holder of Master’s Degree in Public
Administration, Sociology,
Criminology, Criminal Justice, Law
Enforcement and other related
disciplines
 Staff Services of NAPOLCOM
❖Planning and Research Service - charged for
overall policy formulation, strategic and operational
planning, management systems or procedures,
evaluation and monitoring of the Commission's
programs, projects and internal operations.
❖Legal Affairs Service - provide the efficient and
effective service as legal counsel
❖Crime Prevention and Coordination Service -
undertake criminological researches and studies;
formulate a national crime prevention plan.
❖Personnel and Administrative Service -
administer the entrance and promotional
examinations for policemen
❖Inspection, Monitoring and Investigation
Service - conduct continuous inspection and
management audit of personnel, facilities and
operations.
❖Installations and Logistics Service - formulate
policies and procedures regarding acquisition,
inventory, control, distribution, maintenance and
disposal of supplies
❖Financial Service - provide the Commission with
staff advice and assistance on budgetary and
financial matters
 The Philippine National Police
PNP Vision – “Imploring the aid of the
Almighty, by 2030, we shall be a highly capable,
effective and credible police service working in
partnership with a responsive community
towards the attainment of a safer place to live
work and do business.”
PNP Mission – “The PNP shall enforce the law,
prevent and control crimes, maintain peace and
order, and ensure public safety and internal
security with the active support of the
community.”
Organization and Composition of the PNP
•Headed by a Chief and assisted by two
Deputy Chief:
✓Deputy Chief for Administration
✓Deputy Chief for Operation
•No officer who is retirable within 6 months
shall be appointed as Chief
Manning Level
1:500 nationwide average
1:1000 minimum police to population ration
•The Chief Directorial Staff and twelve
(12) Directorial Staffs with the support of
eleven (11) Administrative and twelve
(12) Operational Units and seventeen
(17) Police Regional Offices (PROs)
nationwide corresponding to the regional
subdivisions of the country to include the
NCRPO, PROs 1, 2, 3, 4A
(CALABARZON), 4B (MIMAROPA),
5, 6, 7, 8, 9, 10, 11, 12, 13 (CARAGA),
CAR and ARMM.
It was on September 1, 2002 that
PRO 4 was subdivided into PRO 4A
(CALABARZON), which has
jurisdiction over the provinces of
Cavite, Laguna, Batangas, Rizal and
Quezon, and PRO 4B
(MIMAROPA), which has
jurisdiction over the provinces of
Mindoro, Marinduque, Romblon and
Palawan.
 DIRECTORIAL STAFF OF PNP
oDirectorate for Personnel and Records Management
oDirectorate for Intelligence
oDirectorate for Operation
Directorate for Integrated Police Operations
Directorate for Logistics
Directorate for Plans
Directorate for Comptrollership
Directorate for Police Community Relation
Directorate for Investigation & Detective Management
Directorate for Human Resources & Doctrine
Development
Directorate for Research & Development
Directorate for Information Technology &
Communication Management
Position Rank
Chief of the PNP Director General
Deputy Chief for Administration Deputy Director General
Deputy Chief for Operations Deputy Director General
Chief of the Directorial Staff Deputy Director General
NCR Director Director
Regional Director Chief Superintendent
NCR District Director Chief Superintendent
Provincial Director Senior Superintendent
District Director Superintendent
Chief of Police - Sr.Supt/Supt/Chief.Ins./Sr.Insp
General Qualifications for Appointment in
the PNP
• A citizen of the Philippines;
• A person of good moral conduct;
• Must have passed the psychiatric/psychological,
drug and physical tests to be administered by the
PNP or by any NAPOLCOM accredited
government hospital for the purpose of
determining physical and mental health;
• Must possess a formal baccalaureate degree from
a recognized institution of learning;
• Must be eligible in accordance with the
standards set by the Commission
 Specific Requirement which can
be waived
➢Age – provided not below 20 nor over 35
years old
➢Height – automatically granted to cultural
minorities
➢Weight – to comply within 6 months
➢Educational attainment – provided he/she
possess at least 72 collegiate units but is
given 4 years to obtain degree.
➢Applied only when there is lacking to
meet the quota
➢Under waiver is temporary.
➢PNP members who failed to comply
with specific requirements shall be shall
be dismissed
➢Any PNP member appointed under
waiver program but is dismissed for
failure to comply can re-apply provided
he now possess the minimum
requirements
 Appointment of PNP officers and
members
•PO1- SPO4 – PNP Regional Director
•Inspector to Superintendent – Appointed
by the Chief of the PNP
•Senior Superintendent to Deputy
Director General – Appointed by the
President upon recommendation of the
chief of the PNP
•Director General – Appointed by the
president from among the senior officers
down to the rank of chief superintendent.
 LATERAL ENTRY IN PNP
•In general, all original appointments of
commissioned officers in the PNP shall
commence with the rank of Inspector
•Doctors of medicine, members of the Bar,
and chaplains shall be appointed to the rank
of senior inspector
• Graduates of (PNPA) shall be automatically
appointed to the initial rank of inspector.
•Licensed Criminologists may be appointed to
the rank of inspector to fill up any vacancy
after promotions from the ranks are
completed. (Note: RA11131)
•Philippine National Police Academy
•Created pursuant to sec. 13 of PD 1184
•Primary component of PPSC
•Upon graduates, they will conferred of Bachelor of
Science in Public Safety
•Rank of PNPA cadet is higher than SPO4 but lower
than Inspector
The Police National Training Institute (PNTI)
under the Philippine Public Safety College
(PPSC), is the premier educational institution
for the training, human resource development
and continuing education of all personnel of
the PNP. The Philippine National Police
Academy is also under PPSC. PNTI main
office is stationed at PRO 4 in Canlubang,
Laguna with eighteen (18) Regional Training
Centers nationwide.
Philippine National Police

RA 11279
 Powers and Function (Section 24, RA No.
6975)
•Enforce all laws and ordinances relative to
the protection of lives and properties;
•Maintain peace and order and take all
necessary steps to ensure public safety;
•Investigate and prevent crimes, effect the
arrest of criminal offenders, bring offenders
to justice and assist in their prosecution;
•Exercise the general powers to make arrest,
search and seizure in accordance with the
Constitution and pertinent laws;
• Detain an arrested person for a period not beyond
what is prescribed by law, informing the person so
detained of all his rights under the Constitution;
• Issue licenses for the possession of firearms and
explosives in accordance with law;
• Supervise and control the training and operations of
security agencies and issue licenses to operate
security agencies, and to security guards and private
detectives, for the practice of their professions; and
• Perform such other duties and exercise all other
functions as may be provided by law.
 The Field Training Program
All uniformed members of the PNP
shall undergo a Field Training
Program for twelve (12) months
involving actual experience and
assignment in patrol, traffic, and
investigation as a requirement for
permanency of their appointment
The NAPOLCOM shall administer the
entrance and promotional examinations
of police officers on the basis of
standard set by the commission.
•Police entrance examination – taken
by applicants of PNP
•Police promotional examination –
taken by in service police officers as part
of mandatory requirement for promotion
 Creation of Women’s Desk in all Police
Stations and the Formulation of a Gender
Sensitivity Based Program
•Prioritization of Women for Recruitment – The
PNP shall reserve ten percent (10%) of its annual
recruitment, training, and education quota for
women
•Gender Sensitivity Program – the establishment
of equal opportunities for women in the PNP, the
prevention of sexual harassment in the workplace,
and the prohibition of discrimination on the basis
of gender or sexual orientation.
•Administrative Liability – Any personnel who
shall violate the established rules and regulations
regarding gender sensitivity and gender equality
shall be suspended without pay for not less than
thirty (30) days and shall undergo gender
sensitivity seminar or training
•Non-Prohibition for Promotion – Nothing in
this title shall be construed as a restriction on the
assignment of policewomen to other positions in
the PNP nor shall any provisions of this title be
used for the non-promotion of PNP female
personnel to higher position
 PROMOTION
•Promotion by Virtue of Position
✓PNP personnel designated to any key position whose
rank is lower than that which is required for such position
shall, after six (6) months of occupying the same, be
entitled to a rank adjustment corresponding to the position.
✓Personnel shall not be reassigned to a position calling for
a higher rank until after two (2) years from the date of
such rank adjustment.
✓Any personnel designated to the position who does not
possess the established minimum qualifications therefor
shall occupy the same temporarily for not more than six
(6) months without reappointment or extension.
 Regular Promotion
•Successfully passed the corresponding
promotional examination given by the
Commission, or the Bar, or the corresponding
board examinations for technical services and
other professions;
•Satisfactorily completed the appropriate and
accredited course in the PNPA or equivalent
training institutions;
•Satisfactorily passed the required
psychiatric/psychological and drug tests;
TIME – IN GRADE - number of years required in
holding a rank or grade before promotion.
❖ PO1 – PO2 = 2 YEARS
❖ PO2 – PO3 = 2 YEARS
❖ PO3 – SPO1 = 3 YEARS
❖ SPO1 – SPO2 = 2 YEARS
❖ SPO2 – SPO3 = 2 YEARS
❖ SPO3 – SPO4 = 2 YEARS
❖ SPO4 – INSPECTOR = 3 YEARS
❖ INSPECTOR – SENIOR INSPECTOR = 3 YEARS
❖ SENIOR INSPECTOR – CHIEF INSPECTOR = 3 YEARS
❖ CHIEF INSPECTOR – SUPERINTENDENT = 3 YEARS
❖ SUPERINTENDENT – SENIOR SUPERINTENDENT = 3 YEARS
❖ SENIOR SUPERINTENDENT – CHIEF SUPERINTENDENT = 2 YEARS
❖ POLICE DIRECTOR, DEPUTY DIRECTOR, DIRECTOR GENERAL = CHIEF
SUPERINTENDENT
•The institution of a criminal action or
complaint against a police officer shall not be
a bar to promotion;
•If with probable cause, the concerned police
officer shall be ineligible for promotion. If the
case remains unresolved after two (2) years
from the aforementioned determination of
probable cause, he or she shall be considered
for promotion. If found guilty, said promotion
shall be recalled without prejudice to the
imposition of the appropriate penalties;
If the complaint filed is violation
of human rights, punishable by
reclusion perpetua or life
imprisonment, and the court has
determined that the evidence of
guilt is strong, said police officer
is completely ineligible for
promotion.
 Special Promotion
•Any uniformed member of the PNP who
has exhibited acts of conspicuous courage
and gallantry at the risk of his/her life
above and beyond the call of duty, shall
be promoted to the next higher rank.
Conspicuous courage – clearly
distinguished above others in the
performance of duty.
 Kinds of Appointment
•Permanent – when an applicant
possess the general upgraded
qualifications for appointment in the
PNP
•Temporary – applicant is under the
waiver program
•Probationary – applicant shall
undergo mandatory 1 year
probationary period.
Attrition System
Attrition System
•Attainment of Maximum Tenure in
Position (Section 25, RA No. 8551)
❖Chief PNP – Four (4) years
❖Deputy Chief – Four (4) years
❖Director of the Staff Services – Four (4)
years
❖Regional Directors – Six (6) years
❖Provincial/City Directors – Nine (9)
years
•Attrition by Relief – those who has been
relieved for just cause and has not been given
an assignment within two (2) years after such
relief shall be retired or separated.
•Attrition by Demotion in Position or Rank
– those who is relieved and assigned to a
position lower than what is established for his
or her grade in the PNP staffing pattern and
who shall not be assigned to a position
commensurate to his or her grade within
eighteen (18) months after such demotion in
position shall be retired or separated
•Attrition by Non-Promotion – who has not been promoted
for a continuous period of ten (10) years shall be retired or
separated.
Attrition by Other Means – A PNP member or officer with
at least five (5) years of accumulated active service shall be
separated based on any of the following factors:
•Inefficiency based on poor performance during the last two
(2) successive annual rating periods;
•Inefficiency based on poor performance for three (3)
cumulative annual rating periods;
•Physical and/or mental incapacity to perform police
functions and duties; or
•Failure to pass the required entrance examinations twice
and/or finish the required career courses except for
justifiable reasons.
 •Uniformed Personnel Missing in Action
•Any uniformed personnel who while in the performance of duty or
by reason of his being an officer or member of the PNP is officially
confirmed missing in action, kidnapped or captured by lawless
elements shall, while so absent, be entitled to receive or to have
credited to his account the same pay and allowances to which such
officer or uniformed member was entitled at the time of incident.
•The compulsory retirement of a person missing in action shall be
processed to allow the members of the next kin to enjoy the
retirement benefits.
•In case any uniformed personnel has been officially confirmed as
missing in action, the C, PNP shall direct payment of the absent
uniformed personnel’s monthly salary and allowances and other
emoluments pertinent thereto his/her heirs for their support for a
maximum of one (1) year from the date of commencement of absent
or when last heard from as those kidnapped or captured by lawless
elements
 RETIREMENT
The separation of the PNP personnel from
the service by reason of age as provided by
law, or upon completion of certain number
of years in active service.
•PNP personnel shall retire next higher rank
for the purpose of retirement pay.
KINDS OF RETIREMENT
•Compulsory – upon reaching the age of 56
•Optional – upon completion of 20 years
•Monthly retirement pay shall be 50% of
the base pay in case of 20 years active
service, increasing by 2.5 % for every
year of active service rendered beyond 20
years.
•Retirement due to Permanent Physical
Disabilities – entitled to 1 year salary and
to a lifetime pension equivalent to 80% of
his last salary, in addition to other
benefits.
 Participation of Local Chief Executives in Police
Administration
Refers to the power to direct, superintend, and
oversee the day-to-day functions of police
investigation of crime, crime prevention activities,
and traffic control in accordance with the rules and
regulations promulgated by the Commission. It shall
also include the power to direct the employment and
deployment of units or elements of the PNP, through
the station commander, to ensure public safety and
effective maintenance of peace and order within the
locality. (operational supervision and control)
Refers to the orderly organized and
physical movement of elements or units
of the PNP within the province, city or
municipality for purposes of employment
(Deployment)
Refers to utilization of units or elements
of the PNP for purposes of protection of
lives and properties, enforcement of laws,
maintenance of peace and order,
prevention of crimes(Employment
 Participation of Local Chief Executives in
Police Administration
Governors and mayors shall be deputized as representatives
of the NAPOLCOM in their respective territorial
jurisdiction.
•Provincial Governor
✓Power to choose the Provincial Director from a list of
three (3) eligible recommended by the PNP Regional
Director
✓Overseeing (as Chairman Provincial POC) the Provincial
Public Safety Plan Implementation
•City and Municipal Mayors
✓ Operational and Supervision Control, except during thirty
(30) days before and after elections;
✓ Chairman of Integrated Community Safety Plans;
•Administrative Disciplinary Powers;
•other powers:
✓authority to choose the Chief of Police from a list of five
(5) eligibles recommended by the Provincial Police
Director;
✓authority to recommend the transfer, reassignment or
detail of PNP members outside of their respective city or
town residences; and
✓authority to recommend from a list of eligibles
previously screened by the peace and order council, the
appointment of new members of the PNP to be assigned to
their respective cities or municipalities without which no
appointment shall be attested
✓Control and supervision of anti-gambling operations
 SUSPENSION, WITHDRAWAL OF
DEPUTATION
•President may, upon consultation with the
provincial governor or congressman concerned,
suspend the power of operational supervision
and control of any local executive for any of the
ff. grounds:
➢Frequent unauthorized absences
➢Abuse of authority
➢Providing material support for criminal
elements
➢Engaging in acts inimical to national security
 Sample Question
A disciplinary measure that may be imposed by the Chief,
PNP, 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?
a. Preventive Imprisonment
b. Restrictive Custody
c. Subsidiary Penalty
d. Preventive Suspension
The Chief of the PNP has the authority to
place police personnel under restrictive
custody during the pendency of a grave
administrative or criminal case against
him.
 Office of the Ombudsman (OMB)
• Republic Act No. 1379 (An Act
Declaring Forfeiture in Favor of the
State Any Property Found to Have Been
Unlawfully Acquired By Any Public
Officer or Employee and Providing the
Proceedings Thereof)
• Violation of Republic Act No. 3019
• Violation of Sections 7, 8 and 9 of
Republic Act No. 6713
• Plunder under Republic Act No. 7080
• Violation of Republic Act No. 9184
(Government Procurement Reform Act)
• Violation of Republic Act No. 9485
(Anti-Red Tape Act of 2007)
• Bribery under Section 2, Chapter Two
and Malversation under Chapter Four of
Title VIl, Book Il of the Revised Penal
Code, as amended; and
• Violation of other graft laws
• NAPOLCOM shall have primary
jurisdiction over grave
administrative cases defined and
penalized under these Rules.
• MEMORANDUM
CIRCULAR NO. 2016-002
• The PNP shall have primary jurisdiction over
administrative cases against officers and
members of the PNP for acts and omissions
constituting breach of internal discipline or
minor offenses defined under R.A. 6975 as
amended by R.A. No. 8551, violation of the
Civil Service Law and its Implementing
Rules and Regulations or PNP policies such
as, but not limited to those relating to
efficiency in the performance of official
duties and responsibilities.
 Sample Question
After the formal charge is filed, a respondent
who is a presidential appointee can only be
subjected to summary proceeding after a
clearance for such purpose is obtained from
the?
a. PLEB
b. DILG Sec.
c. NAPOLCOM
d. Office of the President.
• Citizen's Complaints. — Any
complaint by a natural or
juridical person against any
member of the PNP shall be
brought before the following:
• Chief of Police 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 fifteen (15) days;
• City/Municipa Mayor 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; and
• People's Law Enforcement Board 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.
 Sample Question
Any offense committed by a member of
the PNP involving "minor offense“
affecting the order and discipline within
the police organization?
a. Minor offense
b. Moonlighting
c. Administrative offense
d. Breach of internal discipline
• Chiefs of Police or Equivalent Supervisors, where
the imposable penalty is admonition; 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 fifteen (15)
days;
• Provincial Directors or Equivalent Supervisors,
where the 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;
• Regional Directors or Equivalent Supervisors where the
imposable penalty is dismissal from the service;
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
• Chief of' the PNP where the imposable penalty is
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 a grave administrative or criminal case against him.
For purposes of these Rules, the following
are considered equivalent supervisors:
Chief of Police
•Chief, Provincial Public Safety Company
•Chief, District Public Safety Battalion
•Chief, Police Station of Manila Police District and
Quezon City Police District
Provincial Director
•Director, City Police Office of Highly Urbanized
or Chartered Cities
•Chief, Regional Public Safety Battalion
•Chief, Regional Administrative Support Unit
•Chief, Regional Operational Support Unit
 Regional Director
•Director, Police District Office, National
Capital Region Police Office
•Director, National Administrative Support
Unit
•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.
 Sample Question
The following shall have summary
dismissal over the PNP Officer, except?
a. PNP Chief
b. NAPOLCOM
c. Regional Director
d. Internal Affair Service
Summary Dismissal Case. - Summary dismissal case is one
where the maximum penalty imposable is dismissal from
the service.
• When the charge is serious and evidence
of guilt is strong;
• 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.
• Recidivist - previously penalized for a grave administrative
offense and is again charged of another or the same grave
administrative offense.
• Repeatedly Charged - is formally charged administratively
of a less grave or light offense for at least 3 times and was
found culpable in any one of them.
• When the respondent is guilty of a serious
offense involving conduct unbecoming of a
police officer; and
• 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 for
Serious Neglect of Duty arising from absence
without leave (AWOL) and vice versa.
INTERNAL AFFAIRS SERVICE (IAS)

•Fidel V. Ramos signed into

law R.A. 8551 (IAS)
•Upon assumption to office of
President Joseph Ejercito
Estrada in 1998, Atty. Alexis
C. Canonizado, was
appointed as the first
Inspector General on July 1,
1998.
POWER AND FUNCTION OF
IAS
1.Pro-actively conduct inspections
and audits on PNP personnel and
units;
2.Investigate complaints and gather
evidence in support of an open
investigation;
3.Conduct summary hearings on
PNP members facing
administrative charges;
4. submit a periodic report on the
assessment, analysis, and evaluation of
the character and behavior of PNP
personnel and units to the Chief PNP
and the Commission;
5. file appropriate criminal cases against
PNP members before the court as
evidence warrants and assist in the
prosecution of the case;
6. provide assistance to the Office of the
Ombudsman in cases involving the
personnel of the PNP.
Cases where automatic investigation is
conducted by IAS
1. Police personnel discharges a firearm;
2. Death, serious physical injury, or any
violation of human rights occurred
3. Evidence was compromised, tampered with,
obliterated, or lost while in the custody of
police personnel;
4. Suspect in the custody of the police was
seriously injured; and
5. Rules of engagement have been violated.
 Organization of the IAS
•Headed by Inspector General (Civilian) who
is appointed by the president upon
recommendation of the Chief PNP (He shall
be assisted by Deputy Inspector General)
•National, regional, and provincial offices of
the Internal Affairs shall be established.
•Regional offices shall be headed by Director
•Provincial Office shall be headed by
superintended
 Sample Question
Complaint against the IAS shall
be brought to the?
a.Office of the President
b.Office of the PNP Chief
c.Office of the Inspector General
d.All of the above
 Career Development and
Incentives
•IAS personnel shall be granted
occupational specialty pay which
shall not exceed 50% of his base pay.
•IAS personnel shall also have
priorities in the qouta allocation for
training and education.
 Inclusion of Supervisor and
Superiors
Immediate superior or supervisor of
the personnel or units being
investigated under Section 1 hereof
shall be automatically included in the
investigation of the IAS to exclusively
determine lapses in administration or
supervision.
• Recommendations by the IAS
for the imposition of disciplinary
measures against uniformed
member of PNP, once final,
cannot be revised, set-aside, or
unduly delayed by any
disciplining authority without
just cause.
• Appeals from IAS Resolution Dismissing an
Administrative Complaint. - Resolutions of the
Provincial IAS dismissing an administrative
complaint shall be forwarded to the Regional IAS
for review
• While decisions of the Regional IAS dismissing
the administrative case may be appealed to the
Inspector General.
• Decisions of the Inspector General affirming the
resolutions of Regional IAS dismissing an
administrative complaint shall be appealed to the
National Appellate Board.
 Regional Appellate Board
• Decisions of city/municipal Mayors
and the Chiefs of Police in the
exercise of their disciplinary powers.
• Decisions of the PLEB or the PNP
Regional Director.
• Decisions of the PNP Regional
Director or equivalent supervisor.
 National Appellate Board
• Decisions of the Chief of the PNP where
the penalty imposed is demotion or
dismissal from the service;
• Decisions of the Inspector General
affirming the Resolution of the regional
IAS or the Prosecution Division of the
National IAS dismissing the complaint for
lack of probable cause.
• Decisions of the RAB and the
NAB may be appealed to the
Secretary of the Department of
the Interior and Local
Government.
• Appellate Jurisdiction of the Civil Service
Commission. 'The following are appealable to
the Civil Service Commission (CSC):
• Decisions of the DILG Sec. in the exercise of his
appellate jurisdiction except Decisions of the
NAB affirming the resolution of the National IAS
dismissing the complaint for lack of probable
cause.
• Decisions of the NAPOLCOM en banc as
summary dismissal authority except Decisions
approving the dismissal of the complaint for lack
of probable cause.
• Preventive Suspension of the Respondent by the
Disciplinary Authority or 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 submission of the complainant's
position paper or conduct of clarificatory hearing, place
the respondent/s on preventive suspension for a period
not exceeding ninety (90) days under the following
circumstances:
• That the charge is serious or grave and the evidence of
guilt is strong; or
• 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 the complaint or retracting the sworn
statement 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 by the PLEB:
• When the respondent refuses to heed the PLEB Is
summons or subpoena;
• When the PNP personnel is charged with offenses
involving bodily harm or grave threats;
• When the respondent is in a position to tamper with the
evidence; and
• When the respondent is in a position to unduly influence
the witnesses.
• Any superior who fails to act on any request for
preventive suspension without valid grounds shall be held
administratively liable for serious neglect of duty.
• Motion for Reconsideration on the Order
of Preventive Suspension. - The
respondent/s may file a motion for
reconsideration with the Disciplinary
Authority within five (5) days from
receipt of a copy of the order of
preventive suspension anchored on the
ground that the order is not supported by
any of the circumstances enumerated in
Sections 1 and 2 of this Rule.
•End