Republic of the Philippines

Department of Interior and Local Government

NATIONAL POLICE COMMISSION
Makati City
MEMORANDUM CIRCULAR NO. 2002-010
REVISED RULES OF PROCEDURE IN THE HEARING AND
ADJUDICATION
OF
CITIZENS
COMPLAINTS
AGAINST
UNIFORMED MEMBERS OF THE PHILIPPINE NATIONAL POLICE
(PNP) BEFORE THE PEOPLES LAW ENFORCEMENT BOARD
(PLEB)
WHEREAS, Section 43 of Republic Act Numbered 6975
otherwise known as the Department of the Interior and
Local Government Act of 1990 provided for the creation of
Peoples Law Enforcement Boards in every city/municipality
to conduct hearing and adjudication of citizens complaints
against uniformed members of the Philippine National Police
(PNP) for offenses committed in their area of jurisdiction;
WHEREAS, the Commission promulgated Memorandum
Circular No. 91-002 establishing the procedure in the
investigation and hearing of administrative complaints
before the PLEB against uniformed members of the PNP;
WHEREAS, on March 6, 1998 Republic Act Numbered 8551
otherwise known as thePNP Reform and Reorganization Act
of 1998 took effect amending, among others, Section 43 of
R.A. 6975 in order to further strengthen the PLEB;
WHEREAS, there is a need to revise the existing rules of
procedure embodied in Memorandum Circular No. 91-002 in
conformity with the amendments brought about by R.A.
8551.
NOW THEREFORE, the Commission HEREBY RESOLVED TO
REVISE as it hereby REVISES the Rules of Procedure in the
hearing and adjudication of citizens complaints before the
PLEB against uniformed members of the PNP, to wit:

RULE 1
GENERAL PROVISIONS
Section 1. Definition of Terms. The relevant terms as
used in these Rules shall be understood to mean as follows:
a) Administrative due process the right of a party
interested or affected to notice and hearing to enable him to
present his side and submit evidence in support thereof. In
essence, due process pertains to the opportunity of the party
impleaded to be heard.
b) Affidavit a written declaration or statement of facts,
made voluntarily under oath or affirmation before an officer
authorized to administer such oath or affirmation.
c) Answer a responsive pleading containing
respondents negative and affirmative defenses.

the

d) Breach of Internal Discipline any offense committed by a

uniformed member of the PNP involving and affecting order
and discipline within the police organization.
e) Citizens Complaint a formal charge initiated by a
natural or juridical person of his/its duly authorized
representative or guardian on account of an injury, damage
or disturbance sustained as a result of an irregular or illegal
act or omission of a member of the PNP.
f) Civic Duty an obligation or service pertaining to a citizen
as member of the community.
g) Commission refers to the National Police Commission.
h) Complaint a written and sworn statement regarding a
wrong, grievance or injury sustained by a person.
i) Complainant one who has initiated a complaint or charge
against another either as private individual or an officer who,
by reason of his office or position, is required or authorized
to institute or file an administrative complaint.
j) Decision a written disposition of a case personally and
directly prepared and signed by the members of the PLEB
stating clearly the findings of facts and the law applicable
thereto. It shall also include a finding of exoneration or
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culpability of the respondent with the corresponding penalty

in case of the latter.
k) Error of law a misapplication of law by the Board hearing
the case.
l) Exoneration the finding made by the PLEB that
respondent is not culpable of the charge.
m) Findings of fact(s) the determination by the PLEB of an
issue of fact after an evaluation of the evidence submitted in
the case.
n) Forum Shopping the practice of filing several complaints
arising from one and the same cause of action and involving
the same parties with the different disciplinary authorities.
o) Habituality is a circumstance where the offender has
been previously punished for an administrative offense to
which the law attaches an equal or greater penalty or for two
or more administrative offenses to which it attaches a lighter
penalty.
p) Jurisdiction the authority vested by law to hear and
decide a case.
q) Material Evidence is that evidence which is relevant and
goes to the substantial matter in dispute, or has a legitimate
and effective influence or bearing on the decision in the
case.
r) Newly Discovered Evidence that evidence which could
not have been discovered and produced during the hearing
of the case despite due diligence, and if presented, would
probably alter the decision.
s) Quorum it refers to the number necessary to do
business, which in this case, is the presence of the majority
of the PLEB members.
t) Regional Appellate Board an appellate body organized in
different administrative regions of the country tasked to
decide appeals on (1) decisions of the PLEB where the
penalty imposed is demotion or forced resignation or
dismissal from the service; (2) decisions of the PNP Regional
Director where the penalty imposed is demotion or dismissal
from the service; (3) decisions of city or municipal mayors in
cases falling within their respective jurisdiction; and, (4)

decisions of Napolcom Regional Directors with respect to

claims for police benefits.
u) Reglementary Period the period required by law to
perform a specific act. In the computation of the period of
time, the first day shall be excluded and the last day
included unless it be a Saturday, a Sunday or a legal holiday,
in which case the period shall run until the end of the next
day which is neither a Saturday, a Sunday or a legal holiday.
v) Relevant Evidence having any value in reason as tending
to prove any matter provable (sic) in an action. Evidence is
relevant when it tends to prove or disprove the issue or
issues outlined in the pleading of the parties.
w) Service the execution of a writ or process.
x) Subpoena a process directed to a person requiring him
to attend and to testify at the hearing before the PLEB.
y) Subpoena Duces Tecum a process that requires a person
to bring with him any book, document, or thing under his
control at the scheduled hearing before the PLEB.
z) Substantial Evidence such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion.
aa) Summary Proceeding an abbreviated administrative
proceeding conducted consistent with due process to
determine the culpability or innocence of the respondent.
bb) Summons a written order informing the respondent
that he is charged of an offense and directing him to file his
answer and other responsive pleadings.
Sec. 2. Nature of Proceedings. The hearing is summary in
nature and shall not be governed strictly by the technical
rules of procedure. However, the proceedings must be
consistent with the principles of administrative due process.
Sec. 3. Solemnity of Proceedings. The hearing shall be
conducted with solemnity. The chairman and members shall
comport themselves with proper decorum, impartiality and
dignity befitting their office. They shall always bear in mind
that the PLEBs duty is to determine the facts of the case as
presented by the party litigants, judiciously evaluate the
evidence adduced and, thereafter, arrive at a fair and just
decision.
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Sec. 4. Effect of the Criminal Case to Administrative Action

A criminal case is separate and distinct from the
administrative case. Accordingly, an acquittal from or
dismissal of the criminal case shall not affect the
administrative case unless such acquittal or dismissal arose
from a declaration by the Court that the accused did not
commit the crime.

RULE II
CREATION, FUNCTION, COMPOSITION, TERM OF
OFFICE AND QUORUM
Section 1. Creation. The Sangguniang Panlungsod/Bayan in
every city and municipality shall create such number of
Peoples Law Enforcement Boards (PLEBs) as may be
necessary: Provided, That there shall be at least one (1) PLEB
for every five hundred (500) city or municipal police
personnel and for each of the legislative districts in a city.
Sec. 2. Functions, Powers and Duties. The PLEB shall have
the power to hear and adjudicate all citizens complaints
formally filed with, or referred to it, against any uniformed
member of the PNP, and, if warranted, impose the
corresponding penalty.
In the exercise of its functions, the PLEB, acting through its
chairman, is empowered to administer oaths, summon
witnesses, require the production of documents, records,
books, or other things by a subpoena duces tecum and issue
other processes as may be necessary.
Sec. 3. Composition. The PLEB shall be composed of the
following:
a) Any member of the Sangguniang Panlungsod/Bayan
chosen by his/her respective sanggunian;
b) Any punong-barangay of the city or municipality
concerned chosen by the Liga ng mga Barangay; and
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c) Three (3) other members who are removable only for

cause to be chosen by the local peace and order council
from among the respected members of the community
known for their probity and integrity, one (1) of whom must
be a woman and another, a member of the Bar, or in the
absence thereof, a college graduate, or, the principal of the
central elementary school in the locality.
The Chairman of the PLEB shall be elected from among its
members.
Membership in the PLEB constitutes a public office, as such a
public official or employee is disqualified for appointment or
designation as member thereof unless allowed by law or by
the primary functions of his office.
Applying the provisions of Article 152 Chapter IV, Title III,
Book II of the Revised Penal Code, the members of the PLEB
are considered persons in authority.
Sec. 4. Executive Order Constituting the PLEB. Upon
enactment
of
a
resolution
by
the
Sangguniang
Panlungsod/Bayan formally organizing the members of the
PLEB, a copy thereof shall immediately be submitted to the
City/Municipal Mayor who shall, within five (5) days from
receipt thereof, issue the appropriate executive order
adopting the resolution of the Sanggunian concerned.
Sec. 5. Oath of Office. Before assuming the duties of their
office, the chairman and members of the PLEB shall take the
oath or affirmation before an administering officer, a copy of
which shall be filed with the office of the National Police
Commission in the region where the PLEB is situated. The
oath shall read:
I, _____________________________, do solemnly
swear/affirm
that
I
will
faithfully
and
conscientiously
discharge
my
duties
as
Chairman/Member
of
the
Peoples
Law
Enforcement Board in the City/Municipality of
_____________________________________; that I will
perform the duties imposed upon me in
accordance with the pertinent provisions of law
and the rules and regulations promulgated
pursuant thereto; that having in view the best
interest of the police service, I will administer
justice without partiality, favor or affection; that I
6

will keep the deliberations of the Board with

strictest secrecy and confidence; and that I
impose these obligations upon myself voluntarily,
without mental reservation or purpose of
evasion. SO HELP ME GOD.
Sec. 6. Term of Office. The term of office of the members of
the PLEB shall be for a period of three (3) years from
assumption of office. Such member shall hold office until
his/her successor shall have been chosen and qualified.
The tenure of office of a PLEB member who has been
designated as such by virtue of his election to the
Sangguniang Panlungsod/Bayan or his membership with the
Association of Barangay Captains ends upon the expiration
of his term of office as Sangguniang Panlungsod/Bayan
member or as Barangay Chairman. If reelected, and
subsequently redesignated to the PLEB, he must take a new
oath of office.
Sec. 7. Compensation. Membership in the PLEB is a civic
duty. However, PLEB members shall be paid per diem and
shall be provided with life insurance coverage as may be
determined by the sangguniang panlungsod/bayan from the
city or municipal funds. The Department of the Interior and
Local Government (DILG) shall provide for the per diem and
insurance coverage of PLEB members in certain low-income
municipalities.
Sec. 8. Budget Allocation. The annual budget of the Local
Government Units (LGUs) shall include an item and the
corresponding appropriation for the maintenance and
operation of their local PLEB(s).
Sec. 9. Quorum. The presence of the majority of all the
PLEB members shall constitute a quorum.
If for any reason, the chairman is unable to attend a meeting
or is disqualified from participating therein, the members
shall elect from themselves a temporary chairman to
perform the duties appurtenant thereto.
When a PLEB member, after sufficient notice, fails or refuses
to attend the hearings and/or deliberations thereof without
any valid and justifiable reason and the Board could not
proceed for lack of quorum, the Chairman or the designated
7

presiding
officer
may
request
the
Sangguniang
Panlungsod/Bayan or the Liga ng mga Barangay or the
City/Municipal Peace and Order Council concerned to
designate a temporary representative therein in order to
attain the required quorum; Provided That, such temporary
representative shall act as such only for the specific case.
Sec. 10. Disqualification by Reason of Affinity or
Consanguinity. Any member of the PLEB who is related to
the complainant or respondent by affinity or consanguinity
within the fourth civil degree shall be disqualified from
participating in the proceeding and the case shall be tried by
the remaining members: Provided, That there is sufficient
number to constitute a quorum. In the event that the PLEB
could not proceed with the hearing for lack of quorum, the
Peace
and
Order
Council,
or
the
sangguniang
panlungsod/bayan, or the Liga ng mga Barangay of the
city/municipality concerned shall appoint temporary
member/s to hear and decide the specific case only.

RULE III
VENUE AND JURISDICTION OVER CITIZENS
COMPLAINT
Section 1. Venue. The PLEB shall be the central receiving
entity for any citizens complaint against a uniformed
member of the PNP. As such, every citizens complaint,
regardless of the imposable penalty for the offense alleged,
shall be filed with the PLEB of the city/municipality or
legislative district where the offense was allegedly
committed.
Upon receipt and docketing of the complaint, the PLEB shall
immediately determine whether the offense alleged therein
is grave, less grave or minor. If the PLEB finds that the
offense alleged is minor, it shall refer the complaint to the
Chief of Police or Mayor, as the case may be, of the city or
municipality where the PNP member is assigned within three
(3) days upon the filing thereof. Should the PLEB find that
the offense alleged is grave or less grave, it shall take
8

cognizance of the case and accordingly serve summons

upon the respondent within three (3) days from receipt of
the complaint.
If the city or municipality where the offense was committed
has no PLEB, the citizens complaint shall be filed with the
regional or provincial office of the Commission nearest the
residence of the complainant.
Complaints involving breach of internal discipline as defined
in Section 1(d) Rule 1 of these Rules shall be filed with the
proper PNP disciplinary authority pursuant to Section 41(b)
of R.A. No. 6975 as amended.
Sec. 2. Jurisdiction over Citizens Complaint. The following
shall have jurisdiction over citizens complaint:
a) Chiefs of Police, where the offense charged is punishable
by withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination
thereof, for a period not exceeding fifteen (15) days.
b) Mayors of cities or municipalities, where the offense
charged is punishable by withholding of privileges, restriction
to specified limits, suspension or forfeiture of salary, or any
combination thereof, for a period of not less than sixteen
(16) days but not exceeding thirty (30) days;
c) Peoples Law Enforcement Board, where the offense
charged is punishable by withholding of privileges, restriction
to specified limits, suspension or forfeiture of salary, or any
combination thereof, for a period not exceeding thirty (30)
days; or dismissal, forced resignation or demotion of rank.
The jurisdiction of the PLEB to hear and decide citizens
complaint pertains to complaints of private individuals
against PNP men and not by PNP men against their comembers or officers in a professional capacity, except, when
they filed such a complaint in their private capacity and not
as members of the PNP.
Sec. 3. Principle of Exclusivity. A complaint or a charge filed
against a PNP member shall be heard and decided
exclusively by the disciplinary authority who first acquired
original jurisdiction over the case, notwithstanding the
existence of concurrent jurisdiction as regards the offense:
Provided, That offenses which carry higher penalties referred

to a disciplinary authority shall be forwarded to the

appropriate authority which has jurisdiction over the offense.
Sec. 4. When Respondent is a Presidential Appointee. All
uniformed police officers, who are presidential appointees,
may be suspended or removed from office only for cause
and by order of the President. Administrative cases involving
such officers shall be investigated by the PLEB in accordance
with the procedure prescribed under these Rules after prior
clearance from the President, through the Executive
Secretary, pursuant to Presidential Memorandum Order No.
41 dated November 7, 2001. The Report of Investigation of
the PLEB shall be submitted to the Office of the President,
through the Commission, for disposition.
RULE IV
PROCEDURE
Section 1. Complaint. All proceedings must be
commenced by a complaint in writing and signed under
oath, by the aggrieved party or his/its duly authorized
representative or guardian against any member of the PNP
who appears to be responsible for the administrative offense
charged.
Said complaint shall be filed in at least three (3) copies
with the Office of the PLEB of the city/municipality where the
offense was committed.
Sec. 2. Formal Requirements of a Complaint. The
Complaint shall be drawn in clear, simple, brief and concise
language and must contain the name of the respondent, his
rank and address, the designation of the offense complained
of, the place, date and time of commission of the offense,
and a brief statement of relevant and material facts.
Sec. 3. Prohibition Against Forum Shopping or Multiple
Filing of Complaints. To avoid multiplicity of suits for the
same cause of action, the complainant shall certify under
oath in his pleading, or in a sworn certification annexed
thereto and simultaneously filed therewith, to the truth of
the following facts and undertakings:
a) That he/she has not filed or commenced any other action
or proceeding involving the same in other disciplinary forum;
10

b) That to the best of his/her knowledge, no such action or

proceeding is pending in other police administrative
disciplinary authority;
c) That if there is any such action or proceeding which is
either pending or may have been terminated, he/she must
state the status thereof; and
d) That if he/she should thereafter learn that a similar action
or proceeding has been filed or is pending before any other
police disciplinary authority, he/she undertakes to report
such fact within five (5) days therefrom to the disciplinary
authority wherein the original complaint or pleading and
sworn certification contemplated herein have been filed.
Sec. 4. Notice. Within three (3) days upon receipt of
the complaint, the PLEB shall furnish a copy thereof to the
respondent, directing him/her to submit his/her answer
thereto within five (5) days from receipt thereof, together
with whatever documentary evidence he/she may have in
support of the defense.
Sec. 5. Answer. The answer shall be in writing, under
oath and must contain material facts, which may either be a
specific denial or affirmation of the allegations in the
complaint. It shall be accompanied by documentary or other
evidence, if there be any, in support of the defense, copy
furnished the complainant. It shall also contain a list of
witnesses and their individual addresses.
The answer shall be filed in at least three (3) copies
either personally or by registered mail. The answer is
deemed filed on the date and hour of receipt stamped by the
post office on the envelope, if filed by registered mail. Said
envelope shall be kept and made an integral part of the
records of the case.
No motion to dismiss, motion for bill of particulars or
any other interlocutory motion shall be allowed hence, filing
of the same shall not interrupt the running of the
reglementary period for filing an answer.
Sec. 6. Effect of Failure / Refusal To File Answer.
Failure of the respondent to file an answer within the
reglementary period shall be considered as a general denial
of the charges.

11

Sec. 7. Effect of Admission By Respondent. When the

respondent in his answer admits his culpability to the
charge, the PLEB shall, nonetheless, proceed with the
hearing in order to determine the degree of his
responsibility, and the appropriate penalty to be imposed.
Sec. 8. Pre-Hearing Conference. Within five (5) days
from receipt of the answer, the PLEB shall summon the
parties to a pre-hearing conference for the purpose of: a)
defining and simplifying the issues of the case; b) entering
into admissions and/or stipulation of facts; c) limiting the
number of witnesses to be presented; d) scheduling the
dates of hearing; and e) threshing out all other matters
relevant to the case.
The conference shall be completed in one (1) day and
the proceedings thereof shall be duly recorded and signed by
the parties and/or counsels. Where the parties are
represented by counsel, the latter shall be made to sign
and/or file a certificate of readiness to appear at the
scheduled hearings. In said certification, the date of hearing
agreed upon by both counsels shall be strictly followed to
avoid unnecessary delay in the proceeding.
In no circumstance shall there be an amicable
settlement of the case.
Sec. 9. Hearing Proper. Within five (5) days from the
termination of the conference, the PLEB shall proceed with
the formal hearing of the case.
The parties and their witnesses shall be duly notified of
the scheduled hearing at least three (3) days before the date
thereof, specifying the date, time, and place of hearing.
At the start of the hearing, the Chairman of the PLEB
shall ask for the appearance of the parties and inquire if they
are ready to proceed with the presentation of their evidence.
Sec. 10. Order of Hearing. The order of the hearing
before the PLEB shall be as follows:
a) The complainant shall adduce evidence with proper
identification and marking thereof of his exhibits;
b) The respondent shall then present evidence in support of
his defense with proper identification and marking thereof of
his exhibits;
12

c) The proceedings being summary in nature, direct

examination of witnesses shall be dispensed with and the
sworn statements/affidavits of witnesses, after proper
identification and affirmation on the truth of the contents
thereof, shall take the place of their oral testimony;
d) Clarificatory examination, if requested by either party,
shall be confined strictly to material and relevant matters
and, insofar, as may be compatible with the ends of justice,
shall be limited to not more than fifteen (15) minutes.
Prolonged argumentation and other dilatory proceedings
shall not be entertained.
Sec. 11. Proceedings In the Absence of Counsel. If
the respondent at the start of the proceedings appears
without any counsel, the chairman of the PLEB shall inform
him/her of his/her right to avail of one if he/she desires.
Respondent may, however, waive this right expressly or
impliedly. However, the hearing shall proceed as scheduled
in spite of absence of one or both counsel.
In such cases, it shall be incumbent upon the PLEB to
propound questions, interrogate witnesses and examine
material and relevant evidence which are necessary in the
determination of the issues and in arriving at a just and fair
conclusion.
Sec. 12. Postponement. Postponement of hearing
should be discouraged and shall be allowed only in
meritorious cases, such as illness of a party or his/her
counsel and/or other similar unavoidable causes. A request
for postponement on the ground of illness shall be supported
by a duly sworn medical certificate.
Regardless of the ground invoked, not more than two
(2) postponements shall be granted. Accordingly, the next
scheduled hearing shall proceed as scheduled.
Sec. 13. Request for Preventive Suspension. The
PLEB may ask any authorized superior to place under
preventive suspension a subordinate police officer who is the
subject of a complaint. In the following cases the superior
officer shall not deny a request for preventive suspension:
a) when the respondent refuses to heed the PLEBs
summons or subpoena;

13

b) when the PNP personnel has been charged with offenses

involving bodily harm or grave threats;
c) when the respondent is in a position to tamper with the
evidence; and
d) when the respondent is in a position to unduly influence
the witnesses.
The period of preventive suspension shall not exceed
ninety (90) days. Upon the expiration thereof, the
suspended respondent PNP member shall be automatically
reinstated without prejudice to the continuation of the
proceedings against him.
While under preventive suspension, respondent shall
not receive his salary and other benefits. However, in case
of exoneration, respondent shall be reinstated with full
payment of back salaries and such emoluments, which he
failed to receive during such suspension.
The preventive suspension herein imposed shall not
form part of the penalty of suspension should the respondent
be found culpable, except when it is so stated in the decision
of the PLEB.
Sec. 14. Prohibition of Reassignment of Respondent
During the Pendency of an Administrative Case. A
respondent PNP member shall not be reassigned or
transferred from one city/municipal police station to another,
or to any place beyond the jurisdiction of the PLEB during
the pendency of the case, unless the PLEB concerned
certifies that the presence of the respondent is no longer
required. For this purpose, the PLEB shall notify the
immediate superior of respondent of the pending case.
Sec. 15. Effect of Failure / Refusal / Desistance of
Complainant to Prosecute. The failure/refusal/desistance of
the complainant and/or his/her witnesses to appear and to
prosecute the case during the hearing, despite due notice,
shall be a sufficient ground to drop the complaint where the
culpability of the respondent could not be established or
proven without the testimony of the complainant. However,
before dropping the complaint, the PLEB shall exert all
efforts to locate the complainant and his/her witnesses and
to inquire into the reason(s) for their failure or refusal to
testify or desistance to prosecute the case.
14

In cases where the culpability of the respondent can be

established by evidence other than the testimony of the
complainant, non-appearance of the latter shall not be a
ground to terminate the proceedings. The PLEB shall
endeavor to continue with the hearing and secure the
attendance of other vital witnesses to avoid a miscarriage of
justice.
Sec. 16. Effect of Failure or Refusal of Respondent to
Appear. If the respondent, despite due notice, fails or
refuses to appear during the scheduled hearings, he/she is
deemed to have waived his/her right to be present and to
submit evidence in his/her favor and the said scheduled
hearing shall proceed ex-parte.
Sec. 17. Effect of Exoneration. A finding of nonculpability on the respondent PNP member who has been
placed on preventive suspension shall entitle him to
immediate reinstatement and to prompt payment of salaries,
allowances and other benefits which he failed to receive by
reason of such suspension; Provided, That he has not been
separated or under suspension on account of any other
criminal and/or administrative case.
Sec. 18. Effect of Retirement. The optional or
compulsory retirement of the respondent shall not affect the
pendency of his administrative case and the award of the
retirement benefits due him shall be subject to its final
adjudication.
Sec. 19. Effect of Death. Death of the respondent
during the pendency of the case shall terminate the
administrative proceedings and has the effect of
exoneration.
Upon presentation of a certified true copy of the death
certificate, a resolution dismissing the case shall be issued
by the proper disciplinary authority hearing the case.
Sec. 20. Stenographic Records of Proceedings. The
testimony of each witness and the manifestation of the
Chairman and members of the PLEB, the parties and
counsel, during the hearing shall be taken in shorthand or
stenotype, if there is a stenographer.
Clerks and
stenographers employed to record the proceedings shall,
before discharging their duties, be required to take an oath
that they shall truly report and faithfully record all matters
15

taken thereat and, will keep the deliberation of the case with
strictest secrecy and confidence.
A transcript of the records made and certified to as
correct by the official stenographer or stenotypist shall
be a prima facie correct statement of the proceedings.
Sec. 21. Where Services of Stenographer Not
Available. Where the services of stenographer is not
available, a substantial account of the proceedings duly
certified to as correct by the Chairman of the PLEB shall
suffice.
Sec. 22. Nature and Contents of the Decision.
Decision, as used in these rules, is the written findings of
fact by the PLEB as established during the hearing, the
conclusions of law upon which they are based, and the
disposition thereof, personally and directly prepared and
signed by all the members who participated in the
proceedings/deliberations.
It shall include the name of the respondent, his unit or
office and rank, and the offense to which he was exonerated
or found liable, including the appropriate penalty to be
imposed.
The Board shall determine by a majority vote of its
members, whether or not the respondent officer or member
of the PNP is culpable of the charge.
Sec. 23. Respondent Found Liable For an Offense
Different and Distinct From That to Which He Was Charged.
A respondent PNP member may be found culpable of an
offense different from that he was charged: Provided, That
the offense to which he was found liable was alleged or
included in the recital of the complaint and the respondent
has been given the opportunity to answer.
Sec. 24. Period to Render Decision. The PLEB shall
decide the case within sixty (60) days after its submission for
decision.
Sec. 25. Finality of Decision. (A) The decision of the
PLEB exonerating or reprimanding the respondent in an
administrative case is final and executory upon receipt of a
copy thereof by the parties, hence unappealable. (B) Where
the decision of the PLEB involves the penalty of withholding
of privileges, restriction, suspension, forfeiture of salary or
16

fine, demotion, or forced resignation, the same shall become

final and executory only after the lapse of ten (10) days from
the receipt of a copy thereof by the respondent unless the
latter files a motion for reconsideration or appeal within said
period in which case, the resolution on the motion or appeal
shall become final and executory only after the lapse of ten
(10) days from receipt of a copy of said resolution by
the respondent (C) However, where the decision of the PLEB
involves the penalty of dismissal, the same shall be
immediately executory upon receipt of a copy thereof by the
respondent as furnished to him by his/her immediate
superior officer. The filing of a motion for reconsideration or
appeal as the case may be, within the reglementary period
of ten (10) days shall not suspend the implementation
thereof.
Sec. 26. Application of the Principle of Res Judicata/Bar
by Prior Judgment. For a prior judgment in an
administrative case to constitute a bar to a subsequent
administrative action, the following requisites must concur:
a) It must be a final judgment or order;
b) The Disciplinary Authority rendering the same must have
jurisdiction over the subject matter and over the parties;
c) It must be a judgment on the merits; and ,
d) There must be between the two (2) cases, identity of
parties, identity of subject matter and identity of cause of
action.
Sec. 27. Motion for Reconsideration. The respondent
may file a motion for reconsideration from the decision
rendered by the PLEB within ten (10) days from receipt of a
copy of the decision based on the following grounds:
1) Newly discovered evidence which, if presented, would
materially affect the decision rendered; or
2) Errors of law or irregularities have been committed
prejudicial to the substantial rights and interest of the
movant.
Only one (1) motion for reconsideration shall be
allowed and the same shall be considered and decided by
the PLEB within fifteen (15) days from receipt thereof.

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Sec. 28. Service of Decision. Copies of the decisions,

orders and resolutions issued by the PLEB shall be served
either personally or by registered mail. Whenever possible
service of decisions and other papers shall be done
personally.
Sec. 29. Maintenance of Docket Books. The PLEB
shall keep a docket book for administrative complaints in
which all complaints shall be properly entered adn given
their corresponding number in the order of their receipt. The
docket book shall contain the following records:
a) Number and title of the case;
b) Date the case was filed or received by the PLEB;
c) Name and mailing address of complainant;
d) Rank and name of respondent and place of assignment;
e) A determination by the PLEB on the charge alleged;
f) Case referral where the offense charged is not cognizable
by the PLEB;
g) Date the respondent received a copy of the complaint;
h) Date the respondents superior officer received a copy of
the complaint;
i) Date the respondent filed his answer;
j) Date subpoena or subpoena duces tecum was issued;
k) Date when the hearing actually commenced;
l) Date when the hearing terminated;
m) Date the decision was promulgated indicating whether
respondent was exonerated, or, if found culpable, the
penalty imposed;
n) Date the decision was served on the respondent; and,
o) Date when motion for reconsideration/appeal was filed if
any, and its status.
Sec. 30. Quarterly Report. At the end of every
quarter the PLEB is required to submit a report to the
regional office of the Commission indicating therein the
province, municipality or city to which it belongs with the
following data/information:

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a) Number of administrative cases received during the

period;
b) Nature of offense charged;
c) Number of administrative cases assumed;
d) Number of administrative cases referred;
e) Number of cases heard during the quarter;
f) Number of cases pending hearing;
g) Number of cases decided during the quarter;
h) Number of respondents found culpable/exonerated; and,
i) Number of petitions for reconsideration filed/resolved.
RULE V
APPEAL
Section 1. Appeal. In cases where the decision of the
PLEB imposes a penalty of demotion in rank, forced
resignation or dismissal from the service, the respondent
may file, with the deciding authority, and serving upon the
adverse party, a notice of appeal, within ten (10) days from
receipt of a copy of the decision.
Likewise, the appellant is required to submit the
memorandum of appeal in three (3) copies with the Regional
Appellate Board (RAB) concerned within ten (10) days from
filing of notice of appeal.
In addition, the respondent shall submit to the RAB
concerned the proof of service of a copy of the notice of
appeal together with the appeal memorandum to the PLEB
that rendered the decision being appealed.
Within fifteen (15) days from receipt of the notice of
appeal, the PLEB concerned shall forward the records of the
case, which shall be systematically and chronologically
arranged, paged and securely bound to prevent loss, with its
comment, to the RAB. The transmittal of the records of the
case to the RAB is a ministerial responsibility of the PLEB.
Accordingly, failure of the PLEB to forward the same to the
RAB concerned will be a ground for administrative
disciplinary action.
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Sec. 2. Period to Act on Appeal. The Regional

Appellate Board shall decide the appeal within the period of
sixty (60) days from receipt of the complete records of the
case.
Sec. 3. Effect of Failure to Decide Appeal. Failure of
the Regional Appellate Board to decide the appeal within
sixty (60) days from receipt of the case records shall render
the decision of the PLEB final and executory without
prejudice, however, to the filing of an appeal to the
Secretary of the Department of the Interior and Local
Government.

RULE VI
ADMINISTRATIVE OFFENSES
Section 1. Administrative Offenses. The following
are the offenses for which a member of the PNP may be
charged administratively:
a. Neglect of duty
b. Irregularity in the Performance of Duty
c. Misconduct
d. Incompetency
e. Oppression
f. Dishonesty
g. Disloyalty to the Government
h. Violation of Law
Sec. 2. Definition of Offenses.
offenses are defined as follows:

The

foregoing

a. Neglect of duty or Nonfeasance is the omission

or refusal, without sufficient excuse, to perform an act or
duty which was the peace officers legal obligation
to perform; it implies a duty as well as its breach.
b. Irregularity in the Performance of Duty is the
improper performance of some acts, which might lawfully be
done.
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c. Misconduct or Malfeasance is the doing, either

through ignorance, inattention or malice, of that which the
officer had no legal right to do at all, as where he acts
without any authority whatsoever, or exceeds, ignores or
abuses his powers.
Misconduct generally means wrongful, improper or
unlawful conduct, motivated by premeditated, obstinate or
intentional purpose. It usually refers to transgression of
some established and definite rule of action, where no
discretion is left except what necessity may demand; it does
not necessarily imply corruption or criminal intention but
implies wrongful intention and not to mere error of
judgment.
d. Incompetence is the manifest lack of adequate
ability and fitness for the satisfactory performance of
police duties. This has reference to any physical, moral or
intellectual
quality
the
lack
of
which
substantially incapacitates one to perform the duties of a
peace officer.
e. Oppression imports an act of cruelty, severity,
unlawful exaction, domination, or excessive use of authority.
The exercise of unlawful powers or other means, in depriving
an individual of his liberty or property against his will, is
generally an act of oppression.
f. Dishonesty is the concealment or distortion of truth
in a matter of fact relevant to ones office, or connected with
the performance of his duties.
g. Disloyalty to the Government consists of
abandonment or renunciation of ones loyalty to
the Government of the Philippines,or advocating the
overthrow of the government.
h. Violation of Law presupposes final conviction in
court of any crime or offense penalized under the Revised
Penal Code or any special law or ordinance.
RULE VII
ADMINISTRATIVE PENALTIES

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Section 1. Imposable Penalties. The following are the

penalties that may be imposed by the PLEB in police
administrative cases:
a. Withholding of privileges
b. Restriction to specified limits
c. Suspension
d. Forfeiture of salary or fine
e. Demotion
f. Forced Resignation
g. Dismissal
Sec. 2. Limitation in the Imposition of Penalties. If the
penalty of suspension is imposed by the PLEB, the same
shall not exceed ninety (90) days; and in case of forfeiture of
salary the amount shall not exceed the equivalent of one (1)
month pay.
Should the penalty of demotion be imposed it shall not
exceed one rank lower.
On the other hand, the penalty of Withholding of
Privileges shall be confined to deferment of vacation leave
privileges, availment of loan privileges and participation in
training grants or programs and such other similar privileges
normally enjoyed by civil service employees.
Sec.
3. Qualifying
Circumstances.
In
the
determination of penalties to be imposed, mitigating and
aggravating circumstances attendant to the commission of
the offense/s shall be considered.
A. The following are mitigating circumstances:
a. physical illness
b. good faith
c. length of service in the government
d. analogous circumstances
B. The following are aggravating circumstances:
a. taking advantage of official position
b. taking undue advantage of subordinate
c. undue disclosure of confidential information
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d. use of government property in the commission of the

offense
e. habituality
f. offense is committed during office hours and/or within the
premises of the working office or building
g. employment of fraudulent means to commit or conceal
offense
h. analogous circumstances
Sec. 4. Guidelines in the Application of Penalties. The
imposition of the penalty shall be made in accordance with
the manner herein below provided:
a. Like penalties shall be imposed for like offenses and only
one penalty shall be imposed for each case. Each case
means one administrative case which may involve one or
more charges or counts.
b. The minimum of the penalty shall be imposed where only
mitigating and no aggravating circumstances are present.
c. The medium of the penalty shall be imposed where no
mitigating and aggravating circumstances are present.
d. The maximum of the penalty shall be imposed where only
aggravating and no mitigating circumstances are present.
e. Where aggravating and mitigating circumstances are
present, rule (b) shall be applied where there are more
mitigating circumstances present; rule (c) shall be applied
where the circumstances equally off-set each other; rule (d)
shall be applied when there are more aggravating
circumstances.
f. If the respondent is found guilty of two (2) or more charges
or counts, the penalty to be imposed should be that
corresponding to the most serious charge or count and the
rest shall be considered as aggravating circumstances.
Sec. 5. Range of Penalties. The period of penalties
shall be as follows:
A. For Light Offenses
1. Minimum Period = 1 day to 10 days
2. Medium Period = 11 days to 20 days

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3. Maximum Period = 21 days to 30 days

B. For Less Grave Offenses
1. Minimum Period = 31 days to 45 days
2. Medium Period = 46 days to 60 days
3. Maximum Period = 61 days to 3 months
C. For Grave Offenses
1. Minimum Period = 3 months suspension
2. Medium Period = demotion or forced resignation
3. Maximum Period = dismissal
Sec. 6. Administrative Disability Inherent in Certain
Penalties. The following are the administrative disabilites
inherent in certain penalties:
a. The penalty of dismissal, which results in the
separation of the respondent from the service, shall carry
with it that of cancellation of eligibility, forfeiture of leave
credits and retirement benefits, and the disqualification for
re-employment in the government service;
b. The penalty of suspension, which consists in the
temporary separation or cessation of work of the respondent
for the duration of the sanction, shall carry with it that of
disqualification for promotion corresponding to the period of
suspension.
c. The penalty of forfeiture of salary, which consists of
an amount not exceeding one (1) month salary, shall carry
with it that of disqualification for promotion corresponding to
the penalty imposed.

RULE VIII
FINAL PROVISIONS
Section 1. Repealing Clause. All issuances contrary
to or inconsistent with this Circular are hereby amended or
repealed accordingly.

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Sec. 2. Separability Clause. If any portion or

provision of these Rules is declared illegal, the same shall
not affect the validity and effectivity of the other provisions
not affected thereby.
Sec. 3. Penalty Clause. Any violation of these Rules
shall be a ground for administrative disciplinary action in
accordance with existing laws and regulations.
Sec. 4. Effectivity. This Circular shall take effect
fifteen (15) days from date of publication in a newspaper of
general circulation; and a copy of the same filed with the
University of the Philippines Law Center in consonance with
Executive Order Numbered 292, otherwise known as the
Administrative Code of 1987.
Approved this 24th of SEPTEMBER at Makati City,
Philippines.
JOSE DAVID LIMA, JR.
Chairperson
ROGELIO A. PUREZA
Commissioner
Vice-Chairperson and Executive Officer
EDGAR DULA TORRES
Commissioner
LINDA L. MALENAB-HORNILLA
Commissioner
HERMOGENES EBDANE, JR.
Commissioner
Attested by:
ROSALINDA CRUZ
Acting Board Secretary

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