#9 Police Administrative Disciplinary System

 

MODULE #9

Lesson title: Police Administrative Disciplinary System

 

Lesson Objectives:

At the end of this module, you should be able to:

1.     Identify the disciplinary authorities on citizen’s complaints and breach of internal discipline.

       2. Examine PNP administrative case.

Good day, students! How are things coming along? I hope everyone is doing fine and is coping well. How do you find our lesson on the previous meeting? It’s interesting right? It’s very satisfying to hear that you learned a lot from the previous lesson. This time, we will be discussing about police administrative disciplinary system. Have you ever heard of a police officer facing administrative charges? Or someone who was suspended because he or she has committed an offense? Or got dismissed from the police service? Oh! It’s quite frustrating right? Do you have any idea as to who  may impose disciplinary actions to an erring member of the PNP? How about their punishment? Well, this module is created for you to learn and answer those questions.

Our lesson objectives for the day are the following: 1. to be able to identify the disciplinary authorities on citizen’s complaints and breach of internal discipline and (2) to differentiate the disciplinary authorities on citizen’s complaints and breach of internal discipline.

Are you ready? Great!

 

Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 41 (A) Citizen's Complaints. – Any complaint by a  natural or juridical person against any member of the PNP shall be brought before the following:

"(1) Chiefs 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;

"(2) Mayors of cities and municipalities, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than sixteen (16) days but not exceeding thirty (30) days;

"(3) People's Law Enforcement Board, as created under Section 43 hereof, where the offense is punishable by the withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days; or by dismissal.

The PLEB shall be the central receiving entity for any citizen's complaint against the officers and members of the PNP.

Composition

(1) Any member of the sangguniang panlungsod/bayan chosen by his respective sanggunian;

(2) Any barangay captain of the city or municipality concerned chosen by the association of barangay captains; and

"(3) 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.

Sec. 43 of RA 6975 (d) Procedure – (1) The PLEB, by a majority vote of all its members and its Chairman shall determine whether or not the respondent officer or member of the PNP is guilty of the charge upon which the complaint is based.

(2) Each case shall be decided within sixty (60) days from the time the case has been filed with the PLEB.

(3) The procedures in the PLEB shall be summary in nature, conducted in accordance with due process, but without strict regard to technical rules of evidence.

(e) Decisions – The decision of the PLEB shall become final and executory: Provided, That a decision involving demotion or dismissal from the service may be appealed by either party with the regional appellate board within ten (10) days from receipt of the copy of the decision.

Section 68 of RA 8551

The Chairman of the PLEB shall be elected from among its members. The term of office of the members of the PLEB shall be for a period of three (3) years from assumption of office.

Section 69 of RA 8551

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 city or municipal council from city or municipal funds.

(B) Internal Discipline. – On dealing with minor offenses involving internal discipline found to have been committed by any regular member of their respective commands, the duly designated supervisors and equivalent officers of the PNP shall, after due notice and summary hearing, exercise disciplinary powers as follows:

(1) Chiefs of police or equivalent supervisors

•may summarily impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any of the combination of the foregoing: Provided, That, in all cases, the total period shall not exceed fifteen (15) days;

(2) Provincial directors or equivalent supervisors

•may summarily impose administrative punishment of admonition or reprimand; restrictive custody; withholding of privileges; forfeiture of salary or suspension, or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed thirty (30) days;

(3) Police regional directors or equivalent supervisors

•shall have the power to impose upon any member the disciplinary punishment of dismissal from the service. He may also impose the administrative punishment of 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;

(4) The Chief of the PNP

•shall have the power to impose the disciplinary punishment of dismissal from the service; suspension or forfeiture of salary; or any combination thereof for a period not exceeding one hundred eighty (180) days: Provided, further, That the chief of the PNP shall have the authority to place police personnel under restrictive custody during the pendency of a grave administrative case filed against him or even after the filing of a criminal complaint, grave in nature, against such police personnel.

FAQs:

Q1. Does PLEB have dismissal powers over erring members of the PNP?

Answer: NO. Based on Section 53 of RA 8551, summary dismissal power is vested to National Police Commission, PNP Chief and PNP Regional Directors. The National Police Commission, the chief of the PNP and PNP 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;

(a)   When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and

(b)   When the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.