LECTURE NOTES ON

UNIFORM
RULES OF PROCEDURE
BEFORE THE ADMINISTRATIVE DISCIPLINARY
AUTHORITY AND THE INTERNAL AFFAIRS
SERVICE OF THE PHILIPPINE NATIONAL POLICE
(NAPOLCOM MEMORANDUM CIRCULAR 2016-002)
AS amended by MC 2019-005

ATTY. ROBERT LOU L. ELANGO, RC, MSCrim.

Chairman, Police Regional Appellate Board
National Police Commission 10
NMC 2016-002

Section 1. Title – These Rules shall be known

and cited as the Revised Rules of Procedure
Before the Administrative Disciplinary
Authorities and the Internal Affairs Service of
the Philippine National Police.
LEGAL BASIS

Republic Act No. 6975, otherwise known as “The

Department of the Interior and Local Government Act of
1990”, as amended by Republic Act No. 8551.

Public office is a public trust. Public officers and

employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice and
lead modest lives. (Sec.1, Art. XI, 1987 Phil. Constitution)
SCOPE AND APPLICATION
These Rules shall apply to all administrative cases
filed against uniformed members of the PNP before the
different administrative disciplinary authorities and the
Internal Affairs Service.

CONSTRUCTION
These Rules shall be liberally construed to attain just
and expeditious disposition of administrative complaints
and cases against PNP members, ensure public
accountability and utmost discipline in the police
service.
NATURE OF PROCEEDINGS
The investigation and hearing before the
administrative disciplinary authorities and the IAS shall
be summary in nature and shall not strictly adhere to
the technical rules of procedure and evidence
applicable in judicial proceedings.

The provisions of the Civil Service Law, Rules and

Regulations as well as the Revised Rules of Court shall
be suppletorily applicable.
 Rules of Procedure are not to be applied in a very rigid
technical sense; rules of procedure are used only to help
secure substantial justice. If a technical and rigid
enforcement of the rules are made, their aim would be
defeated.

Rules of Procedure should be viewed as mere tools

designed to facilitate the attainment of justice.
SUMMARY HEARING

A procedure by which a question is resolved with

dispatch, with the least possible delay, and in
preference to ordinary legal and regular judicial
proceedings.
Limitations:
- No officer or employee of the government can be
disciplined or removed from office except for cause and
after due process. (Art. IX-B, Sec. 2, par. 3, 1987
Constitution)
   
BREACH OF INTERNAL DISCIPLINE
Any offense committed by a member of the PNP
involving minor offense affecting the order and
discipline within the police organization.
CITIZEN’S COMPLAINT
A formal charge initiated by a natural or
juridical person or his/its duly authorized
representative or guardian on account of an
injury, damage or disturbance sustained
as a result of an irregular or illegal act or
omission of a PNP member.

The citizen's complaint envisioned under Republic Act No. 6975

normally pertains to complaints by private individuals against PNP men
and not by PNP men against their co-members or officers in a
professional capacity.
DISCIPLINARY AUTHORITIES
The city or municipal mayors; chiefs of police or equivalent
supervisors; provincial directors or equivalent supervisors;
regional directors or equivalent supervisors; People’s Law
Enforcement Board (PLEB); Chief of the PNP; National Police
Commission En Banc (NAPOLCOM)

EQUIVALENT SUPERVISORS
PNP Officers occupying positions/designations equivalent to
that of Chief of Police, Provincial Director and Regional Director
who are vested with disciplinary authority over personnel of
their respective offices, charged with minor offenses involving
breach of internal discipline.
1. The supervisor equivalent to the Chief of Police:
a. Group director, Provincial Mobile Group

2. Supervisors equivalent to the Provincial Director:

a. Group director, Regional Mobile Group
b. Chief of the Regional Unit of Administrative and
Operational Support Units.

3. Supervisors equivalent to the Regional Police Director:

a. Director, PNP Administrative National support Unit;
b. Director, PNP Operational Support Unit;
c. Director, Police District Office, NCR Police Office;
 In case the head of the various levels of command is an
officer-in-charge, he may conduct investigation and submit
his recommendation to the next higher disciplinary
authority.
COMPLAINT
A written and sworn statement regarding a wrong, grievance
or injury sustained by a person.

FORMAL CHARGE
A complaint initiated before any of the disciplinary authorities
or IAS after finding the existence of probable cause.

FORUM SHOPPING
The filing of several complaints arising from one and the same
cause of action involving the same parties asking for the same
relief with the different administrative disciplinary authorities,
the Internal Affairs Service and the Office of the Ombudsman.
NEWLY DISCOVERED EVIDENCE
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.

FORGOTTEN EVIDENCE
Evidence already in existence or available before or
during the trial, which was known to and obtainable by
the party offering it and which could have been presented
and offered in a reasonable manner were it not for the
oversight and forgetfulness of such party or his counsel.
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 order;
b. The disciplinary authority rendering the same
must have jurisdiction over the subject matter and over
the parties.
c. It must be judgment on the merits; and
d. There must be between the two (2) cases,
identity of parties, subject matter and cause(s) of action.
ORIGINAL JURISDICTION
Citizen’s complaint
A citizen’s complaint against any member of the municipal
police station or city police office/station may be filed before the
following:
a) Chiefs of Police or Directors of City Police Office
- 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;
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
not less than sixteen (16) but not exceeding thirty (30) days;

People’s Law Enforcement Board (PLEB)

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

Under this section, there are three (3) disciplinary authorities,

each with their own respective graduated jurisdiction as far as
the imposable penalties are concerned.
BREACH OF INTERNAL DISCIPLINE, where filed:
a) 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;

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

d. Chief of the PNP

- has jurisdiction over offenses punishable by dismissal from
the service; demotion; suspension or forfeiture of salary , or any
combination thereof for a period not exceeding one hundred
eighty (180) days.
SUMMARY DISMISSAL CASE
- is one where the maximum penalty imposable is dismissal
from the service and the offense falls under any of the following
cases:
a) Where the charge is serious and evidence of guilt is strong;
b) When the respondent is a recidivist or has been repeatedly
charged;
c) When the respondent is guilty of a serious offense involving
conduct unbecoming of a police officer; and
d) When any member or officer had been absent without
official leave for a continuous period of 30 calendar days or
more.
Principle of Exclusivity –
simply means that the case shall be heard and tried
by the disciplinary authority which first acquired
original jurisdiction over the case.
Offenses which carry a higher or lower penalty shall
be referred to appropriate disciplinary authority.
The doctrine of primary jurisdiction

- When two bodies have concurrent jurisdiction, one

of which is deemed to have an expertise over the subject
matter of the case, the other body gives way to the expert
to exercise the primary jurisdiction.
OMBUDSMAN
- Ill-Gotten Wealth (RA 1379)
- Graft and Corruption (RA 3019)
- Conduct and Ethics (RA 6713)
- Plunder (RA 7080)
- Procurement (RA 9184)
- Red Tape (RA 9485)
- Bribery/Malversation (RPC)
- Other Graft Laws
INTERNAL AFFAIRS SERVICE
The IAS shall conduct motu proprio investigation on the
following cases:

- discharge of firearm
- death, serious physical injury, or HRV
- tampering of evidence
- injured suspect while in custody
- violation of ROE
SCOPE OF IAS MOTU PROPRIO INVESTIGATIONS
The immediate superior or supervisor of the personnel or
units being investigated under the circumstance shall be
automatically included in the investigation of the IAS to
exclusively determine lapses in administration or supervision.

DISCIPLINARY RECOMMENDATIONS OF THE IAS

Recommendations by the IAS for the imposition of
disciplinary measures against erring PNP members, once final,
cannot be revised, set-aside, or unduly delayed by any
disciplining authority without just cause.
ULTRA VIRES
Any disciplinary authority or IAS who shall take
cognizance of any complaint beyond his jurisdiction and
renders a decision thereon, same shall be null and void
without prejudice to refilling, plus administrative liability of
Serious Irregularity in the Performance of Duty.
VENUE
The administrative complaints or cases against any
PNP member shall be filed before the disciplinary
authority or IAS having territorial jurisdiction where the
offense was committed.
TRANSFER OF VENUE
The NAPOLCOM En Banc, the Chief, PNP or the IG may upon
motion of either party, order a change of venue of cases pending
before their respective offices when:
a) any of the party is exerting efforts to harass, intimidate,
coerce or unduly influence the other party, his witnesses or
immediate members of family;
b) there is imminent danger and direct threat ;
c) any of the parties is harmed; or
d) the ends of justice require.
COMMENCEMENT OF COMPLAINT
An administrative complaint may be initiated by filing a
written and sworn statement before any disciplinary authority or
the IAS, accompanied by affidavits of witnesses, if any, and other
evidence in support thereof.

The complaint shall be accompanied by a certificate of non-

forum shopping duly subscribed and sworn to by the
complainant, otherwise, the complainant shall be required to
submit the same within 5 days from notice.
 If the complaint is verbally made, the concerned agency shall
assist the complainant in preparing the complaint-affidavit and
other documents in support thereof.

In case of a letter-complaint, which is neither under oath nor

based on official reports, the evaluator shall require the
complainant and witnesses to affirm their signatures and to
execute affidavits.

An anonymous complaint may be the basis of a formal

complaint provided that the material allegations contained
therein may be validated.
EVALUATION (Initial)
Upon receipt of the complaint, the disciplinary authority concerned
shall designate the officer who shall conduct the evaluation of the same
to determine whether:

a) closed or dropped for lack of probable cause (it has jurisdiction);

b) referred to the appropriate disciplinary authority;
c) treated as a grievance /request for assistance ; or
d) recommended for summary hearing (pre-charge investigation or
formal charge in cases before the PLEB).

Any recommendation for closing or dropping (dismissal or referral)

the complaint for lack of probable cause shall be approved by the
concerned disciplinary authority or IAS.
ACTION ON THE COMPLAINT
All complaints approved for pre-charge investigation shall be
stamped on its face with the date and time of receipt and an
assigned reference number, and designate the officer who shall
conduct the investigation.

The investigation shall include the examination of records

and documents submitted by the complainant and the PNP
member complained of, as well as documents readily available
from other government offices for the purpose of determining
the existence of probable cause.
PRE-CHARGE INVESTIGATION
- shall commence by furnishing the PNP member a copy of the
complaint and supporting documents not later than 3 days from
docketing.
- respondent submits answer w/in 5 days from receipt of the
complaint, otherwise, implied waiver.
- determine existence of probable cause
for formal charge.
- terminated w/in 10 days from receipt
of answer.
- clarificatory hearing, if necessary.
PRE-CHARGE INVESTIGATION REPORT

- submit w/in 5 days from termination of PCI to include formal charge.

- no probable cause, complaint shall be dismissed by DA or IAS.

MOTION FOR REINVESTIGATION

- w/in 3 days from receipt of resolution.

- upon ground of palpable mistake.

- only 1 MR allowed to be resolved w/in 15 days.

FORMAL CHARGE
- under oath and shall contain:

1.) specification of charge/s;

2.) brief statement of material/relevant facts; and
3.) the presence, if any, of aggravating circumstances.
It shall be accompanied by certified true copies of
documentary evidence including sworn statements or
judicial affidavits.

Assign and transmit the same to a SHO w/in 5 days from

receipt and docketing of complaint.
Preventive Suspension, Meaning
- the temporary removal of an
employee charged for violation of
company rules from his present
status or position.

Preventive suspension is not

a disciplinary measure, and should
not be confused with suspension
imposed as a penalty.
PREVENTIVE SUSPENSION
The concerned disciplinary body or the IAS, upon motion of
the complainant may, after the case is formally filed but before
the submission of complainant’s position paper, place the
respondent/s on preventive suspension for a period not
exceeding 90 days when:

a) the charge is serious and evidence of guilt is strong;

b) there is evidence of harassment, intimidation, coercion, or
undue influence upon complainant and/or witnesses;
(mere possibility is enough)

NOTE: MR w/in 5 days from receipt of order

REQUEST FOR PREVENTIVE SUSPENSION BY THE PLEB
a) When the respondent refuses to heed the PLEB’S
summons or subpoena;
b) When the PNP personnel have 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.

Any superior who fails to act on any request for suspension

without valid grounds shall be held administratively liable for
serious neglect of duty.
SUMMONS
An order from the administrative disciplinary authority directing a respondent
to file an Answer together with pertinent supporting documentary evidence.
- w/in 3 days upon receipt of complaint
- direct respondent to submit answer w/in
7 working days

Personal service
– by handing a copy thereof to the
defendant in person,
- by tendering it to him.

Substituted service
- leave copy at defendant’s residence
- leave the copy at defendant’s office or regular place of business.
Answer
- w/in 7 days from receipt of summons
- in writing and under oath
- mitigating circumstances, if any
- supporting evidence, if any
- personal or registered mail
- proof of service to other party
- prohibited pleadings
FAILURE/REFUSAL TO FILE ANSWER
- waiver
- general denial

ADMISSIONS
- determine the penalty
- appreciate aggravating/
mitigating
PRE-HEARING CONFERENCE

- w/in 15 days from receipt of answer

- defining/simplifying issues
- admissions/stipulations
- marking of exhibits
- other matters
POSITION PAPERS

- w/in 15 days from PHC

- verified
- based on affidavits/pleadings
- case deemed submitted
for resolution
- non-submission deemed
waiver
CLARIFICATORY HEARING

- w/in 5 days from

submission of PP
- upon motion or motu
proprio
- one-time only
- submission of draft
decisions
- assistance of counsel
POSTPONEMENTS
Due to the summary nature of administrative
proceedings, postponements are discouraged.

The Rules provide that postponements shall be

allowed only in meritorious cases, such as illness of a
party or counsel.

However, regardless of the ground invoked, only

[one (1)] postponement/party will be allowed.
NO TRANSFER PENDENTE LITE

- no transfer/reassignment
- unless certified by DA or IAS
- superior officer administratively liable
COMPULSORY RETIREMENT

- no effect on pendency of case

- retirement benefits subject to outcome
- terminated w/in 3 months
- speedy release of benefits after 3 mos
EFFECT OF DEATH
A.) Pending Investigation
- No dismissal if respondent has already been
afforded due process;
- Dismissal if no due process was afforded.

B.) Pending Appeal

- continue until final determination.
REPORT OF INVESTIGATION
The hearing officer of the disciplinary authority and IAS,
whenever applicable, shall have thirty (30) days to submit the
ROI accompanied by the complete records from the date the
case is submitted for resolution. The ROI shall contain the
findings of facts and the corresponding recommendation.

In cases filed before the IAS, the provincial director, the

regional director and the Inspector General shall resolve and
forward its recommendation to the disciplinary authority w/in
30 days from receipt of the ROI from the SHO.
DECISION
- w/in 30 days from receipt
of ROI or IAS Resolution
- in PLEB, 60 days from case
filing
- must contain material/relevant facts
- conclusion/disposition
- final and executory
- subject to appeal except suspension
OFFENSE SEPARATE AND DISTINCT
A respondent may be found culpable of an offense
separate and distinct from that for which he was
charged: Provided, that the acts constituting the
offense of which he was found guilty (culpable) were
alleged in the complaint; and the respondent has been
given the opportunity to answer.
FINALITY OF DECISION

The disciplinary action imposed upon a member of the PNP

shall be final and executory: Provided, that the decision of the
PNP regional director/PLEB or CPNP involving demotion or
dismissal may be appealed to the regional appellate board or
NAB w/in 10 days from receipt of the copy of the notice of
decision.

The decisions of the NAB and RAB may be appealed to the

SILG.
Pursuant to Section 53 of R.A. 8551, the decision of the
Summary dismissal Authorities imposing upon a respondent
the penalty of dismissal from the service shall be
immediately executory. However, in the event that the
respondent is exonerated on appeal, he shall be considered
as having been under suspension during the pendency of
the appeal, with entitlement to back salaries and
allowances. (NMC 2019-005)

The decision of the SDA’s imposing a penalty of demotion or

suspension, shall become final and executory after 10 days
from receipt of a copy thereof by the respondent, if no
proper MR is filed w/in the said period. (NMC 2019-005)
MOTION FOR RECONSIDERATION

May be filed by the adverse party w/in 10 days from receipt of a

copy of the decision on the following grounds:
a) Newly discovered evidence which, if presented, would
materially affect the decision rendered;

b) Errors of law or irregularities were committed prejudicial to

the movant’s rights and interest; or

c) The decision is not supported by the evidence on record.

Except for decisions of the SDA’s imposing a penalty of
dismissal from the service, the filing of a timely MR
shall stay the implementation of the decision sought to
be reconsidered. (NMC 2019-005)

Only one (1) MR shall be allowed. It shall stay the

execution of the disciplinary action sought to be
reconsidered.
CERTIFICATE OF FINALITY

- no MR; or
- no appeal w/in prescribed period
- finally disposes of the case
Implementation of Decisions/Resolutions/Orders

Decisions/Resolutions/Orders which are, or have become

final, shall be implemented through the issuance of the
corresponding implementation order (IO).
- addressed to the Director, DPRM (Attn: DLOD)
- Copy furnished PNP RD/Equivalent Supervisor,
Director (FS), Private Complainant (if any), and
Respondent.
- appropriate return w/in 5 days from receipt of IO
with attached copy of Special Order implementing the
decision/resolution/order. (NMC 2019-005)
ADMINISTRATIVE OFFENSES
Every act or conduct or omission which amounts to, or
constitutes, any of the grounds for disciplinary action.

OFFENSES PUNISHABLE
1) Neglect of Duty or Nonfeasance;

2) Irregularity in the Performance of Duty or Misfeasance; or

3) Misconduct or Malfeasance
MISCONDUCT
The transgression of some established and definite rule of
action, a forbidden act, a dereliction of duty, willful in character,
and implies wrongful intent and not mere error of judgment.

For misconduct or improper behavior to be a just cause for

dismissal:
a) it must be serious;
b) must relate to the performance of duties; and
c) must show that the employee has become unfit to
continue working for the employer.
GRAVE MISCONDUCT
A malevolent transgression of some established and definite
rule of action, more particularly, unlawful behavior or gross
negligence by the public officer or employee which threatens the
very existence of the system of administration of justice.

As distinguished from simple misconduct, in grave misconduct

the elements of corruption, clear intent to violate the law or
flagrant disregard of established rule, must be manifest.

Corruption consists in the act of an official or fiduciary person

who unlawfully and wrongfully uses his station or character to
procure some benefit for himself or for another person, contrary to
duty and the rights of others.
INCOMPETENCE
The manifest lack of adequate ability and fitness for the
satisfactory performance of official duties by reason of the
officer’s vice or vicious habits.
This has reference to any physical, moral or intellectual
quality the lack of which substantially incapacitates one to
perform the duties of an office.

OPPRESSION
An act of cruelty, severity, unlawful exaction, domination, or
excessive use of authority. The unlawful exercise of powers or
other means , in depriving an individual of his property or liberty
against his will.
DISHONESTY
The concealment or distortion of truth in a matter of fact
relevant to one’s office, or connected with the performance of
his duties.
The intentional making of a false statement in any material
fact, or practicing or attempting to practice a deception or fraud
in securing his examination, registration, appointment or
promotion.
Need not be committed in the course of the performance of
duty. If a government officer or employee is guilty of dishonesty
or is guilty of oppression or grave misconduct, even if said defect
of character are not connected with his office, they affect his
right to continue in office.
DISLOYALTY TO THE GOVERNMENT
The abandonment or renunciation of one’s loyalty to the
government of the Philippines, or advocating the overthrow of
the government, through overt or covert acts.

Disloyalty of public officers or employees, under the RPC, is

committed by failing to resist a rebellion by all the means in their
power, or shall continue to discharge the duties of their offices
under the control of the rebels or shall accept appointment to
office under them.
Conduct Unbecoming of a Police Officer
 refers to any behavior or action of a PNP member, irrespective
of rank, done in his official capacity, which, in dishonoring or
otherwise disgracing himself as a PNP member, seriously
compromises his character and standing as a gentleman in
such a manner as to indicate his vitiated or corrupt state of
moral character;
 it may also refer to acts or behavior with any PNP member in an
unofficial or private capacity which is dishonoring or disgracing
himself personally as a gentleman, seriously compromises his
position as a PNP member and exhibits himself as morally
unworthy to remain as a member of the organization.
CLASSIFICATION OF OFFENSES
For purposes of determining jurisdiction and applying the
appropriate penalty, administrative offenses are classified into:

a) light offenses;

b) less grave offenses; and

c) grave offenses
PENALTIES
a) Withholding of privileges;
b) Restriction to specified limits;
c) Restrictive custody;
d) Forfeiture of salary;
e) Suspension;
f) any combination hereof;
g) One (1) rank demotion
h) Dismissal from the service
RANGE OF PENALTIES
For Light Offenses:
1) Withholding of privileges; restriction to specified limits; restrictive
custody; suspension or forfeiture of salary; or any combination thereof
from one (1) day to ten (10) days (minimum period).

2) Withholding of privileges; restriction to specified limits; restrictive

custody; suspension or forfeiture of salary; or any combination thereof
from eleven (11) days to twenty (20) days (medium period).

3) Withholding of privileges; restriction to specified limits; restrictive

custody; suspension or forfeiture of salary; or any combination thereof
from twenty one (21) days to thirty (30) days (maximum period).
LESS GRAVE OFFENSES
1) Withholding of privileges; restriction to specified limits; restrictive
custody; suspension or forfeiture of salary; or any combination thereof
from thirty one (31) days to forty (40) days (minimum period).

2) Withholding of privileges; restriction to specified limits; restrictive

custody; suspension or forfeiture of salary; or any combination thereof
from forty one (41) days to fifty (50) days (medium period).

3) Withholding of privileges; restriction to specified limits; restrictive

custody; suspension or forfeiture of salary; or any combination thereof
from fifty one (51) days to fifty nine (59) days (maximum period).
GRAVE OFFENSES

1) Sixty (60) days to six (6) months suspension (minimum

period)

2) One (1) rank demotion (medium period)

3) Dismissal from the service (maximum period)

LIMITATION IN THE IMPOSITION OF PENALTIES
In case of forfeiture of salary, the amount shall not exceed
the equivalent of one (1) month salary.

The penalty of Withholding of Privileges shall be confined to

deferment of vacation leave privileges, participation in training
grants or programs etc.

There is no penalty as suspension of salary under the

administrative law, rules and regulations. Salaries are not
suspended but rather, it is the official or employee who is
suspended with a corresponding withholding salaries following
the principle of no work, no pay.
ALTERNATIVE CIRCUMSTANCES
Alternative circumstances are those which must be
taken into consideration as aggravating or mitigating
according to the nature and effects of the offense
and the other conditions attending its commission. 
GUIDELINES (APPLICATION OF PENALTIES)

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 period of the penalty shall be imposed

where only mitigating and no aggravating circumstances are
present.
 c) The medium period of the penalty shall be
imposed where no mitigating and aggravating
circumstances are present.
d) The maximum period of the penalty shall be
imposed where only aggravating and no mitigating
circumstances are present.
e) Where aggravating and mitigating circumstances
are present, apply the rule on off-setting.
 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.

g) In the appreciation of any mitigating circumstance in favor

of the respondent or of any aggravating circumstance against
him, the same must have been invoked or pleaded by the party
concerned, otherwise, such circumstances shall not be
considered in the determination of the penalty to be imposed.
ACCESSORY PENALTIES
a) Dismissal from the service,
- eligibility cancelled,
- retirement benefits forfeited and
- disqualified for re-employment.

b) Demotion
- diminution of salary
- disqualification for promotion
- withholding of privileges

c) Suspension/Forfeiture
- disqualification for promotion
- withholding of privileges
AUTHORITY TO ADMINISTER OATH
Officers designated to conduct pre-charge investigation and
hearing officers of the Commission, PNP, IAS, the Chairmen and
members of the PLEB and Regional Appellate Boards have the
authority to administer oaths on matters connected with the
performance of their duties.

AUTHORITY TO ISSUE SUBPOENAS

The disciplinary authorities, IAS and their hearing officers
shall have the authority to issue subpoena ad testificandum and
subpoena duces tecum.
Lawyer’s Requirement
- MCLE Certificate of Compliance
- Number and Date of Issue

For Government Lawyers

- Authority to Practice

Non-disclosure or lack of authority will

result to refusal of further appearance and
non-admission of pleadings.