LEA MODULE 5 MIDTERM

• Bataan Heroes College is located in Balanga City, Bataan

  
• This is an Introduction to Criminology course
• The instructor is NIÑA ALYANNA L. CERUDO from the Criminal Justice Department
• The course is Law Enforcement Organization and Administration (Inter Agency Approach)
• This module or any portion thereof may not be reproduced, copied, transmitted, or distributed in any manner whatsoever without the express written permission of the College or the Author
• This module is about The PNP Disciplinary Mechanisms, Offenses, and Penalties
• Citizen's Complaints


  Any complaint by a natural or juridical person against any member of the PNP
• Citizen's Complaints


  1. Brought before the Chief of Police

  2. Brought before the Mayors of Cities and Municipalities

  3. Brought before the People's Law Enforcement Board (PLEB)
• PLEB Decision


  The decision of the PLEB shall become final and executory. 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.
• PLEB's Request for Preventive Suspension


  The PLEB may ask any authorized superior to impose preventive suspension against a subordinate police officer who is the subject of a complaint lasting up to a period as may be allowed under the law. The request shall not be denied by the superior officer in certain cases.
• Internal Discipline


  Dealing with minor offenses involving internal discipline found to have been committed by any regular member of their respective commands, after due notice and summary hearing
• Internal Discipline


  1. Handled by the Chief of Police or equivalent supervisor

  2. Handled by the Provincial Director or equivalent supervisor

  3. Handled by the Police Regional Director or equivalent supervisor

  4. Handled by the Chief of the PNP
• Minor Offense


  An act or omission not involving moral turpitude, but affecting the internal discipline of the PNP
• Moral Turpitude


  Everything which is done contrary to justice, honesty, modesty, or good morals
• Equivalent Supervisors


  PNP Officers occupying positions/designations equivalent to that Chief of Police, Provincial Director and Regional Director who are vested with disciplinary authority over personnel of their respective officers, charged with minor offenses involving Breach of Internal Discipline
• Exclusive Jurisdiction of the Disciplinary Authorities


  All complaints or charges filed against a PNP member shall be heard and decided exclusively by the disciplinary authority who has acquired original jurisdiction over the case
• Forum Shopping


  The filing of multiple complaints. When an administrative complaint is filed before a disciplinary authority, no other case involving the same cause of action shall be filed with any other disciplinary authority.
• NAPOLCOM, Chief of the PNP, and PNP Regional Directors


  Have the power to conduct summary hearings/proceedings and may immediately remove / dismiss any respondent PNP in certain cases
• Summary Hearing or Proceeding


  An expeditious administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent
• AWOL


  The status of any PNP member who absents him or herself from work without approved leave of absence
• Administrative complaints against police officers only require Substantial Evidence for conviction. Substantial Evidence refers to such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
• Internal Affairs Service (IAS)


  Entry to IAS shall be voluntary and subject to rigid screening where only PNP Personnel who have at least 5 years of experience in law enforcement and who no derogatory service shall be considered
• his or her return for work attaching the required medical certificate
• BATAAN HEROES COLLEGE

  
• Law Enforcement Organization and Administration With Inter-Agency Approach
• Niña Alyanna L. Cerudo
• administrative complaints against police officers only require Substantial Evidence for conviction
• Substantial Evidence


  Such relevant evidence as a reasonable mind might accept as adequate to support a conclusion
• Internal Affairs Service (IAS)


  Entry to IAS shall be voluntary and subject to rigid screening where only PNP Personnel who have at least 5 years of experience in law enforcement and who no derogatory service shall be considered for appointment. Members of the Bar may enter the service laterally.
• Powers and Functions 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 in 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 IAS has the Power to Conduct Automatic Investigation


  • Incidents where police personnel discharge a firearm
  • Incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police operation
  • Incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel
  • Incidents where a suspect in the custody of the police was seriously injured
  • Incidents where the established rules of engagement have been violated
• IAS shall provide documents or recommendations as regards to the promotion of the members of the PNP or the assignment of PNP personnel to any key position
• National Office of IAS


  It is headed by an Inspector General who shall be assisted by a Deputy Inspector General. The Inspector General shall be appointed by the President of the Republic of the Philippines upon the recommendation of the Director General and duly endorsed by the NAPOLCOM. Appointments of personnel who shall occupy various positions shall be made by the Inspector General and shall be based on an established career pattern and criteria to be promulgated by the Commission.
• Regional Office of IAS


  It shall be headed by a Director
• Provincial Offices of IAS

  It shall be headed by a Superintendent
• Disciplinary Appellate Bodies or Authorities


  • Regional Appellate Board (RAB)
  • National Appellate Board (NAB)
  • Department of Interior and Local Government (DILG)
  • Civil Service Commission (CSC)
• Regional Appellate Board (RAB)


  There shall be at least one (1) regional appellate board per administrative region in the country to be composed of a senior officer of the regional NAPOLCOM as Chairman and one (1) representative each from the PNP, and the Regional Peace and Order Council (RPOC) as members.
• Decisions appealable to RAB


  • Decision of city or municipal mayors and the Chiefs of Police in the exercise of their disciplinary powers
  • Decisions of the PLEB or the PNP Regional Director in the exercise of their disciplinary powers where the penalty imposed is demotion or dismissal from the service
  • Decisions of the PNP Regional Director or equivalent supervisor in the exercise of their disciplinary powers where the penalty imposed is demotion or dismissal from the service
  • Decisions of the PNP Regional Director in the exercise of its summary dismissal power where the penalty imposed is demotion or dismissal from the service
• National Appellate Board (NAB)


  It shall be composed of the four (4) regular commissioners and shall be chaired by the Vice Chairperson and the Executive Officer.
• Decisions appealable to NAB


  • 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