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2007 PNP Disciplinary Rules of Procedure

(Memorandum Circular No. 2007-001)


RULE 8

NATIONAL APPELLATE BOARD

SEC. 1. Composition. The National Appellate Board shall be composed of the four (4) regular
commissioners and shall be chaired by the Vice-Chairperson and Executive Officer.

SEC. 2. What are Appealable. The following are appealable to the National Appellate Board:

a) Decisions of the Chief of the PNP where the penalty imposed is demotion or dismissal from
the service;

b) Disciplinary recommendations of the Inspector General, IAS that were not acted upon by the
Chief, PNP within thirty (30) days from submission by the Inspector General, IAS, where the
recommended penalty is demotion or dismissal; and

c) Decisions of the Inspector General affirming the Resolution of the regional IAS dismissing
the complaint for lack of probable cause.

RULE 9

APPELLATE JURISDICTION OF THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT

SEC. 1. Jurisdiction of the Secretary. Decisions of the National Appellate Board (NAB) and
the Regional Appellate Board (RAB) may be appealed to the Secretary of the Department of the
Interior and Local Government (SILG) in accordance with the provisions of Rule 20 hereof.

RULE 10

APPELLATE JURISDICTION OF THE CIVIL SERVICE COMMISSION

SEC. 1. Appellate Jurisdiction of the Civil Service Commission. Decisions of the Secretary
of the Department of the Interior and Local Government (SILG) in the exercise of his appellate
jurisdiction and decisions of the NAPOLCOM en banc as summary dismissal authority may be
appealed before the Civil Service Commission in accordance with its Rules.

SEC. 22. Finality of Decision. The disciplinary action imposed upon a member of the PNP shall
be final and executory: Provided, that a disciplinary action imposed by the regional director
or by the PLEB involving demotion or dismissal from the service may be appealed to the Regional
Appellate Board within ten (10) days from receipt of the copy of decision: Provided, further,
that the disciplinary action imposed by the Chief of the PNP involving demotion or dismissal
may be appealed to the National Appellate Board within ten (10) days from receipt thereof:
Provided, furthermore, that the Regional or National Appellate Board, as the case may be, shall
decide the appeal within sixty (60) days from receipt of the notice of appeal: Provided,
finally, that the decisions of the National Appellate Board and Regional Appellate Board may
be appealed to the Secretary of the Interior and Local Government.

SEC. 23. Motion for Reconsideration. The party adversely affected may file a motion for
reconsideration from the decision rendered by the disciplinary authority within ten (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;
or

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b) Errors of law or irregularities have been committed prejudicial to the substantial rights
and interest of the movant.

The filing of a motion for reconsideration shall stay the execution of the disciplinary action
sought to be reconsidered. Only one (1) motion for reconsideration shall be allowed and the
same shall be considered and decided by the disciplinary authority within fifteen (15) days
from receipt thereof.

SEC. 24. Certificate of Finality. The disciplinary authority or appellate body shall issue a
certificate of finality of the decision or resolution finally disposing of the case when no
motion for reconsideration or appeal is filed within the prescribed period.

RULE 20

APPEAL

SEC. 1. How appeal is taken; time of filing . Appeals from the decisions of the disciplinary
authority, Regional Appellate Board, National Appellate Board or recommendation of IAS which
ripened into a decision due to inaction by the disciplinary authority, shall be taken by the
party adversely affected by filing a notice of appeal and furnishing a copy thereof to the
other party and the appellate body, with the deciding authority within ten (10) days from
receipt of a copy of the decision.

SEC. 2. Notice of Appeal and Memorandum on Appeal. (a) A Notice of Appeal shall be filed in
three (3) legible copies which shall contain the following: 1) the material dates showing that
it was filed on time; 2) the assignment of specific errors of fact or law, or both, allegedly
committed by the disciplinary authority; and 3) the specific appellate body to which the appeal
is being taken.

The appellant shall submit a Memorandum on Appeal in three (3) legible copies not later than
fifteen (15) days from the filing of the notice of appeal, copy furnished the other
party. However, the memorandum on appeal may be submitted upon filing the notice of
appeal. Proof that copy of the memorandum on appeal was served to the other party must be
submitted by the appellant.

(b) In all appealed cases, the title of the case shall remain as it was before the disciplinary
authority, but the party appealing the case shall be further referred to as the appellant and
the prevailing party as the appellee.

SEC. 3. Dismissal of Appeal. Failure of the appellant to comply with the requirements provided
in Sections 1 and 2 (a) of this Rule shall be sufficient ground for the dismissal of the appeal.

SEC. 4. Transmittal of the Records. Within fifteen (15) days from receipt of the Notice of
Appeal, the concerned disciplinary authority shall forward the complete original records of the
case to the appellate body, which shall be systematically and chronologically arranged, paged
and securely bound to prevent loss of any piece of document thereof. The transmittal of the
records shall be a ministerial duty and failure to forward the same shall be a ground for
administrative action against the concerned official or personnel for serious neglect of duty.

SEC. 5. Docketing of Appealed cases. Upon receiving the complete original records, which
shall include the exhibit and transcript of stenographic notes from the disciplinary authority,
the appellate body shall immediately docket the same by stamping the time and date of receipt in
its cover, assigning the appellate the case number and entering the same on the docket book
which shall be purposely maintained for appealed cases only.

SEC. 6. Period to Act on Appeal. The Regional Appellate Board and the National Appellate
Board shall decide the appeal within the period of sixty (60) days from receipt of the complete
records of the case.

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Failure of the RAB to decide the appeal within sixty (60) days from receipt of the case records
shall render the decision of the disciplinary authority final without prejudice to the filing
of an appeal by the party adversely affected to the Secretary of the Department of the Interior
and Local Government.

Should the RAB fail to decide the appeal within the reglementary period provided in this
Section, the concerned Board shall automatically make a written explanation to the Commission
En Banc on its failure to do so.

The Commission En Banc shall order the conduct of investigation against the Chairman and the
PNP representative of the concerned Baord if it appears from the explanation that an evident
neglect of duty was committed by the Board.

SEC. 7. Withdrawal of Appeal. At any time before the appellate body renders its decision
finally resolving the appeal, the appellant as a matter of right, can withdraw the same which
shall consequently, render the appealed decision final and executory. No motion to reinstate
appeal shall be allowed.