OVERVIEW

of the
PNP ADMINISTRATIVE
DISCIPLINARY SYSTEM

Uniform Rules of Procedure Before the

Administrative Disciplinary Authorities
and the Internal Affairs Service
of the PNP

Atty. VERULO C. MAPANAO

Regional Director, Napolcom-NCR 1
CONSTITUTIONAL
MANDATE OF NAPOLCOM

“The State shall establish and maintain

one police force, which shall be national in
scope and civilian in character, to be
administered and controlled by a
national police commission. The
authority of local executives over the police
units in their jurisdiction shall be provided
by law” (Section 6, Article XVI 1987
Philippine Constitution)

2
STATUTORY MANDATE
OF NAPOLCOM
“A National Police Commission,
hereinafter referred to as the Commission,
is hereby created for the purpose of
effectively discharging the functions
prescribed in the Constitution and
provided in this Act.” [Section 13 of RA
No. 6975 as amended]

3
 NATIONAL POLICE COMMISSION
DEPARTMENT OF COMMISSION PROPER
THE INTERIOR AND 1 Chairperson
LOCAL 4 Regular Commissioners
GOVERNMENT 1 Ex-officio Member ( C,PNP )

SECRETARIAT NAB

PRS LAS CPCS ILS PAS IMIS FS

PNP
19 RABs 17 ROs
PLEB LCs

Legend:
Adm. Technical
Div. Svc. Div. Attached agency for
program and policy
4
coordination
 Powers of Local Chief Executives
(LCEs) as Deputies of the
Commission
1. Operational Supervision and Control
2. Authority to Exercise
Administrative
Disciplinary
3. Authority Powers
to Choose the Chief of Police
4. Authority to Recommend
Appointment of
New PNP Members
5. Authority to Recommend the
Transfer, Reassignment or Detail
of PNP
6. Authority to Members
Conduct Inspection and Audit
5
 Responsibilities of Local Chief
Executives (LCEs) as Deputies of the
Commission
1. To develop an Integrated
Area/Community Public Safety Plan

2. To sponsor periodic seminars

for PNP members

3. To supervise and control anti-

illegal gambling operations

6
7
 PREVIOUS AND PRESENT POLICE
ADMINISTRATIVE DISCIPLINARY
MACHINERY
PERI OD LAW I NVESTI GATI ON ADJ UDI CATI ON APPEAL
J uly 1/ 16 Adm. Committee of three Municipal Mayor Prov. Governor/
Code Act (3) Councilors Governor General
2657

Mar 10/ 17 Revised Municipal Council Municipal Council Provincial Board

Adm.
Code
Act 2711

J un 12/ 50 R.A. 557 City/ Municipal City/ Municipal Commissioner

Council Council CSC

Sept. 8/ 66 R.A 4864 Board of NAPOLCOM NO APPEAL

I nvestigators (3 en banc
members chaired
by City/ Municipal
Treasurer, a
representative of
the Provincial
Commander and a
Councilor as
members)
8
 PREVIOUS AND PRESENT POLICE
ADMINISTRATIVE DISCIPLINARY
MACHINERY
PERI OD LAW I NVESTI GATI ON ADJ UDI CATI ON APPEAL
Oct. 3/ 72 P.D. 12 Board of I nvestigators NAPOLCOM NO APPEAL
(3 members chaired Adj. Board
by Napolcom
representative, a
representative of the
Secretary of J ustice
and a Constabulary
Officers as members)

May 9/ 74 P.D. 448 NAPOLCOM Hearing NAPOLCOM Adj. NO APPEAL

Officer (City/ Prov.) Board

Nov. 13/ 74 P.D. 580 NAPOLCOM Hearing NAPOLCOM Adj.

NAPOLCOM
Officer (City/ Prov.) Board Special
Appellate
Committee

J an. 2/ 91 R.A. People’s Law People’s Law NAPOLCOM

6975 Enforcement Board Enforcement Regional
Board Appellate
Boards
9
A. PEOPLE’S LAW
ENFORCEMENT
BOARD (PLEB)

10
 STATUTORY BASIS OF
PLEB
Section 43 (a) of RA No. 6975, as amended
 mandates PLEB creation by the
sangguniang panglunsod/bayan
 one (1) PLEB for every five hundred (500)
city or municipal police personnel and for
each of the legislative district in a city

11
 COMPOSITION
1.SB Member representing the
Sangguniang Bayan/ Panglunsod chosen
by the Sanggunian concerned
2. Punong Barangay representing the Liga
ng mga Barangay chosen by the Liga

3. Three (3) other members, removable only for

cause, 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. 12
 TERM OF OFFICE
 Three (3) years from assumption of office
 Application of the principle of holdover

 The Sanggunian member and Punong

Barangay automatically cease to be
PLEB members upon the expiration of
their term of office
 Membership to the PLEB is a civic
duty

13
COMPENSATION AND
BENEFITS
 Entitlement to per diem pegged at P
1,000.00 per session but not to
exceed P 4,000.00 irrespective of the
number of sessions
 Life insurance coverage as may be
determined by the city or municipal
council
 The annual budget of the local
government units shall include an
item and the corresponding
appropriation for PLEB maintenance
and operation
 Low income municipalities - DILG
shall provide for the same
14
JURISDICTION
 Pursuant to Section 43 of R.A. No.
6975 – hear and decide citizen’s
complaints filed before it against
uniformed members of the PNP
VENUE
 PLEB of the city or municipality
where the respondent police officer is
assigned and where the offense was
 committed
All other citizen’s complaint or where
no PLEB is organized to be filed with
provincial or regional IAS
 Jurisdiction of Summary Dismissal
Authorities not affected 15
 QUORUM
 the presence of three (3) members
 to arrive at a decision, a vote of the
same number
CENTRAL RECEIVING ENTITY
Evaluate the charge as alleged on the
complaint to
determine whether it is grave, less
grave or minor.
Within three (3) days refer it to proper
disciplinary
16
authority.
CITIZEN’S
COMPLAINT
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 member of
the PNP (Napolcom Memorandum
Circular No. 2007-01)

17
JURISDICTION OVER
CITIZEN’S COMPLAINT
 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
 Mayors of cities and municipalities
– where the offense is punishable by
withholding of privileges, restriction
18
to specified limits, suspension or
 People’s Law Enforcement Board –
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 or by
dismissal

19
B. PHILIPPINE
NATIONAL
POLICE (PNP)

20
BREACH OF INTERNAL
DISCIPLINE
 Breach of Internal Discipline –any
minor offense committed by a member
of the PNP involving and affecting
order and discipline within the police
organization

21
 Minor Offense – any act or omission not
involving moral turpitude, but affecting
the internal discipline of the PNP
including but not limited to the
following:
1. simple misconduct or negligence;
2. insubordination;
3. frequent absences and tardiness;
4. habitual drunkenness; and
5. gambling prohibited by law

22
JURISDICTION OVER BREACH
OF INTERNAL DISCIPLINE
 Chiefs of Police or equivalent supervisors
 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

Equivalent Supervisor
Group Director, Provincial Mobile Group

23
 Provincial Directors or equivalent supervisors
 admonition or reprimand; restrictive custody;
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 thirty (30) days

Equivalent Supervisors
 Group Director, Regional Mobile Group
 Chief of the Regional Unit of the Mobile
Administrative & Operational Support Unit

24
 Police Regional Directors or equivalent
supervisors
dismissal from the service; admonition or
reprimand; restrictive custody;
withholding of
privileges; forfeiture of salary or
suspension;
demotion; or any of the combination of the
foregoing; provided, that, in all cases, the
total
period shall not exceed sixty (60) days
Equivalent Supervisors
 Director, PNP Administrative Support
Unit
 Director, PNP National Operational
Support Unit
 Director, Police District Office, NCRPO25
 The Chief of the PNP
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,26
 Restrictive Custody as used in the aforequoted
provision does not mean confinement, detention or
deprivation of liberty of the PNP personnel who may be
the subject of such restriction. It simply means the
imposition of certain limitation on his movements or
activities carried out by placing the respondent under
the
close intensive monitoring of a superior officer in order
to:
1. ensure the presence of the respondent or accused
PNP member when required by the proper
judicial
or administrative authority during the trial or
investigation of the case against him;
2. prevent the respondent from harassing or
intimidating the complainant and his witnesses;

27
3. deter further commission of similar offenses; and
4. rule out the danger that the respondent might
abscond.

28
C. SUMMARY DISMISSAL
AUTHORITY
 National Police Commission
 Chief of the PNP
 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;
b. 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;

29
c. When the respondent is guilty of a
serious offense involving conduct
unbecoming of a police officer; and,
d. When the respondent had been
absent without official leave for a
continuous period of thirty (30) days
or more.

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D. INTERNAL AFFAIRS

SERVICE (IAS)

31
JURISDICTION OF IAS
 Investigate complaints and gather evidence
in support of an open investigation;
 Conduct summary hearings on PNP
members facing administrative charges;
 Conduct motu proprio, automatic
investigation in incidents where:
a. a police personnel discharges a firearm
b. death, serious physical injury, or any
violation of
human rights occurred in the conduct of a
police
operation;
32
c. evidence was compromised, tampered with,
obliterated, or lost while in the custody of police
personnel;
d. a suspect in the custody of the police was
seriously injured; and
e. the established rules of engagement have been
violated.

33
E. CIVIL SERVICE
COMMISSION
“The civil service embraces all branches,
subdivisions,
instrumentalities, and agencies of the government
including government-owned or controlled
corporations
with original charters.” (Section 2, Article IX (B) of
1987 Constitution)
“The Civil Service Commission, as the central
personnel agency of the Government, shall establish
a
career service and adopt measures to promote
morale,
efficiency, integrity, responsiveness, progressiveness
and
courtesy in the civil service. x x x”. (Section 3, 34
 “The Civil Service Law and its implementing rules
and regulations shall apply to all personnel of the
Department.” (Section 91, RA No. 6975)
“These Rules shall be applicable to all cases
brought
before the Civil Service Commission and other
government agencies, except where a special law
provides otherwise.” (Section 2, CSC Resolution
No.
991936 – Uniform Rules on Administrative Cases in
the
Civil Service)

35
F. OFFICE OF THE
OMBUDSMAN
MANDATE
The Ombudsman and his Deputies, as protectors of
the people, shall act promptly on complaints filed in
any
form or manner against officers or employees of the
Government, or of any subdivision, agency or
instrumentality thereof, including government-owned
or
controlled corporations, and enforce their
administrative,
civil and criminal liability in every case where the
evidence
warrants in order to promote efficient service by the 36
Government to the people. (Section 13, RA 6770)
OFFICIALS SUBJECT TO
DISCIPLINARY AUTHORITY AND
EXCEPTIONS
The Office of the Ombudsman shall have disciplinary
authority on elective and appointive officials of the
government and its subdivisions, instrumentalities and
agencies, including members of the Cabinet, local
government, government-owned and controlled
corporations and their subsidiaries, except over officials
who may be removed only by impeachment or over
members of Congress, and the Judiciary. (Section 21 of
RA 6770)

37
 At its option, the Office of the Ombudsman may
refer certain complaints to the proper disciplinary
authority for the institution of appropriate administrative
proceedings against erring public officers or employees,
which shall be in accordance with the civil service law.
Any delay without just cause in acting on any referral
made by the Office of the Ombudsman is a ground for
administrative action against the officers or employees
to whom such referrals are addressed and shall constitute
a graft offense punishable by a fine of not exceeding
five thousand pesos. (Section 23 of RA 6770)

38
G. PROCEDURE
Commencement of Complaint – initiated by filing
a
written and sworn statement before any
disciplinary
authority or the IAS, and it must contain the
following:
a. full name and address of the complainant;
b. full name, rank and station or assignment of
the respondent; and,
c. narration of the material facts which show the
act or omission constituting the offense, the
time,
date and place of commission.

39
 Accompanied by affidavits of witnesses
and other documents in support thereof
 Likewise attached, or as integral part of
the complaint is a certificate of non-forum
shopping. If the same is not included in
the complaint, the complainant shall be
required to submit it within five (5) days,
otherwise, the complaint will be dismissed
 Verbal complaint or walk-in complainant
 Letter-complaint not under oath nor based
on official reports
 Anonymous complaint
 Territorial jurisdiction where the offense
was committed
40
PRE-CHARGE EVALUATION – is the
process to determine the existence of
probable cause based on the allegations of
the complaint and other supporting
evidence.
Evaluation – the Disciplinary Authority or IAS,
excluding the PLEB shall, within three (3) days
from
receipt of the complaint, designate an officer to
evaluate the complaint and its attachments:
a. to close or drop for lack of probable cause;
b. to refer to the appropriate disciplinary
authority;
c. to treat the same as a grievance or request
for
assistance; and,
d. recommend for summary hearing. 41
 Any action taken thereon by the Evaluator is
recommendatory in character and is always
subject to the approval by the disciplinary
authority.
 On the finding of probable cause or upon
receipt of the Pre-Charge Evaluation Report,
the office tasked by the Disciplinary Authority
to maintain the records of administrative cases
shall enter the case into its official docket by
stamping thereon the time, date of receipt and
the assigned case number.
 The entry in the official docket formalizes the
filing and pendency of the complaint. Notice
shall be given to DIDM and unit assignment of
respondent.
 Within five (5) days from receipt and docketing
of the complaint, the Disciplinary Authority or42
PREVENTIVE SUSPENSION – the complaining
party after the filing of the formal complaint may file
a
motion for the placement of the respondent under
preventive suspension for a period not exceeding 90
days
based on the following:
a. charge is serious or grave and evidence of
guilt is strong; or
b. there is evidence to show that the respondent is
exerting efforts to harass, intimidate, coerce or
unduly influence the complainant or his or her
witnesses into withdrawing the complaint or
retracting his sworn statement or that of his
witnesses or to tamper with the evidence

43
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.

44
FORMAL HEARING
 Within 3 days from receipt of the complaint, the
Hearing Officer shall issue summons to
respondent
for him to file his answer.
 Answer or responsive pleading to be filed in 3
copies
within 5 days from receipt of the process; must
be under oath and must contain material facts,
either specific denial or affirmation of the
allegations in the complaint; a list of witnesses
and their respective addresses; and other
documents in support of his defense, copy
furnished the complainant.
 No motion to dismiss, motion for bill of
particulars or any other motion shall be allowed
– its filing shall not interrupt the running of 45
reglementary period.
 Failure of respondent to file answer –
general denial of the charge
 If respondent admits culpability –
hearing to continue to determine the
degree of his responsibility and the
appropriate penalty to be imposed

46
PRE-HEARING CONFERENCE
Within 10 days from receipt of the answer 
conduct
pre-hearing conference to be completed in 2 days
1. define and simplify issues
2. enter into admission or stipulation of facts
3. limit the number of witnesses to be presented
4. schedule the date of hearing
5. mark the exhibits
6. thresh out other matters relevant to the case
Witnesses not included in the pre-hearing
stipulations
shall not be allowed to testify. Also the parties may
agree to dispense with summary hearing and in lieu
thereof to submit memorandum on position paper.

47
HEARING PROPER
Within 5 days after the pre-hearing conference,
the
hearing proper commences in the following order:
 Complainant presents evidence with proper
identification and marking of exhibits;
 Respondent will do the same;
 Being summary, direct examination of witnesses will
be dispensed with. The sworn statement or
affidavit
of the parties and their witnesses after proper
identification and affirmation shall serve as their
direct
and oral testimony, except for witnesses who
appear
pursuant to a subpoena;
 Clarificatory questions may be allowed but not
strictly 48
confined to material and relevant matters.
SUBMISSION OF POSITION PAPER
1. Parties during the pre-hearing
conference may agree
to dispense with the formal hearing.
2. Hearing Officer may require the parties
to submit
their respective positions papers within
10 days after
termination of summary hearing.

49
RIGHT TO COUNSEL – Parties have the right to
secure services of counsel. At the start of the
proceeding
this right should be impressed to the parties. Hearing
to
proceed even in the absence of counsel.

POSTPONEMENT – Should be discouraged and shall

be allowed only in meritorious cases, such as, illness of
a
party or counsel
 to be supported by a duly sworn medical certificate
 not more than two postponement schedule shall be
granted

50
PROHIBITION OF REASSIGNMENT DURING
PENDENCY OF CASE – Not allowed unless the
concerned disciplinary authority or IAS certifies
that his
presence is no longer necessary
 Any superior officer who violates this
provision
shall be liable for Irregularity in the
Performance of
Duty.

EFFECT OF FAILURE TO PROSECUTE – Shall

be a sufficient ground to drop or dismiss the
complaint
but best efforts must be exerted to locate the
complainant and his witnesses and inquire why
their 51
EFFECT OF FAILURE OR REFUSAL OF
RESPONDENT TO APPEAR – Deemed to have
waived his right to be present and to submit his
evidence.

EFFECT OF COMPULSORY RETIREMENT –

Does not affect the pendency of his administrative
case
and the award of retirement benefits due him shall
be
subject to its final disposition.

EFFECT OF DEATH – It terminates the

administrative proceedings and has the effect of
exoneration. The fact of death should be evidenced
by 52
SUBMISSION OF REPORT OF
INVESTIGATION – Within 30 days from the date
the case is submitted for resolution, the Hearing
Officer
shall submit his report of investigation together
with
the complete records of the case to the disciplinary
authority for decision.
For the IAS, the provincial director, regional
director
and the Inspector General shall resolve and forward
the
recommendation to the disciplining authority within
30 days from receipt of the report of investigation.
53
RENDITION OF DECISION – The disciplinary
authority shall decide the case within 30 days from
receipt of the ROI or IAS resolution. The failure of
the
disciplinary authority to decide on the IAS
recommendation within the prescribed period shall
render the same final for immediate implementation.

CONTENTS OF THE DECISION – The name of

the parties, rank of the respondent, the offense
charged,
a brief statement of material and relevant facts, the
findings as established during the hearing, the
conclusion,
the applicable laws, rules and regulations,
jurisprudence, 54
RESPONDENT FOUND LIABLE FOR AN
OFFENSE SEPARATE FROM OFFENSE
CHARGED – Is alleged or included in the
recital of the
complaint and the respondent has been
given the
opportunity to answer.

FINALITY OF DECISION – After the lapse

of 10
days from receipt of decision if no appeal
or motion for
reconsideration is filed. 55
MOTION FOR RECONSIDERATION – The party
adversely affected by the decision may, within 10
days
from receipt thereof, file a motion with the
disciplinary
authority based on the following grounds:
a. newly discovered evidence;
b. errors of law or irregularities were committed
prejudicial to the substantial rights of the
movant.

Filing of a motion stays the execution of the

decision.
Only one motion is allowed and shall be resolved
within
56
15 days from receipt thereof.
CERTIFICATE OF FINALITY – Issued by the
disciplinary authority after the lapse of the
period for
filing a motion or appeal.

APPLICATION OF THE PRINCIPLE OF RES

JUDICATA/BAR BY PRIOR JUDGMENT,
ITS REQUISITES
a. final judgment or order
b. jurisdiction over the subject matter and
parties
c. based on the merit of the case
d. identity of parties, subject matter and
cause 57
STENOGRAPHIC RECORDS OF
PROCEEDINGS – The entire proceedings shall be
taken in shorthand or stenotype.
A transcript of the records made and certified
to as
correct by the official stenographer or steno typist
shall
be prima facie correct statement of the proceedings.

58
SERVICE OF NOTICES AND SUMMONS - The
Process Server of the disciplinary authority or IAS shall
serve all notices and summons to the respondent.
a. handing the same to respondent in person at his official
station or residence. If could not be located, the same
shall be served at his last known address as appearing in
his personal file.
b. if he refuses to receive & sign for it, by tendering it to him
If service could not be effected in any of the modes stated,
the notice or summons shall be indorsed to his chief of
police or equivalent supervisor who shall have the duty to
serve the same personally within 5 days from receipt
thereof.
And finally, constructive service by leaving a copy at the
respondent’s official station.

59
FILING AND SERVICE OF PLEADINGS,
PROCESSES AND DECISIONS

a. Filing of Pleadings – presenting the original

copies
to the concerned disciplinary authority, IAS,
appeal
body or by sending them by registered mail
b. Service of Subpoenas and Interlocutory
Orders -
served in accordance with Rule 18 (Service of
Notices
and Summons) but if parties are represented by
counsel, service of orders to the latter is
deemed
60
service to the former.
c. Service of Final Orders/Decisions/Resolutions –-
Final Orders, Decisions and Resolutions shall be
docketed after its release by the disciplinary
authority,
IAS or appeal body and copies shall be served to the
parties personally or by registered mail.
d. Implementation of Final Order/Decisions or
Resolutions Which Have Become Final and
Executory – shall be referred to the PNP Regional
or
equivalent supervisor or Director, DPRM for
implementation within 5 days from receipt of the
request or order, copy furnished the Directors of
Finance, DIDM and respondent’s unit assignment.
Failure or refusal to implement the same is a
ground for
disciplinary action (Serious Neglect of Duty). 61
APPEAL
Party adversely affected by the decision may
appeal
by filing a notice of appeal in 3 copies with the
disciplinary authority within 10 days from receipt of
the
decision, copy furnished the other party and the
appellate body.
The appeal must contain the following:
a. material dates that it was filed on time;
b. assignment of the specific errors of fact or law
or both; and,
c. the specific appellate body where the appeal is
being taken.

62
 Appellant to submit a Memorandum of Appeal in 3
copies
not later than 15 days from the filing of the notice with
proof
that a copy was served to the other party.
DISMISSAL OF APPEAL – Failure of the appellant to
file
notice of appeal and appeal memorandum within the
reglementary period shall be a sufficient ground to
dismiss
appeal.
TRANSMITTAL OF RECORDS – Within 15 days from
receipt of the Notice of Appeal, the concerned
disciplinary
authority shall transmit the whole records to the appeal
board. The transmittal of records is a ministerial duty
and
63
failure or refusal to do so is a ground for administrative
PERIOD TO ACT ON APPEAL – The appeal board
shall decide the appeal within 60 days from receipt of
complete records.
Failure of RAB to decide the appeal within 60 days
from receipt of case records renders the decision of
the
disciplinary authority final without prejudice to the
filing
of appeal by the party adversely affected to the SILG.
Additionally, said RAB will be asked to explain to
the
Commission for its inaction on the appeal.
Appeal filed could be withdrawn at any time prior
to
the resolution by the appeal body but no motion to
64
reinstate the appeal is allowed.
JURISDICTION OF THE SILG ON
POLICE APPEALED CASES
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
the notice of decision: Provided, further, That the
disciplinary action imposed by the Chief of the PNP
involving demotion or dismissal may be appealed to

65
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 failure of the regional appellate board to act
on
the appeal within the said period shall render the
decision final and executory without prejudice,
however, to the filing of an appeal by either party
with the Secretary.

66
NESTOR LASALA, ET AL., VS. CA
SUPREME COURT GR NO.
123568 (JUNE 19, 1996)
Section 45 of RA 6975, and its implementing rules
clearly provide that when the RAB fails to decide
within sixty (60) days from notice of appeal, the
appealed decision becomes final and executory without
prejudice to the filing of appeal with the DILG
Secretary. Thus, it is only when there is failure by
the RAB to decide, not when it decides as in this case
that appeal to the DILG Secretary avails.

67
CABADA, ET AL., VS. ALUNAN
III GR NO. 119645 (AUGUST 23,
1996)
Section 45 of the DILG Act of 1990 specifically
provides that if the RAB fails to decide an appeal
within the reglementary period of sixty (60) days,
the
appealed decision becomes final and executory
without, however, prejudice to the right of the
aggrieved party to appeal to the Secretary of the
DILG. The said provision is however, silent as
regards the availability of an appeal from a
decision
rendered by a RAB within the reglementary period.

68
This gap in Section 45 cannot be construed to
prohibit
appeals from decisions of the RAB rendered
within
the reglementary period, for while the epigraph
of the
section is worded Finality of Disciplinary Action,
there
is nothing therein that explicitly bars any further
appeal.

69
BACALSO VS. NAB THIRD
DIVISION ET AL., CA GR SP NO.
45955
(JANUARY 19, 1999)
In statutory construction, if the statute is clear, plain,
and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation.
Under the abovementioned provision, an appeal to the
DILG Secretary may only be resorted to if the
appealed case was not acted upon within sixty (60)
days by the RAB. However, such is not the case here.
The appeal was with the NAB and it was acted upon

70
within the prescribed period. Thus, the
Memorandum
of Appeal filed with the Secretary of DILG cannot
be
given due course since the latter lacks jurisdiction.
Clearly, the DILG Secretary may only have
jurisdiction of decisions and resolutions of the
RAB.
This can also be deduced from a reading of Sec. 45
of
RA No. 6975 and as clarified in Cabada vs. Alunan
III,
260 SCRA 838.
71
 GOOD GOVERNANCE
Good Governance means a government run by
officials, both elected and appointed, who are good
leaders. Good leaders, on the other hand, are people
imbued with the corresponding traits and values of
competence, honesty, integrity, dedication and
experience. Without these people in responsible
positions of government, the country can never have a
good government. The goal, ideally then is not to elect
and appoint good people in the government but to elect
and appoint the best people to ensure the best
governance.

72
Thank you
and
Good Day!

73