Section 52Sec./Art. 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 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 Commission shall provide in its implementing rules and regulations a scale of penalties to be imposed upon any member of the PNP under this Section.

"(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.

"(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the disciplining authority who has acquired original jurisdiction over the case and notwithstanding the existence of concurrent jurisdiction as regards the offense: Provided, That offenses which carry higher penalties referred to a disciplining authority shall be referred to the appropriate authority which has jurisdiction over the offense.

"For purposes of this Act, a 'minor offense' shall refer to any act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include, but not limited to:

"(1) Simple misconduct or negligence;

"(2) Insubordination;

"(3) Frequent absences and tardiness;

"(4) Habitual drunkenness; and

"(5) Gambling prohibited by law.

"(d) Forum shopping of multiple filing of complaints. – When an administrative complaint is filed with a police disciplinary authority, such as the People's Law Enforcement Board (PLEB), no other case involving the same cause of action shall be filed with any other disciplinary authority.

"In order to prevent forum shopping or multiple filing of complaints, the complainant or party seeking relief in the complaint shall certify under oath in such pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the following facts and undertaking:

"(a) that he has not heretofore commenced any other action or proceeding involving the same issues in other disciplinary forum;

"(b) that to the best of his knowledge, no such action or proceeding is pending in other police administrative disciplinary machinery or authority;

"(c) that if there is any such action or proceeding which is either pending or may have been terminated, he must state the status thereof; and

"(d) that if he should thereafter learn that a similar action or proceeding has been filed or is pending before any other police disciplinary authority, he must undertake to report that fact within five (5) days therefrom to the disciplinary authority where the original complaint or pleading has been filed."