Section 8. Removal and Suspension of Members of the Integrated National Police. —

Members of the Integrated National Police may be suspended for a period not exceeding one year or removed from the service for misconduct, incompetency, dishonesty, disloyalty to the government, irregularities in the performance of duties, neglect of duty or violation of law, upon written complaint filed under oath with the Hearing Office of the National Police Commission, in the province or city where such member is assigned: Provided, That once an administrative complaint on any of the grounds herein mentioned is filed under oath with the Hearing Officer or with the commanders referred to in Section 1 of the Decree, such commanders may, based upon their own findings of fact and in the interest of the service suspend the respondent pending resolution of the case unless lifted by the Director General or the National Police Commission: Provided, further, That the commander concerned shall, in case the complaint is filed directly with him, refer the same to the Hearing Officer without unnecessary delay. In provinces where there are no appointment Hearing Officers yet, such complaint shall be filed with the Board of Investigators of the locality.

Neglect of Duty or Non-feasance is the omission or refusal, without sufficient excuse, to perform an act or duty, which was the officer's legal obligation to perform.

Irregularities in the Performance of Duties is the improper performance of some act which might lawfully be done.

Misconduct or Malfeasance is the doing either through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as where he acts without any authority whatsoever or exceeds, ignores or abuses his powers.

Incompetency is 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 a peace or public safety officer.

Dishonesty is the concealment or distortion of truth in a matter of fact relevant to one's office or connected with the performance of his duties.

Disloyalty to the Government consists of abandonment or renunciation of one's loyalty to the Government of the Philippines, or advocating the overthrow of the Government.

Violation of Law presupposes conviction in Court of any crime or offense penalized under the Revised Penal Code or any other penal law or ordinance.

Upon the filing of the complaint against a member of the Integrated National Police with the Hearing Officer of the Province or City where the respondent is stationed, a copy of the said complaint shall be furnished the former by the Hearing Officer within five (5) days from the date of filing therefor, and the respondent shall answer within five (5) days from receipt thereof.

Within five (5) days from receipt of respondent's answer or from the expiration of respondent's period to answer, whichever is earlier, the Hearing Officer shall conduct a preliminary inquiry for the purpose of determining whether or not a prima facie case exists against the respondent. In such preliminary inquiry, the Hearing Officer shall examine under oath both parties and their witnesses, with a view of ascertaining the existence of a probable cause against respondent. Should the Hearing Officer finds no prima facie case against the respondent, he shall drop the case, subject to appeal by the complainant to the Adjudication Board of the Commission, within fifteen (15) days from receipt of the notice of dismissal: Provided, That the Commission may order the reopening of the case motu propio if the interest of justice so warrants.

Should the Hearing Officer find during the preliminary inquiry a prima facie case against the respondent, he shall within ten (10) days from the termination of the preliminary inquiry, conduct a formal investigation of the case. If the charges is serious and evidence of guilt appears strong, the Hearing Officer shall immediately recommend to the National Police Commission the suspension of the respondent, pending final disposition of the administrative case, unless sooner lifted.

Unless for good cause shown, the investigation shall be finished within thirty (30) days from the commencement thereof and the corresponding findings are recommendation thereon shall be submitted by the Hearing Officer within thirty (30) days from the termination of the investigation to the Adjudication Board of the Commission for decision.

The decision of the Adjudication Board shall be final except where it involves removal or dismissal from the service, in which case the respondent may within fifteen (15) days from his receipt of the decision, appeal the same to the Appellate Committee of the National Police Commission for review and final disposition.

The term member used in this Decree shall be understood to refer to the uniformed or regular police, jail or fire personnel of the Integrated National Police.