Reviewer: Module 3 (Part 2 – Thursday)

I. HPAF LETTER DIRECTIVE NR 11 DATED 14 DECEMBER 2022: REVISED POLICY ON DRIVING

UNDER THE INFLUENCE OF LIQUOR

➢ Republic Act 10586 (An Act Penalizing Persons Driving Under the Influence of Alcohol,
Dangerous Drugs, and Similar Substances, and for other Purposes;
➢ Republic Act No. 4136, also known as the Land Transportation and Traffic Code;

What is Driving Under the Influence of Liquor?

Driving Under the Influence of Liquor (DUIL) - refers to the act of operating a motor vehicle
while the driver's BAC level has, after being subjected to a chemical test, reached the level of
intoxication, as established jointly by the DOH, the NAPOLCOM, and the DOTC, in these Rules. For this
purpose, a driver of a motor vehicle with a gross vehicle weight not exceeding 4500 kgs and a BAC of
0.05% or higher shall be conclusive proof that said driver is driving under the influence of alcohol.
For drivers of trucks, buses, motorcycles, public utility vehicles, and government vehicles, a BAC of
more than 0.0% shall be conclusive proof that said driver is driving under the influence of alcohol.

Terminologies
• Alcohol/Liquor - refers to alcoholic beverages classified into beer, wine, anal distilled spirits,
the consumption of which produces intoxication.
• Alcohol Breath Analyzer (ABA) Test - refers to the breath test to determine the BAC level in a
person's body.
• Blood Alcohol Concentration (BAC) - refers to the measure of the amount of alcohol in a
person's blood.
• Breath Analyzer also known as Alcohol Breath Analyzer (ABA) - refers to the equipment which
can determine the blood alcohol concentration level of a person through testing of his/her
breath.
• Field Sobriety Test(FST) - refers to standardized tests to initially assess end determine
intoxication, namely: the eye test (horizontal gaze nystagmus), the walk-and-turn, and the one-
leg stand.
• Law Enforcement Officer (LEO) - refers to law enforcement officers of the Land Transportation
Office or authorized PAF personnel trained and deputized by the LTO to enforce the provisions
of this Letter Directive.
• Motor Vehicle - refers to any land transportation vehicle propelled by any power other than
muscular power.
• Persons in Authority (PIA) - refers to all personnel officially detailed as Command Duty Officer
(CDO), Field Duty Officer (FDO), Security Officer of the day (SOD), Action Duty Officer, Non-
Commission Officer of the day (NCOD) and other similar detail, Unit Commanders, Provost
Marshal Personne1 and Air Police Personnel.

Policies
• A driver of a motor vehicle involved in a vehicular accident shall be immediately subjected to
an ABA test to determine the presence and/or concentration of alcohol. A PIA/LEO may use
other alcohol testing equipment, such as GCMS, whenever the use of an ABA is not practicable
under prevailing circumstances.
• In the absence of a chemical test, witness accounts, such as passengers of either car, people
who have personal knowledge and witnessed the driver consuming alcohol/liquor, and people
in the vicinity where the vehicular accident/incident occurred who has firsthand knowledge

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leading up to, during, and after the vehicular accident/incident, shall be used during the course
of the investigation.
• Investigation report on DUIL cases committed or apprehended by other law enforcement
agencies shalt be used as a reference for the conduct of administrative cases.

Procedures
• Any PAF personnel who are suspected to be DUIL are mandated to undergo Field Sobriety Test
and/or chemical tests as soon as practicable. In case the respondent refuses to undergo Field
Sobriety Test and/or chemical tests, he/she shall be formally charged with violation of AW 65
(Willfully Disobeying Superior Officer) and/or AW 97 (General Article).
• Upon personal determination of probable cause, a PIA/LEO shall flag down the motor vehicle,
inform the driver of the reason for the said flag down, direct the driver to step out of the
vehicle, and determine whether or not the driver is drunk. If the PIA/LEO has reasonable
grounds to believe that the driver is drunk, the PIA/LEO shall expressly inform the driver of
his/her assessment and the driver shall be directed to perform all the three field sobriety tests
on site.
➢ The Eye Test (“horizontal gaze nystagmus”) refers to horizontal or lateral jerking of
the driver's eyes as he or she gazes sideways following a moving object such as a pen
or the tip of a penlight held by the PIA/LEO from a distance of about one (1) foot away
from the face of the driver.
➢ The Walk-and-Turn requires the driver to walk heel-to-toe along a straight line for nine
(9) steps, turn at the end, and return to the point of origin without any difficulty.
➢ The One-Leg Stand requires the driver to stand on either the right or left leg with both
arms on the side. The driver is instructed to keep the foot raised about six (6) inches
off the ground for thirty (30) seconds.
• If the driver fails any of the FSTs, the PIA/LEO shall proceed to determine the driver's BAC level,
through the use of the ABA in coordination with MTF/Air Base Group (ABG).

• A driver who, after ABA testing, registers a BAC higher than the prescribed limit may be placed
under a custodial facility for military personnel. The motor vehicle shall also be brought to the
ABG/ Motor pool of the unit for investigation.

• In case the BAC is within the allowed limit, the driver shall be investigated for traffic offense
only and not for violation of the Letter Directive.

• For cases involving Civilian Human Resource, he/she shall be referred for the conduct of formal
investigation for grave misconduct if the incident involves serious physical injuries or loss of
life, or simple misconduct if the incident did not result in serious physical injuries or loss of life.

• In the course of the investigation, if the driver who tested positive for alcohol and /or his/her
passengers, were found to have possibly committed another offense not falling under the
policy, he/she/they shall be subjected to another investigation for the said offense/s.

• A driver who, after ABA testing, registers a BAC higher than the prescribed limit may be placed
under a custodial facility for military personnel. The motor vehicle shall also be brought to the
ABG/ Motor pool of the unit for investigation.

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Penalty/Sanction

If the violation did not result in serious physical injuries and/or loss of life:

First offense
• Officers – Will be investigated for violation of AW 97 (Conduct Prejudicial to Good Order and
Military Discipline)
• Airman to A2C - discharge without honor from the Military service
• A1C and above - two (2) ranks demotion
• Civilian Human Resource - will be investigated for simple misconduct

Second offense
• Officers – Will be investigated for violation of AW 96 (Conduct Unbecoming an Officer and a
Gentleman)
• EP regardless of rank- discharge without honor from the Military service
• Civilian Human Resource - will be investigated for Conduct Prejudicial to the Best Interest of
the Service

If the violation resulted in serious physical injuries and/or loss of life:

• Officers – Will be investigated for violation of AW 96 and AW 97

• EP - discharge without honor from the Military service
• Civilian Human Resource - will be investigated for Grave Misconduct

**LETTER DIRECTIVE NR 27 DATED 06 MARCH 2019: PROHIBITION IN PUBLIC DRINKING PLACES

Reference A

Subject: Involvement of Military Personnel in Brawls in Public Drinking Places Despite Existing
Policies Banning Them from Such Places;

• It is hereby reiterated that night clubs, disco pubs, beer joints and other similar drinking places
are to be kept strictly off-limits to all military personnel except when their presence therein is
required by official duty and is specifically authorized in written mission orders

Reference B

Subject: Implementation of Ban of AFP Personnel from Public Drinking Places;

• For clarification, the prohibited places covered under the ban are those places open to the
general public where liquor is the principal commodity being served, included in this definition
are:
a. Disco pubs
b. Beer houses
c. Cabarets
d. Bars
e. Cocktail lounges
• Establishments which are reputedly known in the locality as serving liquors as a principal
commodity but operating under the guise of restaurants and cafes.

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• Kiosks, “sari-sari” store, “pondas” and makeshift stores usually found along piers, railroad
stations, bus terminals and other places where liquor is served and where drinking on the
counter or its premises is part of their business
• Exceptions to the above are private clubs, which require membership on the use of its facilities,
such as the officers Country, EP Club, Army and Navy Club and hotels where social functions
such as conferences, committee meetings, weddings, baptismal parties and similar affairs are
normally held.
• The mere presence of AFP Personnel in prohibited places whether armed or not and whether
in uniform or not is prohibited except when such place is specifically indicated in his mission
order in accordance with Cir 8, s-1978, GHQ AFP.
• Likewise, drinking outside the residence which is prohibited by municipal ordinance shall be
ground for disciplinary action provided herein
• Since AFP Personnel are entitled to relaxation and those in transit are necessity to have to take
their meals in public places, Unit Commanders must advise them as to the places they can go.
• It is the essence of this directive that drunkenness has been determined to be the root cause
of most of the cases of indiscipline and therefore whether intoxicating liquor is imbibed in
prohibited places or not, it is strictly prohibited for any members of the AFP to be found in
public places drunk, slovenly or shabbily attired and acting in a disorderly manner. Unit
Commanders should implement this directive in this spirit.

Reference C
Subject: Summary Dismissal/Separation of Military/lNP Violators of Ban on Nightclubbing or
Drinking Place
• The MND considers the violation of the ban as a serious offense since it constitutes a defiance
of a policy which he regards as imperative to the maintenance of good order and discipline
forming the very core of professionalism in both the military and police service.
• Violation of the aforecited ban must therefore be fully met with as drastic a measure as
summary dismissal from the service consistently with the need to secure speedy and
exemplary justice in the following manner:
• A. For AFP Enlisted personnel-Recourse should be made to Article of War 109, as amended by
RA 242 & Executive Order No.389, s-50, and further implemented by GHQ Circular Nr.30,s-72,
but in strict observance of the procedure and conditions laid down on a memorandum of this
Office on the subject dated December 24,1970;
• ..c For AFP Commissioned Officers (Regular and Reserve Officers on Active Duty)-
Administrative Separation shall be determined by the AFP Efficiency and Separation Board
constituted pursuant to Executive Order No.475 dated October 28, 1976, by considering the
totality of the respondent’s service in determining his fitness to remain in the service, or
otherwise the appropriate sanction, seeing to it that such proceedings shall be concluded in a
week’s time;

1. References above pertains to the directive that nightclubs, disco pubs, beer joints, and other
similar drinking places are to be kept strictly off-limits to all military personnel except when
their presence therein is required by official duty and is specifically authorized in written
mission orders. That violation of the said directive is considered a serious offense that must be
fully met with drastic measure of dismissal/separation from the military service .

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2. Military personnel are considered as bastion of discipline for being bearer of firearms and other
forms of deadly weapon; therefore, it is hereby directed that all military personnel are
prohibited in public drinking places except when in the performance of official duty.
3. Henceforth, all Unit Commanders/Head of Offices shall conduct regular Troop Information and
Education (TI&E) among military personnel for the effective implementation of this directive.
4. The Provost Marshal Unit/Office or its equivalent shall conduct investigation against military
personnel who violate the policy on prohibition in public drinking places and shall be dealt with
in accordance of Article of War (AW) 105 while those who will be involved in brawls or any act
of misconduct in public drinking places is tantamount to grave misconduct that may merit
higher penalty including separation from the service as deemed necessary.
5. Failure of the Unit Commanders/Head of Offices to implement this Directive shall be dealt in
accordance with the existing rules and regulation.

II. AFP ANTI-NARCOTICS POLICY: INVESTIGATION OF DRUG RELATED CASES AND OTHER
AFP POLICIES, RULES AND REGULATIONS

Drug
- A drug is a chemical substance that brings about physical, emotional or behavioral change in
a person taking it.

Drug Abuse
- Drug Abuse is the use of any chemical substance, licit or illicit, resulting to individual’s physical,
mental, or social impairment.

In the Philippine Setting…

Republic Act 9165: Comprehensive Dangerous Drugs Act of 2002
-signed on 07 June 2002, published on 19 June 2002 and took effect on 04 July 2002

-Mandated the Dangerous Drugs Board to be the policy-making and strategy formulating body on drug
prevention and control
-Creation of the Philippine Drug Enforcement Agency (PDEA) as its implementing Arm
-Unlawful Acts and Penalties relative to the importation, manufacture, sale, use and possession of
illegal drugs

AFP Circular Nr 03: AFP Anti-Narcotics Policy

-dated 01 April 2003
Purpose
- Prescribes the policies and guidelines for AFP counter-narcotics actions to strengthen and
reinforce military anti-drug efforts within its ranks and organization and its jurisdiction in
support to the implementation of the National Anti-Drug Campaign Program

Applicability
- Applies to all officers, enlisted personnel, civilian employees, military dependents residing
inside camps and employees of concessionaires of the Armed Forces of the Philippines and
shall cover the areas of education, prevention, rehabilitation, enforcement, and prosecution
and the disposition of drug offenses and/or military drug related cases

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Anti-Drug Task Force “MOSES”..

- -was created by virtue of AFP Directive dated 17 July 2011, in order to identify, apprehend,
investigate and aid in the prosecution of AFP personnel engaged in the use of illegal drugs and
other drug-related activities through the conduct of active CI operation and/or random drug
test.

AFP SOP Nr 03: Guidelines, policies and procedures on drug testing in the AFP
-dated 08 April 2013

Purpose
- Prescribes the guidelines, policies and procedures in the conduct of drug-testing on all AFP
personnel and AFP civilian employees in support to the implementation of a drug-free
workplace program and the conduct of authorized drug testing for all government agencies.

Guidelines
- All AFP personnel to include the paramilitary forces shall be subjected to drug testing
- There shall be random drug testing to be conducted on all AFP civilian personnel. The selection
of the subjects shall be done on a random basis.
- The drug testing shall be conducted by DTT under the strict supervision of the Task Force
Moses

DND Circular Nr 13: Comprehensive drug-free workplace policy

-17 July 2017

Purpose
- The Circular shall provide for the institutionalization of the drug-free workplace policy, the
adoption of the uniform guidelines on drug testing program and the procedures in the
disposition of personnel found administratively liable of using illegal drugs and/or committing
any prohibited acts under RA 9165

Midas – Philippine Army

Salamander – Philippine Navy
Joshua – Philippine Air Force
Jacob – GHQ

III. CIRCULAR NR 03 DATED 13 AUGUST 2025: REVISED RULES AND PROCEDURES IN

HANDLING DISCPLINARY CASES AGAINST CIVILIAN EMPLOYEE IN THE AFP

Civil Service Commission

Is the premier human resource institution of the government. Part of its constitutional
mandate is to promulgate rules and procedures relating to civil service matters, including
administrative discipline of civil servants.

2017 Revised Rules on Administrative Cases in the Civil Service

Contains the rules concerning disciplinary and non-disciplinary proceeding in administrative
cases in the Civil Service.

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Circular Number 03 dated 13 August 2015: Revised Rules and Procedures in Handling Disciplinary
Cases against Civilian Employee in the AFP
- This circular revises Circular Number 06, this Headquarters, dated 29 October 2001, Subject:
Rules and Procedures in Handling Administrative Cases Against Civilian Personnel in the AFP,
and prescribes more defined rules and procedures in handling disciplinary cases against
civilian employees in the AFP

General Provisions
• No official or employee in the civil service shall be removed or suspended except for cause as
provided by law and after due process
• No complaint against an official or employee shall be given due course unless it is in writing
• In meting out punishment, the same penalties shall be imposed for similar offenses and only
one penalty shall be imposed in each case
• Reassignment of an official or employee shall not be considered as disciplinary action.
• Pendency of an Administrative case shall not disqualify respondent from promotion and other
personnel actions of claiming maternity/paternity benefits

Conduct of Preliminary Investigation

Who conducts preliminary investigation?
Unit assignment
✓ Duly designated military or civilian investigating officer with investigative background
➢ 5 days from the receipt of the complaint, subject Civ HR shall be required to submit his/her
counter-affidavit or comment within 3 days from the receipt of the directive.
➢ If the complaint is initiated by disciplining authority, show-cause order will be issued.
➢ Shall be terminated after 20 days.
➢ In the absence of prima facie, the complaint shall be dismissed
➢ If prima facie is established, formal charge shall be issued.
➢ Issuance of preventive suspension order for a maximum period of 90 days (optional) ( Not a
penalty but mere precautionary measure)

Filing of Motion for Reconsideration

The employee adversely affected by the decision may file 15 days from receipt thereof
a. New evidence has been discovered which materially affects the decision rendered, or
b. The decision is not supported by the evidence on record, or
c. Errors of law or irregularities have been committed prejudicial to the interest of the movant

Filing of Appeal
After a decision has been rendered on the case, the parties or their counsels are furnished
with a copy of the decision. Where the party is not satisfied with the decision, the same may be initially
appealed within 15 days from receipt thereof

Effect of Exoneration
• FINE - it shall be refunded
• DEMOTION – restoration to former position w/o loss of seniority rights with payment of salary
differentials
• TRANSFER – immediate restoration to former post unless the respondent decides otherwise

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• SUSPENSION – immediate reinstatement to former post w/o loss of seniority rights with
payment of back salaries
• DISMISSAL and FORCED RESIGNATION – immediate reinstatement w/o loss of seniority rights
with payment of back salaries

Disciplinary or Administrative Offenses

a. GRAVE OFFENSE (punishable by demotion)
Inefficiency and incompetence in the performance of official duties

b. LESS GRAVE OFFENSES (1st offense – suspension for 1 mo & 1 day to 6 mos; 2 nd offense –
dismissal)
Simple Neglect of Duty
Simple Misconduct,
Discourtesy in the Course of Official Duties,
Insubordination,
Habitual Drunkenness

c. LESS GRAVE OFFENSE (first offense- suspension of 1 mo. and 1 day to 6 mos.; 2 nd Offense-
suspension of 6 mos. to 1 year; 3rd offense-dismissal)
Simple dishonesty

d. LIGHT OFFENSES (1st offense – reprimand; 2nd offense – suspension for 1 to 30 days; 3rd
offense – dismissal).
Simple Discourtesy in the Course of Official Duties
Habitual Tardiness
Gambling
Refusal to Render Overtime

IV. INVESTIGATION REPORT WRITING

Investigation Report
An investigation report is a document that details the findings of an investigation as soon as a
formal complaint is filed or an incident occurs. This is where investigators record the issues of the
matter, analyze the evidence, and formulate a conclusion.

Investigation Report Writing

• The six (6) IR paragraphs:
1. Authority,
2. Matters Investigated,
3. Facts of the case,
4. Discussion,
5. Conclusion, &
6. Recommendation.
Note: If a previous IR had been done, a Background of the case must be included.
• The investigator must be guided by the 5 W’s and 1 H.
• IR format must satisfy the following criteria: Completeness, Conciseness, Accuracy, & Clarity.

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Topic Outline
Rules in preparing the TO
• Purpose of Investigation
• Arrange the specific topics/fact according to sequence
• Discuss/Evaluate topics logically
• Come up with an overall findings and conclusion
• Make the Proper recommendation

Investigation Report Format

I. AUTHORITY:
• Order or instruction of Commander
II. MATTERS INVESTIGATED:
• What the complainant had filed
• Intent or desire of the Commander
OPTIONAL: BACKGROUND OF THE CASE:
• If there is already a previous IR
• Previous disposition of the case
III. FACTS OF THE CASE:
• Details of the specific act allegedly committed
• Elements of the offense charged
• Contents of the affidavits/pieces of evidence by the complainant and his witnesses
• Contents of the affidavits/pieces of evidence by the respondent and his witnesses
• Other relevant evidence
IV. DISCUSSION:
• No restatement of facts in its entirety
• Salient points of the offense charge
• Relevant statements of witnesses
• Weighing of the evidence of both parties
• Applicable Laws, Directives and Circulars
• Indirect conclusion as to the guilt or innocence of the respondent.
V. CONCLUSION:
• Direct statement
• Whether respondent is liable or not
• Applicable Laws, directives and Circulars.
VI. RECOMMENDATION:
• Based on conclusion
• Punishment to be imposed
• Collateral matters

Arrangement of Case Folder

1. Confidential cover sheet 6. Policy used
2. Summary Disposition Form 7. Minutes of Investigation
3. Investigation Report 8. Folder Journal
4. Complaint Sheet 9. Non-forum shopping
5. Attachments as mentioned in the 10. Summonses
Investigation Report (with tabbing)