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‘Due process aimed at preventing dismissed cops to reenter PNP’

December 12, 2023 Alfred P. Dalizon 342 views

PNPPOLICE officers and men who have been dismissed from the service due to serious offenses are given ‘due process’ to prevent them from using the same thing in seeking re-entry into the force in the future, the Journal Group learned.

Due process of law refers to rules that are administered in the organization in accordance with established and sanctioned legal principles and procedures with complete safeguards for the protection of individual rights.

In the past, supposed lack of due process was used by many dismissed policemen to get a reinstatement to the force through Motion for Reconsiderations where they cited the following: errors of law or irregularities have been committed prejudicial to their substantial rights and interest; that their dismissal orders were not supported by evidence on record; or they used newly-discovered evidence which would materially affected the rendered decision.

This was recently proven in the case of Lieutenant Colonel Mark Julio Abong of the PNP Legal Service, who was fired from the service in connection with his 2022 deadly hit-and-run case in Quezon City.

At present, only the Chief PNP, the 17 Police Regional Office directors and the National Police Commission have the full authority to order the summary dismissal of an erring PNP personnel.

The three are given powers to summarily dismiss a police personnel in any of the following cases: when the charge is serious and the evidence of guilt is strong; 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; and when the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.

The People’s Law Enforcement Board (PLEB) which is a check and balance mechanism created via Republic Act 8551 or the PNP Reform and Reorganization Act of 1998 also has the power to recommend the dismissal of a policeman but must always submit a ‘Finality of Decision/Resolution’ to the PNP before the latter can issue the dismissal order.

Just like in the case of Lt. Col. Abong of the PNP Legal Service, the decision of the PLEB shall become final and executory, provided that the decision may be appealed by either party with the Napolcom’s Regional Appellate Board within 10 days from receipt of the copy of the decision.

Once a ‘Finality of Decision/Resolution’ is issued imposing upon a respondent a penalty of dismissal from the service, it shall be immediately executory.

Last month, Sec. Abalos, also the concurrent chairman of the Napolcom, said he has signed the dismissal papers of Abong as the DILG denied an appeal filed by the latter before the body.

“This is in relation to his involvement in the hit-and-run and drunk driving incident on August 6, 2022 along Anonas St., Quezon City that killed tricycle driver Joel Larosa and injured a passenger,” the DILG chief said in a press statement.

In line with this, Sec. Abalos instructed PNP chief, General Benjamin C. Acorda Jr. to issue an implementing order for the dismissal of Abong.

It turned out that after the PLEB decision to dismiss him, Abong filed an appeal before the Napolcom-RAB which was denied. As a last resort, he filed another appeal to the DILG.

However, Sec. Abalos said the department affirmed the decision of the RAB finding Abong guilty of three administrative charges classified as grave offense, which warrants a penalty of dismissal from service in the PNP.

Abong’s previous cases were dug up after he was arrested by his former colleagues from the Quezon City Police District under Brigadier Gen. Redrico A. Maranan for allegedly assaulting a waiter and firing a gun twice outside a bar in Barangay Laging Handa last November 26.

He was inquested for alarm and scandal, violation of the Omnibus Election Code or the gun ban, physical injuries and slander before a Q.C. prosecutor’s office.

Furthermore, Sec. Abalos also pointed out Abong’s supposed “admission to the PNP Health Services for treatment of his injuries immediately after the accident and where he was found by attending medical staff to be intoxicated.

Abong’s License to Own and Possess Firearm and Firearm Registration were revoked by the PNP Civil Security Group-Firearms and Explosives Office.

The PNP-CSG headed by Major General Benjamin H. Silo Jr. said the move is part of their effort to ensure that licensed gun-holders won’t use their firearms in the commission of crimes since it would mean the revocation of their gun licenses and permits.

PNP spokesperson Colonel Jean S. Fajardo said that as a rule, only the Napolcom, the PNP Chief and the 17 PNP Regional Directors have the power to order the summary dismissal of an erring police personnel.

“He exerted all legal appeals and last May 23, the PLEB even wrote the PNP that it cannot issue a Certificate of Finality (regarding the dismissal order) due to the motion filed by Abong,” the official said.

Col. Fajardo said that the Regional Appelate Board of the Napolcom also studied the case of Abong and affirmed his dismissal from the service last August although again, the official appealed his case anew and filed another appeal before the Office of the Department of Interior and Local Government. The appeal is yet to be resolved by the DILG.

“Those are the reasons why the PNP cannot issue the dismissal order on Lt. Col. Abong. We don’t want to short-cut the process dahil magagamit na palusot ito to question the dismissal order in the future, meaning reasons of technicality although the Office of the SILG has committed to immediately resolve the case,” she said.

The official said that based on the PLEB’s letter last May, the disciplinary body informed the PNP in particular that they cannot issue a Certificate of Finality yet knowing that Lt. Col. Abong has appealed his case.

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