I’M talking of the real big need for the Philippine National Police to ‘fix the systems already in place’ and really plug the leaks to effectively prevent rogues in uniform from reentering the force.

Come to think of it, many previous PNP chiefs have consistently told me that they already have a system to prevent policemen who have been fired from the force after being found guilty of grave offenses but in reality, there are still complaints that some have managed to get reinstatement.

The most common explanation given to me is that in most probability, these misfits and scalawags ‘bought’ their way back to the PNP, bribing some ‘insiders’ while their superiors are not looking and taking advantage of the so-called ‘due process.’

On Monday, PNP chief General Benjie Acorda ordered all police regional offices outside Metro Manila to also look into the possibility that some of their dismissed rogue personnel are being or have already been helped by some of their colleagues to get their reinstatement orders.

The top cop issued the order as he commended National Capital Region Police Office director Major Gen Tateng Nartatez for his strict internal disciplinary program which has led in the discovery of the ‘missing case folders’ anomaly.

“That is alarming because we have our integrity enhancement program. Thus, I am encouraging all other regions to review and check their system for the same reason,” Gen. Acorda said.

Maj. Gen. Nartatez said that from July to December last year, the NCRPO under him resolved 432 administrative cases of which 224 or 52 percent led to the dismissal or the accused policemen.

“We are investigating if there are personnel who are in cahoots with each other or acting in connivance to delay the resolution of these cases.

We are being mobbed from the inside by these groups, which cause these delays on missing case folders,” he told me.

Maj. Gen. Nartatez said that in one case, they discovered that one of their personnel forged the signature of an official to downgrade the dismissal order issued to an erring policeman to a mere suspension. This prompted the official to commit to ‘fix the systems in place’ to prevent similar irregularities.

Official PNP records showed that from July 1, 2022 to last January 3, a total of 3,932 erring policemen or 1.7 percent of the PNP’s total strength have been meted with administrative penalties.

Of the 3,932 who were penalized during the period, a total of 985 were fired from the force; 230 got demoted; 1,701 were suspended; 694 were reprimanded; 109 had their privileges withheld; 134 had their salaries forfeited; and 79 were restricted from leaving police camps.

However, there is also a need to check the records of policemen who have been dismissed from the service for grave misconduct who are now again wearing their uniform, thanks to their ‘patrons.

Gen. Acorda said it all when he maintained that the ‘record keepers’ or the ones in-charge of the case folders of these misfits and scalawags must also be investigated and sanctioned if they are found out to have had something to do with the anomaly.

“Dapat ding managot mga record keepers, bakit napipigtasan ang mga case folders and make sure that this will not happen. Dapat me sanctions sa mga involved at hindi puwedeng mapipigtasan o mawawala mga papers,” the top cop said.

Over the years, many officials have maintained that full digitization of case folders of members of the police force facing criminal and administrative cases specifically those involving grave misconduct will prevent dismissed rogues in uniform from being able to return to the force by simply making their ‘papers mysteriously disappear.’

In many cases, enterprising policemen would just wait for the retirement of PNP chiefs or RDs who signed their dismissal papers before looking for ‘padrinos’ that will help them get their reinstatement papers, of course for a fee.

Maj. Gen. Nartatez said he has ordered an investigation into the ‘missing case folders’ of some Metro Manila police personnel facing various administrative charges citing their findings that some of these cases have already been previously resolved by their disciplinary bodies but were not implemented.

“Some cases were also reversed or dismissed simply because of lapses in procedure,” he said while revealing that under him, the NCRPO has registered a 178 percent increase in case resolution efficiency last year.

Nartatez has been the NCRPO chief since July 7 last year. He replaced Major Gen. Edgar Alan O. Okubo who became the Metro Manila police chief on February 27, 2023 after a short stint as director of the elite PNP Special Action Force. On the other hand, newly-promoted Lieutenant Gen. Jonnel Estomo was the NCRPO chief from August 8, 2022 to February 23, 2023.

The PNP leadership has also directed the PNP Directorate for Personnel and Records Management to protect their database of policemen who have been penalized with dismissal from the service after being found guilty of grave misconduct to prevent their easy reinstatement to the force.

The PNP leadership has also ordered the immediately resolution of all motions for reconsideration filed by dismissed police personnel. However, the PNP has also maintained that police 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.

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.

It was recently proven in the case of Lieutenant Colonel Mark Julio Abong of the PNP Legal Service, who was fired from the service by Gen. Acorda last December 18 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 the now dismissed 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 December, Sec. Abalos, also the concurrent chairman of the Napolcom, 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 Gen. Acorda to issue an implementing order for the dismissal of Abong which the top cop did on December 18. It turned out that after the PLEB ordered his dismissal, 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.

AUTHOR PROFILE

Alfred P. Dalizon