We have mixed reactions when the issue of Police Regional Apellate Board (PRAB) Chairpersons being designated as Summary Dismissal Officers is being discussed. The reactions range from shock to despair, elation to dismay. We are appreciative of the recognition of our capability but we could also be overburdened. For one thing, many of the PRAB Chairpersons if not all have pending appealed cases which are either carried over from previous months or newly received cases for the current month.
This issue cropped up in the recently concluded Seminar–Workshop on Enhancing Napolcom Administrative Disciplinary System held at Richville Hotel in Mandaluyong City. The fact still remains that there are vacant lawyer positions in the Napolcom Regional Offices nationwide which, for one reason or another, have yet to be filled-up.
Many of our Legal Officers designated as Summary Hearing Officers are having difficulty in disposing the administrative cases assigned to them. The most common reason for the delay is that parties’ counsels have previous commitments. Another is the non-compliance or non-observance of the provisions of Section 17 of the Napolcom Memorandum Circular No. 98-014 which states: “Postponement of hearing shall be discouraged. It shall be allowed only in case of illness on the part of either the complainant of respondent which shall be supported by a duly sworn medical certificate. Only one (1) motion for postponement shall be allowed regardless of the grounds invoked”. While we may consider the aforementioned provisions as merely directory, nonetheless we must always endeavor towards prompt disposition of cases. Besides, the rules promulgated by our office conform to rules on summary procedure with appropriate regard to due process of law.
With the Commission’s determination to de- clog these pending administrative cases, an urgent request by concerned officials to enlist the PRAB Chairpersons as troubleshooters is being sought. Modesty aside, the Napolcom Regional Office No. 5 based in Legazpi City has found ways to assist the legal officers in disposing cases. Since the time of then Director Cleto R. Suarilla to our present Acting Regional Director Pedro T. Magannon, the PRAB Chairman in Region V has been actively involved in one of the major thrusts of Napolcom, that is, to professionalize the police force.
Republic Act No. 6975 as amended by Republic Act No. 8551 provides that the formal administrative disciplinary machinery of the PNP shall be the National Appellate Board and the Regional Appellate Board shall be composed of a senior officer of the Regional Commission as Chairman and one (1) representative each from the PNP and the Regional Peace and Order Council as members. In Region 5, the members of PRAB 5 are P/ SSupt. Romeo C. Hilomen and Dir. Pelagio P. Señar, Jr. of the Commission on Human Rights (CHR 5).
I have the time to look into the PRAB Chairpersons’ functions and duties as appearing in the Position Description Form (BC-CSC Form No. 1). The PRAB Chairpersons’ functions are divided or categorized into two (2) parts: A) Quasi- Judicial Functions in the Exercise of its Appellate Juirisdiction and B) Legal/ Administrative Function. It is on the second category that PRAB Chairpersons perform such other duties assigned to them, aside from the categorical statement contained in the PDF to CONDUCT SUMMARY HEARINGS ON ADMINISTRATIVE CASES AGAINST PNP MEMBERS.
But I have my own personal reservations regarding the detailed service (DS) of PRAB Chairpersons to the Central Office. I am a bit worried that with the mounting administrative cases, either brought by walk – in clients or the investigation originated in the Central Office but subsequently referred to the concerned Regional Office with instructions that the PRAB Chairperson therein will be the one to hear the case. Considering the batting average of Napolcom Legal Officers disposing these cases, there is that big possibility that regional cases might pile up due to the proposed detail of some PRAB Chairpersons at the Central Office. The enlisting of PRAB Chairpersons to the Central Office might also create another problem of worsening clogged Napolcom case dockets in their respective regions.
As public servants, we are guided by this time- honored policy that public office is a public trust. I do not want to sound sentimental but the truth is we devote the best of our lives in the government to render “PUBLIC SERVICE”.
To my dear Commissioners, I therefore strongly suggest to please hire lawyers subject of course to the rationalization plan of our office, for the de-clogging of the cases in the Central Office. And with this simple suggestion, we hope the Department of Budget and management (DBM) will provide the appropriate budget.
