TIME AND AGAIN, policemen who have pending administrative cases before the PNP Regional Director of Police Regional Office 5 (RD – PRO5, for brevity) have been making queries whether they have the right to appeal or elevate their cases to the NAPOLCOM Police Regional Appellate Board (PRAB5, for short). Let us remember that only cases given due course by the RD – PRO5, these are in the nature of Decisions, are appealable to the PRAB5. The recent issuance of NAPOLCOM Memorandum Circular No. 2007 – 001 entitled “Uniform Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police” provided, among others, the basic rules in the appeal before us.
We are not talking here of the “decisions” rendered by the Regional Internal Affairs Service also known as RIAS 5. Their decisions are actually in the nature of recommendations which need to be forwarded to the Regional Director of PRO5 for evaluation and eventually, for the promulgation of Decision.
No wonder, the highest tribunal of the land – the Supreme Court - held that appeal is a statutory right and one who seeks to avail oneself of it must comply with the statute or the rule in effect when that right arises (Miralles vs. Go, 349 SCRA 596). SCRA stands for Supreme Court Reports Annotated published by Central Book Supply Inc. This is not to advertise the publishers of law books but to guide our constituents as to where we can find and read the Decisions of the Philippine Supreme Court. Going back to administrative cases decided by RD – PRO 5, the aforementioned circular will also guide policemen, together with their counsels, if any, who want to exhaust administrative remedies, like appealing their cases to the Board.
In my previous article, I have already explained the composition of the Board which includes the representative of the Regional Peace and Order Council (RPOC) designated through a resolution of the council. RPOC representative to the Board actually represents the public, the community at large. On the other hand, the Police Officer who has appealed before us known as the Appellant cannot claim bias or manifest partiality as the PNP is well represented by its designated or authorized PNP representative to the Board.
Only decisions of the following disciplinary authorities are appealable to PRAB5, namely: People’s Law Enforcement Boards (PLEBS) and RD – PRO5 where the penalty imposed is demotion or dismissal from the police service; decisions of city and municipal mayors in cases falling within their respective jurisdictions; and disciplinary recommendations of the Regional IAS which were not acted upon by the PNP Regional Director or equivalent supervisor within thirty (30) days from submission by the Regional IAS, where the recommended penalty is demotion or dismissal from the service (see: Section 3, Rule 7 of MC 2007 – 001). The police officer must file a Notice of Appeal and Memorandum on Appeal, all in three (3) legible copies containing the material dates showing that it was filed on time, the assignment of specific errors of fact or law, or both, allegedly committed by the disciplinary authority and the specifi c appellate body to which the appeal is being taken (section 20, ibid).
In Rule 9, the decisions of the Regional Appellate Board may be appealed to the Secretary of the Department of the Interior and Local Government (SILG) in accordance with section 20 of the rules. The decisions of the latter may be appealed before the Civil Service Commission (Rule 10). This goes without saying that the remedies afforded by law to alleged erring officers in uniform are wide likea baseball playing field. You may visit our website at www.napolcom.gov.ph or you may send your email to ffba7680@yahoo.com.ph for your queries or reactions.
