What happens when a police officer is relieved from post?
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| Photo from news.mb.com.ph |
Lately, there has been a spate of crimes involving the members of the Philippine National Police (PNP). The most notorious were PNP Caloocan. The killings of Kian Delos Santos, related to the war on drugs of the present administration and the case of Carl Angelo Arnaiz, are among the most infamous cases involving police officers.
We often hear or read in the news that the involved police officers were RELIEVED from their posts. But what really does it mean when it is said that the police officer implicated in wrongdoing is relieved?
Of course, under our law, no one shall be deprived of his life, liberty, or property without due process of law. PNP members relieved from the post will not be automatically terminated or removed from service “ora mismo” or immediately after the relief order was issued. He or she must be accorded the well-entrenched principle of DUE PROCESS.
Due process is but giving the person the opportunity to explain his side. In one case, the Supreme Court held that the due process requirements “are satisfied where the parties are afforded fair and reasonable opportunity to explain their side of the controversy at hand.” [Samalio vs. CA, G.R. No. 140079, March 31, 2005]
As a matter of course, a police officer relieved from the post is removed from his current assignment (police station/department) and is usually placed under the control of Personnel Holding and Accounting Unit of the PNP or assigned to another jurisdiction while the administrative and/or criminal cases against him are being processed.
Depending on the gravity of the offense involved, administrative penalties that can be imposed upon the erring officer ranges from withholding of benefits to termination from the service.
There are, however, instances where a police officer may be summarily dismissed from the service under the following circumstances:
1) the charge against him/her is serious and evidence of guilt is strong,
2)respondent is a recidivist or repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges, and
3)when the member is guilty of a serious offense involving conduct unbecoming of a police officer.
That is pursuant to Section 53 of the Republic Act (RA) 8551, otherwise known as the Philippine National Police Reform and Reorganization Act of 1998, amending Section 42 of RA 6975 or known as the Department of the Interior and Local Government Act of 1990.
Further, under Section 26, Title IV of RA 8551, those police officers who were relieved for just cause and who have not been given assignment within two (2) years after relief shall be RETIRED or SEPARATED from the service.
With the clear provision of the law, I believe it is safe to assume that most probably relief from the post will eventually lead to severance from service through non-assignment to another post. Section 30 of RA 8551, provides that the officer may be retired if he/she has been in the service for at least twenty (20) years. Separated if less than twenty (20) years except disqualified by law to receive such benefits.
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