Courtesy resignation violates security tenure (2)

“There are various creative ways of removing the narco cops from their position of power and influence which they use in their criminal nefarious activities.

Members of the Philippine National Police are covered by the civil service law, not being under the exempt service which is not covered by it.

Republic Act 2260 otherwise known as “An Act To Amend And Revise The Laws Relative To Philippine Service,” particularly Section 32 states:

“SECTION 32. Disciplinary Action. No officer or employee of the civil service shall be removed or suspended except for cause as provided for by law and after due process: xxx”

Republic Act No. 6656, otherwise known as “An Act To Protect The Security Of Civil Service Officers And Employees In The Implementation Of Government Reorganization,

particularly Section 1 and Section 2 thereof states:

“Necessarily, removing them by the simple expedient of accepting their resignation, made under undue influence and subtle coercion is violative of their security of tenure.

“SECTION 1. It is hereby declared the policy of the State to protect the security of tenure of civil service officers and employees in the reorganization of various agencies of the National Government.

SECTION 2. No officer or employee in the career service shall be removed except for a valid cause and after due notice and hearing. xxx.”

The PNP officers being covered by the service law are therefore entitled to security of tenure, meaning they have the right to remain in their positions until their retirement or removed for cause after due notice and hearing.

Necessarily, removing them by the simple expedient of accepting their resignation, which resignation was made under undue influence and subtle coercion is violative of their right to security of tenure. No amount of repeated declaration that the call for the courtesy resignations is just an appeal and not an order can extinguish its coercive character.

Since the Department of the Interior and Local Government and the PNP top heads already know these nine PNP colonels and generals, they certainly can remove them by exercising their powers over them.

The PNP Chief for instance can remove the colonels and the generals involved in illegal trafficking of drugs from their present positions of clout and influence, and place them into floating status, while the PNP gathers evidence preparatory to filing administrative and criminal charges.

Under Republic Act 8551, otherwise known as “An Act Providing For The Reform and Reorganization of the Philippine National Police And For Other Purposes, xxxx,” particularly Section 53, amending RA 6975, the PNP Chief has the power to summarily dismiss any respondent PNP member, to wit:

“SECTION 53. Section 42 of Republic Act 6975 is hereby amended to read as follows:

Section 42. Summary Dismissal of the National Police Commission, PNP Chief and PNP Regional Directors. — The National Police Commission, the chief of the PNP, the regional directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases:

(a) when the charge is serious and the evidence of guilt is strong;

(b) 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

(c) when the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.”

Another creative way of removing them without resorting to the questionable and repulsive courtesy resignation is to file criminal charges against those nine PNP officers involved in illegal drugs, which will put them automatically in preventive suspension for 90 days, under the same Republic Act 8551, amending Republic Act 6975, particularly Section 55 thereof, to wit:

“SECTION 55. Section 47 of Republic Act No. 6975 is hereby amended to read as follows:

Section 47. Preventive Suspension Pending Criminal Case. — Upon the filing of complaint or information sufficient in form and substance against a member of the PNP for grave felonies where the penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the accused from office for a period not exceeding ninety (90) days from arraignment: xxxx”

So while the respondent police officers are preventively suspended and out of their positions, the PNP can work to strengthen their cases against them and get a conviction in court that they may be incarcerated.

The PNP can also file administrative charges against those nine high-ranking PNP officers for illegal drugs which will place them under preventive suspension of 90 days as provided in

Section 25, Rule

5 of the Revised Rules On Administrative

Cases In The Civil Service, to wit:

“Section 25. Duration Of Preventive Suspension. — Unless otherwise provided by law, the disciplining authority may place the respondent under preventive suspension for a maximum period of ninety (90) days in the case of national agencies xxxx”

In other words, there are various creative ways of removing the narco cops from their position of power and influence, which they use in committing their criminal nefarious activities, without requiring 99.99 percent of the top PNP hierarchy to submit courtesy resignations, that subtly but coercively infringe on their security tenure, thereby unduly and unnecessarily causing deep resentment and demoralization among those who remain fealty to their oath of office, and who perform their duties with integrity and efficiency.