Res Gestae
Deterrence to excellence
(One of my happiest moments in writing articles and seeing them published here is the reaction I get from my readers – be it negative, positive, or in between.
Over the years, I have been writing topics mostly about the police and for the police. And, I am proud to say now, "I have my own legion of avid readers." There are those who are too critical about my thoughts. But some are also sympathetic with my convictions. At one time, they love me; the other time, they hate me. But, I have same feeling towards them, regardless of their reactions. I love them. I treasure them. They both make me fully aware that I am just a writer… bias with my own thoughts, feelings, convictions, and judgments.
As I continue writing… seeing innovative views in ordinary events, I am hoping that I can touch more lives, provoke minds, suggest perspectives, and change the world (?).
To my dear readers, this column is for you!)
I cannot help but submit to the requests of my readers, whom I presume, are affected by the policy which disqualifies for promotions any police officer who has pending either criminal or administrative cases.
The policy is anchored on the provision of Republic Act 8551, otherwise known as "PNP's Reorganization Act of 1998", Title IV (D),Section 33 (a), which states: "…no uniformed member of the PNP shall be eligible for promotion during the pendency of his or her administrative and/or criminal case or unless he or she has been cleared by the People's Law Enforcement Board (PLEB), and the Office of the Ombudsman of any complaints proffered against him or her, if any."
At the onset, all I can say to these affected police officers is "dura lex, sed lex." The law is hard but it is the law. Accept the fate. You can't do otherwise.
The texts of the law are seemingly clear; thus, applying the rule on statutory construction, it needs no interpretation.
However, I am reminded of a friend in law school who said that there are two ways to approach the law: First, according to its letter that kills and, second, according to its spirit that gives life.
This, I can't be as hard as the letters of the law, but I can be as gentle as its spirit that speaks through the conscience. I am moved to ponder on the spirit of Section 33 (a) of RA 8551. This is what I discovered.
The authorities have indubitably applied Section 33 (a) of RA 8551 according to its letter. Such is to the extent of omitting the exceptions which manifest the conscience of the provision. And, I have a contention that the possible exceptions purport the principle of equity in favor of the concerned police officers.
Equity, as defined in the Philippine Legal Encyclopedia, means a gauge of moral rightness in the interpretation of statutes and in the application of legal rules.
In similar perspective, the Supreme Court explained in the case of Air Manila, Inc. versus Court of Industrial Relations (83 SCRA 579), equity regards the spirit and not the letter, the intent and not the form, the substance rather than the circumstance, as it is variously expressed by different courts.
In lieu of the principle, there is indeed a blatant overlooked, nay mistake, on the implementation of Section 33 (a) of RA 8551.
While it is true that the pending administrative or criminal case is a bar to promotion of any police officer, such is but a general rule. Thus, the authorities should have stretched their brain cells to discover that the pending administrative or criminal case arising from a legitimate, valid police operation can be an exception to the rule.
But, it is a decade now that the myopic interpretation is prejudicing thousands of police officers, in all levels of the PNP echelon. The said interpretation discriminates concerned police officers who have applied for promotion. They have been discriminated as a consequence of their quest for excellence. They have been barred to enjoy their rights because they have been meted with either administrative or criminal charges as offshoots to their participations in a legitimate, valid police operation. And, it is so unfortunate of them.
This reality is crucial in the efforts of the PNP towards its transformation. If transformation connotes, among others, "re-invigorating the spirit of excellence in public service among PNP members", a review and eventually an amendment to the interpretation vis-à-vis implementation of Section 33 (a) of RA 8551 is but necessary.
While the PNP Integrated Transformation Program is aiming to win back the trust and confidence of the community…of the public, there is more reason that it has to aim for gaining back the trust and confidence of its members. And, the immediate attention to this issue is but of paramount importance.
And, should the amendment be materialized, I appeal, in behalf of the concerned police officers, that it would be given a retroactive effect. Such may not be enough to compensate them (the prejudiced PNP members), but surely it will give them confidence to (re) unleash their drives for excellence.
Reminder: "Mamang Pulis / Aleng Pulis, Serbisyong Tama at Malinis."
(For your comments and suggestions, text SMS to 09193161190 or email at rogatepnp@yahoo.com)