Res Gestae
Strategy, not penalty
It is a misconception to use reassignment of police personnel as a form of punishment, may it be due to inefficiency, ineffectiveness or involvement in illegal activities.
The provisions of RA 6975 as amended by RA 8551, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998", do not purport reassignment to punish a police officer. Rather the laws view reassignment of police personnel as a means of setting up a more strategic and effective police operation.
Except for key positions in PNP organization where terms of office are limited by law, the assignments of police personnel (non-commissioned officer) must not be perturbed unless on the account of their personal circumstances. These circumstances are either their place of residences, schools, or fields of expertise. Others have even taken into considerations the financial capability of the police personnel concerned. The last criterion is anchored on the report that about 80% of the country's police force is financially constraint due to loans and credits. Thus, reassigning them to distant police stations would only mean 'making their lives more miserable'.
I am in a contention that, generally, a police officer must be assigned in a police unit closer to his home. This is despite the constitutional provision that speaks of PNP being "national in scope", which purports the flexibility in assignment of police personnel. The rationale is simple – to help the police officer effectively comply with his obligation as public servant and as family man as well.
The theory, however, is argued with some assumptions of inefficiency and ineffectiveness of police personnel whose discharges of functions are affected or tainted with bias and irregularities due to pressures from family, relatives and acquaintances. A concrete example to this is the alleged police officer assigned in the northern town of Iloilo who collects 'tong' at bus terminal as part of the family (monkey) business. Other than this, there is no other reason or clear indication that reassigning the concerned (read: 'problematic') police personnel would resolve the issue of inefficiency and ineffectiveness in his police service.
Some advocates of "localization theory" have further argued that reassigning police personnel to units away from their residences would only aggravate the problem. And, worse, such decision may even bring about other problems, not only pertaining to the performance of their official duties but also to their family relationship. They have asked, "How many homes were broken by distance? How many relationships were severed by seas and mountains?
The RA 6975 as amended provides disciplinary machinery for erring police personnel. And this law never provides -- express or implied -- 'reassignment' as a mechanism to correct any misdemeanor of PNP member.
Well, I pose this question as another good topic for discussion: If the law is indeed silent on using 'reassignment' as a form of penalty or punishment, does "commander's discretion or prerogative" be enough to consider such as one?
REMINDER: Mamang Pulis / Aleng Pulis, trabaho'y mahalin at ingatan, magsumikap sa tamang paraan!
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