Ex-policeman: Check status of motion appealing firing, then seek DILG help

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Persida Acosta

Persida Acosta

Dear PAO,
I am a former police officer. I was charged administratively for grave misconduct before the Regional Internal Affairs Service (RIAS). A resolution was rendered by the Summary Hearing Officer recommending my dismissal from the service. The Disciplinary Authority rendered a decision dismissing me from the police service. I filed a motion for reconsideration on the decision of the Disciplinary Authority, but the same was denied. I elevated the matter before the Regional Appellate Board (RAB), which affirmed the decision of the Disciplinary Authority. I filed a motion for reconsideration on the resolution of the RAB, but the motion has not been resolved until now. What shall I do next?    
Ramil

Dear Ramil,
The Appeals that are filed before the Regional Appellate Board (RAB) of the National Police Commission (Napolcom) are governed by Rule 20 of the Napolcom Memorandum Circular No. 2007-001 or the Uniform Rules of Procedure Before the Administrative Disciplinary Authorities and the Internal Affairs Service (IAS) of the Philippine National Police (PNP).

Section 1 of the above-mentioned rules provides, “Appeals from the decisions of the Disciplinary Authority, Regional Appellate Board, National Appellate Board (NAB) or recommendation of IAS which ripened into decision due to inaction by the Disciplinary Authority, shall be taken by the party adversely affected by filing a notice of appeal and furnishing a copy thereof to the other party and the appellate body, with the deciding authority within ten (10) days from receipt of a copy of the decision.”

In relation to the rule mentioned in the immediately preceding paragraph, the RAB and the NAB shall decide the appeal within sixty (60) days from receipt of the complete records of the case. Failure of the RAB to decide the appeal within 60 days from receipt of the case records shall render the decision of the disciplinary authority final without prejudice to the filing of an appeal by the party adversely affected with the Secretary of Interior and Local Government. Should the RAB fail to decide the appeal within the reglamentary period provided in this section, the concerned board shall automatically make a written explanation to the Commission En Banc on its failure to do so. The Commission En Banc shall order the conduct of investigation against the Chairman and the PNP Representative of the concerned board if it appears from the explanation that an evident neglect of duty was committed by the Board (Section 6, Rule 20, Napolcom Memorandum Circular No. 2007-001).


The general rule is, a motion for reconsideration filed by the party adversely affected should be resolved within fifteen (15) days from receipt of the Disciplinary Authority (Section 23, Rule 17, Ibid.) The rule, however, is silent as to what action to take in case of inaction by the Appellate body to resolve a motion for reconsideration so it is suggested that you make the necessary follow-up to ascertain the status of your motion for reconsideration before deciding to file an appeal with the Secretary of the Department of Interior and Local Government.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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