PNP News Releases 2005

SUSPENSION FOR COPS CHARGED IN COURT

Police personnel charged in court for grave felonies will be automatically suspended upon arraignment.

The Supreme Court of the Philippines has issued Administrative Circular No. 29-2004 specifying the effectivity of the 90-day suspension provided under Republic Act 6975 as amended by Republic Act 8551.

The High Tribunal said “upon filing of a complaint or information
sufficient in form and in substance against a member of the PNP for grave felonies where the penalty imposed by law is six years to one day or more, the court shall immediately suspend the accused from office for a period not exceeding 90 days from arraignment.”

Administrative Circular No. 29-2004, signed by Chief Justice Hilario Davide Jr., prescribes that the court may order the preventive suspension of the accused PNP member even if the charge is punishable by a penalty lower than six years and one day “if it can be shown by evidence that the accused is harassing the complainant and/or witnesses.”

The order provides “that such preventive suspension may soon be lifted by the court in the exigency of the service upon recommendation of the Chief, PNP.”

According to the Supreme Court, “the preventive suspension shall not be more than 90 days except if the delay in the disposition of the case is due to fault, negligence or petitions of the respondent.”

“Such case shall be subject to continuous trial and shall be terminated within 90 days from arraignment of the accused,” the Supreme Court said.