Cops split on move to repeal R.A. 6975

Police personnel had mixed reactions upon learning of the recommendation of the National Police Commission-7 to ask legislative intervention to amend Republic Act 6975.

The law prohibits policemen with pending criminal and administrative cases from getting promoted, and according to Napolcom-7 director Bernardo Calibo this is unfair.

Calibo said many good policemen are made to wait for clearance before getting promotion because of cases filed by the relatives or criminals against them, some of these cases were found out to be purely harassment cases meant for revenge.

Policemen with criminal and administrative cases are also denied loan applications and some are even withheld their monthly salaries.

While some readily agreed to have the law amended, others were inclined to believe otherwise.

One of those who agreed to the repeal of the law is PO2 Buenaventura Ursaiz of the Cebu City Police Office who missed the 2003 promotion after he was forced to wait for another year before getting his present rank. He was charged before the Office of the Ombudsman for grave misconduct for allegedly releasing a suspect.

The charge discouraged him because slots for promotion were limited.  He was able to get his promotion after the investigating body cleared him after they found out Ursaiz was just following the court order to release the suspect.

Another investigator with the Homicide Section said he was also prevented from filing for promotion this year because of pending administrative charges for releasing suspect, he claimed the release was done by another police unit who took custody of the suspect.

Meanwhile, Insp. Gilberto Abellar, another policeman assigned to the CCPO, said clearances as requisites for application for promotion should not be issued by investigative bodies but from the courts.

“Kung mangayo unta og clearance adto unta sa korte dili sa Regional Internal Affairs Service, or IAS o ba kaha sa ubang investigative bodies,” Abellar said claiming that only the courts could a person from liabilities.

Insp. David Señor of the Operations branch of the CCPO said clearing policemen should be categorized depending on the weight of the charges against them, especially for those abusive policemen.

One of those who said RA 6975 should stay in place was a policewoman who was charged for harassment on the first day of her duty after graduating the Philippine National Academy a few years ago.

She suggested that instead of amending the said law, there should be reforms made on the investigating bodies instead.

“Paspason unta nila ang pag-hearing sa mga kaso aron dili malangay ug ma-pending ang mga polis,” the policewoman said.

Chief Insp. Fermin Armendares III of the Criminal Investigation and Detection Group-7 said although the move is favourable for policemen with pending cases, abolishing the said law may result to more abuses committed by policemen.

Armendares said there should be a provision to determine the gravity of the case and separate misdeeds from harassment charges filed against the policemen who were just doing their jobs.

“OK na kay pabor sa mga polis, pero dapat ang paghatag sa clearance tan-awon sa kung ang kaso in-line of the performance of duty, lain man pud gud ng kasuhan lang ka tungod kay nag-serve ka og warrant of arrest,” Armendares said.

The recommendation was presented to Rep. Eduardo Gullas and according to Calibo the lawmaker is receptive and supportive of the idea and promised him to ask other lawmakers to look into the concern.   —Edwin Ian Melecio/BRP