MANILA — Valenzuela City Congressman Win Gatchalian on Wednesday urged the Philippine National Police to initiate summary dismissal proceedings against resigned PNP Director-General Alan Purisima and relieved Special Action Force Director Getulio Napenas, based on the findings by the Board of Inquiry that the two PNP officials were responsible for the death of the 44 SAF commandos in the botched Mamasapano operation.
Gatchalian said that summary dismissal proceedings are conducted against erring police officers whenever there is a complaint against them from civilians or as a result of an official PNP investigation like the one conducted by the BOI headed by Criminal Investigation and Detection Group Director Benjamin Magalong.
“As far as PNP rules are concerned, SDP can be initiated against Generals Purisima and Napenas and the charge sheet against them can be based from the findings of the BOI, which was able to come up with a credible and objective report despite limitations,” said Gatchalian.
Based on the 2007 PNP Disciplinary Rules Procedure contained in Memorandum Circular No. 2007-001, a summary dismissal case can result to the maximum penalty of dismissal from service when the charge is serious, the evidence of guilt is strong, and the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.
He pointed out that since Purisima is a presidential appointee, he can only be subjected to a summary hearing after clearance for such purpose is obtained from the Office of the President.
Under Rule 2, Section 6 of the PNP Disciplinary Rules Procedure, the report of investigation together with the complete original records of the case (of a presidential appointee) shall be submitted to the Office of the President through the National Police Commission, which is chaired by the DILG secretary on a concurrent capacity.
According to the veteran lawmaker, the Internal Affairs Service (IAS) can also conduct “motu propio” investigation on the case of Purisima and Napenas since they are being implicated to an incident where death, serious physical injury, or any violation of human rights occurred in the conduct of police operation, referring to the January 25 SAF operation in Mamasapano, Maguindanao.
Based on Rule 6, Section 3 of the PNP Disciplinary Rules Procedure, the investigation and hearing before the administrative disciplinary authorities and the IAS shall be summary in nature and shall not directly adhere to the technical rules of procedure and evidence applicable in judicial proceedings. The provisions of the Civil Service Law, Rules and Regulations as well as the Revised Rules of Court shall be selectively applicable.
He said the PNP cannot expect Malacanang to act on the BOI’s Mamasapano Report since the President is not happy with its findings with his spokesman openly questioning its findings, particularly those pertaining to President Aquino being responsible for the death of the 44 SAF commandos.
“The initiative for the filing of administrative cases against Purisima and Napenas should come from the PNP and it will do well for OIC Deputy Director General Leandro Espina if he will immediately order the conduct of the summary hearings against the two police officials,” Gatchalian pointed out.
The Valenzuela City solon explained that Gen. Espina, being a mere PNP officer-in-charge and classmate of Purisima in Philippine Military Academy Class 1981, may be in an awkward position but he has no choice but to uphold the law and put to use the findings and recommendations of the BOI.