RTC stops PNP from throwing
9 cops from Pasay to Tacloban
Ladies and gentlemen, the rule of law has just prevailed over the order of the PNP in directing 9 cops of Pasay to transfer to the faraway land in Tacloban City.
The Pasay City Regional Trial Court, Branch 117, issued a Temporary Restraining Order (TRO) stopping in the mean time the implementation of the order because it clearly violated the rights of the policemen involved against transfers to another unit when they are witnesses as poseur-buyers, arresting officers and investigators in drug cases pending before the courts.
I invoked Section 91 of Republic Act 9165.
During the oral argument on our application for TRO seeking to stop the PNP from implementing the order of Police Director Marcelo P. Garbo, Jr., PNP Special Order No. 14 dated 3 January 2014, directing 9 policemen of Pasay City to transfer to the farawary PNP Regional Office No. 8 in Tacloban City, I succeeded in convincing the RTC that the transfer order is against the law and that there was no other way of avoiding the violation of the said law but the issuance of a TRO because the same special order is set to be implemented on 24 January 2014.
Attached here is the copy of the TRO.
I defended the cops because I am now advocating reform in the PNP with the objective of eradicating the mentality of arrogance by employing the practice of throwing subordinates to far assignments when the commanders do not like the faces of their men.
While it is a prerogative of the commander to reassign his men, it is not when the reassignment violates the laws and clearly done in bad faith or without any just or legal reason at all.
I believe that when commanders of the PNP are decent and believers in the rule of law, the police will be more effective and more honorable in the eyes of the people they serve and protect.
The policemen I temporarily saved are what I call the "Lucky Nine" cops who are:
Police Chief Insp. Joselito "Bong" Sta. Teresa;
Police Insp. Fernando Ferrer;
PO3 Bouchard Ramos;
PO3 Ferdinand Abanto;
PO2 Wilbert M. Muros;
PO2 Aurelio D. Sto. Tomas;
PO2 Julius A. Malindog;
PO1 Elizalde Lagman; and
PO1 Eduardo Santos.
ALL WERE FROM THE PASAY POLICE STATION.
The hearing to determine whether the TRO will ripen into a preliminary mandatory injunction is set for 10 February 2014, at 10:00 a.m.
My motto for this advocacy is: "LOOK BACK TO KNOW HOW FAR YOU HAVE WALKED."