LegalAssistanceProgram - PNP-ARMM

THE PNP LEGAL ASSISTANCE PROGRAM

June 10 2011

Concept of the PNP Legal Assistance Program Knowledge and observance to the rule of law is indispensable to efficient law enforcement, however, in the performance of official police duties, the police officer is often beset with service-connected cases and harassment suits. Thus, a legal assistance program in the PNP is indispensable.

A. LEGAL BASIS FOR LEGAL ASSISTANCE PROGRAM Section 49 of Republic Act No. 6975 as amended by RA 8551 "SEC. 49. Legal Assistance. – The Secretary of Justice, the Chairman of the Commission or the Chief of the PNP may authorize lawyers of their respective agencies to provide legal assistance to any member of the PNP who is facing before the prosecutor's office, the court or any competent body, a charge or charges arising from any incident which is related to the performance of his official duty: x x x”

DOJ, NAPOLCOM, PNP JOINT MEMORANDUM CIRCULAR SALIENT FEATURES: • Defines Legal Assistance and Service Connected Offense • Enumerates the Lawyers authorized to render Legal Assistance: Public Attorney’s Office National Police Commission Philippine National Police • Provides the procedure in requesting Legal Assistance • Entitlement of Government Lawyer to payment for expenses incurred

DOJ Circular No. 78 SALIENT FEATURES: • Designation of Public Attorney’s Office as provider of legal assistance • PO1– SPO4 as beneficiaries

PAO MEMO CIRCULAR NO. 003 SERIES OF 2010

SALIENT FEATURES • Beneficiaries, PO1– SPO4, except those already represented by counsel de parte

NAPOLCOM CIRCULAR

SALIENT FEATURES: • Creation of Legal Assistance Office (LAO) and Regional Legal Assistance Units (RLAU) • Beneficiary - any PNP member, except those found guilty of an offense with a penalty of more than 30 days within the year of application

PNPCIRCULAR CIRCULAR PNP SALIENT FEATURES: • Creation of Legal Assistance Board, its composition and powers • Procedure in application for Legal Assistance in CIVIL, CRIMINAL, and ADMINISTRATIVE cases • Excludes charges involving internal discipline • Includes legal representation (PNP lawyer, OSG or private counsel) and financial assistance (reimbursement)

OPTION OF THE RESPONDENT PNP MEMBER PNP LS

NAPOLCOM

DOJ(PAO)

IBP (Private Counsel)

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant Head of Office Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01)

Regional Director / NSU Director

PNP Legal Service NLAB C, PNP

Lawyer

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant

Head of Office

The applicant files his request in 5 copies accompanied by: 1. ENDORSEMENT and CERTIFICATION of the immediate supervisor that the applicant is a bona fide PNP member and the case is service connected 2. Investigation or similar report of the incident 3. Complaint, information or charge sheet 4. Other documents to show that the case is service connected Head of office receives the application, with complete attachments.

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant Head of Office Legal Officer

The head of office indorses the application to the Regional Legal Officer (LO) RLO conducts preliminary evaluation of the request and cause to convene the Regional Legal Assistance Board (RLAB)

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant

Head of Office Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01)

RLAB NSU LAB shall process screen and deliberate the request for legal assistance.

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant

Head of Office Legal Officer RLAB / NSU LAB

Recommends approval to the RD/ NSU Director

(NLAB Res. No. LAB-2001-01)

Regional Director / NSU Director

RD/NSU Director approves or disapproves the recommendation

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant

Head of Office Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01)

Regional Director / NSU Director

PNP Legal Service NLAB

RD/NSU Director indorses the application to the NLAB through the Legal Service NLAB shall determine whether the request conforms with the rules and regulation. Recommend the lawyer who will be designated by the C, PNP to render legal assistance. NLAB recommends to the C, PNP for approval.

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant

Head of Office Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01)

Regional Director / NSU Director

PNP Legal Service NLAB C, PNP

C, PNP approves or disapproves the request.

Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13)

Applicant

Lawyer

Head of Office Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01)

Regional Director / NSU Director

PNP Legal Service NLAB C, PNP

The D, LS shall immediately inform the applicant and the lawyer authorized to render legal assistance with instruction to render updated report regarding the case.

The authorized legal officer shall render report to the C, PNP through Legal service

PNP Legal Assistance Board (NHQ LAB or NLAB) > Composition – designated by the C, PNP (DPRM LO No. 115, March 14, 2000) TCDS Chairman TDC Vice-Chairman DPRMMember DIDM Member D,LS Member Secretary > Powers and Functions - formulate policies and guidelines in the granting of request for legal assistance

PNP Legal Assistance Board (NHQ LAB or NLAB) > Powers and Function - central entity in evaluating all request for legal assistance and recommending for approval to the C, PNP * * * *

evaluate all requests for legal assistance determination of service connectivity amount to be released for legal assistance other function as necessary or directed

- recommend legal assistance approval to the C, PNP

Regional and NSU’s Legal Assistance Board (RLAB and NSU LAB) > Created by LAB Resolution No. 2001-001 > Composition DRDA - Chairman C, RCD - Vice Chairman C, RPHRDD - Member C, RIID - Member (NSU’s – its equivalent) > Functions - process, deliberate and screen each request for legal assistance (determines service connectivity) - recommends to NHQ LAB to deliberate upon the merits of the request, after concurrence by the RD or Director

Sample Format of Memo Request for Legal Assistance Republic of the Philippines Department of the Interior and Local Government National Police Commission PHILIPPINE NATIONAL POLICE POLICE REGIONAL OFFICE ARMM Camp S.K. Pendatun, Parang, Maguindanao Website: www.proarmm.com

MEMORANDUM FOR

:

FROM

:

PO1 Juan Dela Cruz

SUBJECT

:

Application for Legal Reimbursement (Legal Representation or Assistance)

DATE

:

June 16, 2011

1.

Regional Director (Attn: Chief, RLS)

Reference:

PNP Legal Assistance Program.

2. Request legal reimbursement of five thousand pesos covering the expenses incurred during the processing of my case. 3.

case PNP

(P

5,000.00)

Attached herewith are the following: a. IR/Spot Report (from which the case arose) b. Endorsement/Certification from Station Commander that is service connected and the applicant is a bona fide member of

the the

c. Updated case documents d. Retainership agreement and receipts (if application for reimbursement) e. Decision/Resolution acquitting the PNP personnel of the charge 4.

For information and approval of para 2.

Juan Dela Cruz Police Officer 1

For further information or queries: Visit the Office of the Regional Legal Service Officer Camp General S.K. Pendatun, Parang, Maguindanao

Thank you…