ADMINISTRATIVE CIRCULAR NO. 29-2004
TO
: ALL TRIAL COURT JUDGES
SUBJECT:
SECTION 47 OF R.A. NO. 6975 (The Department of the Interior and Local
Government Act of 1990)
Section 47 of Republic Act
No. 6975 (The Department of the Interior
and Local Government Act of 1990), as amended by Republic Act
No. 8551,
otherwise known as the "Philippine National Police Reform and
Reorganization Act of 1998", provides as follows:
Section 47. Preventive Suspension Pending Criminal
Case. - Upon
the 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 (6) years and one (1) day or more, the court shall immediately
suspend the accused from office for a period not exceeding ninety (90)
days
from arraignment. Provided, however, That if it can be shown by
evidence that
the accused is harassing the complainant and/or witnesses, the court
may order
the preventive suspension of the accused PNP member even if the charge
is
punishable by a penalty lower than six (6) years and one (1) day:
Provided,
further, That the preventive suspension shall not be more than ninety
(90) days
except if the delay in the disposition of the case is due to the fault,
negligence
or petitions of the respondent: Provided, finally, That such preventive
suspension may be soon lifted by the court in the exigency of the
service upon
recommendation of the Chief, PNP. Such case shall be subject to
continuous
trial and shall be terminated within ninety (90) days from arraignment
of the
accused.
All
concerned judges are hereby enjoined to comply with the
above-quoted provision of law.
Let
copies of this Circular be furnished the Department of the
Interior and Local Government and the National Police Commission.
Issued
this 16th day of July, 2004.
HILARIO
G. DAVIDE,
JR.
Chief
Justice
|