Pubdate: Fri, 26 Apr 2002
Source: Manila Bulletin (The Philippines)
Contact:  http://www.mb.com.ph/frntpage.asp
Details: http://www.mapinc.org/media/906

CAYETANO: PENALIZE COPS WHO FAIL TO ATTEND PROBES

Sen. Renato 'Companeroa Cayetano will file a resolution asking the Senate 
Committees on Justice and Human Rights and Public Order and Illegal Drugs 
to conduct an inquiry, in aid of legislation, on the alleged negligence of 
duty by PNP personnel led by Chief Insp. Napoleon Villegas for their 
failure to attend three hearings in a case involving five Chinese chemists 
that were arrested in a makeshift laboratory in Pasig City where six kilos 
of "shabu" and several drums of chemicals for the manufacture of illegal 
drugs were seized.

Following the non-appearance of Villegas and his men in the hearings, 
Chinese nationals Chua Chuy Li, Xing Fu Wang, Joey Lu Cruz, Huang Hong Wei 
and Tomas Lu were granted R700,000 bail by Judge Rodrigo Lorenzo of the 
Pasig City Regional Trial Court (RTC) Branch 266.

According to Cayetano, there are guidelines set by the National Police 
Commission that compels police officers to appear in trials and 
investigations when properly notified and subpoenaed.

"Memorandum Circular No. 96-006 of the National Police Commission 
(Napolcom) classifies as a grave administrative offense any willful and 
unjustifiable non-appearance of a PNP member before the court, prosecutors 
office, People's Law Enforcement Board (PLEB), hearing officer or any 
tribunal or officer authorized by law to hear cases, and prescribing the 
appropriate penalty for such offenses,a" said Cayetano.

"Article 208 of the Revised Penal Code provides for the penalty of prison 
correccional in its minimum period and suspension on 'any public officer, 
or officer of the law, who in dereliction of his duties of his office, 
shall maliciously refrain from instituting prosecution for the punishment 
of violators of the law, or shall tolerate the commission of offenses,' " 
Cayetano added.

"There are several cases wherein those accused of heinous crimes have been 
acquitted because of the non-appearance of police officers in court 
proceedings or investigations. The law must be imposed on erring police 
officials for failure to attend," said Cayetano.
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