Case Digest (G.R. No. 113811)
Facts:
Ishmael Himagan, a policeman at Camp Catitigan, Davao City, was charged with murder and attempted murder when informations were filed in the Regional Trial Court, Branch 11, Davao City on September 16, 1992, and the trial court issued an order suspending him from office under Section 47, R.A. 6975. Petitioner filed a motion to lift the suspension on October 11, 1993 invoking Section 42 of P.D. 807 and this Court's rulings in Deloso v. Sandiganbayan and Layno v. Sandiganbayan, which the trial judge denied, prompting this petition for certiorari and mandamus.Issues:
- Does Section 47, R.A. 6975 limit the preventive suspension of a PNP member to ninety days?
- Does Section 42 of P.D. 807 or the decisions in Deloso and Layno require lifting a preventive suspension in a pending criminal case against a PNP member?
Ruling:
The petition was dismissed and the orders of the trial court were affirmed. The Court held that under Section 47, R.A. 6975 the preventive suspension of a PNP m Case Digest (G.R. No. 113811)
Facts:
- Background of the dispute
- Ishmael Himagan, petitioner, a policeman assigned with the medical company of the Philippine National Police Regional Headquarters at Camp Catitigan, Davao City.
- People of the Philippines filed informations charging petitioner with murder and attempted murder for the killing of Benjamin Machitar, Jr. and the attempted murder of Bernabe Machitar; informations were filed with the Regional Trial Court, Branch 11, Davao City, on September 16, 1992.
- The trial court issued an order suspending petitioner from office "until the case is terminated" pursuant to Section 47, R.A. 6975.
- Trial-court proceedings and administrative steps
- On October 11, 1993, petitioner filed a motion to lift the preventive suspension, invoking Sec. 42, P.D. 807 and reliance on Deloso v. Sandiganbayan and Layno v. Sandiganbayan.
- The respondent ju...(Subscriber-Only)
Issues:
- Primary legal questions presented
- Whether Section 47, R.A. 6975 limits the duration of preventive suspension of a PNP member to ninety days.
- Whether Sec. 42, P.D. 807 of the Civil Service Decree, which caps preventive suspension in administrative cases at ninety days, applies to a member of the PNP charged with a criminal offense.
- Whether petitioner’s prolonged preventive suspension violates the constitutional guarantee of equal protection of the laws....(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)