Case Summary (G.R. No. 149454)
Facts of the Case
In G.R. No. 109638, Superintendent Fianza, then assigned as the Provincial Director of the PNP for Benguet, faced an Amended Complaint from nine respondent policemen from the Baguio City Police Station, alleging "Grave Misconduct and Irregularity in the Performance of Duty." The complaint centered on allegations regarding the improper issuance of transfer orders without due process and retaliatory actions following their participation in raids against illegal gambling operations (jueteng).
Jurisdictional Claims
Petitioners argued that the PLEB lacked jurisdiction over the complaints, asserting that these complaints represented internal organizational matters specific to the PNP. They contended that the PLEB could only address citizen's complaints made by individuals who are not in law enforcement, thereby excluding PNP personnel acting in their official capacity.
PLEB Rulings
The PLEB, in its order dated November 13, 1992, maintained that it had jurisdiction over the case, reasoning that the policemen were exercising their rights as citizens. NAPOLCOM also supported the PLEB's stance, clarifying the term "citizen's complaint" as including grievances from any citizen, including government employees such as PNP personnel.
Arguments of the Petitioners
Petitioners reiterated that complaints arising from internal PNP issues should not fall under PLEB’s purview and instead be directed to the appropriate channels within the PNP hierarchy. They differentiated between citizen's complaints and internal discipline matters, claiming that the specific disputes between PNP members about transfers or conduct were internal and thus should be managed internally.
PLEB's Legislative Framework
The legal foundation for PLEB’s jurisdiction is found in Republic Act No. 6975, which establishes that the PLEB can hear citizen’s complaints against PNP officers. The law mandates the establishment of PLEBs for localities, granting them the authority to address issues involving PNP personnel, but also emphasizes the internal command structure of the PNP for handling personnel discipline.
Court's Ruling on Jurisdiction
The court ruled that the PLEB does not have jurisdiction over complaints lodged by PNP members against other PNP members, as these complaints related directly to police duties and internal organizational matters. The court underscored that while petitioners could
...continue readingCase Syllabus (G.R. No. 149454)
Case Overview
- This case involves consolidated petitions for prohibition and declaratory relief concerning the jurisdiction of the People’s Law Enforcement Board (PLEB) over complaints filed against PNP personnel by their superiors.
- The primary focus centers on whether the PLEB has the authority to adjudicate complaints that arise from internal organizational matters within the Philippine National Police (PNP).
Parties Involved
- Petitioners:
- Supt. Florencio D. Fianza
- Supt. July Cordoviz
- Respondents:
- The PLEB of the City of Baguio
- The National Police Commission (NAPOLCOM)
- Various PNP personnel including SPO3 Fernando Tafaleng, PO3 Octavio Pawingi, among others.
Background of the Case
- In G.R. No. 109638, petitioner Florencio D. Fianza, as Provincial Director of the PNP, faced complaints filed by subordinate PNP members for "Grave Misconduct and Irregularity in the Performance of Duty."
- The complaints stemmed from allegations of wrongful transfers and dismissals of several policemen due to their involvement in anti-jueteng operations.
Allegations Against Petitioners
- The respondent policemen accused Fianza and his subordinate, Supt. Camilo S. Dugayen, of:
- Issuing special orders to transfer them without due process.
- Conducting these actions as retaliation for enforcing laws against illegal gambling (jueteng).
- Violating rules set forth in the PNP Law and NAPOLCOM regulations.
Jurisdictional Arguments
Petitioners' Position:
- They contended that PLEB lacks juris