THE PNP LEGAL ASSISTANCE PROGRAM

THE PNP LEGAL ASSISTANCE PROGRAM

June 10 2011

Concept of the PNP Legal Assistance Program

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.

"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”

A. LEGAL BASIS FOR LEGAL ASSISTANCE PROGRAM

A. LEGAL BASIS FOR LEGAL ASSISTANCE PROGRAM

Section 49 of Republic Act No. 6975 as amended by RA 8551

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

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

NAPOLCOM CIRCULAR

PNP CIRCULAR

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)

PNP CIRCULAR

OPTION OF THE RESPONDENT PNP MEMBER

PNP LS NAPOLCOM DOJ(PAO)IBP

(Private Counsel)

Procedure Governing Application for Legal AssistanceRepresentation and Reimbursement

(Rule IV, Sec. 13)

Applicant

Head of Office

Legal Officer

PNP Legal Service

NLAB

C, PNP

Lawyer

RLAB / NSU LAB(NLAB Res. No. LAB-2001-01)

Regional Director / NSU Director


(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 connected2.Investigation or similar report of the incident3. Complaint, information or charge sheet4.Other documents to show that the case is service connected

Head of office receives the application, with complete attachments.


(Rule IV, Sec. 13)

Applicant

Head of Office

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)

Legal Officer


(Rule IV, Sec. 13)

Applicant

Head of Office

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

Legal Officer



(Rule IV, Sec. 13)

Applicant

Head of Office

Recommends approval to the RD/ NSU Director

RD/NSU Director approves or disapproves the recommendation

Legal Officer




(Rule IV, Sec. 13)

Applicant

Head of Office

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.

Legal Officer



PNP Legal Service

NLAB


(Rule IV, Sec. 13)

Applicant

Head of Office

C, PNP approves or disapproves the request.

Legal Officer



PNP Legal Service

NLAB

C, PNP


(Rule IV, Sec. 13)

Applicant

Head of Office

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

Legal Officer



PNP Legal Service

NLAB

C, PNP

Lawyer

PNP Legal Assistance Board(NHQ LAB or NLAB)

> Composition – designated by the C, PNP (DPRM LO No. 115, March 14, 2000)TCDS - ChairmanTDC - Vice-ChairmanDPRM- MemberDIDM - MemberD,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)

* evaluate all requests for legal assistance* determination of service connectivity* amount to be released for legal

assistance* other function as necessary or directed

> Powers and Function - central entity in evaluating all request for

legal assistance and recommending for approval to the C, PNP

- 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 - ChairmanC, RCD - Vice ChairmanC, RPHRDD - MemberC, 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 : Regional Director (Attn: Chief, RLS)

FROM : PO1 Juan Dela Cruz

SUBJECT : Application for Legal Reimbursement

(Legal Representation or Assistance)

DATE : June 16, 2011 1. Reference: PNP Legal Assistance Program. 2. Request legal reimbursement of five thousand pesos (P 5,000.00) covering the expenses incurred during the processing of my case. 3. Attached herewith are the following: a. IR/Spot Report (from which the case arose)

b. Endorsement/Certification from Station Commander that the case is service connected and the applicant is a bona fide member of the PNP

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

Thank you…

For further information or queries:For further information or queries:

Visit the Office of the Regional Legal Service Officer Visit the Office of the Regional Legal Service Officer

Camp General S.K. Pendatun, Parang, MaguindanaoCamp General S.K. Pendatun, Parang, Maguindanao

Documents

THE PNP LEGAL ASSISTANCE PROGRAM