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THE PNP LEGAL ASSISTANCE PROGRAM

THE PNP LEGAL ASSISTANCE PROGRAM. June 10 2011. Concept of the PNP Legal Assistance Program.

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THE PNP LEGAL ASSISTANCE PROGRAM

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  1. THE PNP LEGAL ASSISTANCE PROGRAM June 10 2011

  2. 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.

  3. A. LEGAL BASIS FOR LEGAL ASSISTANCE PROGRAM Section 49 of Republic Act No. 6975 as amended by RA 8551 "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”

  4. 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, NAPOLCOM, PNP JOINT MEMORANDUM CIRCULAR

  5. SALIENT FEATURES: • Designation of Public • Attorney’s Office as • provider of legal • assistance • PO1– SPO4 as • beneficiaries DOJ Circular No. 78

  6. SALIENT FEATURES • Beneficiaries, PO1– SPO4, • except those already • represented by counsel de • parte PAO MEMO CIRCULAR NO. 003 SERIES OF 2010

  7. NAPOLCOM CIRCULAR • 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

  8. PNP 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)

  9. OPTION OF THE RESPONDENT PNP MEMBER IBP (Private Counsel) PNP LS NAPOLCOM DOJ(PAO)

  10. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Lawyer Head of Office Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director PNP Legal Service NLAB C, PNP

  11. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant • The applicant files his request in 5 copies accompanied by: • ENDORSEMENT and CERTIFICATION of the immediate supervisor that the applicant is a bona fide PNP member and the case is service connected • Investigation or similar report of the • incident • 3. Complaint, information or charge sheet • Other documents to show that the case is service connected • Head of office receives the application, with complete attachments. Head of Office

  12. Procedure Governing Application for Legal Assistance Representation and Reimbursement (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

  13. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office RLAB NSU LAB shall process screen and deliberate the request for legal assistance. Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01)

  14. Procedure Governing Application for Legal Assistance Representation and Reimbursement (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 RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director

  15. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant 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. Head of Office Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director PNP Legal Service NLAB

  16. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office Legal Officer C, PNP approves or disapproves the request. RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director PNP Legal Service NLAB C, PNP

  17. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Lawyer 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 RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director PNP Legal Service NLAB C, PNP

  18. > Composition – designated by the C, PNP (DPRM LO No. 115, March 14, 2000) TCDS - Chairman TDC - Vice-Chairman DPRM - Member DIDM - Member D,LS - Member Secretary PNP Legal Assistance Board(NHQ LAB or NLAB) > Powers and Functions - formulate policies and guidelines in the granting of request for legal assistance

  19. > Powers and Function - central entity in evaluating all request for legal assistance and recommending for approval to the C, PNP 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 - recommend legal assistance approval to the C, PNP

  20. > Created by LAB Resolution No. 2001-001 > Composition DRDA - Chairman C, RCD - Vice Chairman C, RPHRDD - Member C, RIID - Member (NSU’s – its equivalent) Regional and NSU’s Legal Assistance Board(RLAB and NSU LAB) > 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

  21. Sample Format of Memo Request for Legal Assistance

  22. For further information or queries: Visit the Office of the Regional Legal Service Officer Camp General S.K. Pendatun, Parang, Maguindanao Thank you…

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