Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990)
Supreme Court Administrative Circular No. 29-04, issued on July 16, 2004, outlines the provisions of Section 47 of Republic Act No. 6975 regarding the preventive suspension of Philippine National Police (PNP) members. It mandates that upon the filing of a complaint for grave felonies with penalties of six years and one day or more, the accused must be suspended for up to 90 days from arraignment. Additionally, if evidence suggests harassment of complainants or witnesses, suspension may occur even for lesser charges. The circular emphasizes the necessity of expeditious trial processes, mandating cases be resolved within 90 days, and allows for the lifting of suspension based on service exigencies as recommended by the PNP Chief. Judges are instructed to adhere strictly to these provisions.
Quick Answers
- What is Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990) about?
- Supreme Court Administrative Circular No. 29-04, issued on July 16, 2004, outlines the provisions of Section 47 of Republic Act No. 6975 regarding the preventive suspension of Philippine National Police (PNP) members. It mandates that upon the filing of a complaint for grave felonies with penalties of six years and one day or more, the accused must be suspended for up to 90 days from arraignment. Additionally, if evidence suggests harassment of complainants or witnesses, suspension may occur even for lesser charges. The circular emphasizes the necessity of expeditious trial processes, mandating cases be resolved within 90 days, and allows for the lifting of suspension based on service exigencies as recommended by the PNP Chief. Judges are instructed to adhere strictly to these provisions.
- What type of law is Supreme Court Administrative Circular No. 29-04?
- Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990) (Supreme Court Administrative Circular No. 29-04) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990) enacted?
- Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990) (Supreme Court Administrative Circular No. 29-04) was enacted on Jul 16, 2004.
- What is the citation for Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990)?
- Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990), Supreme Court Administrative Circular No. 29-04, Jul 16, 2004 (Philippines)
Law Information
- Reference Number
- Supreme Court Administrative Circular No. 29-04
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Administrative Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 16, 2004
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 29-04
| TO | : | All Trial Court Judges |
| SUBJECT | : | Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990) |
Section 47 of Republic Act No. 6975 (The Department of the Interior and Local Government Act of 1990), as amended by Republic Act No. 8551, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998", provides as follows:
Section 47. Preventive Suspension Pending Criminal Case. — Upon the filing of a complaint or information sufficient in form and in substance against a member of the PNP for grave felonies where the penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the accused from office for a period not exceeding ninety (90) days from arraignment. Provided, however, That if it can be shown by evidence that the accused is harassing the complainant and/or witnesses, the court may order the preventive suspension of the accused PNP member even if the charge is punishable by a penalty lower than six (6) years and one (1) day: Provided, further, That the preventive suspension shall not be more than ninety (90) days except if the delay in the disposition of the case is due to the fault, negligence or petitions of the respondent: Provided, finally, That such preventive suspension may be soon lifted by the court in the exigency of the service upon recommendation of the Chief, PNP. Such case shall be subject to continuous trial and shall be terminated within ninety (90) days from arraignment of the accused.
All concerned judges are hereby enjoined to comply with the above-quoted provision of law.
Let copies of this Circular be furnished the Department of the Interior and Local Government and the National Police Commission. THEcAS
Issued this 16th day of July, 2004.
(SGD.) HILARIO G. DAVIDE, JR.Chief Justice
Cite This Law
Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990), Supreme Court Administrative Circular No. 29-04, Jul 16, 2004 (Philippines)
Section 47 of R.A. No. 6975 (The Department of the Interior and Local Government Act of 1990), Supreme Court Administrative Circular No. 29-04 (Phil. 2004)
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