THE PNP LEGAL
ASSISTANCE PROGRAM
June 10 2011
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.
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”
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
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
PNPCIRCULAR
CIRCULAR
PNP
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)
OPTION OF THE RESPONDENT PNP
MEMBER
PNP LS
NAPOLCOM
DOJ(PAO)
IBP
(Private
Counsel)
Procedure Governing Application for Legal Assistance
Representation and Reimbursement
(Rule IV, Sec. 13)
Applicant
Head of Office
Legal Officer
RLAB / NSU LAB
(NLAB Res. No. LAB-2001-01)
Regional Director /
NSU Director
PNP Legal Service
NLAB
C, PNP
Lawyer
Procedure Governing Application for Legal Assistance
Representation and Reimbursement
(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 connected
2. Investigation or similar report of the
incident
3. Complaint, information or charge sheet
4. Other documents to show that the case is
service connected
Head of office receives the application, with
complete attachments.
Procedure Governing Application for Legal Assistance
Representation and Reimbursement
(Rule IV, Sec. 13)
Applicant
Head of Office
Legal Officer
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)
Procedure Governing Application for Legal Assistance
Representation and Reimbursement
(Rule IV, Sec. 13)
Applicant
Head of Office
Legal Officer
RLAB / NSU LAB
(NLAB Res. No. LAB-2001-01)
RLAB NSU LAB shall process screen
and deliberate the request for legal
assistance.
Procedure Governing Application for Legal Assistance
Representation and Reimbursement
(Rule IV, Sec. 13)
Applicant
Head of Office
Legal Officer
RLAB / NSU LAB
Recommends approval to the RD/ NSU
Director
(NLAB Res. No. LAB-2001-01)
Regional Director /
NSU Director
RD/NSU Director approves or
disapproves the recommendation
Procedure Governing Application for Legal Assistance
Representation and Reimbursement
(Rule IV, Sec. 13)
Applicant
Head of Office
Legal Officer
RLAB / NSU LAB
(NLAB Res. No. LAB-2001-01)
Regional Director /
NSU Director
PNP Legal Service
NLAB
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.
Procedure Governing Application for Legal Assistance
Representation and Reimbursement
(Rule IV, Sec. 13)
Applicant
Head of Office
Legal Officer
RLAB / NSU LAB
(NLAB Res. No. LAB-2001-01)
Regional Director /
NSU Director
PNP Legal Service
NLAB
C, PNP
C, PNP approves or disapproves the
request.
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
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
PNP Legal Assistance Board
(NHQ LAB or NLAB)
> Composition – designated by the C, PNP
(DPRM LO No. 115, March 14, 2000)
TCDS Chairman
TDC Vice-Chairman
DPRMMember
DIDM Member
D,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)
> Powers and Function
- central entity in evaluating all request for legal
assistance
and recommending for approval to the C, PNP
*
*
*
*
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
Regional and NSU’s Legal Assistance Board
(RLAB and NSU LAB)
> Created by LAB Resolution No. 2001-001
> Composition
DRDA
- Chairman
C, RCD
- Vice Chairman
C, RPHRDD - Member
C, 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
:
FROM
:
PO1 Juan Dela Cruz
SUBJECT
:
Application for Legal Reimbursement
(Legal Representation or Assistance)
DATE
:
June 16, 2011
1.
Regional Director
(Attn: Chief, RLS)
Reference:
PNP Legal Assistance Program.
2.
Request legal reimbursement of five thousand pesos
covering the expenses incurred during the processing of my case.
3.
case
PNP
(P
5,000.00)
Attached herewith are the following:
a.
IR/Spot Report (from which the case arose)
b.
Endorsement/Certification
from Station
Commander
that
is service connected and the applicant is a bona fide member of
the
the
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
For further information or queries:
Visit the Office of the Regional Legal Service Officer
Camp General S.K. Pendatun, Parang, Maguindanao
Thank you…