TALKING POINTS

by

ATTY. MICHAEL ANGELO M CACERES

JAIL CHIEF INSPECTOR
Chief, Legal Service Office

In aw we speak; In ervice we act; In rder we listen.

 LEGAL OPINION re: Former BJMP Personnel Who Were Dropped from the Rolls Applying for Jail
Officer 1 (JO1) Position dated February 21, 2018

DFR IS TANTAMOUNT TO “DISHONORABLE DISCHARGE”.

The Ruling In ROLANDO N. ABADILLA V. GENERAL FIDEL V. RAMOS.

“This exception applies to the case of Colonel Abadilla inasmuch as he is at present confined in
Fort Bonifacio upon the orders of his superior officers, and his having been dropped from the rolls
of officers amounts to a dishonorable discharge.”
Therefore they do not possess the minimum qualifications required by law. R.A. No. 9592 provides:
“Sec. 4. professionalization and upgrading of qualification standards in the appointment of uniformed
personnel to the BFP and the BJMP. — no person shall be appointed as uniformed personnel of the
BFP and the BJMP unless he/she possesses the following minimum qualifications:
f) must not have been dishonorably discharged or dismissed for cause from previous
employment;”

But they may be reemployed as Non – Uniformed Personnel (NUP) of the BJMP.
 LEGAL OPINION on the Period of Validity of Neuro – Psychological Examination for Purposes of
Appointment and Promotion dated February 27, 2018

 Considering its significance in determining fitness for work and on the basis of customary practice, the
period of validity of neuro–psychiatric/psychological examination for purposes of appointment and
promotion should be reverted to six (6) months. The expiration date is applicable to both passers and
non–passers.
 An intervention program should be created by the HSO in order to subject and revert an aberrant jail
officer to the state of mental fitness before the issuance of a certification for being mentally unfit for work.
 LEGAL OPINION re: Issuance of Implementing Order for the Administrative Penalty of Demotion in
Rank dated March 7, 2018

“DEMOTION AS A RESULT OF A DISCIPLINARY ACTION”

Section 56 (b) of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) which was
promulgated on July 3, 2017 is instructive on the matter that:
 It is an “adjustment or movement of human resource without need of issuance of an appointment.” this
kind of adjustment will NOT involve changes in position title, rank or status and will NOT require the
issuance of an appointment.
 the penalty of demotion shall result in diminution of salary corresponding to the next lower salary grade
with same salary step.
 the position or status of the demoted employee in the seniority lineal list shall not be affected.
HOWEVER, the salary grade of the demoted employee shall be adjusted to the next lower salary grade with
the same step and he shall be disqualified from promotion for a period of one (1) year.
HENCE, the demotion of a BJMP uniformed personnel shall only result in diminution of salary corresponding
to the next lower salary grade with the same number of long pay.
 LEGAL OPINION on the Dropping from the Rolls of Former JO1 RUEL F ALLADA
dated March 13, 2018

JO1 Ruel F Allada claims that he was denied Due process because Notice of separation was sent
to the wrong address.
The RULE
 The non – receipt of the notice because he is no longer at his/her last known address or the
sending of the notice to a wrong address is of no moment because RACCS does not require that
such notice be received at once, this is because the officer or employee is still given the right to
appeal his/her separation within fifteen (15) days from receipt of such notice.
 the sending of notice of separation to the last known address presupposes that the officer or
employee is still residing therein.
 the order of separation through Dropping From the Rolls is immediately executory. The agency
shall not entertain Motion for Reconsideration from the order of separation through dropping
from the rolls. The employee shall appeal directly to the Commission proper (CSC) within fifteen
(15) days from receipt of the order. pending appeal the order of separation is immediately
executory.
 Comment on the Creation of Aklan District Jail – Female Dormitory, BJMPRO – VI
dated April 3, 2018

The Chief, BJMP being the head of the jail bureau is its chief executive officer shall exercise overall authority
on matters within its jurisdiction including those relating to its operations such as but not limited to approve
the establishment or creation, conversion and renaming of BJMP jails
“Administrative Code of 1987” provides:
“Powers and Duties in general. - the head of bureau or office shall be its chief executive
officer. he shall exercise overall authority in matters within the jurisdiction of the bureau,
office or agency, including those relating to its operations, and enforce all laws and
regulations pertaining to it.”

However, a report shall be submitted to the DILG in view of the supervisory powers of the SILG.
 Prohibited Acts in Connection with the May 14, 2018 Synchronized Barangay and Sangguniang
Kabataan (SK) Elections in accordance with COMELEC Resolution No. 10246 promulgated on January
15, 2018

 March 15, 2018 to June 13, 2018 - order or allow any prisoner to leave the premises of the jail sixty (60) days
before and thirty (30) days after the election. a list of the prisoners or detention prisoners shall be posted in
three (3) conspicuous public places. [section 261 (n), OEC]
 April 14, 2018 to May 21, 2018 - to carry or transport firearms or other deadly weapons in public places,
including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry
the same, unless authorized in writing by the Commission. Only regular members or officers of the Philippine
National Police, the Armed Forces of the Philippines and Other Enforcement Agencies of the government who
are duly deputized in writing by the Commission for Election duty may be authorized to carry and possess
firearms during the election period: Provided, that, when in the possession of firearms, the deputized law
enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number
which shall remain visible at all times; and (b) in the actual performance of his election duty in the specific area
designated by the commission. [Section 32,R.A. No. 7166]
 April 14, 2018 to May 21, 2018 - to transfer or detail whatever of any officer or employee in the civil service
including public school teachers, except upon prior approval of the commission. [section 261 (h), OEC]
 May 4, 2018 to May 13, 2018, the appointment or hiring of new employees, creation of new position, promotion,
or giving of salary increases, remuneration or privileges is prohibited.
 Prohibited Acts in Connection with the May 14, 2018 Synchronized Barangay and Sangguniang
Kabataan (SK) Elections in accordance with COMELEC Resolution No. 10246 promulgated on January
15, 2018

Prohibition on Electioneering or Partisan Political Party

(CSC Resolution 1600290 dated 29 March 2016)
 The 1987 Philippine Constitution provides that “No officer or employee in the Civil Service shall engage directly or
indirectly, in any electioneering or partisan political parties”
 This injunction is implemented by of Section 55 of the Administrative Code of 1987
“Political Activity – No officer or employee in the Civil Service including me the names of candidates from
members of the Arm Forces shall engage directly or indirectly in any partisan political activity or take up in any election
except to vote nor shall use his official authority or influence to coerce the political activity or any other person or body
Nothing herein provided shall be understood to prevent any officer or employee from expressing his views on current
political problems or issues or from mentioning the names of the candidates for public office whom he supports Provided,
That public officers and employees holding political offices may take part in political and electoral activities but it shall be
unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates
in the Election Code”
 Republic Act No. 7610 (Local Government of 1991) and Omnibus Election Code as amended, echoes such prohibition
and considers that commissions thereof as an election offense punishable by law.
When can a Jail Officer be justified in shooting an escaping detainee?

to avoid criminal/civil/administrative liability, a jail officer must put forward and prove the following requisites:

 that he/she is not negligent;

 that he/she issued a warning before shooting the escaping detainee;
 that the escaping detainee is widening the distance between him and that he( detainee) might elude arrest
if not fired upon; and
 that the jail officer’s shot must hit the detainee on the back. (Valcorza vs. People; 30 SCRA 148).

detainee's purpose was to escape, the natural thing for him to do would have been to give his back to the
guard. (People vs. Lagata; 83 Phil 159).
In Law we speak; In Service we act; In Order we listen.
- Thank you -