Sr. Supt. Manito to replace Sr. Supt. Palconit as PNP director for Leyte province
PALO,Leyte – The regional leadership of the Philippine National Police is currently under pressure from the public calling for the immediate relief of Leyte PNP provincial director Sr. Supt. Doroteo Palconit from his post after he officially filed his certificate of candidacy for mayor in the municipality of Calubian.
Chief Supt. Mario Sandiego, PNP regional director, told Leyte Samar Daily Express his office urgently convened the Senior Officers Placement and Promotion Board (SOPPB) to discuss who among the qualified senior officers would replace Palconit.
Sandiego said that Sr. Supt. Pio Manito, who has been serving the PNP regional headquarters as operations chief, is the most senior having served as provincial director in Eastern Samar. Manito is now being highly recommended to direct the Leyte PNP provincial office.
As part of the process, the PNP regional headquarters will still recommend three names of senior police officers to the office of Gov. Jericho Petilla who has the authority under the law to choose the right police officer who will be in charge of the Leyte PNP.
It was learned that tentatively the police regional office is scheduling the turnover of command next week to erase public worries if Palconit will still remain in his position.
“We have to relieve Col. Palconit, so SOPPB was immediately convened to study the change of PNP leadership in Leyte provincial office. Marami kasi ang tumatawag at nagrereklamo bakit nasa puwesto pa si Palconit na isa na siya ngayong kandidato with due respect of the recent Supreme Court ruling of government appointed employees running for public office,” Sandiego said.
On his part, Palconit, when asked for comment, said he is willing to step down anytime this month, only he is requesting Chief Supt. Sandiego for him to be given an opportunity to attend the Christmas Party on Dec. 21 where he could take a last draw of bonding with his men before he will be issued a non-duty status for three months as allowed by law before his scheduled compulsory retirement.
Palconit is set to take his compulsory retirement on March 11, 2010, timely for him to start the campaign period which will be on March 28.
“I am actually asking the PNP regional headquarters to issue a non-duty status effective Dec. 22 and there is no problem for that matter. I am willng to step down anyway out of delicadeza nga mahibubutang liwat an PNP hin diri maupay nga sitwasyon ma-misinterpret hin diri nga magagamit ko an ak puwesto for my political interest sumala hiton pagduda hin pera ka tawo,” Palconit said.
Under the recent Supreme Court ruling, appointive officials seeking elective positions in next year’s elections need not resign from their posts upon filing their certificates of candidacy (CoCs).
The Supreme Court voted 8-6 to strike down as unconstitutional Section 4(a) of Comelec Resolution 8678, a provision in Section 13 of Republic Act 9369, and Section 66 of the Omnibus Election Code.
The second provision in the 3rd paragraph of Sec. 13 of RA 9369, states “that any person holding a public appointive office or position, including active members of the armed forces, and officers and employees in government-owned or -controlled corporations, shall be considered ipso facto resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certificate of candidacy.”
Sec. 4(a) of Comelec Resolution No. 8678 provides the same. Both provisions were lifted from Sec. 66 of the Omnibus Election Code.
In a 30-page decision written by Associate Justice Antonio Eduardo B. Nachura, the court said, “Now is the opportune time for the Court to strike down the said proviso for being violative of the equal protection clause and for being overbroad.”
“In considering persons holding appointive positions as ipso facto resigned from their posts upon the filing of their CoCs, but not considering as resigned all other civil servants, specifically the electives ones, the law unduly discriminates against the first class. The fact alone that there is substantial distinction between those who hold appointive positions and those occupying elective posts, does not justify such differential treatment,” the SC said.
The challenged provisions also suffer from infirmity of being overbroad, it added.
First, the provisions pertain to all civil servants holding appointive posts, whether they occupy high positions in government or not. Second, the provisions are directed to the activity of seeking any and all public offices, whether they be partisan or nonpartisan in character, whether they be in the national, municipal or barangay level, it said.
“Congress has not shown a compelling state interest to restrict the fundamental right involved on such a sweeping scale,” the SC said.
In a 14-page petition for temporary restraining order filed through election lawyer Romulo B. Macalintal, Environment Undersecretary Eleazar P. Quinto and Land Management Bureau director Gerino A. Tolentino Jr. told the SC that the said provisions are “contrary to existing law and jurisprudence.”
Macalintal pointed out that Section 11 of R.A. 8436 as amended by Section 13 of R.A. 9369 is very clear in that persons filing in advance their CoCs are not yet considered candidates as of November 30 but will be considered candidates upon the start of the campaign period.
Meanwhile, not only the Leyte PNP provincial office will have a new set of leadership, because on Dec. 28 a simple turnover of command will also be conducted at the PNP regional office here.
Chief Supt. Sandiego, who will also be retiring on Jan. 11, will be replaced by his classmate at the Philippine Military Academy Class 1979, Chief Supt. Rey Lañada, who once served as deputy regional director for administration (DRDA), and has even received his one star promotion while in DRDA position.
Lañada early this year was transferred to Camp Crame to head the Directorate for Finance. Now he will return to Region 8 as head of the PNP. (MIRIAM GARCIA DESACADA)
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