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    Preventive Suspension of Policemen

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    Doni June Almio
    Himagan, a policeman, was suspended until the termination of his case. He challenged the suspension as a violation of equal protection under the law, noting that preventive suspensions are normally limited to 90 days. The court explained that policemen can be treated differently due to their role as armed law enforcers. If suspended policemen facing serious charges were reinstated, victims and witnesses could be intimidated. Therefore, suspensions of over 90 days for policemen do not violate equal protection rights given the threat their position poses.

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    Preventive Suspension of Policemen

    Uploaded by

    Doni June Almio
    29 views1 page
    Himagan, a policeman, was suspended until the termination of his case. He challenged the suspension as a violation of equal protection under the law, noting that preventive suspensions are normally limited to 90 days. The court explained that policemen can be treated differently due to their role as armed law enforcers. If suspended policemen facing serious charges were reinstated, victims and witnesses could be intimidated. Therefore, suspensions of over 90 days for policemen do not violate equal protection rights given the threat their position poses.

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    Preventive Suspension from Batasnatin.com

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    Himagan, a policeman, was suspended until the termination of his case. He challenged the suspension as a violation of equal protection under the law, noting that preventive suspensions are normally limited to 90 days. The court explained that policemen can be treated differently due to their role as armed law enforcers. If suspended policemen facing serious charges were reinstated, victims and witnesses could be intimidated. Therefore, suspensions of over 90 days for policemen do not violate equal protection rights given the threat their position poses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views1 page

    Preventive Suspension of Policemen

    Uploaded by

    Doni June Almio
    Himagan, a policeman, was suspended until the termination of his case. He challenged the suspension as a violation of equal protection under the law, noting that preventive suspensions are normally limited to 90 days. The court explained that policemen can be treated differently due to their role as armed law enforcers. If suspended policemen facing serious charges were reinstated, victims and witnesses could be intimidated. Therefore, suspensions of over 90 days for policemen do not violate equal protection rights given the threat their position poses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PREVENTIVE SUSPENSION OF

    POLICEMEN - HIMAGAN V. PEOPLE


    (G.R. NO. 113811, OCT. 7, 1994)

    Facts:
    Himagan a policeman, was suspended until termination of his case. He challenged the
    said suspension saying it is in violation of the equal protection of laws stating that under
    P.D 807 of the Civil Service Decree, preventive suspension is limited to 90 days only.

    Resolution:
    In Himagan v. People, the court explained that the reason why members of the PNP
    are treated differently from other classes of persons charged criminally and
    administratively insofar as the application of the rule on preventive suspension is
    concerned, is that policemen carry weapons and the badge of the law which can be
    used to harass or intimidate witnesses against them. If a suspended policeman
    criminally charged with a serious offense is reinstated to his post while his case is
    pending, his victim and and the witnesses against him are obviously exposed to
    constant threat and thus easily cowed to silence by the mere fact that the accused is
    uniform and armed. Therefore the imposition of preventive suspension of over 90
    days under Section 47 of R.A. 6975 does not violate the suspended policeman's
    constitutional right to equal protection of laws.

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