1. THE PNP LEGAL ASSISTANCE PROGRAM June 10 2011

2. 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.

3. "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” A. LEGAL BASIS FOR LEGAL ASSISTANCE PROGRAM Section 49 of Republic Act No. 6975 as amended by RA 8551

4. 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

6. DOJ Circular No. 78 SALIENT FEATURES: Designation of Public Attorney’s Office as provider of legal assistance PO1– SPO4 as beneficiaries

7. PAO MEMO CIRCULAR NO. 003 SERIES OF 2010 SALIENT FEATURES Beneficiaries, PO1– SPO4, except those already represented by counsel de parte

8. 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 NAPOLCOM CIRCULAR

9. PNP CIRCULAR 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) PNP CIRCULAR

10. OPTION OF THE RESPONDENT PNP MEMBER PNP LS NAPOLCOM DOJ(PAO) IBP (Private Counsel)

11. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office Legal Officer PNP Legal Service NLAB C, PNP Lawyer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director

12. 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.

13. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office 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) Legal Officer

14. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office RLAB NSU LAB shall process screen and deliberate the request for legal assistance. Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01)

15. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office Recommends approval to the RD/ NSU Director RD/NSU Director approves or disapproves the recommendation Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director

16. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office 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. Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director PNP Legal Service NLAB

17. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office C, PNP approves or disapproves the request. Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director PNP Legal Service NLAB C, PNP

18. Procedure Governing Application for Legal Assistance Representation and Reimbursement (Rule IV, Sec. 13) Applicant Head of Office 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 Legal Officer RLAB / NSU LAB (NLAB Res. No. LAB-2001-01) Regional Director / NSU Director PNP Legal Service NLAB C, PNP Lawyer

19. 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 DPRM-Member DIDM-Member D,LS-Member Secretary > Powers and Functions - formulate policies and guidelines in the granting of request for legal assistance

20. PNP Legal Assistance Board (NHQ LAB or NLAB) * evaluate all requests for legal assistance * determination of service connectivity * amount to be released for legal assistance * other function as necessary or directed > Powers and Function - central entity in evaluating all request for legal assistance and recommending for approval to the C, PNP - recommend legal assistance approval to the C, PNP

21. 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

22. Sample Format of Memo Request for Legal Assistance

23. Thank you… For further information or queries: Visit the Office of the Regional Legal Service Officer Camp General S.K. Pendatun, Parang, Maguindanao