Speaker Sonny Belmontes call (Inquirer, March 24, 2015) for embattled

erstwhile PNP Chief Alan Purisima to resign from the service is a clear

manifestation of the publics growing displeasure at the latters attempt to hold on

to power despite the flak he has been getting over his furtive handling of the

Mamasapano fiasco. The resonant call for him to step down carries not only a

moral issue but is one that also draws ample support from the pertinent provisions

of the law.

No less than the PNP Charter or Republic Act No. 6975 provides:

Section 29. Key Positions. The head of the PNP with the rank director

general shall have the position title of Chief of the PNP. X x x.

Clearly, the term PNP Chief is a position title given by law to the head of

the PNP who shall have the rank classification of Director General. Therefore, one

appointed to the rank of Director General of the PNP cannot resign as such and

remain carrying his position as PNP Chief, for to do so would result in an

anomalous situation where the position and the rank will be split into two (2)

separate and distinct posts, a situation not even remotely nor vaguely contemplated

under the law. Moreover, it will effectively prevent the appointment of a

permanent head of the national police body in contravention of both the letter and

the spirit of the law and to the detriment of the whole PNP as a heavily-battered

organization trying to bounce back from the ignominy wrought by the

Maguindanao tragic incident.

One concrete proof that it was never the intendment of the legislature to

sever the posts into two (2) separable positions is the fact that the PNP chief is

appointed by the President only once, that is, to the rank of Director General and

to no other position pursuant to Sec. 31(d) of RA 6975, as amended. That rank

carries with it the exclusive solitary position title of PNP Chief, an ex officio

post which means by virtue of the characteristics inherent in the holding of a

particular office without the need of specific authorization or appointment.

(http://legal-dictionary.thefreedictionary.com). That being so, Purisima cannot

legally keep his stars after relinquishing his seat considering that by law the

former belongs to the latter and vice versa and therefore both of them must be

treated as one.

ATTY. ALVIN T. CLARIDADES

PUP College of Law Faculty

Sta. Mesa, Manila

24 March 2015