Judge Ireneo Lee Gako Jr. yesterday granted the prosecution's motion seeking the preventive suspension of SPO1 Marcial Ocampo.
In a two-page order, Gako denied the opposition of the defense to the motion on the ground that the Philippine National Police Reform and Reorganization Act provides for it.
Section 47 of the Republic Act 6975 otherwise known as the Department of Interior and Local Government Act of 1990 as amended by Section 55 of the R.A. 8551 or the PNP reform and reorganization law states that, "upon the filing of a complaint or information sufficient in form and substance against a member of the PNP for grave felonies where the penalty imposed by law is six years and one day or more, the court shall immediately suspend the accused from office for a period not exceeding 90 days from arraignment."
Ocampo's lawyer, Hector Fernandez, objected to it on the grounds that it is no longer necessary because the accused has already been detained. Fernandez said that the purpose of the preventive suspension is to deny the accused the chance to harass the complainant and witnesses.
Fernandez also said that the motion was not filed in accordance with Section 5, Rule 15 of the rules of court because there was no notice of hearing and the filing has violated the three-day rule as it was filed May 15 but the hearing was immediately set two days later.
However, Gako said that law does not distinguish whether the accused is detained or not. The court likewise said that the accused was not deprived of due process of law because he was given time to answer the motion.
Now that Ocampo has been placed under preventive suspension, he will no longer be allowed to wear his police uniform while attending court hearings. - Fred P. Languido