Free legal aid to protect cops, soldiers in performance of duty

From the Philippine News Agency (Jul 27, 2021): Free legal aid to protect cops, soldiers in performance of duty (By Christopher Lloyd Caliwan and Benjamin Pulta)

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Police officers and soldiers will get an extra layer of protection in the performance of their duties once a law providing them free legal assistance is passed, Interior Secretary Eduardo Año said on Tuesday.

“Para magkaroon ng security yung mga sundalo at pulis sa pagtupad ng tungkulin nila. Hindi sila mamoroblema sa legal cases kasi for example, nag-utos ang Pangulo ng ganitong (law enforcement) campaign. Siyempre, andaming grupo ang posibleng magpa-file ng kaso against law enforcers (This for our soldiers and police to feel secure in carrying out their duties. They will not have problems with legal cases because, for example, the President ordered a law enforcement campaign. Of course, there are groups who could possibly file a case against law enforcers),” Año told the Philippine News Agency in a phone interview.

In his last State of the Nation Address (SONA) on Monday, President Rodrigo Duterte urged Congress to pass a law that would provide free legal assistance to both the military and the police in order to assist them when they face charges from incidents related to the performance of official duties.

"Once the administration changes, it is possible that our police and military will not have any mechanism for their legal defense. They would have to spend from their pockets to attend hearings, hire lawyers until their resources become depleted and because of that, they might lose their case. They must be provided with legal assistance until it is proven that they acted in the performance of their duties,” said Año, who is also a retired Army general.

Through the measure, Año said the Public Attorney's Office (PAO) or the Office of the Solicitor General (OSG) can open plantilla positions for lawyers who will be tasked to handle cases involving law enforcers.

Philippine National Police (PNP) chief, Gen. Guillermo Eleazar, also welcomed Duterte’s pronouncement, saying that this will be a big help to PNP personnel.

“Bilang ama ng organisasyon, nagpapasalamat ang PNP kay Pangulong Rodrigo Roa Duterte sa kanyang layunin na mabigyan ng free legal assistance ang ating kapulisan na nahaharap sa kaso dahil sa pagtupad sa tungkulin. Malaki ang maitutulong nito sa amin lalo na sa mga pulis na walang kakayahang magbayad ng abogado (As the father of the organization, the PNP is grateful to President Rodrigo Roa Duterte for his goal of providing free legal assistance to our police who are facing charges for fulfilling their duties. This will help us a lot especially police officers who cannot afford to hire a lawyer),” Eleazar said in a statement.

Meanwhile, the Armed Forces of the Philippines (AFP) also thanked Duterte for the measure.

"We believe that when enacted, this will ease the burden of our uniformed personnel as they perform their duties and focus on accomplishing their mandate," AFP public affairs office chief Navy Capt. Jonathan Zata said in a statement.

He also reiterated that this will not be an excuse or open opportunities for soldiers to commit abuses.

"Rather, this is a testament that the rule of law reigns on every aspect of our efforts in support to law enforcement operations," Zata said.

He added the AFP has been transforming and continues to inculcate respect for Human Rights, International Humanitarian Law, and Rule of Law.

"This has been one of the hallmarks in our effective campaign against communist terrorists and other lawlessness and we will not let our gains in this end to go to waste," Zata said.

State lawyers allowed to help cops, soldiers

Meanwhile, Justice Secretary Menardo Guevarra confirmed that government lawyers are authorized to provide legal assistance to law enforcers charged in the course of legally performing their duties.

“(T)he DOJ has a standing directive to the PAO (Public Attorney’s Office) to extend legal assistance to police officers (up to the level of Senior Police Officer IV) and other uniformed personnel who get sued in the course of performing their official duties. The PAO has existing memorandum circulars to its public attorneys regarding this matter,” Guevarra said.

Guevarra clarified the provision of free legal assistance, however, is subject to the PAO’s evaluation of the case, “including a determination of a conflict of interest, as when the adverse party has also sought legal assistance from the PAO,”.

He also said legal assistance “is not the same as legal protection”.

“It is just providing law enforcement agents some means to defend themselves in court for acts done in relation to their official duties, such as fighting terrorists and criminals. unless proven guilty, they are presumed innocent. like everyone of us, they are also entitled to due process of law,” Guevarra said.

He said law enforcers are also entitled to their counsel of choice and maybe given assistance from their legal funds.

https://www.pna.gov.ph/articles/1148399