G.R. No. 250804 , February 25, 2025
POLICE MAJOR ALFRED C. ARTURO, Petitioner, vs. CHIEF, PHILIPPINE NATIONAL POLICE, RONALD DELA ROSA, Respondent.

FACTS

Police Major Alfred C. Arturo (PMAJ Arturo) was found guilty of Less Grave Neglect of Duty by PNP Chief Ronald Dela Rosa and was penalized with a 50-day suspension. PMAJ Arturo challenged this decision by filing a special civil action for certiorari. The legal issue revolves around the proper remedy against such a disciplinary action, given the provisions of Section 45 of Republic Act No. 6975 (the PNP Law) and Section 47 of Book V, Title I(A) of Executive Order No. 292 (the Revised Administrative Code).

ISSUE

Whether a member of the Philippine National Police (PNP) who is penalized with suspension (specifically, a 50-day suspension) has the right to appeal the disciplinary action, or if the remedy is limited to a special civil action for certiorari.

RULING

The concurring opinion agrees with the ponencia that the remedy of appeal is not available to PMAJ Arturo. Section 45 of R.A. No. 6975 expressly limits the remedy of appeal to cases where the penalty imposed is demotion or dismissal from the service. For all other disciplinary actions, including suspension, the decision is “final and executory.” This specific provision under the PNP Law prevails over the general provision on appeals under the Revised Administrative Code. The legislative intent, as revealed in the transcripts of the bicameral committee meetings, was to limit appeals to prevent protracted proceedings, ensure swift discipline of erring officers, and maintain public confidence in the police force. Lawmakers deliberately intended certain disciplinary decisions to be final, providing only limited grounds for appeal. Therefore, since PMAJ Arturo was penalized with suspension and not demotion or dismissal, his correct remedy was a special civil action for certiorari, not an appeal.