LINGAYEN—Please step down.

This was the message sent by members of the Sangguniang Panlalawigan (SP) to Sr. Supt. Marlou Chan, police provincial director, in a resolution that formally expresses their support to the case filed by Governor Amado Espino Jr. seeking his ouster.

Approved during the provincial board’s regular session on June 3, Provincial Resolution No. 1856-2013 states the board’s “concurrence and support” to the case filed before the Regional Trial Court (RTC) which seeks for the issuance of preliminary injunction and temporary restraining order (TRO) against Chan’s permanent appointment as head of the Philippine National Police (PNP) in Pangasinan.

“It is my humble submission that the court case will not solve the dispute between the two leaders. It will even escalate the tension and animosity to the great damage and irreparable injury to the province and its people,” said SP member Alfonso Bince Jr., author of the resolution.

“The judicial process to resolve a dispute is long and tedious. Whoever loses a case can always appeal to higher courts, thus prolonging the agony and animosity. To my mind, the better solution would be to touch the heart and mind of PS Supt. Chan,” said Bince.

HEARING RESET

The summary hearing of the case, originally scheduled for May 30 and later reset to June 6 has again been moved to June 13 to give an opportunity for the other two defendants to appear in court as well.

Aside from Chan, an amended complaint filed on May 31 includes as respondents PNP Director for Personnel and Record Management Catalino Cuy and Region 1 police commander Ricardo Marquez for allegedly conspiring to circumvent pertinent provisions of the PNP Law and the Omnibus Election Code in designating Chan.

Cuy is the signatory in the memorandum order naming Chan Pangasinan police chief in full capacity while Marquez is alleged to have failed in nominating two other qualified police officials for the position as prescribed by the law.

Chan was designated as officer-in-charge (OIC) police director of Pangasinan in December last year but on May 10, 2013, Marquez, through Cuy, issued a memorandum terminating Chan’s OIC status and assigning him in full capacity as provincial director.

Espino’s complaint asserts that it was “in gross violation of the PNP law and Comelec issuances” as it was made “without and against the knowledge and consent” of the governor as prescribed by law.

THREE QUESTIONS

Subsequently, Bince put forward three questions to Chan: (1) Whether he was “happy under the present situation where the governor, the members of the provincial board and majority of the mayors question your capability, integrity and impartiality in the exercise of your function…?”; (2) Can he, under the circumstances, still effectively perform his duties?; and (3) Will he insist on staying at his post if the RTC will rule against him?

“Your answers to these questions will be a clue as to your real intentions in your present antagonistic attitude vis-a-vis Gov. Espino,” said Bince.

MOTION TO DISMISS

Meanwhile, Atty. Magnolia Velez, one of two lawyers from the Office of the Solicitor General (OSG) representing Chan said they plan to file a motion to dismiss the case on the ground of alleged lack of jurisdiction.

She cited a National Police Commission (NAPOLCOM) Memorandum Circular stating that any conflict arising from the designation of PNP officers shall be heard and acted upon at the NAPOLCOM Tribunal.

However, Baniqued cited that a Manifesto for A Change in the PNP Leadership submitted before the NAPOLCOM and Commission on Elections (ComElec) signed by majority of local leaders is attached to their complaint.

When asked of a possible out-of-court negotiation, Baniqued remarked, “It takes two to tango…we’ll see.”

Espino’s legal team was supposed to present their witness, Chief Administrative Officer Dr. Irmina Francisco, in the hearing of the case docketed as case no. 19270, which was filed last May 24 and being heard at the Regional Trial Court Branch 69 under acting Judge Caridad Villegas– Johanne R. Macob

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