PREVENTIVE SUSPENSION OF

POLICEMEN - HIMAGAN V. PEOPLE

(G.R. NO. 113811, OCT. 7, 1994)

Facts:
Himagan a policeman, was suspended until termination of his case. He challenged the
said suspension saying it is in violation of the equal protection of laws stating that under
P.D 807 of the Civil Service Decree, preventive suspension is limited to 90 days only.

Resolution:
In Himagan v. People, the court explained that the reason why members of the PNP
are treated differently from other classes of persons charged criminally and
administratively insofar as the application of the rule on preventive suspension is
concerned, is that policemen carry weapons and the badge of the law which can be
used to harass or intimidate witnesses against them. If a suspended policeman
criminally charged with a serious offense is reinstated to his post while his case is
pending, his victim and and the witnesses against him are obviously exposed to
constant threat and thus easily cowed to silence by the mere fact that the accused is
uniform and armed. Therefore the imposition of preventive suspension of over 90
days under Section 47 of R.A. 6975 does not violate the suspended policeman's
constitutional right to equal protection of laws.