Facts:

Petitioner, a police officer was implicated in the killing of Benjamin

Machitar, Jr. and the attempted murder of Bernabe Machitar.The court
issued an Order suspending petitioner until the termination of the case on
the basis of Section 47, R.A. 6975. After over 90 days, petitioner filed a
motion to lift the order for his suspension,3 invoking on Section 42 of P.D.
807 of the Civil Service Decree. He contended that an imposition of
preventive suspension of over 90 days is contrary to the Civil Service Law
and would be a violation of his constitutional right to equal protection of
laws.

Issue: Whether or not suspension of the petitioner violates his

constitutional right to equal protection laws.

Ruling:

Petition denied.

Petitioner misapplies Sec. 42 of PD 807. The section clearly shows that it

refers to the lifting of preventive suspension in pending administrative
investigation, not in criminal cases, as here. Sec. 91 of R.A. 6975 which
states that "The Civil Service Law and its implementing rules shall apply to
all personnel of the Department" simply means that the provisions of the
Civil Service Law and its implementing rules and regulations are applicable
to members of the PNP insofar as the provisions, rules and regulations are
not inconsistent with R.A. 6975. Certainly, Section 42 of the Civil Service
Decree which limits the preventive suspension to ninety (90) days cannot
apply to members of the PNP because Sec. 47 of R.A. 6995 provides that
the suspension where the penalty imposed by law exceeds six (6) years
shall continue until the case is terminated.