PNP spox clarifies Supt. Marcos not reinstated but put on back-to-duty status

Superintendent Marvin Marcos, the police official who is facing homicide charges over the death of Albuera Mayor Rolando Espinosa Sr., was not reinstated but rather put on back-to-duty status, the Philippine National Police (PNP) said Tuesday.

"Just to clarify po, si Superintendent Marvin Marcos ay back-to-duty status because of the lifting of his leave of absence. This is due to the downgrade of case from murder to homicide. Hindi po siya reinstated. Siya po ay back on-duty status. That's why as his status, CIDG reassigned him to CIDG 12. 'Yan po 'yung background niyan," PNP spokesperson Chief Superintendent Dionardo Carlos said in an interview on Unang Balita.

Marcos and 18 other policemen were initially charged with murder, but the Department of Justice (DOJ) downgraded the charges to homicide, which the Baybay City court accepted, allowing the policemen to post bail.

Last week, Marcos has been tasked as head of the Criminal Investigation and Detection Group-SOCCKSARGEN despite the criminal charges he is facing over the death of Espinosa and another detainee in November last year.

Carlos said that since the policemen were able to post bail, their leave of absence status was lifted thus making them eligible to go back to on-duty status.

"He was initially charged for the crime of murder. He was issued a warrant of arrest and then committed to a detention facility. At that status, the PNP based on our procedure, he was automatically placed on leave of absence," Carlos said.

"However, because of the downgrading murder to homicide, giving him the opportunity to post bail and have a temporary liberty, it caused us to automatically lift the leave of absence and put him back into duty status. He is still charged criminally for the crime of homicide in a criminal court and their group will therefore appear before the court and defend themselves," he added.

The announcement of Marcos going back to active duty has drawn criticisms from legislators, including those allied with President Rodrigo Duterte. His appointment became effective a day before Duterte said in a speech that he wants Marcos reinstated.

Meanwhile, Carlos emphasized that the PNP just followed the standard procedure as the implicated policemen have their right to due process.

"We are following a standard procedure giving due process to this policeman charged for various offenses and therefore the procedure is through the investigation of Internal Affairs. And the decision was based on the affidavit, counter-affidavit and other evidences presented before the investigative body and it is not the opinion, commentary or other findings are not presented before that body," Carlos said.

Asked whether Duterte had crossed the line when he wanted Marcos to be reinstated, Carlos said: "Following the procedure hindi pa po umaabot sa commander-in-chief. And the Internal Affairs and the chief PNP based their decision on the findings of the investigation. Doon po 'yun, hindi po doon...it has not reached the commander-in-chief at this point."

"At the end of the day, it has not reached the level of the commander-in-chief and the decision and the findings is based on what was presented before the proceedings," he added.

PNP-Directorate for Personnel and Records Management is set to submit to PNP chief Director General Ronald dela Rosa this week its recommendation on the appeal filed by Marcos and other police personnel involved in the death of Espinosa.

"Internal Affairs submitted a decision for suspension, demotion against their group. This decision is now on motion for reconsideration (MR) and appeal by their group. That is why the implementation of the sanction is still on hold. Once the MR or the appeal is resolved, the implementation will push through," Carlos said.

Carlos also clarified that Marcos and others have yet to appear in court for the homicide charges they are facing.

"Hayaan nating matuloy ang proseso at dadaan po 'yan sa tamang proseso at ang decision ay ma-i-implement. Nangunguna ho kasi tayo eh. Nandoon pa lang tayo sa level ng decision ng chief PNP. Hindi pa po sila humaharap sa kasong kriminal. Ibig sabihin wala pang court hearing. Hintayin ho natin because 'yan po 'yung binibigay natin sa kanila. They have the right in due process para hindi tayo ma-technical," he said.

Marcos on Monday already reported to his new assignment as officer-in-charge of the PNP-CIDG in Region 12. —Marlly Rome Bondoc/KG, GMA News