CA junks petition vs PNP 'courtesy resignation' order in anti-ninja cops drive

The Court of Appeals (CA) has upheld the legality of the Philippine National Police (PNP) directive requiring senior officers to submit courtesy resignations as part of the government’s internal cleansing campaign against alleged “ninja cops,” effectively junking a petition filed by two police colonels challenging the policy.

In an 18-page ruling, the appellate court’s Tenth Division affirmed the decision of the Quezon City Regional Trial Court dismissing the case filed by Police Colonels Julian Olonan and Rolando Portera, who sought to invalidate the 2023 memorandum ordering colonels and generals to tender courtesy resignations.

The case stemmed from a controversial PNP-wide directive issued in 2023, supporting a broader government crackdown on officers allegedly linked to illegal drug activities.

The CA held that the resignation letters submitted by the petitioners were valid and amounted to a relinquishment of their positions and continued service in the police force.

It also rejected claims that the officers were denied due process or equal protection, noting that they failed to first exhaust administrative remedies before elevating the matter to the courts.

The ruling stressed that senior PNP officials holding ranks from colonel to director general are presidential appointees, making the Office of the President the proper venue for any challenge involving their separation from service.

The appellate court pointed out that the petitioners themselves admitted they did not seek reconsideration or relief from the Office of the President before filing the case, undermining their due process argument.

It further dismissed the claim that administrative remedies would have been futile, saying the executive office had the authority to review or reverse actions related to appointments and separations.

“Prudence and procedural regularity require exhaustion of administrative remedies,” the court said, underscoring that judicial intervention was premature.

Records showed that Olonan and Portera submitted their courtesy resignations in June 2023 but later argued that they intended only to step down from their posts, not exit the police service entirely.

The Philippine National Police subsequently endorsed the resignations, which were accepted by the Office of the President of the Philippines, prompting the officers to seek court intervention.

Both the trial court and the appellate court ultimately ruled against them, affirming the validity of the courtesy resignation mechanism as part of the government’s internal cleansing initiative within the police organization.

Back then, the PNP's Directorate for Personnel and Records Management discipline, law and order division, received the courtesy resignation of 942 senior officers from a total of 953 third-level police officials.