Amid the intense political tension that erupted following the arrest of former president Rodrigo Duterte last week, rumors of mass resignations and social media posts supposedly from active policemen sympathetic to their former commander-in-chief circulated in the social media.
One of the vlogs that caught media attention was the posts by a certain Fonts Stv Vlogs who turned out to be an active member of the Philippine National Police (PNP) assigned to the Quezon City Police District—31-year old Patrolman Francis Steve Tallion Fontillas.
In his posts, Fontillas did not only lash out at President Marcos and PNP top officials, particularly Maj. Gen. Nicolas Torre III, but also threatened the International Criminal Court (ICC).
Fontillas’ posts prompted the QCPD to file a case of violation of Article 142 (Inciting to Sedition) of the Revised Penal Code, in relation to Republic Act No. 10175 (Cybercrime Prevention Act of 2012) on Monday, March 17.
On Tuesday, March 18, the National Police Commission (Napolcom) ordered the filing of administrative charges against Fontillas which could lead to his dismissal from the service.
Limited freedom
Napolcom commissioner Rafael Vicente R. Calinisan explained that what Fontillas did was in violation of the Primer on Personnel Decorum and the Code of Ethics of the PNP and other PNP rules for using social media for partisan political activity.
Calinisan said Fontillas posts are clearly malicious and criminal in nature as it already falls under inciting to sedition.
He explained that while PNP personnel have rights to freedom of expression as guaranteed in our Constitution, these rights are limited by their obligation to maintain neutrality and avoid actions that could compromise public trust and undermine the public's perception of their impartiality.
“I repeat, the uniformed service must be forever apolitical. The PNP's primary function is to ensure public safety, enforce the law, and serve and protect the people,” said Calinasan.
“They are not meant to take political sides. Heavy sanctions await those who would violate election laws, civil service rules, Napolcom and PNP policies and other administrative guidelines,” he added.
In a statement, the QCPD said all policemen must adhere to the highest standards of professionalism and discipline.
“PNP officers shall remain apolitical and non-partisan at all times and we must refrain from posting unauthorized and biased contents in social media and other communication platforms,” it said.
Grievance mechanism
PNP spokesperson Brig. Gen. Jean Fajardo explained that the creation of the PNP in 1990 comes with the policies and guidelines that cover sentiments and complaints of its members.
Aside from the RA 6713, or the "Code of Conduct and Ethical Standards for Public Officials and Employees", Fajardo said there are several memoranda and policies that were crafted when social media became popular.
The memoranda and other policies were crafted after some PNP personnel were monitored to have been using their social media accounts to air their grievances and even political views.
Fajardo said the grievance mechanism ensures due process and assurance that the concerns raised by the PNP members are heard and addressed.
Police officials said the grievance mechanism is part of the discipline in the uniform,
Not absolute
In PNP Memorandum 2020-034 signed by then PNP chief Archie Gamboa in May 2020, it cited several memorandum circulars that emphasized the need to have a guideline on the policemen’s presence on social media.
Among them are the PNP Memorandum Circular (MC) 2019-034 entitled, "Revised Policies, Guidelines and Procedures Governing the Enhancement of the PNP Presence in the Social Networking Sites; and the PNP MC No. 2014-005 entitled "Policies, Guidelines and Procedures Governing the Enhancement of the PNP Presence in the Social Networking Sites.
In the same memorandum, it stated that while the laws and jurisprudence enjoined the state to respect rights to association, self-organization, and freedom of expression of each and every individual, these are not absolute in public sectors.
It argued that the rights to association, self-organization, and freedom of expression are limited for those who enter government service, as government employees are subjected to a different degree of limitation.
In the same memorandum, it cited a 2015 Supreme Court ruling which read: “Freedom of Expression is guaranteed in its fullest outside government but, perhaps, more regulated when one assumes the role of a public officer.”
“The right to speech is inherent. However, the act of joining a government office should be construed as an understanding that the individual's exercise of this basic right is subsumed by the necessity of providing public services to the greater majority,” it added.
Pillar of law and order
In the case of the police organization, PNP chief Rommel Francisco Marbil emphasized the need for the police to remain neutral.
"The PNP is a pillar of law and order, not a platform for personal or political agendas. Let this serve as a warning—any police officer who undermines our core values of integrity, service, and professionalism will face the full force of the law. We will never allow partisan influence to erode public trust in the PNP,” said Marbil.
“The PNP underscores its zero tolerance for political bias among its ranks. All personnel are reminded to remain apolitical and uphold the highest ethical standards, both in their official duties and in their personal conduct, including their presence on social media,” he added.
In the case of Fontillas, Marbil said the case will be pursued with full transparency.