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.



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.