Daily Tribune (Philippines)

CA junks ‘Goma’ admin complaints

In Gomez’s case, it was the Inspection, Monitoring and Investigat­ion Service of the Napolcom which found probable cause to file a formal charge against the policemen

- BY ALVIN MURCIA @tribunephl_alvi

The Court of Appeals announced on Monday that it has dismissed the administra­tive complaint filed by Leyte Fourth District Representa­tive Richard Gomez against several policemen who implicated him in the illegal drug trade of the Espinosa clan in Albuera municipali­ty in Leyte.

In a 12-page ruling, CA Thirteenth Division’s Associate Justice Eleuterio Bathan affirmed the 28 June 2019 decision and the resolution dated 24 July 2020 issued by the National Police Commission en banc.

The resolution dismissed the administra­tive cases for grave misconduct, dishonesty, and conduct unbecoming of a police officer against Police Chief Inspector Jovie Espenido, Police Chief Inspector Leo Laraga and Police Officer 3 Hydie Yutrago for lack of substantia­l evidence and legal standing.

To recall, Gomez argued before the CA that the Napolcom committed a serious and reversible error when it ruled that he has no legal personalit­y to move for reconsider­ation of the decision exoneratin­g the said policemen of administra­tive liabilitie­s.

However, the CA upheld Napolcom’s grounds in dismissing the solon’s petition, saying that “in administra­tive cases, appeals are extended to the party adversely affected by the decision, which refers to the government employee against whom the administra­tive case is filed for the purpose of disciplina­ry action, or the disciplini­ng authority whose decision is in question.”

“The fact that the petitioner is the then mayor of Ormoc City is of no moment. It is establishe­d that in administra­tive cases, a complainan­t is a mere witness. No private interest is involved in an administra­tive case as the offense committed is against the government,” the CA said.

“In fact, the Supreme Court has held that a private complainan­t in an administra­tive case has no right to appeal the decision of the disciplini­ng authority,” it added.

While the Revised Rules of Procedure before the Administra­tive Disciplina­ry Authoritie­s and Internal Affairs Service of PNP or Napolcom Memorandum Circular 2016-0002 states that the disciplina­ry authoritie­s are obliged to refer to the city or municipal mayors; chiefs of police or equivalent supervisor­s; provincial directors or equivalent supervisor­s; regional directors or equivalent supervisor­s; People’s Law Enforcemen­t Board Chief of the Philippine National Police and the Napolcom, the CA pointed out that “it is the Napolcom that shall have primary jurisdicti­on over grave administra­tive cases defined and penalized under said rules.”

In Gomez’s case, it was the Inspection, Monitoring and Investigat­ion Service of the Napolcom which found probable cause to file a formal charge against the policemen.

The IMIS conducts continuous inspection and management audit of personnel, facilities and operations at all levels of command of the PNP, as well Napolcom’s regional and field offices; monitors the implementa­tion of the agency’s programs and projects relative to law enforcemen­t; and monitors and investigat­es police anomalies and irregulari­ties.

The CA said it found Gomez lacking the legal standing to sue.

“Considerin­g that the petitioner has no legal interest or standing to appeal and seek the nullificat­ion of the assailed decision and resolution exoneratin­g the individual respondent­s from the administra­tive charge of grave misconduct, dishonesty and conduct unbecoming of a police officer, we thus find no need to delve on the merits of this case,” said the CA.

The complaint affidavit was filed by Gomez on 16 November 2016 against the policemen before the Napolcom’s IMIS as he accused them of violating the commitment orders of Marcelo Adorco, Jose Antipuesto, Jessie Ocares and Jeffrey Pesquera who were bodyguards and employees of the Espinosas.

He also claimed that Laraga publicly named him as one of those involved in the drug trade with the Espinosa family of Albuera Municipali­ty without personal knowledge as to its veracity.

 ?? PHOTOGRAPH BY KING RODRIGUEZ FOR THE DAILY TRIBUNE ?? THE Monday morning low tide at the Baseco Compound provides an opportunit­y to children who scavenges for recyclable trash as wastes converge along the shores of the Manila Bay, ready for the picking.
PHOTOGRAPH BY KING RODRIGUEZ FOR THE DAILY TRIBUNE THE Monday morning low tide at the Baseco Compound provides an opportunit­y to children who scavenges for recyclable trash as wastes converge along the shores of the Manila Bay, ready for the picking.

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