JUDGE WON’T STOP PROBE VS. POLICEMAN

Officer wanted the court to declare null the case filed against him by his superiors over his drug test result, saying he was not given the chance to challenge it.

Judge James Stewart Himalaloan has struck down a policeman’s attempt to stop the Cebu City Internal Affairs Service and the Regional Crime Laboratory Office 7 from pursuing the administrative cases against him.

Himalaloan denied for lack of merit the motion for reconsideration filed by PO1 Merlo Daclan-Laborte, who had asked for a temporary restraining order against his superiors.

“A complaint is not yet a condemnation or judgment. Naturally, it follows that one has to be filed because of his drug test result, and as a part of due pro-Surprised, cess, he will have to be investigated and undergo a hearing,” reads Himalaloan’s one-page order.

In January 2018, Himalaloan dismissed for lack of legal basis the civil petition filed by Laborte.

Laborte, who is detailed at the Regional Police Holding and Administrative Unit, said he underwent a drug test as one of the requirements for his application for the position of police officer 2 last July 25, 2017.

On July 29, 2017, the police’s crime lab issued a chemistry report stating that Laborte’s urine tested positive for illegal drugs.

Laborte requested that the same test be conducted by a private clinic.

But the petitioner was told that such test to contest the drug test result could only be done in Manila.

Grave misconduct

Last Aug. 7, 2017, Laborte said that SPO1 Pamela Garcia of the Cebu City Internal Affairs Service issued a notice of complaint against Laborte for grave misconduct.

Laborte argued that the respondents abused their discretion when they filed the complaint against him since they did not follow the procedures and acted without basis.

Laborte asked the court to order the Cebu City Internal Affairs Service to declare as null the grave misconduct complaint against him.

Himalaloan, however, ruled that Laborte may seek administrative remedy, or file an appeal before the adjudication board of the National Police Commission.

But Laborte filed a motion for reconsideration, arguing that he has been condemned to suffer the privations and stigma of having to go through summary hearings even before he could be afforded his right to challenge the chemistry report.

In the order, Himalaloan said that the administrative complaint against Laborte did not and will not cause him grave and irreparable injury.

“In that hearing, he is not yet condemned for well-entrenched is the presumption of innocence unless proven otherwise,” the order reads.