Court denies cop’s request for TRO on probe

The Regional Trial Court has denied the request of Police Officer 1 Merlo Laborte to issue a 20-day Temporary Restraining Order (TRO) regarding an ongoing investigation against him on complaints of grave misconduct.

On Friday, Regional Trial Court Judge James Stewart Ramon Himalaloan denied the request of Laborte for the issuance of the TRO against Cebu City Internal Affairs Service, Police Senior Inspector Dindo Juanito Alaras, and Regional Crime Laboratory Office (RCLO)-7

“Finding no extreme urgency for the issuance of a twenty-day Temporary Restraining Order (TRO) since petitioner at present is still in active service and in fact he is not meted with any suspension order as of the moment,” read the one-page order.

Laborte through lawyer Christopher Ruiz had earlier filed a petition for certiorari asking the court to issue a TRO and /or writ of preliminary injunction against CCIAS, Alaras and RCLO-7 to stop their ongoing investigation against him for grave misconduct.

He claimed respondents initiated the filing of complaint without giving his right to challenge the result of the drug test which showed he was positive for illegal drug use.

“Clearly, petitioner here has already been condemned to suffer the privations and stigma of going through summary hearing proceedings for grave misconduct even before he could be accorded his right to challenge the result,” stated the complaint filed by Laborte.

Laborte reportedly underwent drug testing on July 27 as part of the screening process for his promotion to the rank of Police Officer 2.

After he was found positive for methamphetamine use, Laborte manifested that he will challenge the result. However, even before he could do so, CCIAS, Alaras and RCLO-7 had already initiated to file the complaint against him.

Such actuation of respondents, Laborte said, shows that they committed grave abuse of discretion amounting to lack or excess of jurisdiction since the mandatory procedure for the conduct of a drug test upon officers of the Philippine National Police was not followed.

Meanwhile, Himalaloan ordered respondents to hold in abeyance the ongoing investigation conducted against Laborte, while Laborte's case is pending before his court.

Himalaloan set the hearing of the application for the issuance of a writ of preliminary injunction to October 27.