Court upholds dismissal of civil case a cop filed

The Regional Trial Court (RTC) has upheld the dismissal of the civil case filed by Police Officer 1 Merlo Laborte, who was found positive of methamphetamine, a dangerous drug, during a drug test in 2017.

RTC Branch 7 Judge James Stewart Ramon Himalaloan denied Laborte’s motion for reconsideration for lack of merit.

“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 process, he will have to be investigated and undergo a hearing,” he ruled, adding Laborte was not deprived of his right to due process.

Laborte earlier filed a petition for certiorari, claiming he was not afforded of his right to challenge the result of the drug test. Instead, a complaint of grave misconduct was filed against him before the Cebu City Internal Affairs Service (CCIAS).

Himalaloan, however, ruled that the mere filing of the administrative complaint against Laborte before the CCIAS did not and will not cause him grave and irreparable injury.

In his petition, Laborte claimed he was not afforded due process when he was allegedly not given a chance to challenge the result.

He and other policemen, who applied for a promotion, underwent drug testing on July 27, 2017, in which he was found positive of methamphetamine.

Laborte said even before challenging the result, respondents initiated the filing of the complaint against him.

The acts of respondents showed they had acted with grave abuse of discretion amounting to lack or excess of jurisdiction, he added.

Regional Crime Laboratory Office (RCLO)7 and Police Senior Inspector Dindo Juanito Alaras initiated the filing of grave misconduct against Laborte after the latter was found positive of dangerous drugs during a drug test.

Respondents alleged that contrary to Laborte’s allegation that the filing of administrative complaint would cause him grave and irreparable injury, it will not.

In his one-page order, Himalaloan said the right of Laborte to due process was not violated.

He said in the investigation and hearing before CCIAS, Laborte shall be given the opportunity to challenge the drug test result that causes him to be investigated, and hear the accusation against him, and his defense to be heard.

“As of the moment, there is no showing that he is denied due process. To repeat, a formal charge has to be filed against the petitioner in order that he be heard and given the opportunity to challenge the drug test result and put the issue to rest,” the order reads.

In addition, Himalaloan stated Laborte cannot evade himself from going through a hearing because the drug test was “a prima facie case” against him in which he has to answer.

Manto/GAN