Ombuds suspends 5 cops, 3 Negros Occ gov't workers
BACOLOD CITY — Five policemen and three employees of the Negros Occidental provincial government may have been acquitted of criminal charges, but the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices ordered their three-month suspension without pay, for simple misconduct.
Criminal and administrative charges were filed against Superintendent Gabriel Gutierrez, former commander of the Negros Occidental Police Public Safety Company, Senior Police Officer 1 Alfredo Chavez, PO3 Onald Villa, and PO2s Albert Juaneza, and Dennis Capatar; and Task Force Lawod members Noel de la Cruz, Neil Francis Gepanago and Welman Mendones.
These cases stemmed from the arrest of 24 fishermen for alleged illegal fishing between territorial waters of Negros Occidental and Guimaras in August 18, 2014.
The eight accused were charged for qualified piracy, grave coercion, arbitrary detention, robbery, misconduct, abuse of authority, conduct prejudicial to the best interest of the service, conduct unbecoming of public officer and gross ignorance of the law.
However, the respondents denied charges against them, insisting that they were in the lawful and regular performance of their duties, as members of Task Force Lawod, when they apprehended boat captain Gerardo Alolod, chief engineer Noel Hilado and master fisherman Robert Despi, of F/V Aqua King commercial fishing vessel, and their crew members.
Task Force Lawod was created by the Negros Occidental provincial government in response to the clamor of small fisherfolks against the big-time corporations conducting fishing activities.
The eight-page Ombudsman joint resolution was signed by graft investigation and prosecution officer Avelino Macamus Jr. – concurred by Yvette Marie Evaristo, recommended for approval by acting assistant Ombudsman Dennis Garcia, and approved by Deputy Ombudsman for military and law enforcement offices Cyril Ramos.
It dismissed charges for qualified piracy, grave coercion, arbitrary detention and robbery, filed against the five policemen and three members of Task Force Lawod, who are also employees of the Provincial Environment and Management Office of Negros Occidental.
However, the resolution stated there is substantial evidence to hold the respondents liable of simple misconduct, as they transgressed the law when they made the complainants board the Navy vessel, leaving F/V Aqua King unmanned by an official, and they allowed Ramonito Villalon, one of the F/V Aqua King crewmen, to navigate the vessel, despite not having an authority or license to do so.
In the event that the penalty of suspension from the service can no longer be enforced, the same shall be converted into fine in the amount, equivalent to their respective salaries of three months, payable to the Office of the Ombudsman, and maybe deductible from their retirement benefits, the resolution added.