Napolcom upholds dismissal of police captain, 5 other cops
The National Police Commission (Napolcom) has upheld its decision to dismiss a police captain and five other cops in connection to an incident in December 19, 2017 which led to the arrest of thenMoises Padilla Vice Mayor Ella Garcia-Yulo and her husband, Felix Mathias Feria Yulo.
Based on an implementation order dated March 4, 2022 and signed by Atty. Chito Bustonera, Acting Staff Service Chief for Napolcom’s Legal Affairs Service, they have found the respondents – Police Captain Allan Reloj, Police Master Sgt. Ricardo Campos Digcong, Jr., Police Corporals Nobel Perante and Felix Pesales, Jr., and Police Patrolmen Michael Mondido and Darryl Dormido – culpable for Grave Misconduct and Grave Irregularities in the Performance of Duty.
The Napolcom has ordered the six cops to be dismissed from the service, in view of the aggravating circumstance of being found guilty of two or more charges or counts.
Reloj and five other cops were accused of conducting an illegal checkpoint, performing unlawful arrest upon the Yulo couple, and performing an illegal search and seizure of the vehicle of the couple in violation of the 2013 Philippine National Police (PNP) Police Operational Procedures and Napolcom Memorandum Circular No. 2016-002.
Based on the circumstances surrounding the incident, the Napolcom believed that it was “election-related” and that the same was a form of “political harassment” as then-Vice Mayor Yulo was a political opponent of then-Moises Padilla Mayor Magdaleno Peña for the 2019 elections.
Reloj and five other cops claimed that the checkpoint they conducted was in compliance to a memorandum issued by then-Negros Occidental Police Provincial Office (NOCPPO) director Colonel Rodolfo Castil to establish border control checkpoints due to terror threats coming from the New People’s Army (NPA).
The respondents claimed that Felix Yulo was acting suspicious which is why they flagged down the couple’s vehicle. When Reloj went to the driver side of the vehicle he claimed that Felix had a handgun on his lap prompting him to order Felix to step out of the vehicle.
Reloj then claimed that Felix’s wife Ella started screaming at him and also stepped outside the vehicle, and started berating the police chief.
Reloj further claimed that he was assaulted by the vice mayor, while Felix also confronted Reloj.
At that point, the respondents seized Felix’s .45 caliber pistol. A search of the vehicle also led to the recovery of another .45 caliber pistol, ammunition, two hand grenades, and two sachets of suspected shabu.
The couple were later charged with illegal possession of firearms and explosives, as well as possession of illegal drugs.
A pre-charge investigation was held on two formal charges of Grave Misconduct and Grave Irregularities in the Performance of Duty, pointing out that the respondents used identified [sic; unidentified] persons wearing civilian clothes only and wearing bonnets and covers on their faces.
The respondents also conducted the checkpoint in their civilian clothes, and the barangay tanods who joined the checkpoint were carrying firearms.
The Napolcom added in its implementation order that accordingly, the accessory penalties of
cancellation of the police eligibility, forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification from holding public office, are likewise to be imposed.
Earlier on October 21, 2020, Department of the Interior and Local Government (DILG) secretary and Napolcom chairman Eduardo Año ordered the dismissal of the six cops after they were found culpable for Grave Misconduct and Grave Irregularities in the Performance of Duty.
Aside from Año, the dismissal document was also signed by Napolcom vice chairman and executive officer Atty. Rogelio Casurao, and commissioners Felizardo Serapio Jr., Atty. Job Mangente and Zenonida Brosas, and retired police Gen. Camilo Cascolan.