A Messy Police Business

Hole of Justice

By Peter G. Jimenea           

                                         

A Messy Police Business

 

Somewhere in this city, a prisoner with pending case escaped from jail and the police jail guard on-duty was in hot-water. He is already in the brink of insanity when he found an absurd way to get out of the mess he’s in.

 

A friend-judge helped him with a solution so simple. Pay the amount of the recommended bail bond for the temporary liberty of the escapee, post it to the court and presto, problem solved!

 

Yaaaks…Capone of their time. The police jail-guard got-off the hook easily than the police in this story did - SPO3 Jenny Zacarias, Criminal Investigation Service of the Western Police District Command, Manila.

 

Jenny was tasked to guard Alfredo “Joey” de Leon, leader of the notorious “Red Scorpion Group.” Unfortunately, De Leon escaped from his cell with another prisoner Nicanor Atractivo, who is charged in a robbery with homicide case.

 

On how De Leon escaped, Jenny has yet to say. But it spawned the filing of a case for inefficiency in the performance of duty against him. Under par. (c), Section 42 of R.A. 6975 or the PNP Law, the charge is a ground for Summary Dismissal.

 

And so it was. But the order of the PNP chief was contested by Jenny. He averted that the Summary Dismissal Order against him was without due process and based merely on substantial evidence.

 

As a result, this police mess has travelled a long way from the PNP Chief to NAPOLCOM, the National Adjudication Board (NAB) and to the Court of Appeals, until it finally reached the Supreme Court.

 

Section 42, Summary Dismissal Powers of the PNP Chief and Regional Directors: After due notice and summary hearings, they may immediately remove or dismiss any respondent PNP member in any of the following cases;

 

(a)           When the charge is serious and the evidence of guilt is strong.

(b)           When the respondent is recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges.

(c)            When the respondent is guilty of conduct unbecoming of a police officer.    

 

Jenny contends the charges neglect of duty, inefficiency and incompetence in the performance of official duties charged against him cannot be classified under any of the three cases enumerated above.

 

Hence, without due process and the PNP Chief and the (NAB) cannot dismiss him summarily from the service. But the essence of due process is simply an opportunity to be heard or, as in administrative proceedings, the opportunity to explain. In fact, the motion for reconsideration of Jenny has already cured all the defects of due process.

 

Conduct unbecoming of a police officer refers to any behaviour or action of a PNP member in his official capacity, which dishonours himself and seriously compromises his character in a manner that indicates a corrupt state of moral character;

 

It may also refer to acts or behaviour of any PNP member in his unofficial or private capacity that compromises his position as a police officer and exhibits himself as unworthy to remain a member of the organization.

 

Substantial evidence; “relevant evidence that reasonable mind may accept as adequate to support conclusion. The CA cannot substitute its own judgment or criterion for that of the administrative body in determining where lies the weight of evidence or what evidence is to believe.” (Velasquez vs. Nery, 211 SCRA 28,34,35)

 

Thus, the SC upheld the decision of both the NAB and the Court of Appeals in confirming the order of the Chief PNP for the summary dismissal of PO3 Jenny Zacarias from the police service. (G.R. No. 119847, October 24, 2003).