!

:

•... :.:

6, The Chi.~~iP·i'e-ctFlrge EVQ[uaUarr Section of i'itPDf[ods prabq:ble cause to cI~arqe

above-named peos and iPNCOs "for Grave f\'1isconduct (robbery, qravethreats, extortion and physical injuries) and rec~mmended lhattney be subjected to surnmarvheartnq.

After careful fwa[uatio:";pf the. records or hand! this office CQm:UFS· with the

I "1 " •

above findings and racornmendaticrr of thedesiqnated pre-charqe evaluator of I'JfP['} that above-

named peGs' and PNCOs be <:harged fDf.GraV(~ r,lisc8,ndiiCtaflG besubjettew to summary

hearing, ReJat~d!y, this office also recomrnencsthe follow:ng: .

7

" .

a.) Respondents PSINSP' ROlJ~f'lDO t4ENOO7A 'O"1'<f:4;53~ PINSPNELSON LAGASO\ o-

.0756,1, svoi Nestor- DaYfd 013g92, PO}. WHsor; GavJnd:{i9-5Y21 ang POL Roderick Lopena 016.qJ."i·be\p:t~~v.Sot(Yl;;IY)1$~;;p~·n:9>=~gt<t?!-:;{i;M.~f~;W~~r~p~:;:!(Jr!t.ii'fH~jy'{.9o),R;w;:;rysfPoI:l the qround that the

ChCii'ge dClainst them 15 .'2.er10U.s- aI~~-nhe:eYkieilCe :(J(tl=ieilgulil:is strong. . .

. . i' ~~.

b.) Abeve-narned respancien,tsbe disarmed of ·their issued firearms: iii lieu of the

policy djr~ctive that :PNP f~jCRPD personnel involved in. mega'l'ci'div'ity ~be-disarmed of theIr issued

c.) C1 R.LD= itl c:oordinatiofl with DLD, ~itpn, tn SiJomlt, report of action taken relative to

II ji= r";Clil\' of above-named peOs.and PNJ:Os' respective nrear.rnf

, I

. en Incourdin4tionwith RPRJ>1D,PCINSP AtLANUM,IPIG of .SPD is desiqnatedas the

: ~~! If) n( the case as p~r atTached LF:tI~l~rCrder. !

g. r<espectfuli'i n>\" ."i :ijiproval 0'1' p';:lf~dgi"lph }' Or b, c aTi<f d above.

i

!

0.

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE NATIONAL CAPITAL REGION POLICE OFFICE

REGIONAL INVESTIGATION AND DETECTIVE MANAGEMENT DIVISION Camp Bagong Diws, Bicuten. Taguig City

NATIONAL CAPITAL REGION

POLICE OFFICE Represented by PSSUPT CLARENCE V GUINTO Complainant,

Admin Case No.: RIDMD-PCE-05-08-210 (MPD-PC-052008-055) FOR: Grave Misconduct (robbery, grave threats, robbery extortion and physical injury)

-versus-

ROLANDO MENDOZA 0-14453 MPD, NELSON LAGASCA 0-07564 MPD, Nestor David 013892 MPD,

Wilson Gavino 095721 MPD,

Roderick Lopena 016414 MPD,

Respondents,

-------------------------------------x

CHARGE SHEET

NOMINAL COMPLAINANT hereby charged above-named of MPD of the administrative offense of Grave Misconduct (robbery, grave threats, extortion and physical injury) pursuant to Section 52 and 53 of R.A. 8551 in relation to Memorandum Circular 2007-001, to wit:

"That above-named respondents while being active members of the PNP and within the . 'plinary jurisdiction of this office, did then and there and with grave abused of authority

. .. Christian Kalaw without legal grounds, accused him as drug user, brought to the police

on wherein they tortured him and threatened to be killed and extorted Php 20, 000.00 in e for not filing case against him".

Acts contrary to the existing PNP Laws Rules and Regulations of the PNP.

eo

(

j_~/

ATTY. CLARENCE V GUINTO, CSEE Police Senior Superintendent (DSC)

C, RIDMD

BSCRIBED AND SWORN to before me this 29th day of May 2008 in Camp Bagong " Taguig City, Metro Manila.

/D~l~~~EMS

Police Inspedpf'~

Adrninisterinq'Officer

REPUBLIC OF THE PHILIPPINES) TAGUIG CITY', fV1ETRO MANILA) 5.5.

X---------------------------------------X .

VERIFICATION WITH fZERTIFICATION OF NON-FORUt-1 SHOPPING

I, CLARENCE V GUINTO, of-legal age, presently the Chief, Regional Intelligence and Investigation Division, under oath hereby depose and say:

1. I am the nominal complainant in the above-entitled case;

2. I have prepared the foregoing Administrative Complaint and the contents

thereof are true and correct, of my own knowledge and belief;

3. I have not commenced any other .action or proceedings involving the

. same issues in Courts or any other tribunal or administrative agency; to the best of my knowledge, no such action or proceedinqs is pending in any other tribunal or agency; If I should learn thereafter that 2 similar action or proceedings has been filed or pending, I undertake to report the same fact within five (5) days there from to the court or agE:lnc)' wherein the original complaint have been filed.

I PSS'UPT CLARENCE V GUINTO, CSEE

Chief, RIDMD

SUBSCRIBED AND SWORN TO BEFORE ME this ~ day of __ ---'1-_ Camp BagongDiwa, Bicutan, T<:iguig City, M.rv1.

GIDE~.JR Police Inspector

~ 2006 at
,.-
~
_-
.I-~
.. Republic of the Philippines Department of the Interior and Local Government National Police Commission

,,' -NAIlONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE Camp Crame, Quezon City

I" (

May 27, 2008

REASSIGNMENT

named PCO and PNCO are relieved from NCRPO and reassigned to PRO ARMM e'.i,- '2008.' Travel (shortest route) by land, water and/or air transportation is

. . PCS:

-·PSINSP ROLANDO DEL ROSARIO MENDOZA 0-14453 P03 Wilson Matic Gavino 095721 PNP

OFTHE Ole, PNP POLICE DEPUTY DIRECTOR GENERAL RAFANAN:

CEO VI

::rHr'.--;rAr~l.Jl::>.rd"\n· nel and Records Management/w Office of The Chief Directorial Staff r~UJ!:.

•

"

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.,

n n On 1 Ii

,m

l-:: c:

I ->.

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. . . . ~' .

~---'--~r::;.V~n.:m-c--'01'4 h'tJl-'.m-f:rPrr;tc7:J-· -"

NATIONAL POUCE COMMISSION PHlLlPPlj'\jE NATIOl'~AL POLICE '~lATIONAL CAPITAL REGION POLICE OFFICE

REGIONAL I NVESlIGAHC)N AND c EfEC11VE MANAGEMENT DIVISION Camp Bog_on~J Diwa, [)icu-Ian, Taguig City

MEMORANDUM

FOR

The Chief. Philippine Notional Police Camp Crame, Quezon Cily

(AHn: Assist. Chief, OCPNP Complaint Unit)

FROM-

-RD, ~'-lCRPO

"

SUBJECT

A11eged lr:regulnrityjExtoriiori Activities of Mf?1D Personnel

May 28, 2008

1, Re:ference: /'-.AemQ from that office dated May 22, 2008 with

the sorne subject as above.

2, In cornpfionce wi~hJ-he above cited reference, please be

ill formed that the Moniia Police District had conduc ted Investiqotion in relo lion 10 on E-rnail thot originated lrorn a certain Bob Kalaw now circuloling Cit yahuo.com pertoininq t,·) alleged extortion activities of a cerlain Copt Mendoza and Sg-r Gavino of MPD.

3. The F101ice personnel being mentioned in the E-rnoi! ,are

PSI~~SP MENDOZA and r03 Wilson Govino, both ass-ignsd with District Mobile Patrol Unit [OMPU) of MPD. - Subject police personnel were initially relieved from .their unit ossiqnrnent ond reassigned ot the District Mobile Force while- underqoinq administrative inquiry. In the course of investigation,' other nan'Jescropped-up, ihey ore: . PINSP NELSOI~ LAGASCA,SPOl Nestor David and P02 Roderick Lopeno.

4. The Chief, RJDlv1D, NCRPO also initiated .inquirv from

Mandarin Hotel. It wos confirmed that the victim Christian Kalaw, the 50n of the E-mail sondcrindoed worked as Chef of the Hotel. But he resigned lost Morch 29, 2008. Last May 23, :")008, Christian Kulow personally oppeoreo at MPD to formally filed his corn plaint.

5. Result of the investigation ~hall be forwordeo to that office

ASAP.

6.,:--

_ Forlntorrr.ction .

... t .-.

"fORTHf REGIONAL DIRECTOR, NCRPO:

, I

_1,. -,

Republic of the Philippines

OFFICE OF THE OMBUDSMAN

OFFICE OF THE DEPUTY Ol\1BUDSMAN FOR THE MILITARY

AND OTHER LA'" ENFORCElVIENT OFFICES

yJ Floor, Ombudsman Bldg., Agharn Road, Diliman, Quezon City (1104), Philippines

~":ATTY. CLARENCE V. GUINTO,

r~-·· Regional Investigation and Detective .. Management Division,

Camp Bagong Diwa,

. Bicutan, Taguig City, Complainant,

OMB-P-A-08-0670-H

- versus -

FOR: GRAVE MISCONDUCT

'P/SINSP. ROLANDO DEL ROSARIO MENDOZA, SG 23 " PRO-ARMM, Camp. Brig. Gen. Salipada K. Pendatun Parang, Shariff Kabunsuan; or

-Banader o, Tanauan City, Batangas

P/INSP. NELSON URBANO LAGASCA, SG 22 Manila Police District, Headquarters,

. nited Nations Avenue, Manila; or

'4545 Pag-asa St., Sta. Mesa, Manila

SPOl NESTOR REYES DAVID, SG 16 . a Police District, Headquarters, nitecl Nations Avenue, Manila; or

891 Benita St., Hermosa agalangin Tondo, Manila

WILSON MATICGAVINO, SG 14

O-ARIVIM, Camp. Brig. Gen. Salipada K. Pendatun g, Shariff Kabunsuan; or

Tambo, Adorabie, San Leonardo,

Ecija

. .

2 RODERICK SALVA LOPENA, SG 12 ila Police District, Headquarters,

ted Nations Avenue, Manila; or

614 First Street, Onyx, Paco, Manila

Respondents.

~------------------------x

.,

DECISION

This refers to a complaint for Grave Misconduct filed by Atty. ce V. Guinto against P / SInsp. Rolando Del Rosario Mendoza, ,Insp. Nelson Urbano Lagasca, SPO 1 Nestor Reyes David, P03 on Matic Gavino and P02 Roderick Salva Lopeiia. KPI

08-067 Atty. Clarence V. Guinto vs. P / SInsp. Rolando Mendoza, et al.

1) E CIS ION / page 2 of 6/

x-------------------------------------------------------------------------x

In the evening of April 9, 2008, at or about 10:30 p.m., while Christian Kalaw (Christian) was sitting inside his car parked at the corner of Vito Cruz and Taft Ave., Manila, respondents P03 Wilson Gavino and P02 Roderick Loperia approached him and while standing in front of his car, flashed a light upon his face and told him that he was parked on a "No Parking Area". Afterwards, respondent P03 Gavino started to embark on the front passenger seat of his car, asked for his car registration and accused him of illegal use of drugs. He also took P3,000.00 which wasInside the ashtray of his car.

! ~

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During their conversation, Christian got out of his car while respondents PO~ Gavino and P02 Loperia continuously accused him a drug user and continuously conducted illegal search inside his car.

,

f

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After respondents P03 Gavino and P02 Loperia saw his BPI atm card, Christian was asked to withdraw from the atm machine located along Service Road, Roxas Blvd., near Ospital ng Maynila but no funds were withdrawn from his account. Then he was brought to the Ospital ng Maynila for a medical check-up. At the parking lot, respondents SPO 1 Nestor Reyes David and P02 Loperia who were seated behind the passenger seat suddenly grabbed his neck with the use of a seatbelt and forced him to swallow a suspected "shabu".

. I

After the medical examination, Christian was brought to the DMPU, MPD (Manila Police District) where respondents PjSInsp. Rolando Del Rosario Mendoza, P jInsp. Nelson Urbano Lagasca and P03 Gavino demanded P200,000.00 in exchange for his release from captivity. At about 5:25 a.m., Christian's friend, one Martin Abay, responded to.his call and brought P20,000.00 cash and gave it to respondent P03 Gavino in his presence and of other arresting officers at the back of the MPD parking lot beside Susan's canteen.

..

In their Joint Counter-Affidavit-, respondents denied Christian's allegations and claimed that on April 9, 2008 at about

11 :50 p.m., while on routine patrol on board Mobile Car No. 351, they spotted a blue Honda City with plate no. WBH 215 which was illegally parked in a counter-flow position along Pablo Ocampo St. corner Taft Avenue, Manila. Respondents P03 Gavino and P02 Loperia approached Christian for verification, introduced themselves as policemen and informed the latter of his violations. They requested Christian to alight from his car and asked for his driver's license but he was not able to produce it. He alleged that he left his wallet at home and would just call his friend to bring his ~

I Records, pp.26-32

2

OiVlB- P-A-08-0670- H

Attv Clarence V. Guinto vs. P / Sfnsp. Rolando Mendoza, et al.

D Ii C [ S rON .' . / page 3 of 6/

x-------------------------------------------------------------------------x

wallet and other documents that would identify him. He was told to wait for his friend at the MPD office and he acceded.

. ,

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Respondents P03 Gavino and P02 Loperia boarded Christian's car followed by their Mobile Car and proceeded to Ospital ng Maynila for routine medical examination. Christian was medically examined by Dr. Gonzales, who certified that he has "No external signs of physical injury at the time of examination."?

Christian wa.s brought to HQ, MPD where respondent PjSlnsp. Mendoza told respondents P03 Gavino and P02 Loperia to arrest him and prepare the necessary documents.

While thereat, the father of Christian called their office.

Respondents P03 Gavino and P / SInsp. Mendoza were able to talk to him.

At 7:30a.m., while respondents P03 Gavino and P02 Lopena were still preparing the documents for the turn over of Christian to " the police station for proper disposition, one Martin Robert A. Pedrosa, a friend of Christian, arrived and handed a driver's license in the name of one Christian Kalaw y Marasigan He was told that it was not the driver's license of Amado Christian Kalaw y Mayo. Christian explained that he uses two names and promised to return to the MPD to bring additional documents to support his claim that he had two names. He was warned that if he failed to return, the case for Illegal parking and Driving without License will be filed. Since Christian failed to return, the case was filed.

The Order to file Verified Position Paper dated October 9, 2008 "vas released. Respondents filed their Position Paper. Complainaht failed to submit a Position Paper after a considerable lapse of time. Thus, this case is now submitted for decision.

At issue is whether or not respondents may be held administratively liable for forcing Christian to swallow a suspected "shabu", taking P3,000.00 from him, asking him to withdraw from his ATM machine and demanding P200,OOO.00 in exchange for his release from captivity.

To start, it is worth mentioning that while the case was indorsed to the Regional Internal Affairs Service, P /Dir.Gen. Geary

L. Barias, Regional Director, turned over on July 30, 2008, all the documents and pieces of evidence pertaining to the present case for(ti{

1 Records, p.46

3 .

,

OMB- P-A-08-06 70- H

Atty. Clarence V. Guinto vs. PjSlnsp. Rolando Mendoza, et al. . DEC I S ION . . . . . . . . . . . . . . . . . . . . . . . . . j page 4 of 6 j

. x-------------------------------------------------------------------------x

the conduct of appropriate administrative adjudication by this office".

Going on to the case, We believe the allegations of the victim.

Christian's credibility is bolstered by the fact that he is not acquainted with the respondents and he has no ill-feelings toward them to charge them of a serious offense. Settled is the doctrine that 'when there is no evidence to show any dubious reason or improper motive why a prosecution witness should testify falsely against the accused or implicate him in a serious offense the testimony deserved full faith and credit." If the lone testimony of the victim is credible, convincing and con sisvent with human nature and the normal course of things, it is competent to establish the guilt of the accused beyond reasonable dcubt.> We find the lone testimony of Christian credible on the ground that he would not concoct such a traumatic story against respondents if it were not true. He is a genuinely aggrieved party who only wants vindication for the injustice committed against him by respondents.

Moreover, we find the defenses of respondents highly unbelievable. The accommodation afforded to Christian by respondents casts doubt on their purpose of keeping him inside the station. It is not plausible that policemen who catch a traffic violator require him to return and show documents to absolve him from liability.

Respondents' acts constitute Grave Misconduct which warrants their dismissal from office. Misconduct implies a wrongful intention and not a mere error of judgment, corrupt, or inspired by an intention to violate the law or a persistent disregard of wellknown legal rules.> It can be deduced from respondents' acts that they wanted to extort money from Christian. Such acts violated the duty of the PNP to enforce the law and to prevent and control crimes as they are the perpetrators thereof.

WHEREFORE, it is respectfully recommended that respondents P/SINSP. ROLANDO DEL ROSARIO MENDOZA and P03 WILSON MATIC GAVINO of PRO-ARMM, Camp. Brig. Gen. Sa1ipada K. Pendatun, Parang, Shariff Kabun suan; P /INSP. NELSON URBANO LAGASCA, SPO! NESTOR REYES DAVID and P02 RODERICK SALVA LOPENA of Manila Police District, Headquarters, United Nations Avenue, Manila, be meted the penalty of DISMISSAL from the Service, pursuant to Section 52 (A),w/

t.

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.1 Letter dated.cluly :24,2008, Records, p.5 ~ People vs Degamo, 402 SCRA 133

;; People vs Macabnta, 41-+ SCRA 260 h Cacatian \'S Liwanag, -+ 17 SCRA'350

A'fIy. clarence sr. tiL mW:-vs'~~~_~;FITl"~-I'" "'U-'f~_..-::-::-:-~--------------r-~

DEC I S ION. . . . . . /page 5 of 6/

.>

/

Rule IV, Uniform Rules on Administrative Cases in the Civil / Service, with the accessory penalties of forfeiture of retiremenY benefits and perpetual disqualification from reemployment in the government service pursuant to Section 58, Rule IV of the same

Uniform Rules on Administrative Cases in the Civil Service, for

having committed GRAVE MISCONDUCT.

x---------------------.------------------------------- x

Let a copy of this Decision be furnished the Chief, Philippine National Police for its implementation.

SO ORDERED.

Quezon City, Philippines, February 16, 2009.

, ~ - ~tJ1Mv- _

REBECCA A. GUILLEN-UBANA

Graft Investigation and Prosecution Officer

I CONCUR:

EUL

.,

RECOMMEN

APPROVED jDISAPPROVED:

MA. MERCEDITAS N. GUTIERREZ Tanoclbayan (Ombudsman)

, 5

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