Jenny Zacarias vs.

National Police Commission and Chief of Philippines

National Police
G.R. No. 119847. October 24, 2003

FACTS:

On November 5, 1991, Chief Inspector Ruben Zacarias issued an order assigning Jenny

Zacarias to be on duty at the Office of the Special Team, also of the Anti-Kidnapping Task

Force. The detained were Alfredo Joey de Leon, charged with kidnapping with ransom

cases, and Nicanor Attractivo who was charged with robbery and homicide. On November 8,

1991, the two detainees escaped while in the custody of the petitioner. Jenny Zacarias was

administratively charged with neglect of duty, inefficiency and incompetence in the performance

of duties. On December 4, 1991, the Chief of the PNP, acting upon the Inspector Generals

recommendation, rendered a decision dismissing summarily from the service Jenny Zacarias.

Petitioner then filed with the Court of Appeals a petition for certiorari but was denied.

ISSUE:

1. W/N Jenny Zacarias should be dismissed due to neglect of duty, inefficiency and

incompetence in the performance of duty which constitutes Grave Misconduct.

RULING:

2. Yes. The court upheld the decision of the Court of Appeals and stated that Jenny Zacarias

should be removed from office. The court stated that there was an evident neglect of duty on the

part of the petitioner, thus, it was the petitioners fault that the prisoners were able to escape.