Case Digest (G.R. No. 159588)
Facts:
P/Chief Superintendent Roberto L. Calinisan, Regional Director, Police Regional Office III, Camp Olivas, San Fernando, Pampanga, and P/Chief Superintendent Reynaldo M. Acop, Directorate for Personnel and Records Management, National Headquarters, Philippine National Police, Camp Crame, Quezon City, v. SPO2 Reynaldo Roaquin y Laderas, G.R. No. 159588, September 15, 2010, Supreme Court Second Division, Abad, J., writing for the Court.Respondent Reynaldo Roaquin was a long‑service member of the Philippine Constabulary who was absorbed by the PNP on January 2, 1991 under R.A. No. 6975, receiving the rank of Senior Police Officer II. On April 11, 1991 an information for murder was filed against him before the Regional Trial Court (RTC) of Olongapo City (Criminal Case No. 216‑91); he was detained by the PNP and in jail pending criminal proceedings.
While under detention, the PNP Regional Command issued Special Order No. 74 on June 20, 1991 discharging Roaquin from the service purportedly under AFP Circular 17 (October 2, 1987), although no administrative complaint appears in the record. Roaquin was admitted to bail on June 8, 1994 and on August 11, 1998 the RTC acquitted him, finding he acted in complete self‑defense.
After acquittal Roaquin sought reinstatement. On November 23, 1998 P/Chief Superintendent Roberto Calinisan reinstated him, invoking Section 48 of R.A. No. 6975. Subsequently, on January 18, 2000 P/Chief Superintendent Reynaldo Acop directed nullification of that reinstatement, asserting that Section 45 of R.A. No. 6975 as implemented by National Police Commission Memorandum Circular 96‑010 applied and that Roaquin had failed to file a motion for reconsideration within ten days. Calinisan issued Special Order No. 102 nullifying the reinstatement; Roaquin’s administrative requests for relief were denied with advice to seek judicial remedy.
On March 31, 2000 Roaquin filed a petition for certiorari and mandamus before the RTC of Olongapo City. The RTC, after submission of memoranda, ordered reinstatement on November 20, 2...(Pro-only)
Issues:
- Did the Court of Appeals correctly dismiss the petitioners’ appeal for lack of jurisdiction?
- Is respondent Roaquin entitled to reinstatement in the PNP with back salaries, allowances, and other benefits after h...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)