Case Digest (G.R. No. 260148)
Facts:
Herminio A. Besmonte v. National Police Commission‑National Capital Region (NAPOLCOM‑NCR), G.R. No. 260148, April 03, 2024, Supreme Court Third Division, Gaerlan, J., writing for the Court. Petitioner Herminio A. Besmonte (then PO2, later SPO3) was one of three police officers who conducted a buy‑bust operation on April 11, 2003 in Las Piñas City aimed at apprehending Evangeline Abenojar. Besmonte, as the designated poseur‑buyer, and backup officers PO2 Gil Anos and PO2 Junnifer Tuldanes gave a joint account that Abenojar sold a plastic sheet containing suspected shabu in exchange for marked money, resisted arrest, and was subdued. Abenojar, in contrast, alleged extortion and physical abuse by the officers and produced a Medical Certificate by Dr. Ferdinand C. Eusebio dated April 14, 2003 documenting swelling and tenderness of the left zygomatic area and right inguinal area.Abenojar filed a handwritten complaint with NAPOLCOM (complaint dated March 3, 2004). The NAPOLCOM Regional Investigation Unit charged the three officers with Grave Misconduct. In its Decision dated March 9, 2011, the NAPOLCOM found Besmonte guilty of Grave Misconduct but imposed only one‑rank demotion, while exonerating PO2 Anos and PO2 Tuldanes; its May 16, 2017 Resolution denied reconsideration.
Besmonte appealed to the Civil Service Commission (CSC) under Rule 12, RRACS. The CSC, in Decision No. 180629 dated November 22, 2018, reversed the penalty to dismissal from the service with accessory penalties, finding that Besmonte used excessive force and rejecting the unsigned/initialed Temporary Medical Certificate by Dr. Myrna O. Ferrer as not properly offered before NAPOLCOM; the CSC denied reconsideration in Resolution No. 1900696 dated June 18, 2019.
Besmonte filed a Rule 43 Petition for Review with the Court of Appeals (CA). In its Decision dated October 29, 2021 (CA‑G.R. SP No. 161581), the CA affirmed the CSC’s findings ...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming the finding of Grave Misconduct against petitioner Herminio A. Besmonte?
- If liability is established, was the penalty of dismissal from the service with accessory penal...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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