Case Digest (G.R. No. 260148)
Facts:
In Herminio A. Besmonte v. National Police Commission–National Capital Region (NAPOLCOM-NCR), decided on April 3, 2024, petitioner Herminio A. Besmonte, then a Police Officer 2 assigned to the Las Piñas City Drug Enforcement Unit, challenges the dismissal handed down by the Court of Appeals (CA) in CA-G.R. SP No. 161581. The controversy originated from an April 11, 2003 buy-bust operation at Factor Compound, Almanza Uno, Las Piñas City, conducted by Besmonte, PO2 Gil Anos, and PO2 Junnifer Tuldanes. According to their joint narration, they arrested suspect Evangeline Abenojar after a PHP 100.00 marked-money transaction for shabu, during which Besmonte introduced himself as a police officer and used force to restrain her when she resisted. Abenojar, however, accused the officers of extortion and physical abuse, presenting a medical certificate showing swelling and tenderness on her left cheek and right inguinal area. NAPOLCOM-NCR investigated and, in its March 9, 2011 Decision, eCase Digest (G.R. No. 260148)
Facts:
- Buy-Bust Operation and Arrest
- On April 11, 2003 at around 10:30 p.m., PO2 Herminio A. Besmonte (poseur-buyer), PO2 Gil Anos, and PO2 Junnifer Tuldanes conducted a buy-bust at Factor Compound, Almanza Uno, Las Piñas City, based on a confidential informant tip that Evangeline Abenojar was illegally peddling shabu.
- According to the police team, Abenojar sold PHP 100 marked money worth of suspected shabu, resisted arrest, kicked and cursed, and was subdued after reasonable force was used.
- Allegations of Abuse
- Abenojar claimed that at around 9:30 p.m., three plain-clothes officers accosted her, demanded money, and, upon her refusal, physically assaulted her—punching her face and kicking her knee—before taking her to a vacant lot for further violence.
- She presented a medical certificate dated April 14, 2003 noting swelling and tenderness on her left cheek and right groin.
- Administrative Proceedings
- Abenojar filed a complaint before NAPOLCOM; the Commission charged Besmonte, Anos, and Tuldanes with grave misconduct for unlawful arrest, assault, threats, and deprivation of liberty.
- NAPOLCOM Decision (March 9, 2011): Exonerated Anos and Tuldanes; found Besmonte guilty of grave misconduct but imposed a one-rank demotion. Motion for reconsideration denied (May 16, 2017).
- CSC Decision No. 180629 (November 22, 2018): Dismissed Besmonte’s appeal, affirmed guilt for grave misconduct, modified penalty to dismissal with accessory penalties. Motion for reconsideration denied (June 18, 2019).
- Court of Appeals Decision (October 29, 2021): Dismissed Besmonte’s Rule 43 petition, affirmed CSC; Resolution (March 28, 2022) denied reconsideration.
- Besmonte filed a petition for review on certiorari under Rule 45 before the Supreme Court.
Issues:
- Whether the Court of Appeals erred in affirming Besmonte’s liability for grave misconduct and the penalty of dismissal from the service and its accessory penalties.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)