Title
Ines vs. Pangandaman
Case
G.R. No. 224345
Decision Date
Sep 2, 2020
Police officers arrested and detained respondent, demanding P300,000 for release. Ombudsman and CA found petitioner guilty of grave misconduct; SC affirmed, citing illegal arrest, extortion, and due process violations.
police officer
dismissed from service
grave misconduct
A

Case Digest (G.R. No. 224345)

Facts:

# Arrest and Detention

On January 11, 2010, at around 9:30 p.m., Muhad M. Pangandaman (respondent) was arrested by several policemen, including PO3 Jerry Ines (petitioner), for allegedly violating the gun ban. He was taken to Police Station 6, Batasan Hills, Quezon City, where he was detained. The police officers demanded P200,000.00 for his release. After the initial payment, they demanded an additional P100,000.00, which was paid before respondent was released.

# Witnesses and Affidavits

Respondent’s relatives, Diamungan M. Pangandaman and Mampao D. Rasul, witnessed the arrest and sought help from Mangorsi Ampaso, who paid the initial amount to SPO2 Dante Nagera. Respondent executed a Sinumpaang Salaysay on January 16, 2010, corroborated by affidavits from Diamungan and Mampao. In a subsequent Karagdagang Sinumpaang Salaysay dated February 24, 2010, respondent named petitioner and other officers involved in the arrest.

# Administrative and Criminal Cases

Two cases were filed against petitioner and his team: (1) an administrative case for grave misconduct, and (2) criminal cases for robbery extortion, unlawful arrest, arbitrary detention, and violation of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).

# Ombudsman’s Ruling

The Ombudsman found petitioner and his team guilty of grave misconduct and recommended their dismissal from service. The Ombudsman also found probable cause for the criminal charges.

# CA’s Ruling

The Court of Appeals (CA) affirmed the Ombudsman’s decision, ruling that petitioner’s participation in the illegal arrest constituted grave misconduct. The CA also rejected petitioner’s claim that respondent was a fictitious person and dismissed the argument that the Ombudsman failed to conduct a clarificatory hearing.

Issues:

  • Whether the CA was correct in denying the petition on the ground that it raised an issue for the first time on appeal.
  • Whether the CA Decision in the Mendoza Case constitutes res judicata.
  • Whether the CA committed a reversible error in finding petitioner guilty of grave misconduct.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court affirmed the CA’s decision, finding petitioner guilty of grave misconduct and ordering his dismissal from service with all accessory penalties.
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