Case Digest (G.R. No. 129914)
Facts:
National Police Commission (NAPOLCOM) National Appellate Board (Second Division) and Philippine National Police (PNP) v. Police Chief Inspector Leonardo Bernabe, G.R. No. 129914, May 12, 2000, First Division, Pardo, J., writing for the Court.Petitioners are the National Police Commission (NAPOLCOM) National Appellate Board (Second Division) and the Philippine National Police (PNP); respondent is Police Chief Inspector Leonardo W. Bernabe. The dispute arose from administrative and criminal allegations that respondent headed a payroll syndicate that encashed treasury warrants (TWs) of deceased, AWOL, suspended or separated personnel.
On March 3, 1993, a newspaper article alleged respondent’s leadership of the syndicate. The same day President Fidel V. Ramos asked the Secretary of the Interior and Local Government to investigate; the Secretary referred the matter to the PNP Director General, who ordered the Criminal Investigation Service Command (CISC) to investigate. Respondent was informed and ordered to explain; on March 5, 1993 he submitted an affidavit answering the allegations. A CISC memorandum of March 18, 1993 recounted prior criminal and administrative charges against respondent involving hundreds of TWs, pending matters before the Ombudsman and the Sandiganbayan, and allegations of unexplained wealth and falsified academic records.
By command of the Police Deputy Director General, respondent was suspended for 90 days effective April 23, 1993; he received a formal notice of complaint and was ordered to answer. He filed a motion for bill of particulars on March 31, 1993; CISC replied that the complaint sufficiently apprised him of the charges. On April 26, 1993 the Summary Dismissal Hearing Officer recommended dismissal, and the PNP Inspector General concurred on July 13, 1993. On July 20, 1993 the Chief, PNP ordered respondent’s summary dismissal, detailing the alleged syndicate activities, the criminal and administrative cases, and respondent’s purported unexplained assets.
Respondent appealed to the NAPOLCOM National Appellate Board (Second Division) on August 30, 1993. On October 18, 1994 the Board affirmed the Chief, PNP’s summary dismissal. His motion for reconsideration was denied on February 28, 1995. On July 31, 1995 respondent filed a petition for review with the Court of Appeals. On March 13, 1997 the Court of Appeals set aside the Appellate Board’s decision, holding that respondent was denied due process and ordering reinstatement and payment of withheld salary, and remanding for compliance with the Summary Dismissal Proceedings provided in NAPOLCOM Memorandum Circular No. 92-006. The Court of Appeals upheld the constitutionality of Section 42, R.A. 6975 but found procedure wanting. The Court of Appeals denied reconsideration on July 11, 1997.
Petitioners filed a petition for review on certiorari in this Court (Rule 45) challenging the Court ...(Subscriber-Only)
Issues:
- Was respondent denied due process in the summary dismissal proceedings such that the Court of Appeals correctly set aside the decision of the National Appellate Board and ordered reinstatement?
- If due process was not denied, should the Court of Appeals’ order setting aside the Appellate Board decision and ordering re...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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