Case Summary (G.R. No. 257298)
Facts and Allegations
Norberto Gicole filed complaints for Murder, Grave Misconduct, and Conduct Unbecoming of a Public Officer against PO2 EspiAa and other PNP officers (PO1 Isaac Kirt Q. Sipin and PO3 Junie Lee Besas), alleging that EspiAa fatally shot his sons Emilio and Butch during a commotion outside a restobar. Witnesses testified that while attempting to pacify a fight, Emilio, who reportedly had a gun, was shot by EspiAa after the latter fired a warning shot and did not identify himself as a police officer. Butch tried to intervene but was also shot. Other witnesses helped Butch to a hospital where he later died; Emilio died on the spot.
Police Officers' Defense
The PNP officers stated they were conducting an operation against a particular target at the restobar. According to their counter-affidavits, EspiAa fired at Emilio after the latter aimed a gun at him. The officers asserted that EspiAa’s use of force was in self-defense, claiming Butch also attacked EspiAa, prompting the shooting. The officers denied conspiracy among themselves for the killings.
Ombudsman Resolution and Initial Proceedings
The Office of the Ombudsman - Military and Other Law Enforcement Offices (OMB-MOLEO) dismissed all criminal and administrative charges against EspiAa and his co-respondents, citing jurisdictional issues and a failure by Norberto to overcome the presumption of regularity in the officers’ performance of duty. Norberto’s motion for reconsideration was denied, prompting his petition for certiorari with the Court of Appeals (CA).
Court of Appeals Ruling
The CA dismissed the criminal petition for lack of jurisdiction but partially granted the petition on administrative grounds. The CA found EspiAa guilty of Grave Misconduct and Conduct Unbecoming of a Police Officer, ordering his dismissal from the service while dismissing charges against the other officers for lack of evidence of their involvement. The CA emphasized that EspiAa’s firing of a warning shot without identifying himself, his excessive use of force especially on the unarmed Butch, and failure to follow PNP operational protocols warranted his dismissal.
Grounds for CA’s Decision
The CA pointed out EspiAa’s flagrant disregard for PNP Operational Procedures, which forbid warning shots and require verbal warnings and proper identification before use of force. The commotion’s nature was not sufficiently dangerous to justify immediate lethal force. The court underscored that police officers are authorized to use force only as a last resort under necessary and reasonable circumstances, which were absent here. EspiAa’s actions were characterized as excessive, disproportionate, and constituting overkill. His self-defense argument was rejected.
Legal Standard on Misconduct and Grounds for Dismissal
Misconduct is an intentional wrongdoing or deliberate violation of the law or standards, classified as simple or grave. Grave misconduct involves willful or intentional neglect or violation of established rules with a clear intent to violate the law, warranting dismissal. Conduct Unbecoming of a Police Officer involves behavior that dishonors or disgraces the officer, seriously compromising his standing and character, either in official or private capacity.
Supreme Court’s Analysis on Use of Force and Police Responsibility
The Supreme Court affirmed that police officers must adhere to rules of engagement and exercise discretion within reasonable limits. The use of force must be justified, necessary, and always a last resort. The Court emphasized tha
...continue readingCase Syllabus (G.R. No. 257298)
Background and Parties
- Petitioner: PO2 Reny D. EspiAa, a police officer of the Philippine National Police (PNP).
- Respondent: Norberto P. Gicole, whose sons, Emilio and Butch Gicole, were killed in an incident involving EspiAa.
- The case arises from the deaths of Emilio and Butch Gicole on November 25, 2016, during a commotion outside Harakhak Restobar in Wao, Lanao del Sur.
- Norberto filed complaints for Murder, Grave Misconduct, and Conduct Unbecoming of a Public Officer against EspiAa and two other PNP officers, PO1 Isaac Kirt Q. Sipin and PO3 Junie Lee Besas.
Factual Antecedents
- Emilio Gicole attempted to pacify two groups about to fight outside the restobar; he possessed a gun during the intervention.
- EspiAa, in civilian clothes and without identifying as a police officer, fired a warning shot, then shot Emilio multiple times (witnesses differed on the number of shots but post mortem showed one fatal shot).
- Butch Gicole rushed to aid Emilio; EspiAa shot Butch fatally as he was about to attack.
- PO1 Sipin initially confronted but released a witness, while PO3 Besas observed the incident and later attempted to stop persons rushing to the scene.
- Norberto's sons died either immediately (Emilio) or on the way to the hospital (Butch).
- EspiAa and his colleagues claimed they were conducting a planned operation against a target and that the shooting was in response to perceived threats, maintaining self-defense.
Proceedings Before the Office of the Ombudsman (Ombudsman) and Initial Findings
- The Office of the Ombudsman – Military and Other Law Enforcement Offices (OMB-MOLEO) dismissed all criminal and administrative charges against the police officers.
- Criminal charges were dismissed due to the Office of the Provincial Prosecutor already having jurisdiction over the matters.
- Administrative charges were dismissed on the ground that the police officers “reacted as trained police officers should” and the complainant failed to rebut the presumption of regularity in the officers’ performance of official duties.
- Norberto’s motion for reconsideration was denied.
Petition for Certiorari Before the Court of Appeals (CA)
- Norberto filed a petition to assail the OMB-MOLEO’s dismissal of charges.
- The CA dismissed the petition on criminal aspects for lack of jurisdiction but partially granted it on administrative aspects.
- The CA affirmed dismissal of charges against Sipin and Besas due to lack of evidence implicating their involvement.
- The CA found EspiAa guilty of Grave Misconduct and Conduct Unbecoming of a Police Officer and ordered his dismissal from service.
CA’s Findings on EspiAa’s Liability for Grave Misconduct
- The commotion was caused by two groups about to fight, and neither Emilio nor Butch was directly involved initially.
- EspiAa fired a warning shot in civilian clothes without identifying himself as police.
- The level and nature of the commotion were not sufficiently described to justify the use of force.
- EspiAa’s use of force was excessive and irregular, including firing at unarmed