Case Summary (G.R. No. 129914)
Facts of the Case
The pivotal incident occurred on March 3, 1993, when a newspaper article accused Bernabe of leading a syndicate that encashed treasury warrants of deceased or absent personnel from the Philippine Constabulary (PC) and the Integrated National Police (INP). The article prompted President Fidel V. Ramos to instruct an investigation into Bernabe’s activities. Consequently, the Secretary of the Interior referred the case to the PNP, which initiated an investigation through the Criminal Investigation Service Command (CISC).
Investigation and Allegations
Upon his notification of the allegations, Bernabe was ordered to submit an affidavit explaining his side. He contended in his affidavit that most of the allegations were either dismissed or still pending resolution, except for one pending case involving seven treasury warrants. Detailed investigations revealed Bernabe was previously charged with multiple counts of estafa through falsification of documents related to encashing treasury warrants from personnel classified as AWOL or deceased. This led to a suspension of Bernabe from police service, followed by formal charges against him.
Summary Dismissal Proceedings
On April 26, 1993, a Summary Dismissal Hearing Officer recommended Bernabe’s dismissal, which was subsequently concurred by the PNP Inspector General. On July 20, 1993, the Chief of the PNP formally dismissed Bernabe, citing extensive evidence of his involvement in financial misconduct and the acquisition of unexplained wealth.
Appeal to NAPOLCOM
Bernabe appealed his dismissal to the NAPOLCOM’s National Appellate Board, which later affirmed his dismissal in October 1994. In response to another motion for reconsideration, the Board maintained its decision in February 1995. Bernabe subsequently filed a petition for review with the Court of Appeals challenging his dismissal based on allegations of lack of due process and questioning the constitutionality of the law under which he was dismissed.
Court of Appeals’ Decision
The Court of Appeals, on March 13, 1997, ruled in favor of Bernabe regarding the due process issue, asserting that the dismissal proceedings failed to comply with the legal requirements. The court upheld the constitutionality of the relevant statute but set aside the decision of the National Appellate Board, ordered Bernabe’s reinstatement, and mandated the PNP to settle the withheld salary and allowances.
Supreme Court Decision
The petitioners challenged the Court of Appeals' ruling to the Supreme Court, asserting that their procedures
...continue readingCase Syllabus (G.R. No. 129914)
Case Citation
- G.R. No. 129914, May 12, 2000
Court & Division
- First Division of the Supreme Court of the Philippines
Justices Involved
- Decision by Justice Pardo
Case Overview
- The case involves an appeal from the decision of the Court of Appeals which set aside the National Appellate Board's ruling affirming the summary dismissal of Police Chief Inspector Leonardo W. Bernabe from the Philippine National Police for grave misconduct and conduct unbecoming of a police officer.
Background Facts
- On March 3, 1993, a newspaper article accused Bernabe of leading a syndicate that encashed treasury warrants from deceased or inactive police personnel.
- President Fidel V. Ramos instructed the Secretary of the Interior and Local Government to investigate Bernabe.
- The investigation was referred to the PNP Director General, who ordered the Criminal Investigation Service Command (CISC) to conduct the inquiry.
- Bernabe was notified of the allegations and ordered to submit an affidavit explaining his side.
- Bernabe submitted his affidavit on March 5, 1993, claiming many charges were either dismissed or pending resolution, except for one case involving seven treasury warrants.
Investigation and Charges
- On March 18, 1993, a memorandum from the CICS Director detailed past charges against Bernabe involving 376