Six Negrense policemen involved in the arrest of Mayor Ella Garcia Yulo and her husband at a checkpoint in Moises Padilla, Negros Occidental, more than three years ago, for alleged illegal possession of firearms, explosives and drugs, were dismissed from the National Police Commission.
Dismissed from service for grave misconduct and grave irregularities in the performance of duty were Police Capt. Allan Javelosa Reloj, PMSgt. Ricardo Campos Dingcong, PCpl. Nobel Lodrico Perante, PCpl.Felix Corejado Pesales Jr, Patrolman Michael Eboseo Mondido and Patrolman Darryl Dacay Dormido.
In the 13-page Napolcom order, signed by its chairman Interior and Local Government Secretary Eduardo Año, the six policemen were found culpable for grave misconduct and grave irregularity in the performance of duty and meted the maximum penalty of dismissal from service.
Accordingly, the accessory penalties of cancellation of their police eligibilities, forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification from holding public office, are also imposed, the Napolcom order states.
The dismissal of the six cops stemmed from the complaints filed by Yulo, then vice mayor of Moises Padilla, and her husband Felix Mathias Segundo Feria Yulo III, who accused them of conducting an illegal checkpoint, performing an unlawful arrest and illegal search and seizure on their vehicle in Dec. 19, 2017, along the road of Barangay Crossing Magallon, Moises Padilla.
The Napolcom said “it was established, based on records, that the area where the checkpoint was placed, was not well-lighted, and that no signage bearing the name of the PNP unit, and the participating organization were visibly displayed”.
“The search performed by respondents upon complainants was unlawful because, aside from the PNP POP violations they committed, the former failed to prove that the area where the checkpoint was placed, was within their immediate control,” the Napolcom order said.
More so, the items seized from the vehicle of the complainants are inadmissible as evidence because they were products of an illegal warrantless search and seizure, otherwise known as the exclusionary rule, or the fruit of the poisonous tree doctrine,” it added.
On the other hand, the testimonies of the complainants and their witnesses were clear and straightforward, narrating in detail the act done by respondents, thus accorded greater weight as opposed to the defense of alibi and denial of respondents, the Napolcom said.
“From the foregoing facts and pieces of evidence presented, the Commission rules that the prosecution was able to prove by substantial evidence the culpability of the respondents, who all acted in conspiracy in conducting the illegal/ improper checkpoint upon complainants’ vehicle and the seizure of complainant’s properties, the order added. – GB
