By Dolly Yasa
BACOLOD City – For Moises Padilla Mayor Ella Garcia-Yulo the dismissal of six police officers who arrested her and her husband in a checkpoint proved that the charges against them were “trumped-up.”
The National Police Commission dismissed six Negrense cops involved in the arrest of the Yulo couple for grave misconduct and grave irregularities in the performance of duty.
The couple were apprehended at a checkpoint in Moises Padilla, Negros Occidental more than four years ago for alleged illegal possession of firearms, explosives and drugs.
“I am thankful, now it is clear to everybody that what the policemen charged us are baseless, we were just framed,” Yulo told Daily Guardian.
The 13-page Napolcom order dated October 20, 2020, which was signed by its chairman and Interior and Local Government Secretary Eduardo Año, said the “Commission finds respondents 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 culpable for grave misconduct and grave irregularity in the performance of duty.
They were meted the maximum penalty of dismissal from service, in view of the aggravating circumstance of being found guilty of two more charges or counts.
“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 likewise imposed,” the Napolcom order stated.
Reloj has retired from the PNP, thus he is not covered by the dismissal, but he is still covered by the accessory penalties like forfeiture of benefits.
The dismissal of six policemen 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, at Brgy. 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 organizations 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 items seized from the vehicle of the complainants were 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.
The Napolcom also cited that the testimonies of 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 Commission ruled 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.”
