CA: Nothing irregular in Napolcom suspension order vs 6 QC policemen

The Court of Appeals has thrown out the petition of six Quezon City policemen questioning the legality of the suspension order handed down on them by the National Police Commission (Napolcom) in connection with their investigation of the death of broadcaster Ted Failon’s wife.

In upholding the Napolcom order, the appellate court said that the police body did not violate its existing policies when it suspended Supt. Franklin Moises Mabanag and five more policemen for six months.

“The conclusion of the Napolcom was substantiated by positive and compelling evidence. There is no reason for us to digress therefrom,” the court said in junking Mabanag’s petition for certiorari.

Associate Justice Japar Dimaampao authored the court decision dated Sept. 30, with Associate Justices Jane Aurora Lantion and Danton Bueser concurring in.

Then chief of the Criminal Investigation and Detection Unit (CIDU) of the Quezon City Police District (QCPD), Mabanang led the warrantless arrest of Failon’s sister-in-law Pamela Arteche-Trinchera and his four housemaids for obstruction of justice.

The arrests were made a day after the body of Failon’s wife, Trina Etong, was found inside their house on Apr. 15, 2009, with a gunshot wound in the head. Authorities later ruled Etong’s death as a suicide.

The court also affirmed the Napolcom findings that Mabanag and his men failed to prove their claim that they informed Trinchera et al of their rights before they were arrested as required by the Miranda Doctrine.

“We consider the police as guardians of the people tasked with the solemn duty of protecting our rights,” the court said, adding:

“It is disheartening, if not, alarming, to hear of members of the PNP (Philippine National Police) who oppress and trample upon the people’s revered rights. Along this vein, we resonate the edifying enunciation of the Napolcom.”

Aside from Mabanag, then Napolcom chair and Interior Secretary Ronaldo Puno ordered the suspension of Supt. Gerardo Ratuita, Chief Inspectors Cherry Lou Donato and Enrico Figueroa, Senior Insp. Roberto Razon and Insp. Erlinda Garcia for grave misconduct.