POLICE Superintendent Michael John Deloso, one of the two Cagayan de Oro police officers recently dismissed by the Office of the Ombudsman for grave misconduct, refused to go down without giving a fight.
The former chief of the traffic unit of the Cagayan de Oro City Police Office (Cocpo), who was booted out from service along with his supposed “bag man” Police Officer 3 Ernesto Galleto, is seeking for a restraining order to prevent the implementation of the dismissal order.
Lawyer Dale Mordeno, Deloso's legal counsel, said his client has yet to receive a copy of the Ombudsman’s order.
“We will seek a restraining order so that the implementation of the order will be held in abeyance,” said Deloso’s legal counsel, lawyer Dale Mordeno.
Mordeno, however, said his client has yet to receive a copy from the Ombudsman regarding the dismissal order.
The Ombudsman on its December 27, 2016 decision, ordered the dismissal from service of Deloso and Galleto for grave misconduct and indicted the two for violation of the Anti-Graft and Corrupt Practices Act (Republic Act 3019).
The two cops were also meted with forfeiture of retirement benefits, cancellation of eligibility and perpetual disqualification for reemployment in the government service.
Deloso and Galleto were charged for the alleged extortion activities against the association of the Xavier Heights-route drivers and operators in 2014.
The complainant Ernie Palanan, who was then the association’s president, asserted that the group has been giving a monthly “protection money” of P6,000 upon Deloso’s request.
In one instance, however, when the said amount was not given on time, one of the association member was arrested and cited for traffic violation.
The two law enforcers were arrested in a joint entrapment operation by the police and National Bureau of Investigation-Northern Mindanao last March 17, 2014.
Mordeno said they would challenge the decision before the Court of Appeals (CA) for having been issued with grave abuse of discretion.
Mordeno claimed that while Deloso is facing administrative charges for grave misconduct before the Philippine National Police (PNP), similar cases were filed and heard before the Ombudsman, which he said constitutes a forum shopping.
“He (Deloso) was obviously surprised about the development of the case, assuming it is true, because he is also facing administrative charges before the PNP. This is clearly a case of forum shopping which is legally proscribed,” Mordeno said.
Mordeno said lawyers are not allowed to resort to forum shopping to avoid disorderly proceedings.
He said Deloso will assert his right and will run after the erring lawyer by filing a disbarment proceeding against him before the Supreme Court.
For his part, Palanan said he will let the proper forum decide on the said legal issues.
“Ila nang opinyon ug katungod ato nang girespeto. We will let the court to decide sa nasangpit nga mga issues,” Palanan said.
Palanan said should the two policemen fail to secure a restraining order within five days upon receipt, he will ask the PNP and the Interior department to implement the order.
