THE Office of the Ombudsman ordered the dismissal of two police official for grave misconduct in connection with a supposed robbery-extortion incident in 2014 against a jeepney association in Cagayan de Oro City.
In an order dated December 27, 2016 and penned by Lyn Llamasares, Graft Investigation and Prosecution III, Police Superintendent Michael John Deloso and Senior Police Office 3 Ernesto Galleto were booted out from service and meted with forfeiture of retirement benefits, cancellation of eligibility and perpetual disqualification for reemployment in the government service.
The Ombudsman found both Deloso and Galleto guilty of grave misconduct and indicted the two for violation of the Anti-Graft and Corrupt Practices Act or Republic Act 3019.
“The complainant was able to adduce sufficient evidence to hold the respondents criminally and administratively liable for unlawfully demanding protection money from complainant in exchange for respondent's non-interference in the operations of XHJODAI (Xavier Heights Jeepney Operators and Drivers Association Inc.),” the Ombudsman decision said.
The administrative and criminal charges were filed by lawyer Ernie Palanan, the then president of XHJODAI on April 22, 2014 before the Office of the Ombudsman.
Palanan claimed Deloso, who was the then chief of the traffic unit of the Cagayan de Oro City Police Office (Cocpo), demanded P6,000 monthly as “protection money” from the association.
The association agreed to give the said amount to Galleto, Deloso's supposed “bag man,” from December 2013 to February 2014 to avoid harassment.
But when the association failed to remit the demanded “protection money” on time, Deloso allegedly arrested Resty Barce, a member of the association, and issued a citation for traffic violation.
The association sought help from the National Bureau of Investigation in Northern Mindanao and an entrapment operation was conducted on March 17, 2014, which resulted to the arrest of the two policemen.
Palanan filed robbery extortion against Deloso and Galleto but the City Prosecutor's Office downgraded the charges into direct bribery.
On June 17, 2016, the Regional Trial Court Branch 23 dismissed the case for lack of interest on the part of the complainant and non appearance of the parties.
The Ombudsman ordered the Philippine National Police and the Department of Interior and Local Government to implement the decision.
Palanan said Deloso and Galleto will have to secure a temporary restraining order (TRO) within five days to prevent the implementation of the order.
“Ila nang remedy pero (That’s their remedy but) I’m hoping dili sila kakuha og TRO kay ang (they can’t get TRO since the) decision sa (of) Ombudsman is executory pending appeal man,” Palanan said.
Palanan, who is now the provincial supervisor of the Commission on Elections (Comelec) of Surigao del Sur, said he is happy with the Ombudsman decision.
"Na-discourage ko anang kaso sa local kay imbes nga klaro nga robbery-extortion ang kaso kay naay intimidation gi-downgrade sa fiscals office sa direct bribery (I was discourage, the case is clearly robbery-extortion since there was in intimidation but the fiscals office downgraded it into direct bribery)," Palanan said.
"Nasunog ang hall of justice ug nawad-an ko gana kay grabe ang impluwensya ni Deloso busa gipasagdan ko na lang ug nag-focus ko sa Ombudsman nga kaso (The hall of justice caught on fire and I was discourage bythe great influence of Deloso, so I focused on Ombudsman’s case)," Palanan added.
Superintendent Lemuel Gonda, spokesperson of the Police Regional Office in Northern Mindanao said they have yet to receive a copy of the order from the national headquarters.
He said Deloso has been in floating status and has been made to report to the Regional Personnel Holding Administrative Office, a branch under the Regional Headquarters Service Group, while Galleto was detailed as base police inside Camp Alagar.
Gonda said once they received the implementing order from Camp Crame, Deloso and Galleto will be dismissed from service even if they to appeal the case.
"Matanggal gihapon sila while nag-appeal sila sa kaso (They will still be dismissed while they to appeal the case)," Gonda said.
