CEBU, Philippines - Detained police officer SPO1 Adonis Dumpit underwent a PNP-mandated physical fitness test after clearance from the court despite opposition from prosecutors of his murder case.
Judge Ester Veloso of Regional Trial Court Branch 6, said Dumpit has “amply proven to the court that as a police officer he is required to undergo a physical fitness test.” Veloso allowed Dumpit to undergo the test provided he was properly escorted and returned back to his detention cell thereafter.
Dumpit underwent the test yesterday morning at the Cebu City Sports Complex.
Prosecutors earlier said Dumpit should not be made to leave his detention cell because the case he is facing is non-bailable. They also asked the court to junk Dumpit’s motion because there was no direct order from the PNP for Dumpit to undergo the test.
“The clear import of the law relative to his incarceration cannot be overcome by the requirement of the PNP for an annual physical test since the inability of the accused to attend the same is justified under the circumstances,” prosecutors said.
They also described as “vague and insufficient” the radiogram indicating the schedule of the physical fitness test, which Dumpit’s lawyer, Pedro Leslie Salva, submitted to court.
Prosecutors had also questioned Salva’s assurance that four policemen have volunteered to escort Dumpit during the examination, considering that they would also be undergoing the exam.
They argued the “supposed escorts have not expressed their willingness to perform the duties of a jailer nor have they been designated as such by higher authority.”
Citing RA 8551 or the Philippine National Police Reform and Reorganization Act of 1998, prosecutors said the court shall immediately suspend the accused from office for a period not exceeding 90 days from the arraignment. Because of this, Dumpit should not be allowed to undergo the test.
Still, the court granted Dumpit’s motion.
Dumpit is facing charges for allegedly killing suspected robber Ronron Go in 2004.