Court convicts cop of bribery, acquits another

CEBU, Philippines – The Regional Trial Court (RTC) convicts a policeman for bribery and acquits another in a promulgation yesterday.

Judge Eric Menchavez of Branch 21 found SPO1 Fernando Velarde guilty beyond reasonable doubt and sentenced him to imprisonment of six months to four years and two months.

Velarde is also made to pay a fine of P40,000.

Moreover, Menchavez imposed on Velarde the penalty of "temporary special disqualification," which means Velarde cannot vote in any election or seek public office while serving his penalty.

On the other hand, Menchavez acquitted PO1 Francisco Macalino for lack of proof. The judge also ordered to release the P25,000-bail bond posted by Macalino.

In a yet another case Velarde and Macalino were facing, Menchavez acquitted them for the case of anti-graft and corrupt practices for lack of evidence.

Their cases stemmed from an incident on April 23, 2007.

Velarde and Macalino were assigned at the Waterfront Police Sub-Station with the other accused in the same cases, PO1 Ryan Gerosa, who is still at large.

The three allegedly helped each other and asked P20,000 from Josie Vergara, mother of Fatima Vergara whom they was arrested and detained for selling illegal drugs.

The three, in return for the P20,000, promised to facilitate the release of her daughter from jail.

During the arraignment, Velarde and Macalino pleaded not guilty. The prosecution, however, presented five witnesses.

The prosecution said that after the police officers demanded money from Vergara, she sought assistance from the National Bureau of Investigation. This resulted in the arrest of Velarde and Macalino.

Macalino claimed that he was only asked to accompany Velarde in assisting a person in putting up bail. He said he did not know of Velarde's plan. He just went along with Velarde to the meeting place agreed by both parties.

Velarde also denied the accusation.   But Menchavez said Velarde's testimony was not supported by facts. The judge pointed out that the charge against Fatima was non-bailable but was asked P20,000 supposedly as bail bond.

Menchavez said Macalino's participation was merely to accompany Velarde as he was instructed to do so. Being a rookie policeman, Macalino complied.

Velarde will file a motion for reconsideration. (FREEMAN)