Cop charged for “usurping power”

CEBU, Philippines - A retired policeman is facing charges before the Cebu Provincial Prosecutor’s Office for usurpation of authority.

Marlon Sarmiento, a resident of Maracas, Barangay Lahug, Cebu City, alleged that retired Police Senior Superintendent Jesus Gaquing, Sr., the former group director of the Regional Mobile Group-7, signed a Special Order 01-02 dropping him from the roster of the Philippine National Police.

He said the action of  Gaquing signing the Dropped From Rolls  order  violates the law since the retired cop  allegedly performed an act which could only be done by his superior police officials.

“Under National Police Commission Memorandum Circular No. 2007-001, Gaquing has no authority to issue/sign Dropped from Rolls Order because his position/designation as Group Director is equivalent to a Provincial Director,” the complaint reads.

The Special Order issued by Gaquing  was reportedly related to Sarmiento’s going into an absent without  official leave  for 15 days. He has a rank of  Police Officer 2 and was formerly assigned at the Police Regional Mobile Group-7.

But Sarmiento, in his complaint, said that the authority of Gaquing was limited. He added the imposable penalties that Gaquing could give are “admonition, or reprimand, restrictive custody, withholding of privileges, suspension or forfeiture of salary, demotion or any combination of the foregoing.”

The offense punishable by dismissal from the service is within the jurisdiction of the Police Regional Director and the Chief of the PNP, he stated.

“Patently, Gaquing committed the crime of usurpation of authority on January 14, 2008 when he signed the Special Order 01-02 under pretense of official position or pretended to do his official position as Group Director, performed an act pertaining to the Police Regional Directors or the Chief of the PNP without being lawfully entitled to do so under NAPOLCOM MC 2007-001,” the complaint further reads.

He added that it took him so long to file the case because it was only in August 2014 that NAPOLCOM 2007-001 was posted in the PNP official website. He added that if not for the transparency of the Department of Interior and Local Government and the PNP, he will not be aware of such Memorandum Circular.

“Now, the illegal act of Gaquing is exposed and this cannot be justified affirmed or be given a semblance of legality by another misguided retired high ranking police official for we are a government of laws not of men. As a consequence of the act of Gaquing I was robbed of my employment in the PNP without legal basis,” he pointed.

The NAPOLCOM Memorandum Circular 2007-001 has been effective since March 6, 2007. — (FREEMAN)