In a resolution issued Monday, Quezon City Judge Victorino Evangelista noted that Cudal failed to exhaust other "administrative remedies" in seeking redress against Lacson’s order before bring his complaint to court.
"As a matter of procedure, any action filed in court without pursuing any administrative recourse is premature and lacks a cause of action," Evangelista’s resolution said.
Victorino said he had no choice but to dismiss Cudal’s petition for an injunction on Lacson’s order relieving him from his post. Also named as respondent in the case was PNP records and personnel management chief Director Reynaldo Acop.
In his petition, Cudal questioned the order issued by the PNP chief through the national police records and personnel management directorate removing him from his post. Cudal claimed he was being eased out of office because of Lacson’s suspicions that he had given a television interview where he revealed that certain top police officers were demoralized by Lacson’s "dictatorial policies."
The interview was aired on ABS-CBN Channel 2 with the police officer’s face shrouded by pixels. Cudal said Lacson had no basis for such suspicions.
PNP Criminal Investigation and Detective Group head, Chief Superintendent Francisco Zubia Jr., said Cudal’s identity was established through the use of computer technology.
Lacson, however, said Cudal was being relieved because of pending graft charges filed against him with the Sandiganbayan.
Victorino said Cudal should have first sought a reconsideration of the Lacson’s order or bring his complaint before the Department of Interior and Local Government (DILG). Under Republic Act 6975, the PNP Director General is subordinate to the DILG secretary, the judge noted.– Romel Bagares