CEBU, Philippines - The Court of Appeals in Manila has affirmed the dismissal from service of three policemen after they were found guilty of extortion.
Associate Justice Ramon Bato Jr. denied the petition for review filed by PO3 Eric Enad, PO2 Roy Sarsaba, and PO2 Francisco Keyserling Martin Mondejar Gorosin III seeking to reverse the Ombudsman decision finding them guilty of grave misconduct.
“The petition must fail. Petitioners’ claim that there is lack of evidence to sustain their administrative liability cannot be given credence by this Court. Note that in administrative proceedings, the quantum of proof required to establish the administrative liability of respondent is substantial evidence, not proof beyond reasonable doubt,” the decision read.
The appellate court sustained the Office of the Deputy Ombudsman for the Military and Other Law Enforcement.
The case stemmed from a complaint filed by Elvincinto Baguio and Analou Nacario of Talisay City. The complainants alleged that the suspects were among the policemen who conducted a saturation drive in Barangay Tanke, Talisay City on August 14, 2009 in the afternoon.
The police arrested Maridel Obrero, sister of the complainants, for allegedly in possession of illegal drugs.
The complainants alleged that they received a call from Sarsaba demanding P100,000 in exchange of not filing a non-bailable offense against Obrero.
According to them, the policeman bargained that instead of filing a case for violation of Section 5 (illegal selling of dangerous drugs), Article II of Republic Act 9165 otherwise known as Comprehensive Dangerous Drugs Act, they will only charge Obrero with Section 11 or possession, which is bailable.
The complainants claimed that they haggled for a lesser amount of P50,000 and pleaded for more time to produce the amount. The complainants sought the assistance of the National Bureau of Investigation-7 which conducted the entrapment operation.
The three policemen were arrested on August 17, 2009 at the Talisay City Gym. (FREEMAN)