Cop gets lighter penalty over use of excessive force | ABS-CBN
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Cop gets lighter penalty over use of excessive force
Cop gets lighter penalty over use of excessive force
MANILA — The Supreme Court has ordered the suspension of a police officer for six months over excessive use of force against a suspect in a buy-bust operation.
MANILA — The Supreme Court has ordered the suspension of a police officer for six months over excessive use of force against a suspect in a buy-bust operation.
In a decision promulgated on April 3, 2024, the 3rd Division partially granted the petition for review on certiorari filed by Police Officer 2 Herminio Besmonte.
In a decision promulgated on April 3, 2024, the 3rd Division partially granted the petition for review on certiorari filed by Police Officer 2 Herminio Besmonte.
The high court affirmed with modification the decision of the Court of Appeals which included the ultimate penalty of dismissal from service.
The high court affirmed with modification the decision of the Court of Appeals which included the ultimate penalty of dismissal from service.
The SC, in partially granting Besmonte’s petition, found him administratively liable not for grave misconduct, but for simple misconduct and imposed on him the penalty of suspension for six months.
The SC, in partially granting Besmonte’s petition, found him administratively liable not for grave misconduct, but for simple misconduct and imposed on him the penalty of suspension for six months.
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The court stressed that discussion of the National Police Commission, the Civil Service Commission and the Court of Appeals zeroed in on Besmonte’s lapse of judgement.
The court stressed that discussion of the National Police Commission, the Civil Service Commission and the Court of Appeals zeroed in on Besmonte’s lapse of judgement.
“They do not mention how Besmonte's actions were tainted with the elements of corruption, clear intent to violate the law, or flagrant disregard of an established rule as would qualify his transgression as grave misconduct. Thus, he could only be held liable for simple misconduct,” the court said in the decision penned by Associate Justice Alfredo Benjamin Caguioa.
“They do not mention how Besmonte's actions were tainted with the elements of corruption, clear intent to violate the law, or flagrant disregard of an established rule as would qualify his transgression as grave misconduct. Thus, he could only be held liable for simple misconduct,” the court said in the decision penned by Associate Justice Alfredo Benjamin Caguioa.
The case stemmed from a buy-bust operation in Las Pinas in 2003 where Besmonte acted as the designated poseur-buyer.
The case stemmed from a buy-bust operation in Las Pinas in 2003 where Besmonte acted as the designated poseur-buyer.
The SC noted that records indicated that Besmonte tried to apprehend the suspect upon consummation of the buy-bust transaction.
The SC noted that records indicated that Besmonte tried to apprehend the suspect upon consummation of the buy-bust transaction.
When the suspect resisted, Besmonte and his colleagues exerted force to restrain and arrest her, with Besmonte punching the left side of the suspect’s face, kicking her knee, and kicking her abdomen.
When the suspect resisted, Besmonte and his colleagues exerted force to restrain and arrest her, with Besmonte punching the left side of the suspect’s face, kicking her knee, and kicking her abdomen.
The Supreme Court however gave a reminder that it does not condone the indiscriminate use of force by police officers against persons under arrest.
The Supreme Court however gave a reminder that it does not condone the indiscriminate use of force by police officers against persons under arrest.
“No less than the Constitution sanctifies the principle that public office is a public trust, and enjoins all officers and employees to serve with the highest degree of responsibility, integrity, loyalty, and efficiency,” emphasized the court,” the SC said.
“No less than the Constitution sanctifies the principle that public office is a public trust, and enjoins all officers and employees to serve with the highest degree of responsibility, integrity, loyalty, and efficiency,” emphasized the court,” the SC said.
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