PRO-7 asks court to deny petition of sacked cop

CEBU, Philippines — The Police Regional Office-7 has asked the court to deny the petition for certiorari filed by former police officer Moises Cunanan for lack of merit and cause of action.

Cunanan, who was dismissed from the service, earlier sought the court’s intervention claiming the PRO-7 has acted in grave abuse of its discretion when it ruled he was guilty of grave misconduct.

But PRO-7 represented by its regional director, Police Chief Supt. Jose Mario Espino, denied the allegations of Cunanan.

PRO-7 has acted within the bounds of the law when they dismissed Cunanan from the service, Espino said.

“Respondent is the regional director of Police Regional Office-7. Sections 41 and 42 of RA 6975 as amended by RA 8551 vest upon him the power to remove or dismiss PNP members after due notice and summary hearings. It is clear then that respondent acted within the bounds of the law when he rendered the decision,” PRO-7’s answer to Cunanan’s complaint reads.

Espino added Cunanan failed to exhaust all administrative remedies.

Instead of going to court after his motion for reconsideration was denied by PRO-7, he should have appealed his case before the Regional Appellate Board pursuant to NAPOLCOM Memorandum Circular No. 2016-002.

Cunanan was not deprived of the due process of law, Espino added.

Cunanan was dismissed from the service after he was found guilty of grave misconduct. He was subject to an administrative investigation after prohibited drugs and grenades were allegedly found inside his lockers at Bogo City Police Station during an inspection on December 19, 2016.

Cunanan, however, denied that he owned the fragmentation grenades and six medium packs of shabu, saying he was no longer assigned at Bogo City Police Station when the inspection was conducted.

He said he was relieved and reassigned to Bohol Provincial Police Office in August 2016. (FREEMAN)