MANILA, Philippines – The Court of Appeals (CA) has dismissed the petition filed by a police officer seeking to nullify an order issued by the National Police Commission (Napolcom) that imposed a 6-month suspension against her and 5 other police officers in connection with death of the wife of television and radio news anchor Ted Failon.
The Napolcom found the police officers guilty of committing grave misconduct while investigating the suicide case.
In a 15-page decision penned by Associate Justice Ramon Garcia, the CA's Ninth Division held that the petitioner, police Inspector Erlinda Garcia, failed to prove that the Napolcom en banc committed grave abuse of discretion in ordering their suspension and relief from their assignment at the Criminal Investigation and Detection Unit of the Quezon City Police District Office (CIDU-QCPDO).
The appellate court said the Napolcom’s June 22, 2009 decision established that Garcia violated not only existing police operation procedures in arresting Pamela Arteche-Trinchera, sister of Failon's wife Trinidad Arteche-Etong.
It also violated the Rules of Court that requires arrests to be made based on a warrant, the CA said.
"Accordingly, the constitutional right of Pamela Arteche-Trinchera against unreasonable searches and seizures was violated. There was also a violation of the constitutional right of a person under custodial investigation with the failure of the arresting officers, including petitioner Garcia, to read the Miranda rights of Pamela Arteche-Trinchera," the CA added.
Aside from Garcia, the other police officers who were suspended were Superintendents Franklin Moises Mabanag and Gerardo Batuita; Chief Inspectors Cherry Lou Donato and Enrico Figueroa; and Inspector Roberto Razon, Sr.
The petition stemmed from an administrative complaint that was initiated by Napolcom's Monitoring and Investigation Service through acting assistant service chief, lawyer Owen de Luna.
Police arrested Failon’s sister-in-law and the household helpers for alleged obstruction of justice.
