G.R. No. 264558 - SOL Z. BARGAN, VS. FACT-FINDING INVESTIGATION BUREAU, OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Office FINDS P/CSUPT. RAUL D. PETRASANTA, P/SSUPT. REGINO S. CATIIS, P/SSUPT. EDUARDO P. ACIERTO, P/SSUPT. ALLAN A. PARREÑO, P/CINSP. NELSON L. BAUTISTA, P/CINSP. RICARDO S. ZAPATA JR., P/CINSP. RICKY C. SUMALDE, SPO1 ERIC D. TAN, SPO1 RANDY M. DE SESTO, NORA B. PIROTE and SOL Z. BARGAN all members of the Philippine National Police, GUILTY of Grave Misconduct, Serious Dishonesty and Conduct Prejudicial to the Best Interest of the Service, and imposes upon them the penalty of Dismissal from the Service with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar from taking civil service examinations. In the event that the penalty of Dismissal from the Service can no longer be enforced due to respondent's separation from the service, the same shall be converted into a Fine in the amount equivalent to respondent's salary for one (1) year, payable to the Office of the Ombudsman, and may be deductible from respondent's accrued leave credits or any receivable from his or her office that is not otherwise forfeited, or respondent may opt to directly pay the fine. It shall be understood that the accessory penalties attached to the principal penalty of Dismissal from the Service shall continue to be imposed. The complaint against P/CINSP. RODRIGO BENEDICTO H. SARMIENTO JR. and ENRIQUE DV. DELA CRUZ is DISMISSED for lack of substantial evidence. The complaint against P/DIR. GIL C. MENESES, P/CSUPT. NAPOLEON R. ESTILLES AND P/CSUPT. TOMAS G. RENTOY III is DISMISSED for lack of disciplinary jurisdiction over them in view of their retirement from the service prior to the filing of the complaint. SO ORDERED.