BACOLOD CITY: The National Police Commission (Napolcom) ordered THE DISMISSAL OF SIX POLICE OFfiCERS IN Negros Occidental.

Ordered dismissed from service were former Moises Padilla town police chief Cpt. Allan Reloj, MSg. Ricardo Campos Dingcong Jr., Cpl. Nobel Perante, Cpl. Felix Corejado Pesales Jr., Pat. Michael Mondido and Pat. Darryl Ducay Dormido.

The case stemmed from an incident on Dec. 19, 2017, leading to the arrest of then Moises Padilla vice mayor Ella Garcia-Yulo, and her husband Felix Mathias Feria Yulo.

In its 13-page order dated Oct. 21, 2020 signed by Department of the Interior and Local Government Secretary and Napolcom Chairman Eduardo Año, the commission

found the respondents “culpable for grave misconduct and grave irregularities in the performance of duty.”

In the evening of Dec. 19, 2017, the Yulo couple were on board a gray Mitsubishi Strada driving along the town’s Barangay Crossing Magallon when they were flagged down at a police checkpoint manned by Reloj and the five other cops.

In its order, Napolcom said the incident was “election-related” and the same was a form of “political harassment” as then vice mayor Yulo was a political opponent of then Moises Padilla mayor Magdaleno

Peña for the 2019 elections.

Reloj and the five other cops were accused of conducting an illegal checkpoint, performing unlawful arrest upon the Yulo couple, and performing an illegal search and seizure of the vehicle of the couple in violation of the 2013 Philippine National Police (PNP) Police Operational Procedures and Napolcom Memorandum Circular No. 2016-002.

Based on a separate statement given by Reloj and the five other cops, they claimed the checkpoint they conducted complied with a memorandum issued by then Negros Occidental Police Provincial Office Director Col. Rodolfo Castil to establish border control checkpoints due to terror threats coming from the New People’s Army.

The respondents cited Felix Yulo was acting suspiciously as reason for flagging down the couple’s vehicle.

When Reloj went to the driver’s side of the vehicle he claimed Felix had a handgun on his lap prompting him to order Felix to step out of the vehicle.

Reloj then claimed Ella started screaming at him and also stepped outside the vehicle, and started berating the police chief.

He claimed he was assaulted by the vice mayor and was confronted by Felix.

At that point, the respondents seized Felix’s .45 caliber pistol.

A search of the vehicle also led to the recovery of another .45 caliber pistol, ammunition, two hand grenades and two sachets of suspected shabu.

The couple was later charged with illegal possession of firearms and explosives, as well as possession of illegal drugs.

“It was established, based on records, the area where the checkpoint was placed, was not well-lighted with no signage bearing the name of the PNP unit and the participating organization visibly displayed,” Napolcom said.

“The search performed by respondents on the complainants was unlawful because, aside from the PNP Police Operational Procedures violations committed, the former failed to prove the area where the checkpoint was placed, was within their immediate control,” the Napolcom order said.

More so, the items seized from the vehicle of the complainants are inadmissible as evidence because they were products of an illegal warrantless search and seizure, otherwise known as the exclusionary rule, or the fruit of the poisonous tree doctrine, it added.

On the other hand, the testimonies of complainants and their witnesses were clear and straightforward, narrating in detail the act done by respondents, thus accorded greater weight as opposed to the defense of alibi and denial of respondents, the Napolcom said.

During the investigation, it was found the respondents conducted the checkpoint in their civilian clothes, and the barangay (village) guards who joined the checkpoint were carrying firearms.

The Napolcom order added aside from dismissal from service, the respondents’ police eligibility and retirement benefits are forfeited. They are also banned from holding any public office.

Aside from Año, the document was also signed by Napolcom vice chairman and executive officer lawyer Rogelio Casurao, commissioners Felizardo Serapio Jr., lawyer Job Mangente, Zenonida Brosas, and retired Gen. Camilo Cascolan.