G.R. No. 260148, April 03, 2024
HERMINIO A. BESMONTE, PETITIONER, VS. NATIONAL POLICE COMMISSION-NATIONAL CAPITAL REGION (NAPOLCOM-NCR), RESPONDENT.

FACTS

Petitioner Herminio A. Besmonte, a police officer, was part of a buy-bust operation on April 11, 2003, that led to the arrest of Evangeline Abenojar for illegal drug sale. According to the police, the arrest was lawful and involved necessary force as Abenojar resisted. Abenojar filed a complaint alleging that the officers, including Besmonte, attempted to extort money and, upon her refusal, physically assaulted her, punching her face and kicking her, causing injuries. She presented a Medical Certificate dated April 14, 2003, from Dr. Ferdinand C. Eusebio documenting swelling and tenderness on her left cheek and right groin area. The NAPOLCOM formally charged Besmonte and two others with Grave Misconduct. The NAPOLCOM, in its Decision dated March 9, 2011, found the buy-bust operation valid but held Besmonte liable for using unnecessary coercion and violence against Abenojar, imposing a penalty of one-rank demotion. The NAPOLCOM exonerated the other two officers. Besmonte appealed to the Civil Service Commission (CSC), arguing the complaint was motivated by Abenojar’s desire to escape criminal liability and presenting a Temporary Medical Certificate from Dr. Myrna O. Ferrer dated April 12, 2003, which noted no external physical injury. The CSC, in its Decision No. 180629 dated November 22, 2018, affirmed Besmonte’s liability but modified the penalty to dismissal from service, giving more weight to Dr. Eusebio’s certificate and testimony. The Court of Appeals dismissed Besmonte’s petition, prompting this appeal.

ISSUE

Whether the Court of Appeals erred in affirming the CSC’s decision which found petitioner Herminio A. Besmonte guilty of Grave Misconduct and imposed the penalty of dismissal from the service.

RULING

No, the Court of Appeals did not err. The Supreme Court denied the petition and affirmed the assailed CA Decision and Resolution. The Court held that substantial evidence supports the finding that Besmonte used excessive and unnecessary force during the arrest of Abenojar, constituting Grave Misconduct. The Medical Certificate from Dr. Eusebio, who testified, was deemed credible and corroborated Abenojar’s allegations of physical injury. In contrast, the Temporary Medical Certificate from Dr. Ferrer, which was not formally offered in evidence before the NAPOLCOM and only bore initials, was correctly disregarded. The Court emphasized that police officers must use only reasonable and necessary force during arrests. Besmonte’s actions, inflicting injury on a lone female suspect despite being with two other officers, demonstrated a flagrant disregard of established rules constituting misconduct. The penalty of dismissal from service, with its accessory penalties, is appropriate for Grave Misconduct. The Court found no merit in Besmonte’s claim that his subsequent promotion rendered the case moot, as an administrative case is not mooted by promotion.