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Lawyer Wants Dismissal of PNP Member

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Lawyer Wants Dismissal of PNP Member
« on: September 01, 2008, 01:13:09 AM »
By Sen Guingguing
Sunday Post

      A lawyer has filed an administrative complaint against a cop assigned at Corella Police Station, for grave misconduct and grave abuse of authority.

      Lawyer Albert Tinampay filed the complaint against SPO1 Victor Gastanes of the Corella Police Station before the regional office of the National Police Commission in Central Visayas on August 17, the day after a confrontation with the police officer.

      Tinampay called for the summary dismissal of Gastanes for his arrogance, abuse of authority and drunkenness.

      In his affidavit dated August 17, 2008, Tinampay narrated that at around 4pm of August 16, while he was at his office along Gallares St., Tagbilaran City, he received an information through a phone call that a cargo truck of Anita Bongalos, owner-proprietor of JJ’s Coco Lumber, was apprehended by a policeman who was in civilian clothes, wearing short pants.

      Without any ID card and even refusing to give his name, the cop apprehended Bongalos’ truck without explaining the reason, and instead ordered the driver to tell the owner of the truck to appear before him right there and then.

      So, Tinampay said, he immediately proceeded to the area, together with Bongalos and some of her workers and friends.

      Upon arriving there, approximately 3-4 kilometers from the Poblacion of Corella, Tinampay introduced himself as legal counsel of Bongalos, and inquired what was the problem.

      The policeman, already in uniform then, answered “in a very loud disrespectful manner, saying ‘Ah, attorney, daghang violation ning maong truck’ (Ah, attorney, this truck has many violations)”, according to Tinampay.

      Tinampay learned that the policeman had earlier left the area for a while, leaving an instruction to the driver to wait for him and indeed returned later, already in uniform, but with a thin overcoat that covered his nameplate, a bit awkward considering the temperature.

      Tinampay requested the policeman to lower his voice, since they were just very near each other.

      Then he asked if the cop had any search warrant. The cop said he didn’t have any.

      “I then confronted him why he refused to give his name earlier when asked by the driver, but then he denied, but since the driver of the cargo truck stood pat that the policeman refused to give his name then, that was the only time that the policeman said, ‘Mao ba to?’ (Was that so?)” Tinampay further narrated.

      The lawyer then asked for his name and the cop told him he was SPO1 Victor Gastanes of Corella Police Station.

      “He likewise asked me what my name was and I told him that I already introduced myself to him earlier but nevertheless I introduced myself again to him as Atty. Albert Tinampay. He looked a bit surprised and asked what was the spelling of Albert. I found his question quite inappropriate coming from a policeman,” Tinampay narrated.

      He said he already sensed that there was something wrong with the cop, since he saw him, according to Tinampay.

      When the lawyer asked the cop to specify the violations of the cargo truck, Gastanes was allegedly mumbling as he mentioned Certificate of Registration of the truck and the Official Receipt for the registration.

      The driver said he already presented the OR and CR to the cop earlier, and that he (Gastanes) even brought them with him when he left the area a while ago.

      Tinampay then asked the cop if he was a duly deputized policeman by the Land Transportation Office (LTO).

      The lawyer said Gastanes replied that all policemen are deputized.

      So the lawyer challenged him to issue the corresponding TOP if there was any violation as he had already committed arbitrary detention, grave coercion, and caused undue delay to the cargo truck, and to the workers and those who would be collecting for the salaries and wages as it was a Saturday, the schedule for release of wages.

      However, the cop said he had no TOP.

      Tinampay also said that at that time, he smelled liquor from the cop’s breath, so he immediately confronted the cop about his being drunk and “why he should be unlawfully apprehending the cargo truck. But the cop denied.

      So the lawyer ordered his driver to proceed to Poblacion, Corella to request the Municipal Health Officer (MHO) to come over and check the cop’s alcohol-smelling breath. And told the cop that in case he would prove negative, they would go to Gov. Celestino Gallares Regional Training Hospital for examination on positive alcoholic breath.

      It was at that time that the cop returned the papers and offered a handshake. But Tinampay refused to accept his hand and told him that he doesn’t shake hands with a drunk and abusive policeman as the cop refused to submit for examination for alcohol-smelling breath.

      Tinampay said he even told the cop that he would hold him liable for his actuations that afternoon before he left the area.

Romans 10:9
"That if you shall confess with your mouth the Lord Jesus, and shall believe in your heart that God has raised him from the dead, you shall be saved."

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