The Philippine National Police has dismissed an administrative case for serious irregularity in the performance of duties against the former police chief of Pulupandan and two policemen, for lack of merit.

Former PNP 6 Regional Director Agrimero Cruz, in a decision dated December 12, copies of which were released to the media yesterday, dismissed the case filed against Senior Inspector Edfel Balibadlan, PO3 Ronald Palacios and PO2 Lelanie Lagoting.

The complaint was filed by the Negros Occidental Provincial Police Office against the three policemen in relation to the incident where then Pulupandan Mayor Magdaleno Peña went to the provincial Capitol to have a debate and to challenge Jose Ma. Valencia, chief of staff of Gov. Alfredo Marañon Jr., to a boxing bout on March 25, 2013.

The presence of Balibadlan, Palacios and Lagoting, who allegedly escorted Peña to the Capitol, was said to be in violation of the Omnibus Election Code, tantamount to Serious Irregularities in the Performance of Duty, for acting as bodyguard or security of any public official without authority from the Commission on Election during the election period.

The policemen, in their defense, said they had gone to the Negros Occidental Police Provincial Office to submit their weekly scorecard and subsequently to proceed to JEZ Tailoring and Military Supply in Bacolod City to follow up the purchase of uniforms by the Pulupandan PNP.

However, while they were on their way to JEZ Tailoring, Balibadlan received a text message requesting him to pacify Peña, who allegedly was going to challenge Valencia to a public debate and a boxing match, the policemen said.

They said that when they arrived at the Capitol, Peña was already being interviewed by the media. When Peña saw them, he asked why they were there and after 20 minutes of conversation with him, they concluded that there was no commotion that would take place and left.

Unfortunately, they were placed under technical arrest from 10 p.m. of March 26, 2013 to April 26, 2013, until after they received summons and a copy of the complaint against them, they said.

Contrary to the allegations in the complaint, they did not violate any law, or engaged in any partisan political activity, they said.

Cruz pointed out that Peña and Valencia were not candidates for any elected position so there is no basis for the claim that the three policemen engaged in partisan political activities.

The pieces of evidence of both parties were carefully weighed and the version of the respondents was found to be more convincing than that of the complainant, Cruz also said.*CPG

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