The Court of Appeals (CA) has dismissed the administrative complaint filed by Richard Gomez against Police Chief Inspector Jovie Espenido, Police Chief Inspector Leo Laraga, and Police Officer 3 Hydie Yutrago. Gomez, an actor-turned-politician and currently Leyte’s 4th district representative, accused the respondents of being involved in the illegal drug trade of the Espinosa clan in Albuera municipality, Leyte.
In a 12-page decision, the CA’s 13th Division upheld the previous decisions of the National Police Commission (Napolcom) en banc, which dismissed Gomez’s complaint of grave misconduct, dishonesty, and conduct unbecoming of a police officer. The Napolcom ruled that there was a lack of substantial evidence and legal standing.
Gomez argued that the Napolcom made a serious error by ruling that he couldn’t legally push for a reappraisal of the decision absolving the policemen. However, the CA stated that in administrative cases, appeals are only extended to the party adversely affected by the decision, which refers to the government employee against whom the administrative case is filed or the disciplining authority. The CA emphasized that as a complainant, Gomez is merely a witness and has no right to appeal the decision.
The drug trade accusations against Espenido, Laraga, and Yutrago stemmed from Gomez’s complaint affidavit filed on November 16, 2016. He accused the policemen of violating commitment orders and publicly accusing him of involvement in the drug trade without any basis. Gomez also alleged that Espenido and Yutrago fixed affidavits of individuals linked to a self-confessed drug lord.
Overall, the CA’s decision affirms the dismissal of Gomez’s administrative complaint against the police officers.
