Cop points out 'defect' of order, calls charges pure lies, fabrication
A senior cop under a 90-day preventive suspension now wants the order lifted pointing out the purported defects and legal infirmities here.
Docketed as Admin. Case No. PROGRI 2008-050, respondent is Senior Police Officer 1 (SPO1) Nerio Salcedo III. Standing as complainant is the Regional Investigation and Detective Management (RIDM) of Police Regional Office 6 (PRO6).
SPO1 Salcedo in his 8-paged "Answer with Affirmative and Negative Defenses," began by calling the attention of the National Police Commission (Napolcom).
He pointed out how the supposed letter-complaint lodged against him "was not under oath" contrary to an existing Napolcom circular. SPO1 Salcedo through counsel also stated that the preventive suspension "was illegally issued."
Without legal basis, he averred, on Special Order No. 1033 for supposed non-compliance of procedural requirements thus "unquestionably renders the act void."
And pure lies and fabrication too, SPO1 Salcedo countered on the extortion and grave misconduct charges.
As such, said senior cop refuted and downplayed "evidentiary value" of evidences possessed by the RIDM.
Facts that led to the issuance of PRO 6's Pre-Charge Evaluation are allegedly hearsay and concocted without factual basis.
"The so-called "character assassination" sits well to such narration that only deserve scant consideration," excerpts of the 8-paged Answer went.
"It being the case, the subject Pre-Charge Evaluation was erroneously issued and the findings therein of the existence of probable cause was completely without legal basis to support the Pre-Charge Evaluation," his defense continued.
SPO1 Salcedo then went ahead to question affidavits and the supposed witnesses against him including the purported participation of Governor Niel Tupas.
Tupas, he pointed out, is not the authority to investigate yet allegedly appears "to be the motivating factor of this controversy because of the result in the last election wherein his son, Niel Tupas Jr. (Jun-Jun) got many zeros in the many precincts in the Municipality of Sara," the Answer continued. "In order to weaken the political influence of the Salcedos in Sara, in preparation for the coming national elections, this case is obviously the initial step toward it."
To further prove the point, copies of election returns were even attached as evidence where indeed, Tupas Jr. got zero votes here.
"Wherefore premises considered, it is most respectfully prayed of the Honorable Office that before hearing, the Preventive Suspension issued the Respondent be lifted; after hearing, the Complaint be dismissed for lack of legal basis and for being purely concocted and fabricated," respondent senior-cop stated.
Incidentally, one of SPO1 Salcedo's counsel is noted lawyer, Manuel Justiniani, a former trusted man of Governor Tupas. Collaborating counsel is lawyer James Balsomo II.