RIAS junks 4 charges versus Gabinete
Jaro Police Station chief Chief Inspector Orly Gabinete won a partial victory on charges filed by the bodyguards of Iloilo Governor Niel Tupas.
This, as results of Pre-Charge Evaluation Report were approved Monday by the Regional Internal Affairs Service (RIAS). The RIAS is the independent probe body of the Philippine National Police (PNP).
In a six-paged report obtained by The News Today (TNT), conclusion was reached by RIAS probers that out of five charges hurled against Gabinete, only one merited further investigation.
Complainants were the governor’s bodyguards and security escorts Geoffrey Gallardo, Eugenio Bieren and Regie Arandilla.
The trio charged that Police Chief Inspector Gabinete allegedly committed abuse of authority, grave misconduct, ignorance of the law, gross incompetence and conduct unbecoming of a police officer.
The charges stemmed from a road rage incident involving one motorist who earned the ire of the governor’s men for cutting in the convoy. When brought to the Jaro Police Station, Police Chief Inspector Gabinete caused for the siren of the governor’s car to be removed. Such as gun permits and licenses in possession then of the governor’s escorts were discovered to be expired.
The RIAS after examining the affidavits of the complainants found no ground for charges of grave misconduct, no ground for ignorance of the law, no ground for gross incompetence and no ground to charge Gabinete for conduct unbecoming of a police officer.
If any, what merited the look of a summary hearing officer “for proper hearing and disposition” is the single charge left of oppression or abuse of authority.
The RIAS findings considered Presidential Decree 96, a decree declaring unlawful the use or attachments of sirens and the like on vehicles. Also given weight though was the provision on the Local Government Code that establishes the governor as chief local law enforcer.
The law however is clear that only the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), National Bureau of Investigation (NBI), Land Transportation Office (LTO), Police Departments, Fire Department vehicles and hospital ambulances are allowed legal use of such.
Further still, President Gloria Macapagal Arroyo in Administrative Order (AO) 122 reiterated the prohibition while ordering strict compliance particularly by government officials and employees.
This, President Arroyo said, was “in order to serve as an example and encourage the general public to comply with the provisions of Presidential Decree 96…”
AO 122 also made particular reference to government officials and employees not falling within the exceptions provided by law “to take the lead in strictly observing the prohibitions on the use of sirens, blinkers or similar or similar devices….”
One high-profile case involving illegal siren use by a government official was the case of Abra Governor Vicente Valera. Department of Justice then got the indictment of the governor for a separate illegal possession of firearms and explosives. The charges came to view when the governor’s vehicle was flagged down by cops for unauthorized use of siren in December 2007.
On Tupas case though, questions were raised on the propriety of the siren removal made by Chief Inspector Gabinete. An LTO certification was issued by Felicisimo Robles of the LTO Operations Division here stating that Chief Inspector Gabinete was not deputized to do the confiscation and removal.