Case Digest

THE SUMMARY DISMISSAL BOARD AND THE REGIONL APPELLATE BOARD, PNP, REGION
VI, ILOILO CITY VS. C/INSP. LAZARO TORCITA

G.R. No. 130442, April 6, 2000
FACTS:
After attending a birthday party, three passengers boarded a Mazda pick-up with plate number
HHP-808, driven by Reynaldo Consejo, proceeding towards the direction of Cadiz City. While nearing
the Crossing Cadiz in the vicinity of Sitio Putting Tubig, the aforementioned vehicle overtook a red
Cortina Ford driven by the respondent Major Lazaro Torcita; that on board the motor vehicle driven were
three females sitted at the back, Torcita signaled the passengers of the Mazda pick-up, however, the driver
Reynaldo Consejo, refused to abide by the signal and instead accelerated and proceeded to Hda. Aimee, a
compound, without stopping. Wherein Major Torcita followed the Mazda pickup and entered the
compound, however, he was stopped by two of the guards of the compound, preventing him to enter
further. After some time, Major Lazaro Torcita, under the influence of alcohol, returned to the compound
using the Cadiz PNP patrol car along with armed police officers, inquiring to the identity of the person
who overtook and refused to abide his signal to stop, in a manner not worth of respect, shouting in a very,
very loud voice, invectives and remarks
ISSUE:
Whether or not the defendant, Major Lazar Torcita be liable for Simple Irregularity in the Performance of
duty under Sec. 41, RA6975
RULING:
Yes, Major Lazaro Torcita is liable for simple irregularity in the performance of duty. The Board found
that Lazaro Torcita was "in the performance of his official duties when the incident happened; however,
he committed a breach of internal discipline by taking alcoholic drinks while in the performance of same,
and is hereby ordered suspended for twenty days (20) and forfeiture of salary for the same period of time.
PO2 RENY D. ESPINA, PETITIONER, VS. NORBERTO P. GICOLE, RESPONDENT
G.R. No. 257298, February 01, 2023
FACTS:
On November 25, 2016, during a commotion outside Harakhak Restobar in Wao, Lanao Del Sur,
Norberto’s two sons, Emilio and Butch, saw two groups of men were about to figure in a fight when
Emilio, who happened to be outside too, tried to pacify them. The commotion eventually subsided when
one of the groups decided to leave. Reny D. Espina, along with another officer, were inside the restobar
when the commotion started, Espina went outside without prior information as to the hostility that
developed, number of protagonists, whether they were armed and dangerous. Espina’s thought of the
situation as if the commotion was already well advanced in development and perilous. Espina, who was
in civilian clothes and who did not identify himself as police in authority, immediately fired a warning
shot to a stunned crowd, wherein Emilio turned towards him and pointed a gun at him. Right there and
then, Espina fired at Emilio, who immediately fell to the ground soaked in his own blood. Upon seeing
his brother fall to the ground, Butch rushed towards Espina to attack him, when the latter shot Butch.
ISSUE:
Whether or not Reny D. Espina is liable for any misconduct and conduct unbecoming of a public
officer
RULING:
Yes. He is guilty of Great Misconduct and Conduct Unbecoming of a Police officer, meted with
the penalty of dismissal from the service. Espina failed to comply with the established rules as prescribed
in the revised pnp operational procedures which prohibits police officers from firing a warning shot, and
direct police officers to use peaceful means to warn offenders to peacefully give up. It was ruled that he
should have issued a verbal warning not a warning shot, and identify himself as a police officer to give an
opportunity to the offender to surrender.
JENNY ZACARIAS VS. NATIONAL POLICE COMMISSION
G.R. No. 119847, October 24, 2003
FACTS:
On November 5. 1991. Jenny Zacarias was assigned to be on duty at the Office of the Special
Team, also of the Anti-Kidnapping Task Force. Detained there were Alfredo “Joey” de Leon, suspected
commander of the notorious “Red scorpion group”, charged with kidnapping with ransom cases, and
Nicanor Attractivo who was charged with robbery and homicide. At around 9:00 o’clock in the morning
of November 8, 1991, the two detainees escaped while in the custody of the petitioner, then the outgoing
guard on duty. According to Zacarias, he briefly went to the comfort room before the incident transpired,
and that when he came back two to three minutes after, the detainees were no longer around.
ISSUE:
Whether or not, Jenny Zacarias be liable for the negligence on his part, which lead to the escape
of the two detainees.
RULING:
Yes. The petitioner is liable for neglect of duty, inefficiency and incompetence in the
performance of his duties, and was dismissed of service. It is ruled that the laxity and inefficiency of
petitioner as the police guard on duty, resulting in the escape from his custody of Alfredo de Leon, the
notorious leader of the Red Scorpion Group, constitutes ‘conduct unbecoming an officer and a gentleman’
which, under paragraph (c) of Section 42 of the PNP Law, is a ground for summary dismissal.

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THE SUMMARY DISMISSAL BOARD AND THE REGIONL APPELLATE BOARD, PNP, REGION

VI, ILOILO CITY VS. C/INSP. LAZARO TORCITA

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