THE Court of Appeals (CA) has nullified the order issued by the Ombudsman in January placing 22 Davao high-raking police officers under six-month preventive suspension for their failure to resolve more than 300 cases of summary executions recorded from 2005 to 2008 allegedly perpetrated by the so-called Davao Death Squad.

In a 12-page ruling issued by Associate Justice Mario Lopez, the CA’s Former Special Sixteenth Division held that the Ombudsman committed grave abuse of discretion for solely relying on “raw statistics” in issuing its January 11 resolution.

“If that would serve as an acceptable standard, there will be no reason for the Ombudsman not to place all other police officers in regions where crime rates are higher than in Davao City. This is absurd and contrary to the required evidence to sustain a preventive suspension,” the appellate court ruled.

Prior to the issuance of the resolution, the Ombudsman received a letter-complaint in April 2009 from a group named Davao Deserves Good Government, seeking investigation into the summary executions of more than 800 persons in Davao City perpetrated by a group dubbed as “Davao Death Squad.”

The letter also claimed that high-ranking officers of the National Police are directly involved in the serial killings.

Acting on the letter, the Ombudsman immediately formed a fact-finding team to look in to the veracity of the complaint.

Based on its investigation, there were a total of 720 summary killings that were recorded from 2005 to 2008. Out of 720 cases, 399 have remained unresolved until now.

On the basis of the statistics, the fact-finding team filed a formal complaint before the Ombudsman charging all ranking police officers of Davao City of gross neglect of duty.

The policemen, based on the complaint failed to perform their duty to keep peace and order and to put up measures to prevent the series of killings.

It added that the police officers did not set up effective measures to deter the proliferation of motorcycles without license plates in the city, which are commonly used by those perpetrating the killings.

After review of the complaint, the Ombudsman issued the order, putting the policemen under preventive suspension for six months.

Covered by the suspension order were Senior Supts. Catalino Cuy and Jaime Morente; Chief Insps. Mattew Baccay, Filmore Escobal, Leandro Felonia, Marvin Manuel Pepino, Ranulfo Cabanog, Vicente Danao, Napoleon Eguia, Alden Delvo, Joseph Sepulchre, Dionisio Abude, Juel Neil Salcedo, Joselito Loriza and Joel Neil Rojo; Supts. Harry Espela, Michael John Dubria and Rommil Mitra; Senior Insps. Antonio Alberio and  Arnulfo Mahinay; and Insps. Maximo Atuel and Rolly Tropico.

In reversing Ombudsman Merceditas Gutierrez, the CA noted that she failed to take into consideration the actions taken by the respondent police officers in order to address the series of killings in the city.

The appellate court added that the Ombudsman also failed to specifically indicate in its order what actions the police officers should  have taken or did not take in connection with the problem.

On the other hand, the police officers were able to sufficiently prove that they have implemented various programs for crime prevention, including the establishment of checkpoints and tapping more civilian volunteers.

The CA further noted that the Davao City police were even recognized as the Best City Police in the entire country in 2008, which contradicts the claim of negligence by the Ombudsman.

“Clearly, the Ombudsman gravely abused its discretion when it failed to take into account the entire evidentiary bases necessary for the imposition of preventive suspension,” the CA added.

Concurring with the ruling were Associate Justices Magdangal de Leon and Franchito Diamante.Written by Joel San Juan / Reporter, Business Mirror