Saturday, October 04, 2008 Montalba secures TRO By Annabelle L. Ricalde
CONTROVERSIAL Police Superintendent Antonio Montalba reported to the Cagayan de Oro City Police Office (Cocpo) Friday, a day after a local court issued a temporary restraining order (TRO) stopping the Philippine National Police (PNP) regional command from transferring him to the Misamis Oriental provincial office.
Montalba presented himself at the Cocpo Maharlika headquarters around 8 a.m. Friday. He signed the daily roster and presented it to the officer on duty, according to radio reports.
He also loitered for several minutes and talked to his fellow officers and subordinates, some of whom were seen applauding him, the same reports said.
City Police Director Isagani Genabe Jr. was not around when Montalba came Friday.
In an interviewed by Sun.Star Cagayan de Oro by phone, Montalba said he is confident the court will eventually decide in his favor.
"Bisan unsaon pa nila (PNP regional command) og pangisog, wala silay dag-anan kay ang balaod na ang nipatigbabaw," Montalba said.
Montalba emphasized he is not seeking any position at the city police office except to attend to the various administrative cases filed against him before the National Police Commission (Napolcom) and the Office of the Ombudsman. He did not elaborate what cases were filed against him.
Judge Gil Bollozos of the Regional Trial Court (RTC) Branch 21 issued a TRO in favor of Montalba last Thursday afternoon.
Named respondents were Chief Superintendent Teodorico Capuyan, PNP regional director; and superintendents Danilo Empedad, Rogelio Nuneza, Leonardo Esclamado, Jose Ramos Jr., and Genabe.
Bollozos have set a hearing on October 20 for the arguments from both sides.
Lawyer Alejandro Jose Pallugna, Montalba's counsel, said they received the TRO around 4:30 p.m. Thursday.
Capuyan said they will argue their case before the court "to protect the integrity of the PNP."
"Montalba was not singled out. He was assigned to his new position along with 13 other officers," Capuyan told Sun.Star Cagayan de Oro.
He said Montalba and the officers, including Police Superintendent Paciano Deloso and Police Chief Inspector Danildo Tumanda -- both officers of Cagayan de Oro City, were selected by the PNP regional selection board "based on their qualifications."
Capuyan have appointed Montalba as assistant police director for Misamis Oriental whose office is located in Villanueva town.
Montalba, Deloso and Tumanda were among 43 senior police executives who graduated from a ten-month Public Safety Officers Senior Executives Course at the PNP Regional Training Center in Barangay Patag last Friday.
Capuyan said the PNP has the right to transfer its officers "where it thinks it would be best for the police force," citing a Supreme Court (SC) ruling on the matter.
"This is part of his (Montalba) normal assignment. The position of assistant police director for Misamis Oriental is vacant," he said.
But Pallugna said Capuyan and the PNP regional command erred when they transferred Montalba since the controversial police superintendent is facing several administrative cases.
He cited Section 11 of Rule 17 of the Napolcom memorandum circular 2007-001, internal rules of procedure of Napolcom, stating that police officer with pending administrative cases should not be reassign to any city/municipal/provincial police station.
Pallugna said Camp Crame has ordered that after Montalba finished the course, he should be returned to his original unit.
"Naay pending nga mga kaso si Montalba sa Napolcom ug Ombudsman so dili gyud unta dapat nga ibalhin siya," Pallugna said.
The lawyer blamed politics within the PNP as the reason behind Montalba's abrupt transfer to the Misamis Oriental PNP provincial office. Pallugna, however, did not say what kind of politics.
Montalba is known to be closed to Vice Mayor Vicente Emano.
