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Sunday, June 26, 2005
City Hall can’t give Dumpit a job: councilor
SPO1 Adonis Dumpit can still appeal his one-year suspension and so he should not start serving it yet, a Cebu City councilor said.
Councilor Edgardo Labella, a former director of the Office of the Ombudsman-Visayas, said Dumpit has not yet exhausted “ancillary remedies” available to him.
Dumpit, he said, could still file a petition for review and ask for a temporary restraining order (TRO) from the Court of Appeals (CA).
If the Appellate Court denies both, he can elevate his suspension to the Supreme Court.
That is why Dumpit should not have surrendered his badge, PNP ID and government issued firearms, which he did last Friday.
Labella, however, also said he has his doubts on whether Dumpit can be hired by the City as a member of the Civil Security Unit, as what Mayor Tomas Osmeña had pledged.
The suspension, Labella said, covers “not only the particular office (that of the PNP) but any public office.”
The Office of the Ombudsman for the Military suspended Dumpit for a year, in relation to an administrative case for grave misconduct, for shooting Wilson Borja in Cebu City’s Pier 4 last Aug. 27.
In an earlier interview, Dumpit said he received a radio message from the Cebu City Police Office at 8 a.m. last Wednesday informing him about the suspension order.
The radio message said Dumpit’s suspension took effect on June 16 yet, but he is yet to receive a copy of the ombudsman’s order.
Dumpit said the order was already final because he already filed a motion for reconsideration but the anti-graft body denied it.
But in an interview, Labella said Dumpit can still contest the suspension.
“Whoever his lawyer is should advise him that he does not have to voluntarily serve his suspension immediately. It can still be reviewed,” he said.
Lawyer Pedro Leslie Salva served as counsel in Dumpit’s frustrated murder and gross misconduct cases.
Since the ombudsman already denied his motion for reconsideration, Dumpit should elevate the case to the CA, Labella said.
Rule 43 of the Rules of Court grants him the chance to file a petition for review, while Rule 65 gives him right to lodge a petition for certiorari, with prayer for the issuance of a TRO or a writ of preliminary injunction.
While his petitions are being heard, Dumpit can still continue working, Labella said.
While he accepted the penalty, Dumpit lamented the ruling of the Ombudsman for the Military and said he was not given the chance to explain his side.
With his suspension, Dumpit’s main concern is to find a job to support his wife and his son.
Mayor Osmeña earlier said he will do all means within his power to help Dumpit, adding that policemen who help the City keep the peace should be assured that City Hall will not abandon them. (RHM)
(June 26, 2005 issue)
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