Wednesday, December 19, 2007 ‘Motel cop’ guilty, faces dismissal from service
THE policeman accused of using a police car during his official tour of duty to take him and his girlfriend to a motel has been recommended for dismissal from service.
PO2 Junicar Estiñoso was found guilty for conduct unbecoming of a police officer.
Estiñoso used the Cebu City-issued Innova patrol car to drop by the Queensland Motel with his girlfriend. Then he ordered a rookie police officer to drive it back to the Mobile Patrol Group (MPG) headquarters.
He was caught after the rookie cop, PO1 Mc Stuart Balang, got into an accident with a taxicab.
Estiñoso blamed an upset stomach for dropping by the Queensland Motel.
MPG
He claimed he had previously responded to several calls for assistance from the motel and had no second thoughts about using their bathroom.
He also denied ordering Balang to drive the patrol car back to the MPG.
However, Balang issued a statement saying they picked up a woman in Sun Valley and proceeded to a place that he was not familiar with.
Balang, who was then a field trainee from the Police Regional Office (PRO) 9 sent to Cebu to augment visibility needs for the 12th Asean summit, claimed he was surprised when Estiñoso told him to drive it back to the MPG.
Estiñoso was the designated driver of the car.
Balang said that as he approached the exit of the motel, he met an accident and hit a taxicab.
Weak alibi
In a decision signed Nov. 29, hearing officer Supt. Daniel Sales found Estiñoso’s alibi weak.
Sales said Estiñoso “utterly failed to tender an issue on the martial averment that he knowingly brought a woman or his girlfriend to Queensland Motel.”
Sales pointed out that Estiñoso failed to specifically deny the allegation and “therefore is deemed to have admitted it.”
“The alibi of the respondent is absolutely failing to satisfy the test, as there is absent showing of substantial evidence that could be appreciated to impeach the proof of the nominal complainant,” Sales’ recommendation read.
Personal use
He explained that Estiñoso “converted” the patrol car for his personal use.
He cited a National Police Commission circular that stated that the maximum penalty should be imposed if only aggravating circumstances are present and there are no mitigating circumstances.
Sales considered the use of the patrol car, which is government property, during his official tour of duty an aggravating circumstance.
Sales’ recommendation will be submitted to the Regional Internal Affairs Service and then to Police Regional Office 7 Director Ronald Roderos for approval. (MEA)