Friday, August 29, 2008
Policeman files complaint v. superiors for his dismissal
FOUR years after he was dropped from the Philippine National Police (PNP) rolls, a policeman accused his superiors of being dishonest when they fired him.
Ninolito Aberion, formerly police officer 1 in the Regional Mobile Group (RMG) 7, filed a complaint for “dishonesty, conduct prejudicial to the service and grave misconduct” against Supt. Jesus Gaquing Sr. and PO3 Jonathan Sestoso.
He sent his letter-complaint to National Police Commission Regional Director Bernardo Calibo last Aug. 21, saying his superiors’ act was punishable under the Civil Service Law and PNP Law because they disregarded his motion for reconsideration.
Reconsideration
According to Aberion, when he was dropped from the PNP rolls on Nov. 3, 2004, he submitted a motion for reconsideration within the given period of three days.
Gaquing issued an order dated Feb. 17, 2005, rejecting Aberion’s motion.
Gaquing claimed in his order that Aberion filed the motion only on Feb. 4, 2005, two months after the lapse of the three-day period for filing a motion for reconsideration.
Aberion alleged, though, that he submitted his motion in November 2004 but it was declared “lost”.
Tuberculosis
In his order denying the motion, Gaquing said Aberion had gone AWOL (absent without official leave) beginning on Oct. 18, 2004.
Gaquing said Aberion justified his absence by pointing to family and financial problems, saying his father had tested positive for tuberculosis.
“(Aberion) likewise mentioned the illness of his father (...) that caused him mental, emotional and physical problems in finding enough money for the medication and treatment,” the order read.
Gaquing ruled that Aberion’s reasons for his absence were “flimsy”, unjustifiable and lacking in merit.
Aberion countered that he was not AWOL but that he was temporarily pulled out of his post to fill in as garrison guard in September to October 2004.
PO1 Art Abatayo claimed he asked Aberion to take his place as garrison guard at Camp Ceperino Genovia in Sibonga, Cebu while he attended to his sick daughter.
Operators
PO1 Sergio Jayme Jr. also claimed that sometime in October 2004, four officers, including Aberion, were pulled out from duty as garrison guards to serve as telephone operators.
However, Sestoso, who was at the time assigned to supervise the attendance of the RMG 7, submitted an affidavit saying that Aberion was found AWOL beginning on Oct. 18, 2004.
Aberion was reportedly sent a notice on Oct. 21, 2004 directing him to report for duty by Oct. 25.
However, Aberion allegedly never returned for duty, even in the next month.
In his complaint, Aberion claimed that Gaquing and Sestoso deprived him of his human right to property through work.
He accused them of violating the PNP code of conduct and ethical standards, including “integrity, justice, honesty, truthfulness, loyalty and respect to human rights.” (KAB)
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