JUDGE James Stewart Ramon Himalaloan has junked the pleading that sought to reverse the denial of a petition filed by a former policeman who allegedly kept illegal drugs and explosives in his locker in Bogo City Police Station in 2016.
Himalaloan, of the Regional Trial Court Branch 7, denied for lack of merit the motion for reconsideration on the dismissal of the civil petition for certiorari filed by Moises Cunanan, who had asked to stop his former superiors from pursuing administrative cases against him.
“There is no grave discretion amounting to excess or lack of jurisdiction when respondent issued the decision as there is no showing the petitioner was denied the due process of notice and hearing,” read Himalaloan’s order.
The National Police Commission (Napolcom) dismissed Cunanan, a police officer 1, from service after 30 grams of shabu worth P354,000 and two fragmentation grenades were found in his locker last Dec. 26, 2017.
Complaints of illegal possession of explosives and violation of the Comprehensive Dangerous Drugs Act of 2002 were also filed against Cunanan before the Office of the Bogo City Prosecutor.
In his petition, Cunanan, who was then assigned in Dimiao police station in Bohol, said the PRO 7 had acted with grave abuse of discretion when it filed the charges against him.
The petitioner argued that the respondent and the prosecution issued their ruling without substantial evidence and without following the laws, edicts, and guidelines in disposing of administrative cases. (GMD)