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    Summary Dismissal v. Torcita (Digest)

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    TJ Paula Tapales Jornacion
    The Supreme Court ruled that Lazaro Torcita's right to due process was violated when he was found guilty of an offense ("breach of internal discipline by taking alcoholic drinks while in the performance of his duties") that he was not originally charged with. The 12 administrative complaints against Torcita had been consolidated into one charge of "conduct unbecoming of a police officer" but the dismissal board found him guilty of a lesser, uncharged offense without providing notice or substantiating the specific facts relating to that offense. The cursory conclusion in the board's decision was not enough to satisfy due process requirements that Torcita be informed of the specific charges against him and have an opportunity to defend himself.

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    Summary Dismissal v. Torcita (Digest)

    Uploaded by

    TJ Paula Tapales Jornacion
    293 views3 pages
    The Supreme Court ruled that Lazaro Torcita's right to due process was violated when he was found guilty of an offense ("breach of internal discipline by taking alcoholic drinks while in the performance of his duties") that he was not originally charged with. The 12 administrative complaints against Torcita had been consolidated into one charge of "conduct unbecoming of a police officer" but the dismissal board found him guilty of a lesser, uncharged offense without providing notice or substantiating the specific facts relating to that offense. The cursory conclusion in the board's decision was not enough to satisfy due process requirements that Torcita be informed of the specific charges against him and have an opportunity to defend himself.

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    Constitutional Law; Due Process

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    Summary Dismissal v. Torcita (digest)

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    The Supreme Court ruled that Lazaro Torcita's right to due process was violated when he was found guilty of an offense ("breach of internal discipline by taking alcoholic drinks while in the performance of his duties") that he was not originally charged with. The 12 administrative complaints against Torcita had been consolidated into one charge of "conduct unbecoming of a police officer" but the dismissal board found him guilty of a lesser, uncharged offense without providing notice or substantiating the specific facts relating to that offense. The cursory conclusion in the board's decision was not enough to satisfy due process requirements that Torcita be informed of the specific charges against him and have an opportunity to defend himself.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    293 views3 pages

    Summary Dismissal v. Torcita (Digest)

    Uploaded by

    TJ Paula Tapales Jornacion
    The Supreme Court ruled that Lazaro Torcita's right to due process was violated when he was found guilty of an offense ("breach of internal discipline by taking alcoholic drinks while in the performance of his duties") that he was not originally charged with. The 12 administrative complaints against Torcita had been consolidated into one charge of "conduct unbecoming of a police officer" but the dismissal board found him guilty of a lesser, uncharged offense without providing notice or substantiating the specific facts relating to that offense. The cursory conclusion in the board's decision was not enough to satisfy due process requirements that Torcita be informed of the specific charges against him and have an opportunity to defend himself.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Digest Author: TJ Paula T.

    Jornacion
    Summary Dismissal v. Torcita (2000)
    G.R. No. 130442

    Petitioners: Summary Dismissal Board and Regional Appellate Board, PNP, Region VI, Iloilo City
    Respondent: C/INSP Lazaro Torcita

    Doctrine: We are unable to sustain the theory of the petitioners that the definition of “conduct unbecoming of a police officer” as
    earlier granted, is broad enough to include any act of an officer which tends to bring dishonor and disgrace to the PNP organization,
    and that there is “no legal prohibition” which would prevent the Summary Dismissal Board from finding petitioner guilty of the lesser
    offense. While the definition of the more serious offense is broad, and almost all-encompassing a finding of guilt for an offense, no
    matter how light, for which one is not properly charged and tried cannot be countenanced without violating the rudimentary
    requirements of due process.

    Facts:
     12 administrative complaints were filed against Torcita which were then consolidated into one “major complaint” for “conduct
    unbecoming of a police officer” under Par. e, Sec. 3, Rule II, Memorandum Circular No. 92-006 pursuant to RA 6975.
     In 1994, at about 10:30 in the evening, a red Cortina Ford, driven by C/Insp. Lazaro H. Torcita, with his aide, PO2 Java, in the
    front seat and his wife with two ladies at the backseat, were overtaken by a mazda pick-up, in the vicinity of Sitio Puting
    Tubig, owned by Congressman Manuel Puey and driven by Consejo with four (4) passengers in the persons of and three (3)
    helpers employed under the Congressman.
     After the mazda pick-up has overtaken the red Cortina Ford, it accelerated speed and proceeded to Hda. Aimee, a sugarcane
    plantation in Cadiz City, also owned by Congressman Manuel Puey; The red Cortina Ford followed also at high speed until it
    reached Hda. Aimee where C/Insp. Torcita and PO2 Java alighted and the confrontation with Alex Edwin del Rosario and
    Jesus Puey, occurred.
     The Board gave credence to the affidavits and the testimony of C/Insp. Torcita that a vehicular collision almost took place due
    to reckless driving of the driver of the mazda pick-up and that it was the duty inherent to the position as Chief of Police of
    Cadiz City and as deputy of the Land Transportation Office to enforce traffic rules and regulation to prevent chaos and
    accidents in roads and highways of the country.
     The Board found that there was armed men near the gate of the compound pursuant to the testimony of Torcita (this event led
    him to call for back-up) and a metropolitan newspaper with nationwide circulation and with unquestionable credential which
    published a news item about the presence of armed security personnel of Congressman Manuel Puey. Thereafter, Torcita,
    together with the back-up force, proceeded to the place where Jesus Puey and del Rosario were.
     Chief Insp. Lazaro Torcita does not deny having taken alcoholic drink; However, not to the point of drunkness which the
    Board gave credence because: (a) no sane person will risk the life of a member of his family when he is mentally and
    physically incapable; (b) Torcita was able to drive a distance of 40 kilometers (Victorias to Cadiz City) on a dark night and
    raining and was also able to avoid the collision of the vehicles; and (c) he was fully aware of the presence of armed men when
    he entered the compound and reacted to this by exercising prudence while approaching the compound of Hda. Aimee
     Summary Dismissal Board Decision – Torcita committed Simple Irregularity in the Performance of Duty and is ordered
    suspended for 20 days and forfeiture of salary for the same period because he committed a breach of internal discipline by
    taking alcoholic drinks while in the performance of his official duties.
     Regional Appellate Board Decision – Dismissed for lack of jurisdiction.
     Regional Trial Court Decision – Annulled the decision of the Summary Dismissal Board due to lack of procedural due
    process.
     Court of Appeals Decision - affirmed the same for the reason that the respondent could not have been guilty of irregularity
    considering that “the twelve (12) cases treated as Conduct Unbecoming of a Police Officer were eventually dismissed.”

    Issue: Whether or not Torcita’s right to due process of law was corrosively abridged and impaired.

    Ruling:
    Yes.

    Memorandum Circular No. 92-006 – the decision shall contain “a brief statement of the material facts and the findings of the
    summary dismissal authority as well as the disposition thereof (Sec. 6).

    The cursory conclusion of the Dismissal Board that Torcita “committed breach of internal discipline by taking drinks while in the
    performance of same” should have been substantiated by factual findings referring to this particular offense.

    There is no indication or warning at all in the summary dismissal proceedings that C/Insp. Torcita was also being charged
    with breach of internal discipline consisting of taking alcoholic drinks while in the performance of his duties. The omission is
    fatal to the validity of the judgment finding him guilty of the offense for which he was not notified nor charged. Notification of the
    charges contemplates that respondent be informed of the specific charges against him. Torcita was entitled to know that he was being
    charged with being drunk while in the performance of duty, so that he could traverse the accusation squarely and adduce evidence in
    his defense. Although he was given an opportunity to be heard on the multiple and broad charges initially filed against him, the
    absence of specification of the offense for which he was eventually found guilty is not a proper observance of due process.

    We hold that the Court of Appeals correctly found that the decision of the petitioners Board was rendered without or in excess of
    jurisdiction, as respondent Torcita was found guilty of an offense for which he was not properly charged.

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