Chief Inspector Jefferson Descalllar, Cadiz police chief, was meted a one month suspension without pay for simple misconduct, in connection with the arrest and detention of a person mistaken to be one of the most-wanted persons in Western Visayas.

The penalty was recommended by the Office of the Deputy Ombudsman for the Military and other Law Enforcement Offices.

Similar charges filed against Supt. Cornelio Defensor, chief of the Western Visayas police Regional Intelligence and Investigation Division, and PO1 Richard Lampon, were dismissed by the Ombudsman after complainant Marcelino Palomo executed an affidavit of desistance.

The administrative complaint for grave misconduct against Descallar, Defensor and Lampon, stemmed from the arrest of Palomo in Hacienda Santa Ana, Brgy. Andres Bonifacio, Cadiz City in Feb. 10 last year.

Palomo who was mistaken for Romeo Palomo Jr., one of the most-wanted persons in Region 6 who has a reward of P60,000 for his arrest.

Despite the insistence of Palomo and his family that he is not the wanted person, Descallar and Lampon presented the complainant to Defensor at the Police Regional Office 6 in Iloilo City . He was later released after it was verified that he was not Romeo Palomo.

Graft Investigation and Prosecution Officer Lyn Llamasares, in her recommendation approved by Tanodbayan Merceditas Gutierrez, said “there is no showing that Descallar was inspired by an intention to violate the rules in arresting and detaining the complainant that will constitute grave misconduct”.

Llamasares, however, said Descallar was found liable only for simple misconduct, for failure to make appropriate verifications before he arrested and detained complainant, considering that his real name was not the same as that of the suspect in the robbery case.

Senior Supt. Rosendo Franco, provincial police director, yesterday said the order of the Ombudsman for the Military to suspend Descallar was already enforced after the decision was issued in November last year.

Elvira Guanzon, counsel of the complainant, asked why Descallar continues to discharge his duty as Cadiz police chief, if he is under suspension. The decision was made on Nov. 28, 2007 , yet.

Rowena Guanzon, another counsel of Palomo, said they have filed a motion for reconsideration on the decision of Military Ombudsman for downgrading from grave misconduct to simple misconduct the administrative complaint against Descallar.

She stressed that the respondent violated the constitutional rights of her client, with his arbitrary detention, which is tantamount to grave misconduct.

Defensor and Lampon denied any participation in the arrest and detention of Palomo.

Defensor said it was Descallar who informed him of the arrest of Palomo, and inquired about his reward.*GPB

back to top