Ombudsman: No injustice ex-cop's case

Press Release
By Office of the Ombudsman
August 24, 2010

QUEZON CITY  –  The Office of the Ombudsman maintains that there was no injustice in the case of P/SInsp Rolando Mendoza.

In a press statement, Assistant Ombudsman Jose T. de Jesus, Jr. explained that Mendoza and the other respondents filed their motion for reconsideration (MR) on the Decision, dismissing them from the service, beyond the 10-day period. Despite this, Deputy Ombudsman for the Military and Law Enforcement Offices (MOLEO) Emilio Gonzalez III accepted the MR and assigned it to a new investigator so he can have a fresh look into the case.

The OMB-MOLEO resolved the motion and submitted it to the Office of Ombudsman Ma. Merceditas N. Gutierrez. The case is at present undergoing review by the lawyers at the Ombudsman Gutierrez’ office for their recommendation until this unfortunate incident occurred yesterday.

As the crisis was on-going last night, Manila Vice-Mayor Isko Moreno met with Ombudsman Gutierrez to relay Mendoza’s demands. According to Moreno, Mendoza wanted that the case against him be dismissed and he be reinstated. Moreno then called Mendoza for him to be able to talk to Ombudsman Gutierrez. The Ombudsman in turn and assured him that she will personally look into the case, and that it will be resolved within 10 days. After the meeting, Ombudsman Gutierrez immediately ordered the lawyer reviewing the case to turn over the case folder to her.

Moreno asked the Ombudsman to write a formal letter confirming their conversation which he brought to Mendoza.

Mendoza, PInsp Nelson Lagasca, SPO1 Nestor David, PO3 Wilson Gavino and PO2 Roderick Lopena, all of the Manila Police District were charged with robbery, extortion, grave threats and physical injuries before the Internal Affairs Service of the Phil. National Police (PNP) by one Christian Kalaw.

In his complaint, Kalaw stated that on 09 April 2008, while his car was parked along Vito Cruz St., corner Taft Ave., Gavino and Lopena approached and while standing in front of his car told that he parked on a ‘No Parking area”. The two then accused him of being a drug user, conducted illegal search of his car, and took the P3,000.00 placed on the ashtray of his car.

He also stated that when the police officers found that he has a BPI ATM card, he was ordered to give his ATM pin and car and they tried to withdraw from his account.

He also stated that he was brought to the Ospital ng Maynila for a medical check-up, and while at the parking lot, David and Lopena grabbed his neck and forced him to swallow a suspected “shabu”. Kalaw also claimed that the respondents were demanding P200,000.00 “or this will be at the Fiscal's Office in the morning”. He said one of his friends gave him the amount of P20,000.00 which he gave to Gavino.

They were initially reassigned to ARMM, and subsequently preventively suspended for 90 days on the ground that the charges against them were serious and evidence of guilt was strong.

Then Kalaw’s father went to DO Gonzalez pleading that the Office of the Ombudsman take over the case because they feared for their lives, after the wife of Mendoza herself went to their house and delivered to them a copy of the summon reportedly coming from the PNP.