By Ashzel Hachero

THE Court of Appeals has upheld its December 2023 ruling finding former Metro Manila police chief Samuel Pagdilao liable for simple neglect of duty over the general’s supposed failure to curb the proliferation of illegal drugs.

Pagdilao was dismissed from the service in 2017 by then-President Rodrigo Duterte, who had accused him and other police officials of protecting drug traffickers.

In a 2-page ruling promulgated last July 29, the appellate court’s Former Eight Division denied the motion for reconsideration filed by the Office of the Solicitor General seeking a reversal of the assailed ruling.

In its motion, the OSG argued that Pagdilao should be held liable for serious neglect of duty as he routed the letter from then Quezon City Vice Mayor Joy Belmonte containing comments from residents that were critical of the performance of the Stations Anti-Illegal Drugs Special Operations Task Group (SAIDSOTG) and for assigning police officers with no training and with derogatory records to the group.

The OSG stressed that Pagdilao’s decision to route Belmonte’s letter to the District Anti-Illegal Drugs Special Operations Task Group (DAIDSOTG) and the District Police Community Relations Division (DPCRD) was not enough because a memorandum circular issued by the National Police Commission mandates that official reports against police personnel should undergo a preliminary investigation by the Directorate for Investigation and Detective Management.

But the appellate court rejected the OSG’s arguments, saying that the Napolcom circular it cited pertains to a specific situation where PNP uniformed personnel are to be subjected to a preliminary investigation.

“In this case, the report attached to the letter contained general criticisms of several SAIDSOTGs operations. Further action would have to be undertaken before the police officers responsible are specified, and thereafter, subject to preliminary investigation,” the CA ruling penned by Associate Justice Jaime Fortunate Caringal said.

Concurring with the ruling were Associate Justices Ramon Cruz and Louis Acosta.

It added that routing Belmonte’s letter to DAIDSOTG and DPCRD, prior to DIDM, appeared to be the more reasonable course of action.