CA affirms dismissal of Richard Gomez complaint vs. cops over drug links

The Court of Appeals (CA) has affirmed the dismissal of the complaint filed by actor and Leyte Representative Richard Gomez against three former police officers who linked him to the illegal drug trade.

In a 12-page decision, the CA Thirteenth Division sided with the ruling of the National Police Commission (Napolcom) which dismissed the administrative case for grave misconduct, dishonesty, and conduct unbecoming of a police officer against then Police Chief Inspector Jovie Espenido, Police Chief Inspector Leo Laraga and Police Officer 3 Hydie Yutrago.

“We find that the petitioner, therefore, lacks the legal standing to sue. Considering that the petitioner has no legal interest or standing to appeal and seek the nullification of the assailed decision and resolution,” it said.

“We thus find no need to delve on the merits of the case,” it added.

In November 2016, then Ormoc Mayor Gomez filed a complaint against the three cops after he was publicly named as one of those involved in the illegal drug trade with the Espinosa family without personal knowledge as to its veracity.

Napolcom then dismissed the complaint for lack of substantial evidence.

In his petition before the CA, Gomez argued that he has a right to move for reconsideration as he is not a mere witness in the case.

However, the CA said that in administrative cases, appeals are extended to the party that was adversely affected by the decision. It said this refers to the government employee whom the case was filed for or the disciplining authority.

“The fact that the petitioner is the then Mayor of Ormoc City is of no moment. It is established that in administrative cases, a complainant is a mere witness,” it said.

“No private interest is involved in an administrative case as the offense committed is against the government. In fact, the Supreme Court has held that a private complainant in an administrative case has no right to appeal,” it added.

The decision was promulgated on January 23, 2024. —LDF, GMA Integrated News