The Sandiganbayan Fifth Division has convicted former Negros Oriental Provincial Administrator Richard Rafal Enojo for Graft for using the Philippine National Police (PNP) to summon private individuals and settle a land dispute.
In a 41-page decision written by Chairperson Rafael Lagos and concurred by Associate Justices Maria Theresa Mendoza-Arcega and Maryann E. Corpus-Mañalac, dated October 18, Enojo was sentenced to an indeterminate penalty of six years and one month imprisonment as minimum up to eight years as maximum, with perpetual disqualification from holding public office.
Enojo was found guilty beyond reasonable doubt of violating Section 3(a) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act for using the PNP — Dauin Police Station to summon Ralph Gavin Hughes, Melinda A. Regalado and Atty. Ligaya Rubio Violeta to attend a conference with him regarding a land dispute.
Section 3(a) penalizes any public officer who “persuades, induces or influences another public officer to perform an act constituting a violation of rules and regulation or an offense in connection with the official duties of the latter.”
While not denying that he sought the assistance of the PNP on Feb. 7, 2013, Enojo said that he was not yet appointed as Provincial Administrator when he made the request from the PNP, as he was appointed as Provincial Administrator only on Feb. 5, 2014 or almost a year after the act was allegedly committed.
Enojo was Provincial Legal Officer at the time of the complained act, a position he held Dec. 31, 2011.
“The Information speaks for itself. Based on the Information, the accused is sued as ‘a high-ranking public official being then the OIC, Provincial Legal Officer/Provincial Administrator of the Province of Negros Oriental,’ not exclusively as ‘Provincial Administrator,’” the court said.
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The Sandiganbayan also noted that the police had no specific power or function in sending the radio message or telegram to Ralph Gavin Hughes, Melinda A. Regalado and Atty. Ligaya Rubio Violeta.
The Chief of Police of Dauin testified that the role of the police is to protect lives and properties, so they conduct checkpoints and mobile patrols. But the Court noted that the police did a different thing for Enojo in this case since there was no reported threat or danger, nor was there any crime committed or any threat to investigate.
“In sum, the accused did in fact persuade, induce or influence the Dauin Police…to act beyond the scope or in violation of its powers and functions,” the court said.
Enreque Ansonio, the Acting Chief of Police of Dauin in 2013, told the Court that private individuals cannot be called to the police station who are not under criminal investigation. Neither can the public request the police to call persons to a conference regarding civil disputes. Instead, the court said that Enojo should have referred the matter to the barangay for mediation.
“It was clearly beyond the scope of the law enforcement powers of the police…It was simply kowtowing to a personal request by a self-professed claimant or putative owner of a 1/8 portion of a parcel of land…without any document or evidence to support the claim.” (IFBP)
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