On orders of higher headquarters, the PNP Directorate for Investigation and Detective Management (DIDM) has begun the pre-charge investigation on Superintendent Antonio Gumiran and Senior Inspector Jeff Briones Uy, assigned with the PNP Directorate for Operations and the Special Action Force, respectively.
They are facing the administrative cases for "conduct unbecoming of a police officer."
Gumiran and Uy are in hot water for allegedly trying to prevent agents of the Bureau of Immigration and the National Bureau of Investigation (NBI) from arresting Jason Aguilar Ivler in his cabin on the M/V Lady Mary Joy docked at the Port of Zamboanga City.
Gumiran, Uy and a local police officer were escorting Ivler while the Fil-American was about to flee to Sandakan, Malaysia through the southern backdoor.
Ivler faces charges of homicide through reckless imprudence for the death of Ponce and injuries to his wife last Aug. 8 on the C-5 flyover in Ortigas, Pasig City.
Ponce, a former representative of the second district of Manila, was killed when Ivler’s Toyota Prado bearing diplomatic plate 23370 crashed into his Isuzu Trooper at 5:30 a.m.
Ivler was released on bail the other day.
If found guilty, the two police officers face the maximum administrative penalty of dismissal from the service without prejudice to the filing of appropriate criminal charges against them in court.
PNP spokesman Chief Superintendent Joel Goltiao said the DIDM investigation will also focus on determining if there are other PNP personnel involved in the incident, and establish their culpability based on the extent of their participation.
"We are not condoning the actions of these officers. Their involvement is purely on their own personal capacity. They should face the consequences of their actions," Goltiao said.
Initially, he said the DIDM investigation showed that the incident was "not service related" and the alleged involvement of the police officers concerned were by no means in performance of official duty.
Goltiao said the PNP is leaving it to the NBI to file criminal charges against Gumiran and Uy for alleged obstruction of justice.
Meanwhile, NBI Director Reynaldo Wycoco vowed not to give up on the case, saying an ex-parte motion to oppose bail is being heard at the sala of Pasig City Judge Rowena Modesto San Pedro.
"If and when the court grants the motion, we will try to arrest him again," he said. – With Cecille Suerte Felipe