Fiscal releases rookie cop nabbed for extortion

MANILA, Philippines - A Mandaluyong City prosecutor has ordered the release of a rookie Marikina policeman, who has been suspended at least 10 times, arrested for extortion last July 15.

“After circumspect evaluation of the records of the case, the office deems it necessary to determine the extent of culpability of respondent, thus the charges must be referred for further investigation,” Queruben Garcia, 3rd Assistant City Prosecutor said in a two-page resolution dated July 18 as he directed the Criminal Investigation and Detection Group (CIDG) to release Police Officer 1 Jaime Jan Brian Nicabera.

He set the preliminary investigation of the case on July 30.

The resolution was also signed by Senior Assistant City Prosecutor Lourdes Indunan and approved by Deputy City Prosecutor Bernardino Camba.

Records show that a sibling of a man, detained in the Pasig City Jail on drug charges, sought police assistance after Nicabera reportedly approached him and offered to have the case dismissed for P21,000.

The resolution stated that Nicabera claimed the men who arrested the drug suspect “were his buddies, who agreed to bungle the case if paid the amount.”

The complainant said he haggled until the amount was lowered to P15,000, but sought the help of the CIDG, whose operatives set up a sting to arrest Nicabera.

The complainant said yesterday he fears his family would be attacked following the prosecutor’s decision.

CIDG chief Director Benjamin Magalong expressed disappointment, noting that Nicabera was caught in the act of receiving marked money.

No grounds for dismissal

Meanwhile, National Capital Region Police Office (NCRPO) officer-in-charge Chief Superintendent Diosdado Valeroso said yesterday Nicabera’s suspensions were for 10 cases of simple neglect of duty and less grave neglect of duty for the past two years.

The two charges carry only a penalty ranging from three days’ to 50 days’ suspension, he said.

Valeroso said that under National Police Commission Circular 2007-001, the 10 cases filed against Nicabera cannot be used as grounds for his dismissal from police service because they neither fall under grave offenses nor has he been “repeatedly charged.”

The circular said a “recidivist” police officer is one who has been previously penalized for a grave offense and is again charged with another grave offense.

Under the same circular, a police officer who has been repeatedly charged is one who was formally charged administratively at least three times, found culpable for at least one charge and meted a penalty of not lower than 60 days’ suspension.

Nicabera was relieved from the Eastern Police District and reassigned to the NCRPO’s Regional Personnel Holding and Accounting Unit effective July 16.

Valeroso urged other victims of Nicabera to show up and file a formal complaint against him as he vowed to go after erring police officers in the NCRPO.