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CA upholds police official's suspension for cursing at cop

Camille Diola - The Philippine Star

MANILA, Philippines - The Court of Appeals (CA) has upheld the suspension order against a Manila Police District (MPD) commander for cursing at a lower ranking officer.

Associate Justice Ricardo Rosario dismissed the petition filed by MPD Station 8 commander Superintendent Ferdinand Quirante questioning the decision of a Manila Regional Trial Court against him.

"The motion for reconsideration filed by petitioner-appellant ... presented issues which have already been discussed and passed upon in our Decision promulgated on 07 June 2013 for which reason, we find no compelling reason to alter, modify, much less reverse the subject decision," the CA ruling stated.

Rosario and concurring Associate Justices Jane Aurora Lantion and Leoncia Real-Dimagiba also said that there was no error in the lower court's denial of the police commander's appeal for a writ on the suspension order against him issued by the Philippine National Police chief.

Quirante went to the local court after the police leadership suspended him for conduct unbecoming of a police officer for cursing at a lower ranking officer.

The police commander's motion was denied by the local court as well as by the appellate court. He also went to the National Police Commission, but the body also ruled against him.

Quirante was found guilty of slander and was suspended from duty for 30 days in 2009 for uttering obscenities against Police Oficer 2 Erwin Payumo who was then assigned to a police precinct in Bacood district.

The incident transpired in one of Quirante's surprise inspection at dawn in October 2005 in Sta. Mesa, Manila where Payumo was stationed.

The commander confronted Payumo for not bringing his flashlight before pushing him and forcibly taking his firearm.

Quirante then suspended Payumo for "gross insubordination."The lower ranking officer, meanwhile, sued Quirante for slapping his wrist and cursing at him.
 

ASSOCIATE JUSTICE RICARDO ROSARIO

ASSOCIATE JUSTICES JANE AURORA LANTION AND LEONCIA REAL-DIMAGIBA

COURT OF APPEALS

ERWIN PAYUMO

MANILA POLICE DISTRICT

MANILA REGIONAL TRIAL COURT

NATIONAL POLICE COMMISSION

PAYUMO

PHILIPPINE NATIONAL POLICE

POLICE

QUIRANTE

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