MANILA, Philippines — The Supreme Court (SC) has ordered the suspension for six months of a police officer who punched and kicked a female drug suspect during an anti-narcotics operation in Las Piñas City.
In a decision promulgated on April 3 but released only yesterday, the SC’s Third Division found Cpl. Herminio Besmonte guilty of simple misconduct for using excessive force and unnecessary coercion against the suspect.
Besmonte posed as a buyer during a drug sting conducted in Las Piñas to arrest the suspect.
When the woman resisted, Besmonte and two other police personnel exerted force to restrain and arrest her, with Besmonte punching her face and kicking her knee and abdomen.
The woman filed a complaint for physical abuse against Besmonte and the two other lawmen before the National Police Commission (Napolcom).
She presented a medical certificate that her left cheek and groin area were swollen.
The Napolcom found Besmonte administratively liable for inflicting violence on the suspect, punishing him with demotion by one rank.
Besmonte appealed the decision with the Civil Service Commission, but the CSC increased his penalty to dismissal from the police service.
The Court of Appeals upheld the CSC’s ruling, prompting Besmonte to elevate the case to the SC.
In resolving the case, the SC ruled that Besmonte was administratively liable only for simple misconduct since it was not proven that his actions were tainted with corruption or clear intent to violate the law.
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