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G.R. No. 128305 March 28, 2005FELINO QUIAMBAO,Petitioner,vs.THE COURT OF APPEALS, NATIONAL APPELLATE BOARD, Represented by its CHAIRMAN FEDERICO S. COMANDANTE and MEMBERS, ATTYS. ROBERTO T. AGAGON and ADELAIDA T. AGUILOS of the NATIONAL POLICE COMMISSION, RAUL S. IMPERIAL, Police Chief, Philippine National Police and ESPIE S / L CATOLICO,Respondents.D E C I S I O NTINGA,J.:This petition assails the Resolution1dated 10 January 1997 of the Court of Appeals which affirmed the Decision2dated 25October 1993 and the Resolution3dated 27 December 1993 of National Appellate Board (Board), Third Division, National Police Commission (NAPOLCOM). The Board’s ruling in turn, which likewise affirmed the Decision4dated 31 October 1992 of Acting PNP Chief and Police Deputy Director General dismissing PO3 Felino Quiambao from the policeservice.The operative facts of the case follow:On 22 December 1990, at around 8:00 in the evening, Espie Catolico (Catolico) was walking along Capulong Street in Tondo, Manila, inquiring as to the whereabouts of her housemaid Gynalin Garais who left the house the day before. After having asked her neighbors and bystanders to no avail, an old woman told her that a certain policeman was looking for her as her housemaid was in his custody. She went to the area as directed by the old woman but there she was allegedly accosted by petitioner, PO3 Felino Quiambao, a member of the Philippine National Police (PNP), Western Police District Command, and five (5) other persons. Quiambao and his companions forcibly took Catolico’s handbag and carried away its contents consisting of precious assorted merchandise, jewelry and other personal items worth approximately Nine Thousand Pesos (P9,000.00). Thereafter, petitioner forcibly herded Catolico to his owner-type jeep and brought her to the dimly lit portion of North Harbor and, while thereat, he slapped her on the face several times and warned her not to look anymore for her housemaid.5In view of the incident, Catolico filed a sworn statement on 24 June 1991 with the PNP Inspectorate Division, accusing petitioner and six (6) others, with robbery-holdup and mauling committed on 22 December 1990.6The complaint was corroborated by Grace Commendador who witnessed the actual incident and confirmed the statement of Catolico.7On 22 August 1991, Catolico filed another administrative complaint with the Office of the Hearing Officer at NAPOLCOM, Western Police District, Manila, charging petitioner with grave misconduct for the same incident which occurred on 22 December 1990.8An investigation was conducted on this administrative charge by the Office of the Hearing Officer of NAPOLCOM. On 30 March 1993, the case was forwarded to the City of Manila’s People’s Law Enforcement Board (PLEB) for adjudication.9The PNP Inspectorate Division likewise conducted an investigation on the charges filed. On 31 October 1992, the Summary Dismissal Hearing Officer (SDHO) recommended the dismissal of petitioner. This recommendation was approved by Acting PNP Chief and Police Deputy Director General, Raul S. Imperial (Acting PNP Chief).10

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