CA dismisses complaint filed by Richard Gomez vs Leyte cops

MANILA - The Court of Appeals has dismissed the petition for review filed by Leyte 4th District Rep. Richard Gomez against policemen who implicated him in the illegal drug trade of the Espinosa clan in Albuera town.

In the decision of the13th Division, the court affirmed the decision of the National Police Commission exonerating Police Chief Inspector Jovie Espenido, Police Officer 3 Hydie Yutrago, Police Chief Inspector Leo Laraga of grave misconduct, dishonesty and conduct unbecoming of a police officer for lack of substantial evidence.

The case stemmed from the complaint-affidavit of then Ormoc City mayor Richard Gomez filed in 2016 after he was publicly named as one of those involved in the drug trade with the Espinosa family in Albuera.

Gomez argued before the CA that he has the right to move for reconsideration but the court said he has no legal standing to sue.

“Considering that the petitioner has no legal interest or standing to appeal and seek the nullification of the assailed Decision and Resolution exonerating the individual respondents from the administrative charge of grave misconduct, dishonesty and conduct unbecoming of a police officer,” the CA said in the decision penned by Associate Justice Eleuterio Bathan.

The CA also said the fact that petitioner Gomez was the then mayor of Ormoc is “of no moment.”

“As a general rule, one having no right or interest to protect cannot invoke the jurisdiction of the court as a party-plaintiff in an action,” the CA said.

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