ADVERTISEMENT
FIRST DIVISION
[G.R. No. 256202. November 18, 2021.]
ERLINDA OMAL y LARA, petitioner,vs. SPO1 JULIENNE J. DELCO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated November 18, 2021which reads as follows:
"G.R. No. 256202—ERLINDA OMAL y LARA,petitioner,versusSPO1 JULIENNE J. DELCO, respondent.
Before the Court is a Petition for Review on Certiorari1 (Petition) under Rule 45 of the Rules of Court filed by petitioner and private complainant Erlinda Omal y Lara (Omal) assailing the Court of Appeals (CA) Decision 2 dated August 15, 2019 in CA-G.R. SP No. 153369 which affirmed the Decision and Resolution of the People's Law Enforcement Board (PLEB) which dismissed Omal's administrative complaint against respondent SPO1 Julienne J. Delco (SPO1 Delco) and exonerated her from the charge of grave misconduct and CA Resolution 3 dated March 11, 2021 which denied Omal's Motion for Reconsideration. HTcADC
Upon a judicious review of the Petition and its supporting documents, the Court resolves to deny the Petition. Omal, the private complainant, has no legal personality to appeal or elevate the dismissal of charges against SPO1 Delco.
It is already a settled doctrine that the private complainant does not have legal personality to appeal in administrative cases. The private complainant is not a party adversely affected by the decision; he or she is a mere witness for the government as no private interest is involved as the offended party is the government. 4
This doctrine is applicable to members of the Philippine National Police (PNP). In National Appellate Board (NAB) of theNational Police Commission (NAPOLCOM) v. Mamauag, 5 the Court held that the private complainant is not a party who can appeal in administrative cases involving members of the PNP, under Sections 43 and 45 of the Republic Act No. (RA) 6975 or the Department of the Interior and Local Government Act of 1990.
The Court held that members of the PNP are embraced in the phrase "civil service" under Section 2 (1), Article IX-B of the 1987 Constitution. 6 As well, Section 91 of RA 6975 provides that Civil Service Law and its implementing rules and regulations shall apply to PNP personnel. 7 Consequently, case law on administrative disciplinary proceedings also applies to PNP members. 8
WHEREFORE, in view of the foregoing, the instant Petition is DENIED.
SO ORDERED."Lopez, M., J.,on official leave.
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-17.
2.Id. at 18-29. Penned by Associate Justice Ruben Reynaldo G. Roxas with Associate Justices Ramon M. Bato, Jr. and Eduardo B. Peralta, Jr., concurring.
3.Id. at 30-31.
4.Ochoa, Jr. v. Dy Buco, G.R. Nos. 216634 & 216636, October 14, 2020, accessed at <https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/66791>.
5. G.R. No. 149999, August 12, 2005, 466 SCRA 624, 642.
6.Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.
7.National Appellate Board (NAB) of the National Police Commission (NAPOLCOM) v. Mamauag, supra note 5, at 640-641.
8.Id.