The Court of Appeals has upheld the resolution of the Ombudsman ordering the dismissal from service of a Makati City prosecutor who was arrested for extorting P10,000 from a litigant in exchange for the speedy resolution of a traffic-related case.
In an eight-page decision, the CA’s Twelfth Division through Associate Justice Florito Macalino dismissed the petition for review filed by Makati Assistant City Prosecutor Rocky Caponong seeking the reversal of the Ombudsman resolution dated February 5, 2013 ordering his removal from service.
The anti-graft body resolution also ordered the forfeiture of his retirement benefits and his perpetual disqualification from holding public office.
The appellate court did not give credence to Caponong’s claim that the amount he demanded and accepted from private complainant Herminio Sablawan Jr. is for the procurement of the repair of the latter’s vehicle.
The appellate court also said the complainant’s claims should be given more weight because he was able to clearly narrate his case against Caponong.
The CA added that Caponong failed to substantiate his allegations that the arresting officers fabricated the evidence against him.
“In the absence of such ill-motive on the part of the arresting officers, the presumption of regularity in the performance of official duty by the arresting officers and the finding of credibility of private complainant and his witnesses must prevail over petitioner’s self-serving claim of having been ‘framed-up’,” it pointed out.
Associate Justices Mariflor Punzalan Castillo and Zenaida Galapate-Laguilles concurred with the ruling.
In his complaint, Sablawan said he filed a case against a bus driver and that on May 27, 2012 he went to the office of Caponong for the hearing of the case.
During the hearing, Caponong asked him about the job estimate of his vehicle and that he got angry when he was unable to produce such estimate.
Caponong later demanded P10,000 for the speedy resolution of his case.
Sablawan decided to seek assistance from the media and police authorities to entrap the prosecutor.
On May 24, 2012, Caponong was arrested by police authorities after receiving P5,000 marked money from Sablawan.