I’M referring to now retired Major General Joel Pagdilao of Philippine Military Academy ‘Maharlika’ Class of 1984 who got the best Christmas gift he could ever get after the Court of Appeals reversed a decision of former President Rodrigo Duterte to dismiss him from the police force over his alleged failure to curb the illegal drug trade in Metro Manila.

For me, the CA verdict which favored the former Quezon City Police district director who became the National Capital Region Police Office director in July 2015 will also be truly beneficial to other PMA graduates who suffered during the 6-year Duterte administration after they were branded by the firebrand official as ‘Narco-Generals.’

During the entire Duterte presidency, the officials led by then Deputy Director General Marcelo Garbo were subjected to regular tirades by the Commander-in-Chief and after being out from the service, were stripped of their bodyguards, licensed firearms and government benefits and worst of all, placed under surveillance.

Fortunately, they survived thru those years, thanks to the support of their families, relatives, friends and other colleagues who never left them knowing they were mere victims of politics, with nary a piece of evidence to bolster the filing of any criminal case against them in court which also turned out to be their best defense.

In a December 20, 2023 decision, the CA Eight Division modified the Office of the President’s October 2017 ruling that found Pagdilao liable for serious neglect of duty and serious irregularity in the performance of duty, and ordering his dismissal and said that was only liable for simple neglect of duty which calls for a reprimand.

Prior to that, the Office of the President during the Duterte administration upheld the recommendation of the National Police Commission that Pagdilao should be dismissed for ignoring a letter from then Quezon City Vice Mayor Joy Belmonte containing criticism from residents about the Stations Anti-Illegal Drugs-Special Operations Task Group, and for assigning officers with no training and with derogatory records to the anti-illegal drugs task group.

The Napolcom then also cited Pagdilao for allegedly failing to sanction police officers who contributed to the large number of acquittals in drug cases before the prosecutors and courts, caused by illegal arrests, unlawful searches, planting of evidence, bungling of drug cases and repeated failure of police officers to appear as prosecution witnesses, among others.

In its decision, the appellate court said Pagdilao was only liable for simple neglect of duty when he failed to reply to the letter from Belmonte, and should only be penalized with a reprimand. (I wonder if former Duterte officials will appeal the case of Pagdilao to the Supreme Court this time.)

It said this action did not fall under the offenses categorized as “grave” under a Napolcom Memorandum Circular, and was just considered an example of failure to “coordinate or cooperate with other law enforcement agencies and their personnel.”

This signifies “a disregard of duty resulting from carelessness or indifference, but not a flagrant or culpable refusal or unwillingness of a person to perform a duty, so as to amount to Serious Neglect of Duty,” it added.

The CA likewise pointed out that Belmonte’s letter was endorsed by Pagdilao’s subordinate to the concerned police units. Thus, it said that Pagdilao is not liable under the Doctrine of Command Responsibility for the bungled drug cases of police personnel because it was not shown that he had knowledge of these irregularities.

There was no evidence presented to show that the irregularities in the anti-drug operations were widespread or repeated, or that Pagdilao’s immediate subordinates were involved, it said.

The CA also cleared Pagdilao of serious irregularity in the performance of duty. The body agreed with Pagdilao that the police personnel who had derogatory records had already served their administrative sanctions, and that they were already on active duty and could be assigned as he sees fit.

“In this case, We find no misuse of police authority for wrong purposes on the part of the petitioner by the sole act of reassigning personnel, even if some of the personnel lacked qualifications,” it said.

The CA likewise disagreed with the Office of the Solicitor General’s position that police personnel with derogatory records should not be involved in anti-illegal drug operations. It said that having a derogatory record does not automatically mean a police officer no longer has trustworthiness, integrity, responsibility, and expertise.

“While derogatory records indicate transgressions of police officers in the past, the same cannot be used to brand them forever as someone who could not be trusted,” it added.

The CA decision was penned by Associate Justice Jaime Fortunato Caringal. Concurring were Associate Justices Ramon Cruz and Louis Acosta.

Indeed, the CA’s favorable decision on Pagdilao may also favor other police generals in a similar situation. Remember that apart from Pagdilao, then QCPD director, Chief Superintendent Ed Tinio of PMA ‘Sandiwa’ Class of 1985 was also sacked by Duterte for alleged ‘serious neglect of duty and serious irregularity in the performance of duty.’

Remember that then presidential spokesperson Ernesto Abella even claimed the two had a hand in the proliferation of drugs in their areas of responsibility because of ‘neglect’ in performing their duties well.

The two later faced then PNP chief, now Senator Ronald ‘Bato’ dela Rosa to say they are willing to face any investigation to clear their name. Both denied being ‘protectors’ of illegal drugs.

“In my 32 years of service, I have been fighting illegal drugs. My orders have always been to arrest and file cases against suspects, big or small. I don’t tolerate illegal drugs, My record speaks for itself,” said Joel, a brother of retired General and later ACT-CIS party-list representative, Attorney Sammy Pagdilao of PMA Class 1979.

Indeed, there were a number of police officers and men whose reputation were really besmirched during the Duterte presidency although no criminal charges were filed against them, obviously for lack of evidence and witnesses.

I still remember an incident when then President Duterte again did the unexpected when he unceremoniously fired the chief of the Bacolod City Police Office and four of his officers for their supposed involvement in illegal drugs, right in the midst of a private birthday party he attended.

Apart from Generals Garbo, Pagdilao and Tinio, the former president also accused then Generals Bernie Diaz and Vic Loot of being ‘narco-generals.’ Garbo is from PMA Class 1981, Diaz is a classmate from PMA Class 1984 of Gen. Pagdilao while Loot belongs to PMA Class 1982. Again, it is really sad to say that there were really no drug charges filed against them although their reputation was really destroyed during those years.