1. Summary Dismissal Board v.

Torcita, 330 SCRA 153 (2000)

Facts:

On April 26, 1994, Major Lazaro Torcita was off-duty, coming from a party, was driving his Cortina
Ford and was overtaken by a Mazda pick-up, on board Alex Edwin Del Rosario and company which
afterwards sped up. Allegedly, because of the vehicular collision that almost took place, Major Torcita
pursued the Pick-up truck leading to Hacienda Aimee, owned by Congressman Puey. Upon entering
the compound of Hacienda Aimee , Torcita was denied entry. Complainants alleged that Torcita
confronted them and that he was yelling and hurling invectives. They filed 12 complaints against him
and was consolidated into one major complaint which is “conduct unbecoming of a police officer.”
The board dismissed the complaint but found him guilty of simple irregularity in the performance of
duty, suspending him for 20 days for having taken an alcoholic drink during the incident. Torcita
appealed and Regional Trial Court, affirmed by the Court of Appeals reversed the decision of the
Petitioner Board. Petitioner contend that “Conduct Unbecoming of a Police Officer” is broad enough
to include any act of an officer which tends to bring dishonor and disgrace to the PNP organization,
while Major Torcita contends that he cannot be sentenced for an offense he was not charged, and
such was a violation of procedural due process of law.

Hence, this instant petition for review on certiorari.

Issue:

Whether or not conviction is null on the ground of lack of procedural due process of law?

Ruling:

Yes. The Court is unable to sustain the theory of the petitioners that the definition of "conduct
unbecoming of a police officer" as earlier granted, is broad enough to include any act of an officer
which tends to bring dishonor and disgrace to the PNP organization, and that there is "no legal
prohibition" which would prevent the Summary Dismissal Board from finding petitioner guilty of
the lesser offense. While the definition of the more serious offense is broad, and almost all-
encompassing, a finding of guilt for an offense, no matter how light, for which one is not properly
charged and tried cannot be countenanced without violating the rudimentary requirements of due
process. The 12 administrative cases filed against him made no mention of offenses or made
reference to the specific act of being drunk while in the performance of official duty. The omission is
fatal to the validity of the judgment finding him guilty of the offense for which he was not notified nor
charged. Despite the summary nature of the proceeding, Torcita was entitled to know that he was
being charged with being drunk while in the performance of duty, so that he could traverse the
accusation squarely and adduce evidence in his defense. The absence of specification of the offense
for which he was eventually found guilty is not a proper observance of due process. There can be no
short-cut to the legal process..

A decision is void for lack of due process if, as a result, a party is deprived of the opportunity of being
heard. A void judgment never acquires finality. Hence, aforementioned decision cannot be deemed to
have become final and executory.