ILOILO City – Sixteen personnel of the Iloilo City Police Office (ICPO), including its former director, were suspended for a month by the Office of the Ombudsman for the unlawful arrest of two bodyguards of a former city councilor.
The Ombudsman found them guilty of simple misconduct.
The suspended police officers were the following:
* Police Colonel Martin Defensor, former ICPO director
* Police Lieutenant Colonel Godfrey Buslotan, then Police Station 1 commander
* Police Lieutenant Colonel Jonathan Pablito, then Police Station 5 (Mandurriao) commander
* Police Major Marlon Valencia
* Edward Barrida, Police Officer 2
* Cyril Maestre, Police Officer 2
* John Marcel San Pedro, Police Officer 3
* Richard Ivan Lopez, Police Officer 3
* Oliver Lonasco, Senior Police Officer 2
* Jessie Jim Rubio, Police Officer 3
* Joel Novera, Police Officer 3
* Ricardo Morante, Senior Police Officer 1
* Vernie Escorial, Police Officer 2
* Melvin Nino, Police Officer 2
* Enrico Gonzales, Police Officer 2
* Peter Organia, Police Officer 2
Seventeen police officers were actually charged with grave abuse of authority, grave misconduct and conduct prejudicial to the best interest of public service.
But the Ombudsman acquitted Police Staff Sergeant Vincent Angelo Jongco for lack of evidence.
According to the Ombudsman, the 16 personnel “failed to prove” their arrest of former city councilor Plaridel Nava’s security aides Roy “Royroy” Delos Reyes, 42, of Barangay West Timawa, Molo district, and brother Rey Julius “Tata”, 34, in January 2019 were lawful.
The decision was signed by Avelino Macamus, graft investigator and prosecution officer; Yvette Marie Evaristo, acting director; Dennis Garcia, acting assistant ombudsman; and approved by Cyril Ramos, deputy ombudsman for military and other law enforcement officers dated Nov. 29, 2019.
It was Nava who filed the complaint. He sought the police officers’ dismissal from government service, forfeiture of their benefits and other emoluments, and perpetual disqualification from holding government posts.
The Delos Reyes brothers were arrested past noon on Jan. 7, 2019 at Nava’s office in the Iloilo City Hall in relation to a shooting three days earlier that left Nava’s cousin Mercedes Nava and her friend Erwin Fontillas dead in Barangay Calajunan, Mandurriao district.
According to the police, the arrest led to the recovery of three .45 pistols and a hand grenade. The Delos Reyes brothers were subsequently charged with illegal possession of firearms and explosives. (The case was eventually dismissed by the court.)
The policemen argued before the Ombudsman that the arrest was carried out without the need for an arrest warrant because they were on a “hot pursuit” operation.
Nava, however, said the so-called “hot pursuit” was no longer applicable in his security aides’ case.
Under 5 (b) of Rule 113 of the Revised Rules on Criminal Procedure, two conditions must be met for a warrantless arrest to be valid: one, the offender has just committed an offense; two, the arresting peace officer or private person has personal knowledge of facts indicating that the person to be arrested has committed the offense.
“Personal knowledge of facts in arrests without a warrant must be based upon probable cause, which means an actual belief or reasonable ground of suspicion,” said Nava, citing the case People vs Cubcubin Jr., GR No. 136267, July 10, 2001.
Nava pointed out that his cousin was killed on Jan. 4 around noon and the warrantless arrest of the Delos Reyes brothers was effected only after three days, on Jan. 7 at around 1:30 p.m.
“The first element which is ‘the offender has just committed an offense’ is clearly wanting,” according to Nava.
The councilor also argued that the policemen had no personal knowledge of facts showing that the Delos Reyes brothers committed the crime. They relied mainly on the information relayed by two “eyewitness” – one who alleged that she saw Roy shooting Mercedes while the other averred that she saw Rey Julius following Mercedes’ vehicle.
As to the firearms and grenade that the cops supposedly recovered from the Delos Reyes brothers, Nava said these were “planted’ by the policemen.
Nava further stressed it was quite impossible to bring unlicensed firearms inside city hall without metal detectors sounding the alarm.
Nava then criticized the police for the “haphazard” investigation on Mercedes’ killing.
There were available witnesses and evidence that were helpful but totally disregarded, he lamented.
He also noted that the sworn statements of the police’s witnesses were only signed and subscribed on Jan. 8, after the arrest of the Delos Reyes brothers on Jan. 7.
Part of the Ombudsman’s decision stated: “The warrantless arrests performed by the respondents do not constitute hot pursuit arrest contemplated under Section 5 (b) of the Rules on Criminal Procedure.”
“As held in analogous cases, such arrests are invalid. The arrests of Royroy and Tata took place three days after the shooting of Mercedes Nava and Erwin Fontillas, hence, they could not be reasonably regarded as effected when an offense has in fact just been committed within the meaning of Section 6 (b) which connotes an immediacy in point of time,” according to the Ombudsman.
“From the forgoing, this office finds substantial evidence to hold respondents who arrested Royroy and Tata administratively liable the simple misconduct, except for Police Staff Sergeant Jongco since he appeared to have no participation in the acts complained of. Their acts in illegally arresting without a warrant Royroy and Tata constitute unlawful behavior that transgressed an established norm of conduct to be observed by a public officer,” the Ombudsman furthered.
Simple misconduct is punishable under Section 52 (b) (2) of the Revised Uniform Rules on Administrative cases in the Civil Service with suspension for one month and one day to six months.
“There being no record of previous infraction by respondents, the penalty in its minimum period shall be imposed,” the Ombudsman said.
Panay News’ sources said the police officers’ suspension will start today (Sept. 16).
Their one month salary, their year-end bonus and other bonuses will be forfeited.
The 16 cops will reportedly file motion for reconsideration./PN
