Police face raps for "failure" to turn over accused to court

CEBU, Philippines - A suspected marijuana grower has filed a criminal complaint against the chief of police of Poro, Camotes and seven of his subordinates because of their alleged failure to turn him over to the proper judicial authority for almost one month despite the prosecutors finding probable cause against him.

Rodel Olitres, who was charged for violation of Section 16, Article II of the Republic Act 9165 before the Regional Trial Court in Danao City for allegedly growing marijuana, accused Police Senior Inspector Alexander Ancao, SPO3 Rito Garciano, SPO1 Rey Jaron, PO1 Patrick Mangubat, Gabriel Guinocor, Anthony Adizas, Rod Villamor and Clifford Jagdon of violating Article 125 of the Revised Penal Code otherwise known as delay in the delivery of detained person to proper judicial authority.

Olitres, thru his counsel Astrox Canama, filed the complaint before the Cebu Provincial Prosecutor’s Office.

In his affidavit, Olitres recalled that around 5:30 am on March 19, the respondents entered his house without any warrant and arrested him for allegedly cultivating marijuana.

On March 20, he was brought to the provincial prosecutor’s office for the filing of the criminal complaint. Olitres said that since he did not sign a waiver of detention, Assistant Provincial Prosecutor Petronio Elesterio then prepared the case to be filed against him in court.

Elesterio reportedly instructed the police to immediately file the information before the RTC in Danao City, but instead of bringing Olitres to the court, the respondents allegedly brought him back to the police station where he was detained for 26 days.

It was only on April 15 that the information of the case against Olitres was filed before the court in Danao City. Olitres said the police tried to file it on April 14 but the clerk of court in Danao City did not accept the documents since it was not the original information prepared by the prosecutor.

The policemen then had to go back to the provincial prosecutor’s office to ask for another set of original information of the case because their copy reportedly got lost.

Olitres said his detention at the Poro Police Station for 26 days has caused him and his family so much “damage and prejudice.”

Olitres said he also intend to file an administrative complaint against the respondents before the Office of the Ombudsman for the Military. — Fred P. Languido/JMO (THE FREEMAN)