Six Naga cops sued for warrantless arrest

CEBU, Philippines - Six policemen of the Naga City Police Station were sued after they allegedly arrested a man without a warrant.

Fortunato Lapiz, a resident of Langtad Naga City, Cebu filed a complaint before the Provincial Prosecutor’s Office for violation of Republic Act 7438 or “An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation.”

The complaint is against Police Senior Inspector Rolando Evalle, PO3 Romeo Bolaño, PO2 Cristino Canono, PO1 Bernard Otida, PO1 Diosdado Paunil Jr., and PO1 Michael Villarmia.

Lapiz said the six policemen arrested him in his house at Langtad at around 10:00 p.m. on January 2011.

He said he was asleep when the police went to his house and without showing any warrant, brought him to the Naga City Police Station and put him in jail.

Lapiz said he was released only after the Regional Trial Court Branch 20 of Cebu City ordered the police to release him. He claimed not one of the six informed of his rights.

Lapiz said he was only informed and learned of his right to remain silent and to hire a counsel when lawyer Marcelo Pacalso visited him.

“I knew of that right only when Pacalso visited me sometime in the late part of March 2011, for he told me that it was my right to be informed and I could have had legal assistance of a counsel of my own choice,” Lapiz said.

Lapiz filed a case for illegal detention against the policemen.

Meanwhile, in their joint affidavit, the police officers stated they were instructed to conduct a hot pursuit operation against Lapiz, whom they knew to be a suspect for the rape of a 17-year-old in Langtad, Naga City.

They said they went to Lapiz’s house, arrested him, and informed him of his constitutional rights before they brought him to the police station. (FREEMAN)