CEBU, Philippines - Judge Anatalio Necesario of Municipal Trial Court in Cities (MTCC) Branch 2 dismissed the charges against a police officer and his brother for obstruction of justice.
PO3 Vicente Castañares and Edgar Tacatani were acquitted from the case of violation of Presidential Decree 1829, which penalizes obstruction of apprehension and prosecution of criminal offenders.
Necesario said the prosecution failed to prove the guilt of the respondents.
In a four-page order, Necesario said evidences presented showed no indication that respondents committed the crime.
Castañares claimed he was only questioning the validity of the warrant of arrest against Fernando “Puyo” Tacatani.
“Apparently, the records would show that there was no personal violence, or forewarning of violent and dire consequences that was employed by Castañares if the police officers would pursue their objective to detain Puyo,” the judge said.
It was SPO3 Miguelito Bondoc and SPO3 Nelson Tamunan of the Carbon Police Station who filed the complaint against Castañares and Tacatani before the Cebu City Prosecutor’s Office.
The complainant said they were tasked to serve the warrant of arrest against Puyo for violation of Presidential Decree of 1612 or the Anti-Fencing Law. This was on October 16, 2001, in Puyo’s residence in Pasil.
However, when they were about to apprehend Puyo, two persons arrived inside the beauty parlor and immediately closed the door, questioning the validity of the warrant of arrest as it was a photocopy.
They said what the two persons did gave Puyo an opportunity to escape.
But according to Castañares, he said he heard the conversation of several people about a bail bond of P1,000, and questions on who would take this to the court.
He then joined in the conversation of the two policemen, and his brother volunteered to bring the bail bond to court.
Castañares said he took Puyo to court and filed the bail bond. The case of violation of the Anti-Fencing Law was later dismissed by the court for non-appearance of the complainant.
“If the police officers had the intent to arrest his brother at that time, they could have done it easily,” he said.
According to Edgar Tacatani, when the police officers went inside the beauty parlor and asked where Puyo was, he then pointed Puyo who was inside the parlor. He claimed he did not bother to listen to the conversation as he was doing something else.
Judge Necesario ruled that what Castañares did was to merely ask about the authenticity of the warrant of arrest. (FREEMAN)