CEBU, Philippines - Two members of the Cebu City Special Weapons and Tactics (SWAT) team are in hot water for allegedly mauling a student from Papua New Guinea last Sunday morning in Barangay Banilad.
PO1 Philip James Tanza, 28, and PO2 Bradford Lavandero, 32, were relieved from their posts yesterday and are now assigned with the Holding Unit of the Cebu City Police Office pending results of the investigation.
The Investigation and Detective Management Branch (IDMB) is tasked to handle the investigation against the two.
Tanza and Lavandero responded to an alarm that a foreigner, later identified as Bennidict Penini, was creating trouble near Alicia Tower.The two could not subdue Penini as he was allegedly unruly and wild. This prompted them to call the Mobile Patrol Group for assistance.
When the police arrived, Penini was holding a stone and could not be pacified.
Using the stone, Penini allegedly hit the face of taxi driver, Giovanni Catib, who was in the area waiting for passengers.
This time, the police were able to subdue Penini. They allegedly kicked and hit him with the butt of an armalite rifle.
The reported mauling was caught on video by the crew of a local television station who came to area to cover the incident.
Penini was taken to the Tourist Assistance Center (TAC) where he was detained.
Penini, 29, is temporarily resident at Alicia Tower.He is among the 29 PNG students enrolled in one of Cebu City’s universities. He is reportedly a son of a member of the Papua New Guinea parliament.
Supt. Arnel Banzon, Deputy City Director for Administration, said Tanza and Lavandero should not be judged pending results of the investigation.
“Dili dayon unta mo-react kay if naay sala, i-agi ug due process pero kung wala its another story,” Banzon said.
Banzon said if Tanza and Lavandero will be found to have committed a grave offense, the case will be endorsed to the Police Regional Office (PRO) 7 to avoid whitewash.
Tanza and Lavandero yesterday filed a complaint of direct assault to person in authority before the City Prosecutor’s Office against Penini. In an inquest proceeding, Penini, assisted by his counsel Fritz Lastimosa, opted not to file a counter-affidavit.
Upon evaluation of the complaint, State Prosecutor Aida Sanchez, ruled that the elements of direct assault were not present and she recommended the filing of resistance to arrest against Penini.
Sanchez recommended a bail of P2,000.
In a joint-affidavit, Tanza and Penili said that they tried to pacify Penini who was unruly and throwing stones at a group of bystanders.
They introduced themselves as policemen but Penini did not listen and instead threw stones at them and at a taxi driver.
The policemen said they sustained bruises because of Penini’s attack.
“Sensing the said foreign national can no longer be handled in a diplomatic manner, we decided to apply tolerable force against him, brought him down to the ground and eventually apprehended him,” the joint-affidavit reads.
Catib, on the other hand, plans to file physical injuries complaint against Penini.
Catib, 43, vowed to defend Tanza and Lavandero during the investigation.
“Kung dili pa tungod nila wa ko kahibaw ug naunsa nako karon. Kinsa na man lang ang mubuhi sa akong mga anak?” Catib said. (They saved me. Who will take care of my kids if something bad happened to me?)
He added Tanza and Lavandero were calm when they approached Penini and they only subdued the foreigner after he hit his (Catib) face with a stone.
“Naluoy ko nila nga matangtang sila sa serbisyo kay kung wala lang ko gihapak og bato, dili to magubot,” he said. (I pity them if they will be discharged from service. It wouldn’t have happened if I was not hit with a stone.) — /MBG (FREEMAN)