Cop didn't inform arrestee of her rights?

 CEBU, Philippines - A policeman accused of failing to inform an arrested woman of her rights pleaded not guilty to the charges.

During his arraignment last Tuesday before Regional Trial Court Branch 18 Judge Gilbert Moises, PO2 Marvin Sanson entered a plea of not guilty to violating Paragraph (a), Section 4 of Republic Act 7438 which defines the rights of persons arrested, detained or under custodial investigation.

He was assisted by his counsel Leilani Trini-dad-Villarino.

Earlier, the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices elevated the criminal case before the court against Sanson after finding probable cause.

Under the said provision, the failure of the arresting officer to inform any “person arrested, detained or under custody” of his right to remain silent and to be assisted by a counsel in his own choice will be fined P6,000 or meted a penalty of imprisonment of not less than eight years but not more than ten years.

Graft investigator Conrado Estreller Jr. said he found out that the accused failed to inform Christine Solante of her right to remain silent during custodial interrogation.

SPO1 Rene Sultan, a co-respondent who was cleared from the charges due to insufficient evidence, said on Sept. 30, 2011 he received an alarm that a woman had an armalite rifle in her car.

He and Sanson responded the alarm and apprehended Solante, who was the wife of a policeman.  He added they proceeded to Solante’s apartment. 

Inside the apartment, Sultan said he only waited in the sala while Sanson went upstairs to get the rifle.

Sanson denied the allegation.

Esteller said during the time of the arrest, Solante did not violate any law.

“The M16 armalite rifle allegedly reported by a security guard was not in the possession of the complainant when respondents accosted her to the police station for investigation,” the resolution read.

The pre-trial of the case is set on Nov. 7, 2012.

He said Sanson cannot “hide under the cloak of invitation or request” when he apprehended Solante and brought her to the Fuente Police Station and asked the whereabouts of the rifle.

Esteller said instead of respecting the right of Solante to remain silent, the accused asked the latter leading to the revelation of the whereabouts of the rifle.   (FREEMAN)