Tiamzons say evidence ‘planted’

CEBU, Philippines - Alleging that the evidence against them were “planted,” a couple, who are said to be leaders of the Communist Party of the Philippines-New People’s Army (CPP-NPA), and five others are seeking the dismissal of the criminal case they are facing before the Regional Trial Court in Toledo City.

Through their legal counsels, Benito Tiamzon, Wilma Tiamzon, Nona “Lorraine” Castillo, Jeosi Nepa, Joel Enano, Arlene Panea, and Rex Villaflor yesterday filed a motion for judicial determination of probable cause and asked for the outright dismissal of the complaints for violation of the comprehensive firearms and ammunition regulation act and for illegal possession of explosives.

They alleged that they were illegally arrested by Armed Forces of the Philippines and the Philippine National Police personnel on March 22, 2014 at the boundary of San Fernando and Aloguinsan towns near Carcar City.

Benito and Wilma, though, said that without any apparent reason Carcar City police vehicles and at least three motorcycles blocked their way. Thereafter, they said, they noticed that their van was surrounded by several men, some of whom were in police uniforms, carrying high-powered firearms.

The Tiamzons said that they were not doing anything illegal when they were arrested. They said they were ordered out of the van and told to raise their hands and line up beside their vehicles. The Tiamzons said they were all handcuffed and replied they did not have when asked if they had guns with them.

The rebel couple’s legal counsels alleged that a policeman, who did not introduce himself, read to the Tiamzons a supposed “photocopy” of a warrant of arrest for murder they were facing in Luzon. Asked whether the couple can be allowed to read the warrant, the policeman allegedly refused.

Illegal arrest

Though there was no warrant of arrest shown, Villaflor, Enano, Castillo, Nepa and Panea were also arrested.

“The herein five accused persons, on whom no previous warrants of arrest were issued, were not validly arrested without warrants on the occasion of their apprehension. As such, there is no apparent or overt act indicating that the accused have just committed, are actually committing, or are attempting to commit any crime within view of the police officers to justify a warrantless arrest,” read the motion.

After the arrest, the Tiamzons and their companions were brought to the AFP Central Command in Barangay Apas for interrogation.

Villaflor said there were no guns or explosives listed in the inventory of things taken from the Hyundai Starex van they rode and from the bags they had with them that he signed.

Thus, Villaflor and his companions said the guns and explosives that were supposedly recovered from them were all “planted.”

Aside from their warrantless arrest, the Tiamzons and their companions also said that there was no valid seizure of evidence in plain view.

“In his complaint-affidavit, PSSupt. Roberto Fajardo stated that after the Tiamzon spouses were ordered to alight from their vehicle, various firearms were seen in plain view. There is absolutely no truth to his statement,” they said. —(FREEMAN)